Privacy Policy
Privacy Policy
This Privacy Policy is effective from March 15, 2023
Visily takes great care to protect the privacy of your personal information. This Privacy Policy declares how Visily and its affiliates, referred to as “Visily”, “we”, “our”, or “us”, will process your personal information in connection with the use of our website.
By providing your personal information to Visily and using our website and product, you acknowledge that you have read, reviewed, fully understood and accepted our Terms of Service and Privacy Policy, as well as agree to be bound by them. You also consent that Visily may collect, use, and disclose your personal information as described in this Privacy Policy. Our Terms and Privacy Policy are incorporated by reference, so please refer to this Term of Service for further information.
Shall you have any questions pertain this Privacy Policy, you can contact us at support@visily.ai. Our team members will provide support as needed.
1. Scope of the Privacy Policy
This Privacy Posily applies to the the collection and processing of personal information by Visily in the normal course of our business, which includes, but is not limited to, channels such as Visily’s web properties (e.g., Visily.ai) and any web apps, forums, social media accounts, blogs, and other online or offline offerings (together with any and all future online and offline offerings, also known as the “Services”).
This Privacy Policy provides you with information about our practices regarding the treatment of information we collect from you online (e.g., through our websites and customer support channels) and offline (e.g., in-person promotional activities). We’ll explain the types of information we may collect, how we use that information, with whom we share it, and how you can opt out of certain uses or correct or change such information.
Visily relies on Standard Contractual Clauses to transfer personal data. The legal framework governing the processing of your personal information includes the U.S. Privacy Act of 1974, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, and the repeal of Directive 95/46/EC, along with the corresponding regulations (the “GDPR”).
2. The Information We Collect
At Visily, the types of personal identifiable information (PII) we collect (directly or indirectly from you) and our privacy practices depend on the nature of the relationship you have with us and the requirements of applicable law. Below indicates more information on what types of PII we may collect, the ways we collect and how we use it:
- The Personal Identifiable Information (PII) we collect encompasses any data that can be used to ascertain an individual’s identity. This may include but is not limited to one’s full name, phone number, email address, physical address, as well as details pertaining to one’s current employment, such as company logos, website URLs, and so on.
- We collect personal information from our current, prospective, and former customers, visitors, and guests (collectively “Individuals”) through the following channels:
- Information provided directly to us: When you use our Service and product(s), contact us directly, or engage in certain activities, such as registering for an account with Visily or signing up to receive emails about our latest newsletter and services, we may ask you to provide some or all of the following types of information: your name, email address, mailing address, phone number, payment information, such as a credit card number, billing address, and/or other related information required to complete the purchase (such payment information, also known as “Financial Information”).
- Communications: We (or third parties acting on our behalf) may contact you to participate in research, surveys, or beta testing or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include personal information. All information collected from your participation in our research, surveys, reviews or testimonial process or beta testing is provided by you voluntarily. We may use such information to improve our products and/or Services and in any manner consistent with this Privacy Policy.
- Survey and Reviews: We may collect personal information from you such as your email address, phone number, or mailing address when you choose to request information about our Services, register to receive communications over email or text messaging, participate in promotions, or loyalty programs, or otherwise communicate with us. Where allowed by applicable law, we may also record and store customer support calls for training and quality purposes.
- Mini-game and Contests: If we run mini-game or contests, we may ask you to provide contact information (e.g., a phone number or an email address) or other personal information. Your contact information may be used to inform you about the minigame or contest, and, to the extent permitted by law, for other promotional, marketing, and business purposes. In compliance with the laws of your jurisdiction, as a participant, you may have the opportunity to opt out of any communications that are not related to awarding prizes.
- Information from Third Parties: We may receive information about you from other sources, including through third-party services and organizations, to supplement the information provided by you. This supplemental information allows us to enhance our ability to provide you with information about our business, products, and Services.
