Vesigo Studios Privacy Statement

This page outlines how Vesigo Studios views and protects your personal information.

Last updated: August 15, 2024

1. Introduction

Vesigo Studios, LLC ("Vesigo" or "we") respects your privacy and is committed to protecting it through our compliance with this policy.

This Privacy Policy (our "Privacy Policy") describes the types of information we may collect from you or that you may provide when you visit the websites https://www.vesigo.com, https://www.ontime360.com (each, a "Website"), use OnTime software ("Software"), use OnTime services ("Services"), or are automatically enrolled in our standard communications practices. These practices include receiving newsletters and marketing emails, which you can opt out of at any time. This policy details our approach to collecting, using, maintaining, protective, and disclosing of that information.

This policy applies to information we collect:

on our Websites and through the use of our products and services;
in email, text, and other electronic messages between you and our Websites (including our technical support services);

It does not apply to information collected by:

us offline or through any other means, including on any other website operated by Vesigo or any third-party; or
any third party, including through any application or content that may link to or be accessible from or on the Website or with our products.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Websites, Software, or Services. By accessing or using these Websites, Software, or Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of these Websites, Software, or Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

2. Data Controller and Data Protection Officer

Vesigo is the data controller of your Personal Data. Vesigo has appointed a Data Protection Officer. Vesigo or its Data Protection Officer may be contacted in any manner set forth below in the "Contact Information" Section of this Privacy Policy.

3. Children Under the Age of 18

Our Websites are not intended for children under 18 years of age. No one under the age of 18 may provide any information to or on the Websites, Software, or Services. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not register on the Websites, make any purchases through the Websites, use our Software or Services, use any of the interactive or public comment features of our Websites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us in any manner set forth below in the "Contact Information" Section of this Privacy Policy.

4. Information We Collect About You and How We Collect It

Generally

We collect several types of information from and about users of our products and Websites, specifically information:

by which you may be personally identified, such as name, postal address, email address, telephone number, credit card information (for payment processing) and any other identifier by which you may be contacted online or offline ("Personal Data");
that is about you but individually does not identify you, such as Website traffic data, location data (through IP address), logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, scroll data, mouse tracking, and other communication data and the resources that you access and use on the Websites;
if you submit software usage or error reports, information related to your usage of the Software and Services; and/or
about your internet connection, the equipment you use to access our Websites or Software and usage details.

We collect this information:

directly from you when you provide it to us;
automatically as you navigate through the site. Information collected automatically may include usage details (including the number of installations for products you have purchased), IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and
From third-party partners, including but not limited to our resellers, Google, Facebook, and Capterra.

Information You Provide to Us

The information we collect on or through our Websites are:

information that you provide by filling out forms on our Websites. This includes information provided at the time of registering to use our Websites, posting material, or requesting further services (such as technical support). We may also ask you for information when you enter a contest, sweepstakes, or promotion sponsored by us, and when you report a problem with our Websites;
records and copies of your correspondence (including email addresses), if you contact us;
your responses to quizzes and surveys that we might ask you to complete for research purposes;
details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites; and
your search queries on the Websites.

The Personal Data we collect from you is required to enter into a contract with Vesigo, for Vesigo to perform under the contract, to provide you with our products and services, to provide you with information about our services and updates, and to provide you with licenses to our products. If you do not provide the required Personal Data or withdraw your consent for the processing of your Personal Data, we will not be able to enter into the contract with you or fulfill our contract obligations to you.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Websites or transmitted to other users of the Websites or third parties (collectively, "User Contributions"). If you consent, your User Contributions may include technical support tickets that you make publicly available to our user community. Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

details of your visits to our Websites, specifically traffic data, location data (through IP addresses), logs, referring/exit pages, date and time of your visit to our Websites, error information, clickstream data, scroll data, mouse tracking, and other communication data and the resources that you access and use on the Websites;
the number of installations for the products you have purchased; and
information about your computer and internet connection, including, but not limited to your IP address, operating system, and browser type.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways. It helps us to improve our Websites and Software to deliver a better and more personalized service by enabling us to:

estimate our audience size and usage patterns;
store information about your preferences and interests, allowing us to customize our Websites and our Software according to your individual interests;
prevent or deter software piracy and protect our intellectual property;
speed up your searches; and
recognize you when you use and return to our Websites or Software.

