FVC, Inc. Privacy Policy
Effective: May 25, 2018

At FVC, Inc. we take very seriously the privacy of all visitors to our website and our customers who use the products and Services offered on our site. This Privacy Policy (“Policy”) explains how we collect and use visitors’ and customers’ information, particularly personal information, as part of our Services.

Capitalized terms used in this Policy and not defined herein shall have the meaning assigned to such terms in our Terms of Service. By using our Services, you expressly agree to such use of your Information as described in this Policy. If you do not agree with this Policy, do not use our Services, Site or any other part of our business.

When we refer to “FVC, Inc.”, “we”, “our”, or “us” in this policy, we mean FVC, Inc. FVC, Inc. offers a range of Services, including Information Technology Services and applications, as well as various websites. Collectively, these are our “Services”.

FVC, Inc. only stores and processes the data, files, text, audio, video, images and other content uploaded or otherwise inserted into our Services (“Information”) for the purposes for which our customers engage our Services and other purposes expressly described in this Policy. Any discussion in this Policy of your use of our Services is meant to include your interaction with the Site, whether or not you are a user of FVC, Inc.’s Services. Please read this Policy carefully to understand what Information we collect, how we use that Information, to whom we may disclose Information, and how we safeguard Information.

What do we mean by Personal Information?
In this Policy, “Personal Information” means information or an information set that identifies or could be used by or on behalf of FVC, Inc. to identify an individual. Except as described in this Policy, FVC, Inc. will not give, sell, rent or loan Personal Information to any third party.

Personal Information does not include “Usage Data,” which we define as encoded, anonymized information or aggregated data that we may collect about a group or category of Services, features or users which does not contain personally identifying information. Usage Data helps us understand trends in usage of our Services so that we can better consider new features or otherwise tailor our Services. In addition to collecting and using Usage Data ourselves, we may share Usage Data with third parties, including our customers, partners and Service providers for various purposes, including to help us better understand our customers’ needs and improve our Services as well as for advertising and marketing purposes. We do not share Usage Data with third parties in a way that would enable them to identify you personally.

What Information We Collect
We collect different kinds of Information. Some of it is Personal Information and some is Usage Data. Here are the types of Information we collect or receive:

Usage Data

As a visitor of our Site, you can engage in many activities without providing any Personal Information. However, we do automatically log certain types of information when you interact with the Site (e.g., IP address, browser type, software and operating system used, device type, carrier). FVC, Inc. also uses cookies, which are small text files that a web site can send to your browser to be stored automatically on your computer. We may also use clear GIFs, which are one pixel graphic image files on our Site that may collect the time the GIF was viewed or the type of browser that requested the image file. We generally use this information as we would other Usage Data to analyze trends, administer and maintain our Services, or track activity within our Services. Log data does not contain message content and is not routinely deleted. Our log files are subject to the same strict data security policies and procedures as the application databases for our Service.

Information You Provide to Us

When you register for our Services, we ask for Personal Information such as your name, email address and credit card information, as well as some optional related information like your company name, telephone number and website name. We also collect Personal Information such as a name or alias of any end user you authorize to log into and utilize our Services in connection with your account, and a password from these end users when they first access our Services. A third-party intermediary is used to manage credit card processing. This intermediary is not permitted to store, retain, or use your billing information for any purpose except for credit card processing on FVC, Inc.’s behalf.

How We Use Your Information

In general, we use your Personal Information to process your requests and transactions, to provide you our Services based on your preferences and Service configuration, to alert you on upgrades and updates, and to share special offers and updated information we think will be of interest to you. We also may use your Personal Information for billing, identification, and authentication, to contact and communicate with you and your end users about our Services and your and their use of our Services, send marketing materials, and to generally improve the content and functionality of our Services.

FVC, Inc. may also share Personal Information with its third-party Service providers (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other Services we use to operate our Services and maintain a high-quality user experience. We do not permit our Service providers to use the Personal Information that we share with them for their marketing purposes, or for any other purpose except to provide FVC, Inc. our Services for which such Service providers have contracted with FVC, Inc. Each such Service provider has been vetted prior to contracting with FVC, Inc. to ensure that they provide at least the same level of privacy protection as described in this Privacy Policy.

