Thanks for using Valetags, operated by Orbion, LLC (“Valetags,” “we,”
“our,” or “us”). These Terms and Conditions ("Terms", "Terms and
Conditions") are legal agreement that govern the relationship between you (“you” the
“Customer”) and Valetags, and govern your use of Valetags.com website and/or Valetags Mobile
App and all associated services, tools and features, text, data, information, software,
graphics, photographs and more that we and our affiliates may make available to you,
including but not limited to any services, plug-ins, software or other tools and features
that we may provide through any of our website or app (the “Platform” or “Website” or “App”
and together with the materials, these “Service(s)”). If you are entering into these Terms
on behalf of a company or other organization, you hereby represent and warrant that you are
authorized to enter into these Terms on behalf of such company or other
organization.
Please read these Terms and Conditions carefully before using the
Service.
YOUR ACCESS TO AND USE OF THE SERVICE IS BASED ON YOUR ACCEPTANCE OF AND
COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL USERS AND OTHERS WHO ACCESS OR USE THE
SERVICE.
By accessing or using the Service you agree to be bound by these Terms and
accept all legal consequences. If you do not agree to these Terms and Conditions, in whole
or in part, please do not use the Service.
Purchases
If you wish to purchase any
product or service made available through the Service ("Purchase"), you may be
asked to supply certain billing information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your credit card, your billing
address, and your information.
You represent and warrant that: (i) you have the
legal right to use any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct and
complete.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.
We reserve the right to refuse or cancel your order at any time for
certain reasons including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected. We will not be held responsible or liable
for any failure for the Purchase to complete, or any resulting loss or damages to
you.
Accounts, Subscriptions,
and Fees
a) Accounts.
When you create an
account with us, you must provide us information that is accurate, complete, and current at
all times. Failure to do so constitutes a breach of the Terms, which may result in immediate
termination of your account on our Service.
You are fully
responsible for all activities that occur under your account. You are responsible for
safeguarding the password that you use to access the Service and for any activities or
actions under your password, whether your password is with our Service or a third-party
service. You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use of your
account.
Accounts are subject to fees based upon the account type you've
selected. You agree to pay all applicable fees related to your use of the Service at the
time you signed up. Fees details are described fully on our pricing page . By providing a payment method, you expressly authorize
us to charge the applicable fees on said payment method as well as taxes and other charges
incurred thereto at regular intervals, all of which depend on your particular subscription,
utilized services and account type you've selected.
b)
Subscriptions.
The subscription period can be month-to-month or another
duration described fully on our pricing
page.
Following registration, you acknowledge that your payment method may be
charged for a subscription payment for the use of Valetags Services and without renewal
payment your account will be suspended.
BY SUBSCRIBING TO ACCESS VALETAGS SERVICES,
YOU CONSENT TO ALLOW VALETAGS TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS
PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR
ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
For
renewals of subscription, You understand Valetags will automatically charge your payment
method in the amount of the then-current fee for your type of account, plus applicable
taxes.
Refunds will not be issued after payment has been received.
Restrictions and
Responsibilities
Following successful set-up
of your account and payment of fees as set forth herein, we grant you a limited,
non-exclusive and non-transferable right to access and use the Services subject to these
Terms. You have no other rights in the Services and shall not use the Services for any
purposes beyond the scope of the access granted in these Terms.
Customer will not,
directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code, object code or underlying structure, ideas, know-how, or
algorithms relevant to the Services or any software, documentation, or data related to the
Services (“Software”); modify, translate, decode, adapt, or otherwise attempt to derive or
gain access to any Software component of the Services, in whole or in part or create
derivative works based on the Services or any Software; use the Services for the benefit of
a third; rent, lease, lend, sell, license, sublicense, assign, distribute, publish,
transfer, or otherwise make available the Services; remove any proprietary notices or
labels; or knowingly use the Services in any manner or for any purpose that infringes,
misappropriates, or otherwise violates any intellectual property right or other rights of
any person, or that violates any applicable law.
Customer shall be responsible for
obtaining and maintaining any equipment and ancillary services needed to connect to, access,
or otherwise use the Services, including, without limitation, modems, hardware, mobile
phones or tablets, servers, software, operating systems, networking, web servers, internet
connection and the like (collectively, “Equipment”). Customer shall also be responsible for
maintaining the security of the Equipment, Customer account, passwords (including but not
limited to administrative and user passwords) and files, and for all uses of Customer
account or the Equipment with or without Customer’s knowledge or consent.
