Privacy Policy

1. Introduction

Vibetrace provides a marketing automation platform through a Software as a Service (SaaS) model. At Vibetrace the privacy and security of our customers and their visitors are of paramount importance. Vibetrace is committed to protecting the data you share with us. This privacy policy explains how Vibetrace processes information that can be used to directly or indirectly identify an individual (“Personal Data”) collected through use of its website and platform. For the purposes of this policy, Vibetrace defines the term “Customer” or “Client” as an entity with which Vibetrace has an established relationship, the term “Customer Visitor” as any individual who visits any website of our Customers powered by Vibetrace or who is included as a contact in a Customer’s account, and the term “Visitor” as an individual that visits our front-end website (for example vibetrace.com). Any information stored on Vibetrace’s platform is treated as confidential. All information is stored securely and is accessed by authorized personnel only. Vibetrace implements and maintains appropriate technical, security and organisational measures to protect Personal Data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure.

2. Collection and use

2.1 .General

The following sections cover the specifics of each of the three groups from which data is collected: website Visitors, Customer Visitors and Visitors.

2.2 Website Visitors

If you are a Visitor to our website only, then this section is relevant for you. By visiting this website, you consent to the collection and use of your Personal Data as described herein. If you do not agree with the terms set out herein, please do not visit this website. If required by applicable law, we will seek your explicit consent to process Personal Data collected on this website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your Personal Data, the use of this website may not be possible. Vibetrace may collect, record and analyze information of Visitors to its website. We may record your IP address and use cookies. Vibetrace may add information collected by way of pageview activity or interactions with page elements. Furthermore, Vibetrace may collect and process any Personal Data that you volunteer to us in our website’s forms, such as when you register for events or sign up for information and newsletters. If you provide Vibetrace with your social media details, Vibetrace may retrieve publicly available information about you from social media. Such Personal Data may comprise your IP address, first and last name, your postal and email address, your telephone number, your job title, data for social networks, your areas of interest, interest in Vibetrace products, and certain information about the company you are working for (company name and address), as well as information as to the type of relationship that exists between Vibetrace and yourself. Vibetrace gathers data about visits to the website, including numbers of Visitors and visits, Geo-location data, length of time spent on the site, pages clicked on or where Visitors have come.

2.2.1 Purpose of processing personal data

Vibetrace uses the collected data to communicate with Visitors, to customize content for Visitors, to show ads on other websites to Visitors, and to improve its website by analyzing how Visitors navigate its website.

2.2.2 Sharing personal data

Vibetrace may also share such information with service vendors or contractors in order to provide a requested service or transaction or in order to analyze the Visitor behavior on its website.

2.2.3 Cookies

Cookies are small pieces of information sent by a website to a Visitor’s hard disk. Cookies cannot be used to run programs or deliver viruses to your computer. By continuing to visit the website, you agree to the placement of cookies on your device. If you choose not to accept our cookies, we cannot guarantee that your experience will be as fulfilling as it would otherwise be. We may also place cookies from third parties for functional and marketing purposes. The use of cookies is widespread and benefits the surfer. For further information, see Vibetrace Cookie Policy.

2.2.4 Links to other sites

Please be aware that while visiting our site, Visitors can follow links to other sites that are beyond our sphere of influence. Vibetrace is not responsible for the content or privacy policy of these other sites.

2.3 Customer Visitors

Customer Visitors should be aware that in their interaction with our solution on customers’ websites, they could be disclosing information that could make them personally identifiable to Vibetrace Customers. The security and privacy protection implemented on Vibetrace’s platform does not cover this type of transfer or disclosure of personal information. Customer Visitors interacting with campaigns created using Vibetrace platform should be aware that they alone are responsible for the content of their data inputs or survey response. For more detailed information concerning the protection of privacy when interacting with our campaigns, or responding to Customers Surveys, Visitors may contact the entity conducting the survey. It is the Customers’ responsibility to ensure that collection and processing of data is done in accordance with applicable law. Vibetrace will not process Personal Data of Customers Visitors for other purposes or by other means than instructed by its Customers. Please check each customer Privacy Policy.

2.3.1. Inquires

If you wish to inquire about your Personal Data that may have been collected by Vibetrace, we recommend that you contact the entity that created or has connections to it. As Vibetrace is a Data Processor, it only controls the Personal Data sent by Cusomers and it is processed on behalf of its Customers. If you are unsure of who is responsible of creating it, you may contact us for further clarification.