5. Lawful Basis for Processing Your Personal Data

If you are in the European Union, the processing of your Personal Data is lawful only if it is permitted under the applicable data protection laws. We have a lawful basis for each of our processing activities (except when an exception applies as described below):

Consent. By using our Websites or Software, you agree to the terms of this Privacy Policy, and your continued use of the Websites or Software constitutes your ongoing agreement to it. By continuing to use the Websites or Software, you consent to our collection, use, and sharing of your Personal Data as described in this privacy policy.
Legitimate Interests. We will process your Personal Data as necessary for our legitimate interests. Our legitimate interests are balanced against your rights and freedoms, and we do not process your Personal Data if your rights and freedoms outweigh our legitimate interests. Specifically, our legitimate interests are to: facilitate communication between Vesigo and you; detect and correct bugs and to improve our Websites and Software, products, and services; safeguard our IT infrastructure and intellectual property; detect and prevent fraud and other crime (including misappropriation of intellectual property); promote and market our business; check your credit and perform risk assessments; and develop our product and services.
To Fulfill Our Obligations to You under our Contract. We process your Personal Data in order to fulfill our obligations to you pursuant to our contract with you to deliver our goods and services to you. Specifically, we use your contact information to provide you with the products, license keys, and support services that you order from us.
As Required by Law. We may also process your Personal Data when we are required or permitted to by law; to comply with government inspection, audits, and other valid requests from government or other public authorities; to respond to legal processes such as subpoenas; or as necessary for us to protect our interests or otherwise pursue our legal rights and remedies (for instance, when necessary to prevent or detect fraud, attacks against our network, or other criminal and tortious activities), defend litigation, and manage complaints or claims.

6. Special Categories of Information

Vesigo does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you, such as Personal Data that reveals your racial or ethnic origin, political opinions, religious, philosophical beliefs, or trade union membership, or the processing of data concerning your health or data concerning your sex life or sexual orientation or history of criminal convictions.

7. Automated Decision Making

Vesigo does not use your Personal Data with any automated decision-making processes.

8. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

to present our Websites, Software, and their contents to you;
to provide you with information, products (including licenses), or services that you request from us;
to provide you with information about security advisories regarding the products or services that you have purchased from us;
to fulfill any other purpose for which you provide it;
to provide you with notices about your account, including expiration and renewal notices, invoices, and receipts;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
to notify you about changes or updates to our Websites or any products or services you have purchased or that we offer or provide through our Websites;
to allow you to participate in interactive features on our Websites and Software;
when necessary to contact you about processing an order or transaction, to contact you through phone or SMS messages;
in any other way we may describe when you provide the information; and
for any other purpose with your consent.

We may use the information that you provide to us, including your email address, to send you newsletters, marketing materials, and other information about our products and services. By using our Websites, Software, or Services, you are opted into receiving these communications. You can opt out at any time by clicking the unsubscribe link in any such email or by contacting us at clientservices@ontime360.com.

For more information, see Choices About How We Use and Disclose Your Information.

9. Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect, or you provide as described in this privacy policy:

to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Specifically, these entities provide IT and infrastructure support services and payment processing services;
to third-party companies we have partnered with and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. Specifically, these entities include companies that we have partnered with on a technical level to offer an improved user experience or essential features to our customers;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Vesigo Studios, LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Vesigo Studios, LLC about our Websites' users is among the assets transferred;
to fulfill the purpose for which you provide it. For example, if you give us a name and/or email address and post in public comments to a page, we will transmit your name and/or email address to anybody who views that comment page;
for any other purpose disclosed by us when you provide the information; and
with your consent.

We may also disclose your Personal Data:

to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
to enforce or apply our terms of use and other agreements, including for billing and collection purposes; and
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Vesigo, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

10. Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligation to use this data only to provide services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

Promotional Offers from Vesigo. Unless you have opted out, we may use your email address to promote our own or third parties' products and services. You can opt out of receiving these communications at any time by clicking the unsubscribe link at the bottom of the email or by emailing . This opt-out does not apply to information provided to Vesigo as a result of a product purchase, support emails, product service experience, or other transactions.

11. Your Rights Regarding Your Information and Accessing and Correcting Your Information

Applicable data protection laws may provide you with certain rights regarding our processing of your Personal Data.