Confidentiality; Property
Rights
Each party (the “Receiving Party”)
understands that the other party (the “Disclosing Party”) has disclosed or may disclose
business, technical or financial information relating to the Disclosing Party’s business
(hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary
Information of Valetags includes non-public information regarding features, tools,
functionality, and performance of the Services. Proprietary Information of Customer includes
non-public data provided by Customer to Valetags to enable the provision of the Services
(“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect
such Proprietary Information, and (ii) not to use (except in performance of the Services or
as otherwise permitted herein) or divulge to any third person any such Proprietary
Information. The Disclosing Party agrees that the foregoing shall not apply with respect to
any information after five (5) years following the disclosure thereof, provided however,
that such obligations shall never expire for trade secrets (as defined by the Uniform Trade
Secrets Act or similar law) to the extent that such Proprietary Information remains a trade
secret. The Disclosing Party agrees that the obligations hereunder shall not apply with
respect to any information that the Receiving Party can document (a) is or becomes generally
available to the public, or (b) was in its possession or known by it prior to receipt from
the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third
party, or (d) was independently developed without the use of any Proprietary Information of
the Disclosing Party or (e) is required to be disclosed by law.
Customer shall own
all rights, title and interest in and to the Customer Data. Valetags shall own and retain
all right, title, and interest in and to (a) the Services and Software, all improvements,
enhancements or modifications thereto, (b) any software, applications, inventions or other
technology developed in connection with Implementation Services or support, (c) all URL(s)
assigned to your account or connected to the Service, and (d) all intellectual property
rights related to any of the foregoing.
Notwithstanding anything to the contrary,
Valetags shall have the right to collect and analyze data and other information relating to
the provision, use and performance of various aspects of the Services and related systems
and technologies (including, without limitation, information concerning Customer Data and
data derived therefrom), and Valetags will be free (during and after the term hereof) to (i)
use such information and data to improve and enhance the Services and for other development,
diagnostic and corrective purposes in connection with the Services and other Valetags
offerings, and (ii) disclose such data solely in aggregate or other de-identified form in
connection with its business. No rights or licenses are granted except as expressly set
forth herein.
Privacy
To the extent
that You provide any personal data to Valetags during account registration or otherwise,
such information will be protected in accordance with our Privacy Policy.
Service Level
The Services shall be
available as reasonably as possible, measured monthly, excluding scheduled maintenance.
Further, any downtime resulting from outages of third party connections or utilities or
other reasons beyond Valetags’ control will also be excluded from any such calculation.
Scheduled maintenance causing downtime will be planned and communicated with customers.
Valetags shall communicate with Customers in the event of a downtime.
Availability, Errors and
Inaccuracies
In order to provide exceptional
service, and accuracy, we regularly update the products and services on the Service. We
cannot and do not guarantee the accuracy or completeness of any information, including
prices, product images, specifications, availability, features, tools and services. We
reserve the right to change or update information and to correct errors, inaccuracies, or
omissions at any time without prior notice.
Despite our best efforts, the products or
services available on our Service may have an error regarding the price, be inaccurately
described, or be unavailable. We may experience delays in updating information on the
Service.
Support
Our response
time is within 24 hours. A support ticket can be opened on our Website Contact Form.
Notices and Message
By
using the Services, you consent to receive emails from us. These emails may include notices
about applicable fees and charges, transactional information, and other information
concerning or related to the Services. These emails are part of your relationship with
us.
You agree that any notices, agreements, disclosures, or other communications that
we send you electronically will satisfy any legal communication requirements, including that
such communications be in writing. You agree to keep your contact information up to date,
and to monitor your email settings to ensure that you receive emails from us at your
discretion and as necessary.
Intellectual
Property
Service contains our service marks
or trademarks as well as those of our affiliates or other companies. The Service and all
contents, including but not limited to text, images, graphics, logos, or code are the
property of Valetags and are protected by copyright, trademarks, database and other
intellectual property rights (Valetags IP) . Your use of our Services does not constitute
any right or license for you to use such Valetags IP. These Terms do not grant you a license
to use any trademark of Valetags or its affiliates. You further agree not to use, change or
delete any proprietary notices from the Service materials. Except for the limited rights and
licenses expressly granted under these Terms, nothing in this Terms and Conditions grants,
by implication, waiver, estoppel, or otherwise, to Customer or any third party any
intellectual property rights or other right, title, or interest in or to the Valetags
IP.