2.4 Customers

2.4.1. General

In order to provide services to its Customers, Vibetrace collects certain types of data from them. Furthermore, Vibetrace’s Customers collect information from Customers’ Visitors when they visit or interact with digital or offline properties integrated with Vibetrace platform. This section will describe how these two types of data are collected and used by Vibetrace as well as geographical differences that effect this policy. Data entered or transferred into Vibetrace by Customers such as texts, questions, contacts, media files, etc., remains the property of the Customer and may not be shared with a third party by Vibetrace without express consent from the Customer.

2.4.2 Collection of Customer data

During a Customer’s registration and later on Vibetrace’s platform, they provide information such as name, company name, email, address, telephone, credit-card number and other relevant data. This information is used by Vibetrace to identify the Customer and provide them with support, services, mailings, sales and marketing actions, billing and to meet contractual obligations. Vibetrace Customers can at any time access and edit, update or delete their contact details by logging in with their username and password to Vibetrace’s platform. Vibetrace Customer may create more Customer accounts with different privilege levels within their account. It is the responsibility of the Customer that creates other Customer accounts, to choose the level of access each Customer should have. Once these new Customer log into Vibetrace, they meet the definition of Customer in this policy. Vibetrace will not retain Customer data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

2.4.3 Collection of Customer Visitor data

Campaigns, emails, interactions, websites, site interactions or surveys used for gathering data are created by Customers, who make them available to relevant businesses, organizations, and individuals. It is the Customer’s responsibility to ensure that collection and processing of data is done in accordance with applicable law. Vibetrace will not process Personal Data for other purposes or by other means than instructed by its Customers. Customer visitors data includes data from individuals being tracked, uploaded, transferred or manually entered by a Vibetrace Customer into their account for marketing or business purposes to the Customer. Personal Data may include, personal contact information such as name, home address, home telephone or mobile number, email address, information concerning family, lifestyle and social circumstances including age, date of birth, marital status, number of children, employment details, education/qualification, business contact details, gender, religion, race, health detail and other sensitive Personal Data. Answers to questions by Customers Visitors, may also include Personal Data. The purpose of collecting Personal Data will vary depending on each customer business and marketing needs, as set up by Vibetrace’s Customers. As Vibetrace provides services to a wide group of customers and businesses, the purpose may vary greatly. For Customers in the EEA, or for Customers providing services to people in the EEA, the Customers will be the “Data Controller”, as defined in the Directive and the GDPR. The purpose will consequently be defined by Vibetrace’s Customer. If you or your organization are required under the European Union’s General Data Protection Regulation (GDPR) to enter into a contract, or other binding legal act under EU or Member State law, with your data processors, review and accept Vibetrace’s Data Processing Agreement in your Vibetrace account.

2.4.4. Geographical location

Vibetrace offers a number of data regions.

A Vibetrace “Data Region” is a set of data centers located within a defined geographical area where Customer and Customer Visitor data is stored. Personal Data might be transmitted between Data Regions. For Vibetrace Customers with accounts located in Vibetrace’s European Data Region, all Personal Data is processed in the EEA. For Customers with accounts in the Data Regions: United States of America (US) and Canada, all Personal Data is processed in the EEA or United States of America or Canada. For Customers with accounts in our Asia Pacific Data Region, all Personal Data is processed in Singapore, EEA or United States of America.

2.4.4. Geographical location

Vibetrace offers a number of data regions. A Vibetrace “Data Region” is a set of data centers located within a defined geographical area where Customer and Customer Visitor data is stored. Personal Data might be transmitted between Data Regions. For Vibetrace Customers with accounts located in Vibetrace’s European Data Region, all Personal Data is processed in the EEA. For Customers with accounts in the Data Regions: United States of America (US) and Canada, all Personal Data is processed in the EEA or United States of America or Canada. For Customers with accounts in our Asia Pacific Data Region, all Personal Data is processed in Singapore, EEA or United States of America.

2.4.4.1 Processing in the European Economic Area (EEA)

For Customers with accounts located in Vibetrace’s European Data Region, all processing of Personal Data is performed in accordance with privacy rights and regulations following the EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 (the Directive), and the implementations of the Directive in local legislation. From May 25th, 2018, the Directive and local legislation based on the Directive will be replaced by the Regulations (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (GDPR), and Vibetrace’s processing will take place in accordance with the GDPR.