Access and Update. You can review and change your Personal Data by notifying us through the contact information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
Prevention of the sale of your data (CPRA)
Data Correction (CPRA)
Notification of Data Breach (CPA, VCDPA)
Restrictions. You have the right to restrict our processing of your Personal Data under certain circumstances. In particular, you can request we restrict our use of it if you contest its accuracy, if the processing of your Personal Data is determined to be unlawful, or if we no longer need your Personal Data for processing, but we have retained it as permitted by law.
Portability. To the extent the Personal Data you provide Vesigo is processed based on your consent, you have the right to request that we provide you with a copy of, or access to, all or part of such Personal Data in structured, commonly used and machine-readable format. You also have the right to request that we transmit this Personal Data to another controller, when technically feasible.
Withdrawal of Consent. To the extent that our processing of your Personal Data is based on your consent, you may withdraw your consent at any time by closing your account and sending us an email requesting the removal of your personal data. Withdrawing your consent will not, however, affect the lawfulness of the processing based on your consent before its withdrawal, and will not affect the lawfulness of our continued processing that is based on any other lawful basis for processing your Personal Data.
Right to be Forgotten. You have the right to request that we delete all of your Personal Data. We cannot delete your Personal Data except by also deleting your user account and revoking your licenses, and we will only delete your account when we no longer have a lawful basis for processing your Personal Data or after a final determination that your Personal Data was unlawfully processed. We may not accommodate a request to erase information if we believe the deletion would violate any law or legal requirement or cause the information to be incorrect. In all other cases, we will retain your Personal Data as set forth in this policy. In addition, we cannot completely delete your Personal Data as some data may rest in previous backups. These will be retained for the periods set forth in our disaster recovery policies. We also cannot delete your User Contributions, however proper access and use of information provided on the Websites, including User Contributions, is governed by our Terms and Conditions.
Complaints. You have the right to lodge a complaint with the applicable supervisory authority in the country you live in, the country you work in, or the country where you believe your rights under applicable data protection laws have been violated. However, before doing so, we request that you contact us directly in order to give us an opportunity to work directly with you to resolve any concerns about your privacy.
How You May Exercise Your Rights. You may exercise any of the above rights by contacting us using any of the methods below. If you contact us to exercise any of the foregoing rights, we may ask you for additional information to verify your identity. We reserve the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.

12. Your Responsibilities

Without derogating any of the terms and clauses of the Terms and Conditions, Service Level Agreement, and our website's privacy policy, you shall ensure that all End Users have been informed of, and have given their consent to, Vesigo's use and process of any information, as detailed in this Privacy Policy, to the extent such consent is required by applicable law.

13. Do Not Track Signals

We may track you over time and across third-party websites or other online services. Some web browsers permit you to broadcast a signal to websites and online services, indicating a preference that they "do not track" your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such signal is broadcast or received.

14. Data Security

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites like message boards. The information you share in public areas may be viewed by any user of the Websites.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Websites. Any transmission of Personal Data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Websites.

15. Consent to Processing of Personal Data in the United States

If you are a resident of the European Economic Area ("EEA"), in order to provide our Websites, products, and services to you, we may send and store your Personal Data outside of the EEA, including to the United States. Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an adequate level of protection for your Personal Data.

Your Personal Data is transferred by Vesigo to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your Personal Data. By using our Websites, Software, or Services, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data that you provide directly to us on our Websites or through our Software and Services.

We comply with the General Data Protection Regulation (GDPR) and have implemented necessary measures to ensure that your personal data is handled in accordance with the GDPR. We comply with the California Privacy Rights Act, 2018 (CPRA) and have implemented necessary measures to ensure that your personal data is handled in accordance with the CPRA. We comply with the California Consumer Privacy Act, 2020 (CCPA) and have implemented necessary measures to ensure that your personal data is handled in accordance with the CCPA. We comply with the Colorado Privacy Act (CPA) and have implemented necessary measures to ensure that your personal data is handled in accordance with the CPA. We comply with the Washington Privacy Act, 2020 (WPA) and have implemented necessary measures to ensure that your personal data is handled in accordance with the WPA. We comply with the Connecticut Data Privacy Act (CTDPA) and have implemented necessary measures to ensure that your personal data is handled in accordance with the CTDPA. We comply with the Virginia Consumer Data Protection Act (VCDPA) and have implemented necessary measures to ensure that your personal data is handled in accordance with the VCDPA. Our privacy policy outlines the types of personal data we collect, and how we use it in accordance with government regulation.

We have appointed a Data Protection Officer (DPO) who is responsible for monitoring our compliance with the GDPR, CPRA, CPA, CTPA, and VCDPA and can be contacted for any queries related to your personal data. The contact information for our DPO can be found at the bottom of this privacy policy.

16. Data Retention Periods

Vesigo will retain your personal data for the entire time that you keep your account open. After you close your account and request your information to be deleted, we may retain your Personal Data:

for as long as necessary to comply with any legal requirement;
on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

17. Changes to Our Privacy Policy

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' Personal Data, we will notify you by email to the email address specified in your account and through a notice on the Websites' home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes.

18. Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you must contact us at the contact information below or through the "Contact" page on our Websites.

To Contact Vesigo (Controller)

Vesigo Studios
821 O'Hare Parkway
Medford, OR 97504
clientservices@ontime360.com
+1 (541) 326-4200

To Contact Our Data Protection Officer

Jeremiah Tilley
821 O'Hare Parkway
Medford, OR 97504
info@vesigo.com
+1 (541) 326-4200

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