You may submit feedback, suggestions, comments, ideas,
improvements, information, data, text, messages, or other materials (each, a "
Feedback") to us directly or indirectly in relation to the Services. If you choose to
provide Feedback to us, directly or indirectly, you agree that such Feedback and all
associated intellectual property rights shall be the sole property of Valetags and you
assigns to Valetags all rights, title and interest in and to such Feedback. You agree that
Valetags shall be free to use, disclose, reproduce, modify, license, transfer and otherwise
utilize and distribute the Feedback in any manner, without credit or compensation to
you.
Links To Other
Websites
The Service may contain links to
third-party websites or services that are not owned or controlled by Valetags. Valetags has
no control over, and assumes no responsibility for, the content, privacy policies, or
practices of any third-party websites or services. The inclusion of third-party websites
within our website does not constitute any endorsement, guarantee, warranty, or
recommendation of such third party websites.
You further acknowledge and agree that
Valetags shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such websites or services. We
strongly advise you to read the terms and conditions and privacy policies of any third-party
websites or services that you visit.
Termination
We may terminate or suspend
access to our Service immediately, without prior notice or liability, for any reason
whatsoever, including, without limitation, if you breach the Terms.All provisions of the
Terms shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.Upon termination, your right to
use the Service will immediately cease. If you wish to terminate your account, you may
simply discontinue using the Service.
Renewal/Cancellation
Subscription will
automatically renew for the same subscription period unless you cancel the account by the
end of the then-current subscription period. You can cancel your account at any time from
your dashboard or by contacting customer service at Website
Contact Form. Cancellation will be effective at the end of the then-current
subscription period. Please note that after you cancel your account, you may not be able to
use or access the Services and you will not be entitled to a refund of any fees that
you've paid.
Indemnification
You
agree to indemnify, defend and hold harmless Valetags, its owners, principals, officers,
directors, representatives, employees, contractors, licensors, licensees, suppliers,
afflients and agents, from and against any claims, losses, damages, obligations, costs,
actions or demands including reasonable attorneys’ fees. These include but are not limited
to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of
any of these Terms; (c) anything you post on or upload to the Service; (d) use of the
Services in a manner not authorized by these Terms; (e) any modifications to the Services
not made by Valetags; (f) any activity related to your account; or (g) your violation of any
rights of another party. This includes any negligent or illegal conduct by you, any person
or entity accessing the Service using your account whether such access is obtained via
fraudulent or illegal means.
Disclaimer And Non-Waiver of
Rights
VALETAGS MAKES NO GUARANTEES,
REPRESENTATIONS OR WARRANTIES OF ANY KIND IN REGARDS TO THE SERVICES, WEBSITE, APP AND ANY
ASSOCIATED TECHNOLOGY. ANY PURPORTEDLY APPLICABLE WARRANTIES, TERMS AND CONDITIONS ARE
EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
VALETAGS DOES NOT
WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) THE SERVICE WILL BE COMPATIBLE OR WORK WITH
ANY SOFTWARE, SYSTEM, OR OTHER SERVICES; OR E) THE RESULTS OF USING THE SERVICE WILL MEET
YOUR OR ANY OTHER PERSON'S REQUIREMENTS. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE
SERVICES OR FROM US WILL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE
INDEMNITIES.
If you breach any of these Terms and Valetags chooses not to immediately
act, or chooses not to act at all, Valetags will still be entitled to all rights and
remedies at any later date, or in any other situation, where you breach these Terms.
Valetags does not waive any of its rights. Valetags shall not be responsible for any
purported breach of these Terms caused by circumstances beyond its control. A person who is
not a party to these Terms shall have no rights of enforcement.
You may not
assign, sub-license or otherwise transfer any of your rights under these Terms.