Cookies / Tracking Technologies

Technologies such as cookies, beacons, tags and scripts are used by FVC, Inc. and our marketing partners, affiliates, or analytics or Service providers. These technologies are used in analyzing trends, administering the Site, tracking users’ movements around the Site and to gather demographic information about our client-base. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We also use cookies to keep end-users logged into our Services and to remember relevant information when the end user returns to our Services, to understand their preferences and improve their user experience, and track and analyze usage, navigational and other statistical information from visitors to the Site. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Site, but your ability to use some features or areas of our Site may be limited.

You can generally accept or decline the use of cookies through a functionality built into your web browser. To learn more how to control cookie settings through your browser:

Click here to learn more about managing cookie settings in Firefox;
Click here to learn more about managing cookie settings in Chrome;
Click here to learn more about managing cookie settings in Internet Explorer; or
Click here to learn more about managing cookie settings in Safari.

If you want to learn more about cookies, or how to control or delete them, please visit http://www.aboutcookies.org for detailed guidance. In addition, certain third party advertising networks, including Google, permit users to opt out of or customize preferences associated with your Internet browsing. To learn more about this feature from Google, click here.

Many jurisdictions require or recommend that website operators inform users as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies. If you are a customer of FVC, Inc., it is your responsibility to inform the individuals with whom you interact using our Services, including your end-users as to the types of cookies utilized in our Services and, as necessary, to obtain their consent. If you require more specific information as to the nature of the cookies utilized in our Services for purposes of fulfilling these obligations, please contact us by email at [email protected]

We partner with a third party to either display advertising on our Site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.

Other Information Sharing

In addition to the purposes described above, we disclose Personal Information to respond to valid subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, to an acquirer of FVC, Inc. or our affiliate companies, or as otherwise required by law.

We may share Information, including Personal Information with any member of the FVC, Inc. team for the purposes stated herein. Each FVC, Inc. team member enters a comprehensive confidentiality commitment prior to starting his or her employment with FVC, Inc.

Links to Other Websites

Our Services may contain links to websites and applications other than our Services, including websites and applications operated by affiliates and other third parties (“Third Party”). If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to read the privacy statements of Third Party websites and applications linked to our Services when you leave our Services. This Policy applies only to information collected by our Services.

Public Forums

Our Services offers publicly-accessible blogs or community forums. You should be aware that any information provided in these areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blog or community forum, contact us at [email protected]. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.

Business Transactions

FVC, Inc. may assign or transfer this Policy, and your user account and related Information and data, including any Personal Information, to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with, FVC, Inc.

Your use of FVC, Inc. in a work environment
Please note that this Policy describes how FVC, Inc. treats your Information, not how other organizations treat your Information. If you are using FVC, Inc. in a workplace, or on a device or account issued to you by your employer or another organization, such company or organization likely has its own policies regarding storage, access, modification, deletion, and retention of communications and content which likely apply to your use of FVC, Inc. Information that would otherwise be considered private to you or to a limited group of people may, in some cases, be accessible by an administrator with access rights within our Services. Please check with your employer, page owner or administrator about the policies it has in place regarding your communications and related Information on FVC, Inc.

FVC, Inc. reserves the right to change or update this Privacy Policy as our business evolves. Please review this Policy periodically. Any updated version of this Policy will be effective as of the date specified in such update. Please note that the individual terms and conditions of usage of particular Service may be more restrictive than those contained herein.

Hosting and Data Transfer
Unless we expressly agree otherwise (including through our Terms of Service), we may host and process data, including Personal Information, in the United States and in other countries through third parties that we use to operate and manage our Services. When you access or use our Services, or otherwise provide information to us, you are consenting, on behalf of you and your authorized agents or end users, (and representing that you have the authority to provide such consent) to the processing and transfer of information in and to the United States and other countries which may have different privacy laws from your or their country of residence.

Choice
We process and store information on behalf of our customers. FVC, Inc. has no direct relationship with the individuals with whom our customers may interact using our Services. If you are an individual interacting with a customer of our Services and would no longer like to be contacted by that customer, please contact that customer directly. We may transfer Personal Information to companies that help us provide our Service.