2.4.4.1.1 Controller

Vibetrace processes Personal Data both as a Processor and as a Controller, as defined in the Directive and the GDPR: The Vibetrace entity which you as a Customer entered an agreement with when using Vibetrace’s platform, will be the Controller for Customer data, as outlined above in “Collection of Customer data” section. For Customer Visitor data, as outlined in the “Collection of Customer Visitor data” section, the Customer will be the Controller in accordance with Directive and GDPR, and Vibetrace will be the Processor. Vibetrace adheres to the Directive of 1995 and the GDPR from May 25th, 2018. Consequently, Vibetrace processes all data provided by its Customers with accounts in its European Data Region, in the European Economic Area (EEA) only. All data collected by Vibetrace Customers through our platform will be stored exclusively in secure hosting facilities provided by Amazon, Google Microsoft Azure or Digital Ocean. Vibetrace has a data processing agreement in place with its providers, ensuring compliance with the Directive. All hosting is performed in accordance with the highest security regulations. All transfers of data internally in the EEA is done in accordance with this data processing agreement.

2.4.4.2 Processing data

For Customers with accounts in the Vibetrace US Data Region, Vibetrace processes data in data centers located in the US as well as EEA. Vibetrace has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Customers’ data in Vibetrace’s possession. Vibetrace will promptly notify the Customer in the event of any known unauthorized access to, or use of, the Customers’ data. All data collected by Vibetrace Customers through our platform will be stored exclusively in secure hosting facilities provided by Amazon Web Services, Google Cloud, Microsoft Azure or Digital Ocean. Vibetrace’s contract with its hosting provider ensures that all hosting is performed in accordance with the highest security regulations. Vibetrace’s policy is to protect and safeguard any personal information obtained by Vibetrace in accordance with United States state or federal laws governing the protection of personal information and data. Accordingly, Vibetrace adheres to practices and policies that aim to safeguard the data. All data collected by Vibetrace Customers through surveys will be stored exclusively in secure hosting facilities provided by Amazon Web Services, Google Cloud, Microsoft Azure or Digital Ocean. Vibetrace’s contract with its hosting provider ensures that all hosting is performed in accordance with the highest security regulations. Vibetrace’s policy is to protect and safeguard any personal information obtained by Vibetrace in accordance with Canadian laws governing the protection of personal information and data. Accordingly, Vibetrace adheres to practices and policies that aim to safeguard the data.

2.4.4.4 Processing in other regions

For Customers with accounts in our Asian Pacific Data Region, Vibetrace processes data in data centers located in Singapore, United States or EEA. Vibetrace has adopted reasonable physical, technical and organizational safeguards which substantially mirror the EU safeguards against accidental, unauthorized or unlawful destruction, loss, alteration, disclosure, access, use or processing of the Customers data in Vibetrace’s possession. Vibetrace will promptly notify the Customer in the event of any known unauthorized access to, or use of, the Customer’s data. All data collected by Vibetrace Customers through it’s platform will be stored exclusively in secure hosting facilities provided by Amazon Web Services, Google Cloud, Microsoft Azure or Digital Ocean. Vibetrace’s contract with its hosting provider ensures that all hosting is performed in accordance with the highest security regulations. Accordingly, Vibetrace adheres to practices and policies that aim to safeguard the data.

3. Retention and deletion

Vibetrace will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. For Customer Visitor data, Vibetrace’s Customers have control of the purpose for collecting data, and the duration for which the Personal Data may be kept. For Customer Visitor data, Customers with an active account will therefore have the responsibility to delete data when required. When a Customer’s account is terminated or expired, all Personal Data collected through the platform will be deleted, as required by applicable law.

4. Acceptance of these Conditions

We assume that all Visitors of our website, Customer Visitor who visit Customer digital properties powered by Vibetrace and Vibetrace’s Customers have carefully read this document and agree to its contents. If someone does not agree with this privacy policy, they should refrain from using our website and platform. We reserve the right to change our privacy policy as necessity dictates. Continued use of Vibetrace website and platform after having been informed of any such changes to these conditions implies acceptance of the revised privacy policy. This privacy policy is an integral part of Vibetrace’s terms of use.

5. Our Legal Obligation to Disclose Personal Information

We will reveal a user’s personal information without his/her prior permission only when we have reason to believe that the disclosure of this information is required to establish the identity of, to contact or to initiate legal proceedings against a person or persons who are suspected of infringing rights or property belonging to Vibetrace or to others who could be harmed by the user’s activities or of persons who could (deliberately or otherwise) transgress upon these rights and property. We are permitted to disclose personal information when we have good reason to believe that this is legally required.

6. For Further Information

If you have any further questions regarding the data Vibetrace collects, or how we use it, then please feel free to contact us by email at: [email protected], or in writing at: Devant Media SRL, str Regina Maria nr 4, Cozia, sc E, 7, Ramnicu Valcea Romania