Limitation Of
Liability
Valetags, its directors,
employees, partners, agents, suppliers, or affiliates, shall not be liable, under or in
connection with this Terms under any legal or equitable theory, including breach of
contract, tort (including negligence), strict liability, and otherwise, for any loss or
damage, direct or indirect, incidental, special, consequential or punitive damages,
including without limitation, loss of profit, economic loss, loss or damage to electronic
media or data, goodwill, or other intangible losses, resulting from (i) your access to or
use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or
content of any third-party on or related to the Service; (iv) any content obtained from or
through the Service; (v) interruption, delay, or recovery of any data, or breach of data or
system security; and (vi) the unauthorized access to, use of or alteration of your
transmissions or content, whether based on warranty, contract, tort (including negligence)
or any other claim in law, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its essential
purpose.
In no event will Valetags’ aggregate liability or Valetags’ indemnification
obligations arising out of or related to this Terms or your access to or use of the Services
under any legal or equitable theory, including breach of contract, tort (including
negligence), strict liability, and otherwise exceed the greater of (i) the amount paid, if
any, by you to Valetags in connection with these Terms in the twelve (12) months prior to
the action giving rise to liability or (ii) US$100.00.
Changes
We reserve the
right, at our sole discretion, to amend, modify or replace these Terms at any time by
publishing revised Terms on our Website, App and/or by sending an email to the address you
provided. By continuing to access or use our Service after those revisions become effective,
you agree to be bound by the revised terms. If you object to any such modifications, your
sole recourse will be to cease using the Service.
We reserve the right to change any
and all features or tools of our Services, at any time, without notice. Valetags reserves
the right at any time to modify or discontinue, temporarily or permanently, the Service (or
any portion thereof) with or without notice. You agree that Valetags shall not be liable to
you or any third party for any modification, suspension or discontinuance of the Service (or
any portion thereof).
Governing Law
These
Terms shall be governed by and interpreted and enforced in accordance with the United States
Federal Arbitration Act and the laws of the State of California, without regard to conflict
of laws principles.
If any provision of these Terms is held to be invalid or
unenforceable by a court of competent jurisdiction, then any remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement between you and us
regarding our Service (“Agreement”), and supersede and replace any prior agreements, oral or
otherwise, regarding the Service.
Dispute Resolution and Arbitration; Class Action
Waiver
All disputes between you and us will
be resolved by binding arbitration, except that you may assert claims in small claims court
if your claims qualify. Your acceptance of these Terms constitutes a waiver of your right to
litigate claims and all opportunities to be heard by a judge or jury. To be clear, there is
no judge or jury in arbitration, and court review of an arbitration award is limited. The
arbitrator must follow this Agreement and can award the same damages and relief as a court
(including attorney’s fees). YOU AND VALETAGS AGREE THAT ANY AND ALL DISPUTES, AS DEFINED
ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE
FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT
IN ACCORDANCE WITH THIS PROVISION.
a) Pre-Arbitration Claim
Resolution.
For all disputes, you must first give us an opportunity to cure
or resolve the dispute which is first done by sending us at Website Contact Form the following information: (1) your name, (2)
your address, (3) a written description of your claim, and (4) a description of the specific
relief you seek. If we do not resolve the dispute within 60 days after receiving your
notification, then you may pursue your dispute in arbitration.
b) Arbitration
Procedures.
If this provision applies and the dispute is not resolved as
provided above per the Pre-Arbitration Claim Resolution clause, either you or we may
initiate arbitration proceedings. JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration
will be conducted before a single arbitrator. The arbitration will be commenced as an
individual arbitration and will in no event be commenced as a class arbitration. This
provision governs in the event it conflicts with the applicable arbitration rules. Under no
circumstances will class action procedures or rules apply to the arbitration. The Federal
Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator
will apply applicable substantive law consistent with the FAA and the applicable statute of
limitations or condition precedent to suit. You or we may initiate arbitration in
California. The arbitration shall be conducted in the English language.
c)
Class Action Waiver.
Except as otherwise provided in this provision, the
arbitrator may not consolidate more than one person’s claims, and may not otherwise preside
over any form of a class or representative proceeding or claims (such as a class action,
consolidated action or private attorney general action) unless both you and Valetags
specifically agree to do so following initiation of the arbitration.
d)
Other.
You understand and agree that by accepting this provision in these
Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a
public court. If any clause within this provision (other than the Class Action Waiver clause
above) is found to be illegal or unenforceable, that clause will be severed from this
provision whose remainder will be given full force and effect. If the Class Action Waiver
clause is found to be illegal or unenforceable, this entire provision will be unenforceable
and the dispute will be decided by a court. This provision will survive the termination of
your account with us or our affiliates and your discontinued use of the
Services.