FVC, Inc. may send you communications or data regarding our Site and Service, such as notices about your usage thereof, including any violations of use, updates, and promotional information and materials regarding our Service. If you are a FVC, Inc. customer and would like to opt-out of getting marketing communications from FVC, Inc. please contact us at [email protected] or follow the unsubscribe instructions included in each marketing email. Requests to opt-out of transfers to our third-party vendors may also be submitted, but limitations on data sharing may make it difficult or impossible to provide our Services in this manner. Even if you opt-out, we may still send you administrative messages relating to our Site (e.g., about changes to this Privacy Policy or our Terms of Use), contact you regarding orders you have placed (e.g., order confirmations and shipment tracking information), and with respect to such orders, to share your information with our agents as discussed above.

Correcting and Updating Your Information
Customers may update or change the Personal Information they have provided FVC, Inc. by logging into our Services and providing such additional information where applicable. If you are our customer and would like to request a copy of your information, to object to our use of your information, or request deletion of information we have collected as “data controllers,” please contact us at [email protected]. We will respond to such queries within thirty (30) business days.

Individuals seeking access to, or who would like to correct, amend, or delete data which may be stored in our Services should direct his query to the applicable FVC, Inc. customer acting as the “data controller” for such information. If requested to remove individual’s data by our customer, we will respond within thirty (30) days.

Data Retention
FVC, Inc. retains Personal Information we process on behalf of our customers or collect directly from our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy. We may further retain and use this Personal Information as necessary to comply with our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, and enforce our agreements. We have established internal policies for the deletion of data from customer accounts following termination of a customer’s subscription to our Services.

Security
FVC, Inc. retains Personal Information we process on behalf of our customers or collect directly from our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy. We may further retain and use this Personal Information as necessary to comply with our legal obligations, maintain accurate accounting, financial and other operational records, resolve disputes, and enforce our agreements. We have established internal policies for the deletion of data from customer accounts following termination of a customer’s subscription to our Services.

The servers on which Information is stored are kept in a controlled data centers with limited access to designated, vetted and authorized employees. These data centers are managed by top-tier Service providers who routinely audit their data protection practices under prevalent auditing standards. While we take reasonable efforts to guard Personal Information we knowingly collect directly from you, no security system is impenetrable. In addition, we cannot guarantee that any Personal Information you choose to upload and store within our Services is maintained at adequate levels of protection to meet specific regulatory requirements applicable to such specific Personal Information, or the needs or obligations you may have relating to that Information.

Your account information and access to our Services may be accessible only through the use of an individual user ID and password. To protect the confidentiality of Personal Information, you must keep your password confidential and not disclose it to any other person. Please advise us immediately if you believe your password has been misused. In addition, always logout and close your browser when you finish your session. Please note that we will never ask you to disclose your password in an unsolicited phone call or email.

For more information about our data security practices please review our Data Security Policy.

Our Policy Toward Children
Our Products and Services are not directed to persons under 16. We do not knowingly collect personally identifiable information from children under 16. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [email protected]. If we become aware that a child under 16 has provided us with Personal Information, we will take steps to delete such information from our files.

Privacy Shield Notice
FVC, Inc. participates in and complies with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks and the Privacy Shield Principles regarding the collection, use, and retention of information about you that is transferred from the European Union or Switzerland (as applicable) to the U.S. We ensure that the Privacy Shield Principles apply to all information about you that is subject to this privacy policy and is received from the European Union, the European Economic Area, and Switzerland.

Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.

To learn more about the Privacy Shield Program, and to view our certification, please visit our public Privacy Shield listing (pending), here: https://www.privacyshield.gov/

We encourage you to contact us as provided below should you have a Privacy Shield-related (or general privacy-related) complaint. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge), here: http://go.adr.org/privacyshield.html. Through this third-party dispute resolution provider, we have also committed to cooperating and complying with the information and advice provided by an informal panel of data protection authorities in the European Economic Area and/or the Swiss Federal Data Protection and Information Commissioner (as applicable) in relation to unresolved complaints (as further described in the Privacy Shield Principles). You may also contact your local data protection authority within the European Economic Area or Switzerland (as applicable) for unresolved complaints.

Under certain conditions, more fully described on the Privacy Shield website, including when other dispute resolution procedures have been exhausted, you may invoke binding arbitration.

We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

Contact Us
If you have any questions or concerns regarding this Privacy Policy or FVC, Inc.’s practices, or if you are seeking to exercise any of your statutory rights, please contact us at [email protected] or by using our mailing address below:

FVC, Inc.
Attention: Privacy Officer
Address: 1250 Executive Pl. Suite 303
Geneva, IL 60134
USA