- Automated Data: We may collect certain information automatically through our Services and/or other methods of technical analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, your actions on our website and webapp and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geolocation information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through the use of the Services (such as preferences).
3. How We Use Your Information
By providing personally identifiable information to us, we are able to perform a number of business functions as well as services to you, such as:
3.1. Provide Products, Services, or Information Requested
Visily may use information about you to fulfill requests for products, Services, or information, including to:
- Respond to questions, comments, and other requests;
- Provide access to certain features of the Services;
- Personalized product recommendation;
- Conduct internal research and development;
- Review and respond to requests for customer support; and
- Allow you to register for online profiles or in-person events.
3.2. Facilitate Payment processing
When you make purchases from Visily for our products and services, we process your payments via a third-party payment processor. In these instances, the third-party application may collect certain Financial Information from you to process a payment on behalf of Visily, including your name, email address, address, and other billing information in which case the use and storage of your Financial Information is governed by the third party terms, conditions, and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through Visily. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions, and privacy policies. Our treatment of any Financial Information that we may process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy. For more information on our use of third-party payment processors and financing partners, including the name(s) of the entities that we partner with, please email support@visily.ai.
3.3. Administrative Purposes
Visily may use personal information for administrative purposes, including to:
- Measure interest in our products;
- Develop new products and services;
- Ensure quality control;
- Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
- Process payment(s) for products or services purchased;
- Prevent potentially prohibited or illegal activities;
- Process applications and transactions;
- Maintain and administer our Services; and
- Enforce our Terms of Service.
3.4. Marketing
Visily may use personal information to provide you with marketing materials that may be of interest to you, including:
- By directly or indirectly providing personally identifiable information to us as stated in 2. (for example, signing up to receive emails about our latest products and services), you hereby agree to receive certain communications from us, other users, advertisers, our partners, and service providers in connection with Visily; including but not limited to email marketing, sms, direct chat, etc.
- To notify you about offers, products, and updates that may be of interest or about which you have previously expressed an interest (e.g., back-in-stock notifications);
- For other purposes disclosed at the time that you provide personal information; or
- Otherwise with your consent. You may contact us at any time to opt out of the use of your personal information for marketing purposes, as further described in Section 6.
- Direct Mail, Email, and Outbound Telemarketing. Individuals who provide us with personal information, or whose personal information we obtain from third parties, may as be permitted by law, receive periodic emails, newsletters, mailings, text messages, or phone calls from us with information on our or our business partner’s products and services or upcoming special offers/events that we believe may be of interest.
Visily may also use your information for our own and our affiliates marketing and branding purposes, e.g: we might use your company’s logo in our marketing materials.
3.5. Research and Development
Visily may use personal information alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, Visily may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our services, various types of communications, advertising campaigns and/or promotional activities. If you participate in a survey, the information given will be used along with that of other study participants.
3.6. Anonymous and Aggregated Information
Visily may use your personal information and other information about you to create anonymized and aggregated information. This information is not personally identifiable and may include de-identified demographic or psychographic information, information about the computer or device from which you access Visily, or other analyses we create. We use anonymized and aggregated information for a variety of purposes, such as measuring visitors’ interest in and use of various portions or features of Visily. We may use this information for research, internal analysis, analytics, and any other legally permissible purposes. We may also share this information with third parties in an anonymized or aggregated form to support our or their goals, without identifying you.
3.7. Shared Content
From time to time, we may offer referral services of features that allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use Visily.
3.8. Other
Visily may use personal information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide personal information or with your consent.
4. Cookies, Pixels, and Other Technologies
We (along with third parties that provide content, advertising, or other functionality on our Services), may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through Visily. Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging, and tools, and to recognize you across devices.
Our uses of such Technologies fall into the following general categories:
- Operational: We may use Technologies that are necessary for the operation of our Services. This includes Technologies that allow you access to our websites, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity, and improve security; or that allow you to make use of functions such as saved search or similar functions.
- Performance-Related: We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use our Services, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools.