Except for disputes subject to arbitration as described above, any
disputes relating to these Terms or this Service will be heard in the courts located in
Orange County, California. Except as otherwise set forth in the dispute resolution
provision, if any of these Terms are deemed inconsistent with applicable law, then such
term(s) will be interpreted to reflect the intentions of the parties, and no other terms
will be modified.
General
Terms
In no event shall Valetags be liable
to Customer, or be deemed to have breached this Agreement, for any failure or delay in
performing its obligations under this Agreement, if and to the extent such failure or delay
is caused by any circumstances beyond Valetags 's reasonable control, including but not
limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot
or other civil unrest, strikes, epidemics, pandemics, contractor difficulties, labor
stoppages or slowdowns or other industrial disturbances, or passage of law or any action
taken by a governmental or public authority, including imposing an embargo.
Unless Customer has specifically notified Valetags to the contrary
in writing (by filling the Website Contact Form,
Valetags may disclose your company as a customer of Valetags and may use your company’s name
and logo on our website and in Valetags’ promotional content in accordance with Customer’s
brand guidelines or related documentation if provided by Customer. Valetags will be granted
a revocable, non-exclusive, non-sub-licensable, non-transferable, royalty-free right and
license (the "Trademark License") to use, display and reproduce such party's
name, logo, trademarks and service marks (the "Trademarks"). Both acknowledge that
the other party's Trademark is and will remain the exclusive property of such
party.
Contact
Us
If you have any questions about these Terms or otherwise
need to contact us for any reason, you can reach us at Website Contact Form.
This Privacy Policy (“Privacy Policy”) is provided to explain the kind
of information Valetags (with its affiliated companies, “Valetags”) may collect while you
use our products and services or while you visit us online, whether through our websites,
including www.valetags.com and other Valetags website, or through other websites or online
applications, blogs, social networks, or other online or wireless means via computer, mobile
device, or other technology; and all of the text, data, information, software, graphics,
photographs and more that we and our affiliates may make available to you, plus our websites
and any services, plug-ins, software, or applications (including Valetags applications) that
we may provide all together constitute the (“Valetags Sites” or “Sites”), and how Valetags
maintains and uses that information. By using the Valetags Sites, you are agreeing to the
terms of Valetags's Privacy Policy.
Some of the information we keep on our
server is information that you volunteer to provide through forms and some is collected
automatically. Unless you volunteer to submit personal data yourself, Valetags will not
collect any personal information.
PERSONAL
INFORMATION YOU CHOOSE TO PROVIDE
In order to purchase our
products or services, use our Sites or participate in some other functionality of the
Valetags Sites, We collect information about you directly from you and automatically through
your use of our Sites. We enable you to provide or post personal information about yourself,
including information that could reasonably be used to contact you or to identify you
personally, such as first and last name, email address, mailing address, fax number, account
number, title, telephone number, and entity information (collectively, "Personal
Information"). If you choose not to provide Personal Information or other information
to us, you may not be able to use Valetags Sites or participate in certain functionalities
of the Valetags Sites. We may combine information automatically collected with other
information that we have collected about you including from publicly available sources. If
we combine any demographic or other information we collect about you with Personal
Information, we will treat the combined information as Personal Information. In order to
help you protect yourself and your information, we encourage you to provide only that
information that is necessary for using our Sites.
INDIVIDUALS UNDER 13 YEARS OF
AGE
Valetags is not directed to children under thirteen (13)
years of age and we do not knowingly collect Personal Information from children under 13. If
we discover that a child under 13 has provided us with Personal Information, we will
promptly delete such Personal Information from our systems.
BILLING INFORMATION
If you
subscribe to Valetags or purchase a product or service form Valetags, our third-party
payment processors will collect and store your billing address and credit card
information.
SOCIAL NETWORK
APPLICATIONS
Functionality on the Valetags Sites may permit
interactions between the Sites and third-party websites, enabling you to “like,” “share,” or
otherwise post content to third-party websites or applications. If you choose to do so,
shared information (including any Personal Information) may become public, including being
visible on the Sites. The third-party social network websites or applications may allow us
to collect and share (or the third party to share) information about you, including Personal
Information. We may also receive information about you if other users of social network
websites give us access to profiles and you are a “friend” or other connection, or if
information about you is otherwise accessible through your social network or interactive
webpage or application.
INFORMATION COLLECTED
AUTOMATICALLY
Like many websites, we and
our Service Providers use Cookies, web beacons, and other technologies to receive and store
certain types of information when you interact with us through your computer or mobile
device subject to your opt-out preferences. Using these technologies helps us customize your
experience with our Sites, improve your experience, and tailor marketing messages. Here are
some of the types of information we collect:
Log & Device data.
When you use Valetags, our servers automatically
record information (“log data”), including information that your browser sends whenever you
visit our Sites. This log data may include the web address you came from or are going to,
your device model, operating system, browser type, unique device identifier, IP address,
mobile network carrier, and time zone or location. Whether we collect some or all of this
information often depends on what type of device you’re using and its settings. For example,
different types of information are available depending on whether you’re using a Mac or PC,
or an iPhone or an Android phone. To learn more about what information your device makes
available to us, please check the policies of your device manufacturer or software
provider.
Cookie data.
Depending on how you’re
accessing our services and subject to your opt-out preferences, we may use “Cookies” (a
small text file sent by your computer each time you visit our Sites, unique to your Valetags
account or your browser) or similar technologies to record log data. When we use Cookies, we
may use ‘session’ Cookies (that last until you close your browser) or ‘persistent’ Cookies
(that last until you or your browser deletes them). For example, we may use Cookies to keep
you logged into Valetags. Some of the Cookies we use are associated with your Valetags
account (including personal information about you, such as the email address you gave us),
and other Cookies are not. Valetags provides a centralized cookie management service across
the entire Valetags application. You can find the link to manage your cookie preferences at
the bottom of the Valetags homepage.
Other Web Site Analytics
Services.
Subject to your opt-out preferences, we use third-party Service
Providers such as Google Analytics to provide certain analytics and user or viewer
interactions services to Valetags in connection with our operation of our Sites, including
the collection and tracking of certain data and information regarding the characteristics
and activities of visitors to and users of Valetags.
SECURITY
Valetags
takes the security of your personal data very seriously, we uses commercially reasonable
safeguards to help secure and protect your Personal Information. However, Given the nature
of communications and information processing technology, there is no guarantee that personal
data will be absolutely safe from access, alteration, or destruction by a breach of any of
our physical, technical, and managerial safeguards or no transmission or storage of
information can be guaranteed to be absolutely private and secure. Valetags does not ensure
the security of any information you transmit to us, and your use of the Sites and provision
of information to us is at your risk. We retain the personal data we collect for so long as
is reasonably necessary to fulfill the purposes for which the data was collected, to perform
our contractual and legal obligations, and for any applicable statute of limitations periods
for the purposes of bringing and defending claims.
USE OF THE INFORMATION YOU
PROVIDE
Valetags will use your Personal
Information for the purpose for which you provided it and related administrative purposes.
For example, our use of such Personal Information may include managing your account,
responding to your requests, developing records of you, your purchase or interest in our
products or services, contacting you with information that might be of interest to you
(including information about products and services of ours and others), improving your
experience on the Valetags Sites, providing you with support and answering questions or
other requests, enforcing this Privacy Policy and the Terms of Use of the Valetags Sites,
protecting our rights and property, and complying with a law or regulation, including
responding to government investigations, validly issued subpoenas, and court
orders.
We use the payment information you provide to us in order to alert you of
past, current, and upcoming charges, to allow us to present the billing history to you on
your billing page in the Sites, and to perform internal financial processes, such as looking
at the status of a credit card charge. In the event of a credit card dispute, we also share
account information with your bank to verify the legitimacy of a charge.
Your orders
for product, creating an account, subscribing to our services and/or submission of ideas are
governed by this Privacy Policy, the Terms of Use,
and (as applicable) by other agreements, policies, and terms and conditions. Our use of the
information you provide for these purposes is subject to those agreements, policies, and
terms and conditions.
WITH WHOM WE MAY SHARE YOUR
INFORMATION
Share Information With Third-Party
Service Providers or Government Entities.