- Functionality-Related: We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into the Service or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content.
- Advertising-Related: We may use first-party or third-party cookies and web beacons to deliver content, including ads relevant to your interests, on our Services or on third-party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. We may also use third parties to serve targeted advertisements to people similar to our customer base (e.g., by uploading a hashed customer list to Facebook Custom Audiences) or incorporating a pixel from the third party on our Site. Even if you have disabled certain cookies, advertisements may still be displayed to you through these third-party channels.
If you would like to opt out of the Technologies we employ, you may do so by blocking, deleting, or disabling them as your browser or device permits. See Section 6 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Services and may prevent you from being able to access certain features.
5. How We Share Your Information
TL;DR: We only share information with your consent, to achieve our legitimate business interests, to comply with laws, to provide you with Services, to protect your rights, or to fulfill business and contractual obligations.
- Visily’s use of AI and your information: Visily does not use your data to train our AI models, nor do we share your data with third-party AI platforms.
- Consent: We process your data if you have given us specific consent to use your personal information for a specific purpose. We gain this consent through explicit requests made to you within the Visily app.
- Legitimate Interests: We process your data when it is reasonably necessary to achieve our legitimate business interests. This includes business interests such as carrying on certain marketing activities; tracking your use of our Services in order to improve them. We also process and disclose your information in circumstances where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, illegal activities, or when information is required as evidence in litigation in which we are involved.
- Performance of a Contract: Where we are negotiating, or have entered into a contract with you or the organization you are associated with, we process your personal information to fulfill the terms of our contract.
- Legal Obligations: We will use or disclose your information where we are legally or ethically required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
The Information We Share With Third Parties: Visily uses Google APIs when you use your Google account to sign in. Please see Visily’s Google API disclosure here. Additionally, as needed, we may share the following information with third parties for a business purpose:
Category / Personal Data | Third Parties to Whom We May Disclose the Personal Information for a Business Purpose |
---|---|
Identifiers: Account data Communications data Device data Referral data | Service providers Payment processors Authentication services |
Commercial information: Device data Usage data Transaction data | Service providers Payment processors Authentication services |
Internet or Network Information Device data Usage data | Service providers |
Geolocation data Usage data Precise geolocation data | Service providers |
Audio, Electronic, Visual or Similar Information Communications data Device data Usage data | Service providers |
Professional or Employment Information Contact data Account data | Service providers |
Sensitive personal information Account data Transaction data (payment card information) Precise geolocation data | Service providers Payment processors Authentication services |
The specific categories of parties with whom we may share the aforementioned information collected through Visily are as follows:
- Vendors and Service Providers: We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust personal information include service providers for: (i) web hosting, analytics and related services; (ii) payment processing, fraud protection, and credit risk reduction; and (iii) in connection with the provision of the Services. Visily’ policy is to execute appropriate contracts with service providers that prohibit them from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.
- Business Partners: Visily may share personal information with its business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Visily may also provide personal information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Visily.
- Marketing: Visily may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Services (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with third-party advertising partners. Advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-Visily related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Service to facilitate the transmission of information that may be useful, relevant, valuable, or otherwise of interest to you.
- Professional Advisors: We share personal data with our legal, financial, insurance, and other advisors in connection with corporate transactions or in connection with the management of all or part of our business or operations.
- Legal Disclosure / Law Enforcement: We may access, preserve and disclose your personal information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours, ours or others’ rights, property or safety; (iv) to enforce Visily policies or contracts; (v) to collect amounts owed to Visily; (vi) to comply with records retention policies; (vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.
6. Managing Your personal information / Opt-out
Visily acknowledges and respects your communication preferences and will solely contact you if you have granted us the authorization to do so. As an Individual, you have the privilege to object to and opt out of specific uses and disclosures of your personal information. If you presume that your personal information is deficient or inaccurate, you are entitled to request a correction. We may offer self-service tools for you to update your personal information. If you have formerly authorized Visily to process your personal information, you may retract that consent at any time and opt out of further processing by contacting us at support@visily.ai. It is to be noted that even if you decide to opt-out, we may still accumulate and utilize non-personal information concerning your activities on our Service and/or data from ads on third-party websites for non-interest-based advertising objectives, such as evaluating the advertisements’ effectiveness.