In the ordinary course of
business, we may share some personal information with other companies, agents or contractors
(“Service Providers”) to perform services on our behalf or to assist us with providing
services to you:
We may engage Service Providers to process credit card transactions
or other payment methods. We may also engage Service Providers to provide services such as
monitoring and developing Valetags services; aiding in communications, infrastructure, and
IT services; customer service; debt collection; analyzing and enhancing data. These Service
Providers may have access to your personal or other information in order to provide these
functions. In addition, some of the above-listed types of information that we request may be
collected by third-party Service Providers on our behalf. We may share information with
Service Providers and government entities for legal, security, and safety purposes.
Additionally, we may share your information in order to host or operate the Sites, for data
analysis and for administrative purposes. This includes sharing information in order to
enforce policies or contracts, address security breaches, and assist in the investigation of
fraud, security issues, or other concerns. In such cases, we share the minimum amount of
information reasonably necessary for the third party to complete its function. In all cases,
we will not authorize them to keep, disclose, or use your information except for the purpose
of providing the services for which they have been contracted.
If you are using
Valetags as a paid member of an organization or using your organization’s email domain
(thereby representing yourself as a member of the organization), we may share your email
address and plan information with an authorized agent of your company upon request in order
for them to administer the account for the company.
Exchange of Personal
Information.
Valetags will not otherwise sell, rent, publish or exchange
your personally identifiable information to any other organization or entity unless you are
first notified and expressly agree to it, or as otherwise required by law.
Valetags
or any of its assets, including the Valetags Sites, may be sold, or other transactions may
occur in which your Personal Information is one of the assets in the transaction. As a
result Valetags reserves the right to disclose and transfer user information, including
Personal Information, in connection with any significant corporate event, such as a merger,
sale, dissolution, or acquisition, in which such information is one of the business assets
transferred.
Disclosure Required by Law.
We may transfer and
disclose information, including your Personal Information, Use Information, and Device
Identification (including IP address), to third parties: (i) when we believe that the law
requires it; (ii) at the request of governmental authorities conducting an investigation;
(iii) to enforce the Terms of Use or other
applicable policies; (iv) to respond to an emergency; (v) to protect the rights, property,
or safety of the visitors to and users of the Sites or others; or (vi) to identify users in
cooperation with copyright owners, internet service providers, wireless service providers or
law enforcement agencies. These transfers and disclosures may be done with or without notice
to you.
Affiliates.
We may disclose information to current or
future affiliates or subsidiaries for research, marketing, and other purposes consistent
with this Privacy Policy.
SERVICE RELATED COMMUNICATIONS
We
may send you service and administrative emails to ensure the service is working properly.
These messages are considered part of the service and you may not opt out of these
messages.
Administrative.
We may contact you to inform you
about changes in your services, our service offering and other important service-related
notices, such as changes to the Privacy Policy or about security or fraud
notices.
Promotional.
We may send you emails about new product
features or other news about Valetags or on topics we think would be relevant to you. You
may opt out of receiving these communications at any time.
YOUR RIGHTS AND
CHOICES
Account.
In order to keep your
Personal Information accurate and complete, you can log in to review and update your account
information, including contact and billing information, via your account settings page. You
may also contact us to request information about the personal information we have collected
from you and to request the correction, modification or deletion of such Personal
Information. We will do our best to honor your requests subject to any legal and contractual
obligations. If you would like to make a request, cancel your account or request we delete
or no longer use your account information to provide you our Sites, contact us at support@valetags.com or the address set forth at
the end of this Privacy Policy. Subject to applicable law, we will retain and use your
account information only as necessary to comply with our legal obligations, resolve
disputes, and enforce our agreements.
E-mail.
As described
above, if you do not wish to receive promotional emails from us, you may opt out at any time
by following the opt-out link contained in the email itself. Please note that it may take up
to ten (10) days to process your request. Please also note that if you opt out of receiving
marketing communications from us, we may continue to send to you service-related emails
which are not available for opt-out. If you do not wish to receive any service-related
emails from us, you have the option to delete your
account.
Cookies.
You may also refrain from providing or may
withdraw your consent for Cookies via your browser settings. Your browser’s help function
should contain instructions on how to set your computer to accept all Cookies, to notify you
when a Cookie is issued, or to not receive Cookies at any time. Please keep in mind that
Cookies are required to authenticate Valetags users as well as perform some actions within
Valetags, so in order to use the Sites, some Cookies are often required. You may also manage
the use of targeting, performance, and functional cookies on this website by clicking the
Cookie Settings link located on the footer of this page.