- Email: You can unsubscribe from email, text, and phone communications at any time. If you would like to opt out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Visily will continue to send you non-promotional, service emails concerning your account, such as emails relating to available upgrades, billing and payment information, the outstanding balance on your account, and other emails relating to your account and your use of the Site.
- Direct Mail: If you would like to opt out of receiving communication via postal mail, contact support@visily.ai.
- Account: You may review, update, or modify your account information anytime by logging into your Visily account. You may also deactivate or delete your Visily account by emailing support@visily.ai.
- “Do Not Track”: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not override these settings or options. However, in order to access certain content, features, services, products, or benefits of the Services, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through the Service or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.
- Cookies and Similar Technologies: You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs may not be effective on mobile interfaces. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, www.aboutads.info/choices/. You can also choose not to be included in Google Analytics https://tools.google.com/dlpage/gaoptout. Please note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous non-personal information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.
- Rights of Access, Rectification, Erasure, and Restriction: Where permitted by applicable law, you may inquire as to whether Visily is processing personal information about you, request access to personal information, and ask that we correct, amend or delete your personal information where it is inaccurate or has been processed in violation of your rights under data privacy laws that apply in the country where you live. Where otherwise permitted by applicable law, you may send an email to human@Visily.ai or use any of the methods set out in this Privacy Policy to request access to, receive, seek rectification, or request erasure of personal information held about you by Visily. Please include your full name, email address associated with your account and a detailed description of your data request. Such requests will be processed in accordance with local laws. Although Visily will use good faith efforts to provide Individuals with access to their personal information, there may be circumstances in which Visily is unable to provide access, including but not limited to where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy, in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Visily will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.
7. Security & Retention
The security of your personally identifiable information is important to us and Visily is committed to handling such information carefully. We maintain physical, electronic and procedural safeguards to guard your personally identifiable information. We use secure socket layer technology to protect the security of your payment information and we encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
We retain personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your personal information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the personal information we hold for a longer period than that for which we might otherwise hold it.
8. Children’s Privacy
Visily’s Services are intended for use by individuals who meet the minimum age requirement set forth by applicable law. Children under the age of 13 are not allowed to use our Services, and we do not knowingly collect personal information from them. If you become aware that your child has provided personal information to us without your consent, please contact us immediately at support@visily.ai. We will take prompt action to delete such information from our files and terminate the child’s account, unless we receive verifiable parental consent. Please note that in certain jurisdictions, such as EU member countries, the minimum age requirement is 16.
9. Additional Topics
9.1. International Data Transfers
You agree that all personal information collected via or by Visily may be transferred, processed and stored anywhere in the world, including but not limited to, the United States, the European Union, on the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. By providing information to Visily, you explicitly consent to the storage of your personal information in these locations.
9.2. Third-Party Sites and Services
The Service may contain links to other websites and other websites may reference or link to the Visily website or other Services. These other domains and websites are not controlled by us, and Visily does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these third parties.
10. Disclaimer
The amendment, supplement, or alteration to the Privacy and Data Protection Policy.
Visily has the legal right to make any necessary modifications, supplements, or alterations to this Privacy Policy. Unless a notice of modification, supplement or replacement has a different provision on the validity period, the amendments, supplements, and replacements will be applied immediately at the time of announcement. To the extent permitted by law, your continued use of the services provided by Visily means that you agree to the updated content in this Policy. We reserve the right to amend this Policy as and when needed. We encourage you to periodically review this page for the latest information on the Policy.
Third-party logo:
The Capterra logo is a service mark of Gartner, Inc. and/or its affiliates and is used herein with permission. All rights reserved.