LINKS TO OTHER SITES
The Valetags
Sites may contain links to other third-party websites that are not owned or controlled by
Valetags. Sites content or widgets may be included on websites of third parties. These other
websites may send their own cookies to you, and they may independently collect data or
Personal Information. A link or other connection from the Valetags Sites to any other
website does not indicate that Valetags endorses or recommends that website. Valetags
provides such links and connections for your convenience. These other sites are neither
controlled by Valetags nor subject to the terms of this Privacy Policy. Valetags is not
responsible for any of the content of, or information collected by, those sites. We
encourage you to read the privacy statements of all such sites you may visit.
USERS OUTSIDE THE
USA
Consent to Processing.
The Valetags
Sites are administered from in the United States and the Sites may be replicated to various
locations around the world to offer better performance to you. If you are located in the
European Union or elsewhere outside of the United States, please be aware that information
we collect (including through the use of methods such as Cookies and other web technologies)
may be transferred to and processed in the United States or in other countries where we or
our third-party Service Providers have operations. By using the Sites, or providing us with
any information, you understand and expressly consent to this transfer, processing and
storage of your information in the United States or another jurisdiction which may not offer
the same level of privacy protection as those in the country where you reside or are a
citizen.
CHANGES TO THIS PRIVACY
POLICY
Valetags may at any time update this Privacy Policy.
We will provide notice about significant changes by either sending a notice to the primary
email address we have on file for you or by placing a prominent notice on the Privacy Policy
webpage. Any changes become effective immediately upon posting. Your continued use of the
Valetags Sites after any changes to the Privacy Policy are made will constitute your
agreement to be bound by those changes.
CONTACTING US
If
you have any questions or comments about this Privacy Policy, please contact us at Website Contact Form for questions or comments
outside of the Privacy Policy, please contact us at Website Contact Form.
SUPPLEMENTAL PRIVACY NOTICE FOR
CALIFORNIA RESIDENTS
Effective August 1, 2022
This Privacy Notice
(“Notice”) for California residents supplements the information contained in Valetags’s
Privacy Policy and applies if you are a California resident. Valetags adopts this Notice to
comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California
privacy laws. Any terms defined in the CCPA have the same meaning when used in this
Notice.
Valetags collects information that identifies, relates to, describes,
references, is capable of being associated with, or could reasonably be linked, directly or
indirectly, with a particular consumer or device Personal Information. In particular, our
Sites may have collected the following categories of Personal Information from California
Resident users and viewers within the last twelve months, for the purpose of establishing,
maintaining, and supporting the services that we provide through our Sites:
Valetags obtains the categories of Personal Information listed above
from the following categories of sources:
How California Resident Personal Information May Be
Used.
We may use or disclose the Personal Information we collect for one
or more of the following business purposes:
Access to Specific Information and Data Portability
Rights.
Subject to a verifiable request and certain exceptions, you
have the right as a California resident to request disclosure of the following regarding
your personal information that Valetags has collected, used, or disclosed in the preceding
twelve (12) months:(a) the categories of personal information Valetags has collected about
you, (b) the categories of sources from which the personal information was collected, (c)
the business or commercial purpose for which Valetags collected the personal information,
(d) the categories of third parties to whom Valetags disclosed the category of personal
information, and (e) the business or commercial purpose for which Valetags disclosed the
category of personal information.
Deletion Request
Rights.
Subject to a verifiable request and certain exceptions, you
also have the right as a California resident to request the deletion of any of your personal
information that Valetags has collected. To request disclosure of such information, or to
request deletion of such information, please submit your request at Website Contact Form, Attn: California Privacy. Valetags will
respond to these requests within forty-five (45) days after proper verification. Requests
that come to Valetags by other means may receive a delayed response.
We do not
charge a fee to process or respond to your verifiable consumer request unless it is
excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a
fee, we will tell you why we made that decision and provide you with a cost estimate before
fulfilling your request.
The request must:
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Valetags will not discriminate against you for exercising any of your privacy rights under the CCPA. Under the CCPA, you may designate an authorized agent, as registered with the California Secretary of State, to make a request on your behalf.