Privacy Policy
Last Updated: October, 2024
Welcome to VyOS Inc. (“we,” “us,” or “our”). We are committed to protecting and respecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website (https://vyos.io/) (the “Site”) or use our website, solutions and services (collectively, the “Services”).
For the avoidance of doubt, “You” means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
1. Definitions
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
“Consent” of the data subject is any freely given, specific, informed, and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent. Consent must be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be as easy to withdraw consent as it is to give it.
We invite You to read this Privacy Policy carefully to understand our considerations and practices regarding the processing of Your Personal Data.
2. Data We Process
When You access the Services, we may collect the following Personal Data:
2.1 Information You give us. You may, through the websites and Services or other contact channels (e.g., email, website registration form, website contact form, etc.), voluntarily provide us with information containing Your Personal Data. We will process these Personal Data in accordance with Applicable Law and on the assumption that they refer to You or to third parties who have authorized You to provide them pursuant to an appropriate legal basis which legitimizes the processing at stake. In this case, You act as an independent data controller, assuming all relevant obligations and responsibilities according to Applicable Law. In this regard, You shall indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising from any claim made by any third party whose Personal Data have been processed in breach of Applicable Law as regards Your obligations as an independent data controller.
In particular, the said Personal Data include:
Registration data provided by You when You register Your user account for the use of the Services, if it is required, such as: Your username, Your password, and Your email address;
Billing information provided by You in case You purchase our Services;
Contact data provided by You in case You contact us by email or any other available means such as Your name, email address, postal address, username, and telephone number;
Content data provided by You through polls, surveys, and forms created through the Services.
2.2 Business Analysis Data. In order to provide You with the Services or to improve the performance thereof, we process Your Personal Data and/or associate other data to Your Personal Data, including: (i) generating sales reports; (ii) for general statistical purposes (e.g., case studies, business presentations, etc.).
2.3 General Data. We may also collect a series of general data and information when a data subject or automated system uses the service. This general data and information are stored in the server log files. Data collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our Site (so-called referrers), (4) the date and time of access to the Internet site, (5) an Internet protocol address (IP address), (6) the Internet service provider of the accessing system, and (7) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to (1) manage and deliver the content of our Site and Services correctly, (2) optimize the content of our Site, (3) ensure the long-term viability of our information technology systems and website technology, (4) communicate with You, (5) audit and analyze the Services, (6) ensure technical functionality and security of the Services, and (7) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
2.4 Log Files. The log files collected by us may include some of Your Personal Data, including: (i) IP addresses or domain names of the devices used by You to connect to the Services; (ii) the time of the request, the method used to submit the request to the server; (iii) the numeric code indicating the status of the reply given by the server (successful, error, etc.); (iv) other parameters regarding Your operating system and device environment.
3. Purposes and Legal Basis of the Processing
3.1 Purposes. Personal Data above will be processed by us for the purposes and legal basis specified below:
Personal Data involved | Purposes | Legal basis |
---|---|---|
Registration Data Billing Information Contact Data | To carry out our obligations arising from any order and/or contract entered into between You and us and to provide You with the services that You requested from us (e.g., create and manage Your account, provide our Services, process the subscription to our newsletter, etc.). | This processing is necessary for the performance of our mutual contractual obligations and/or carried out with Your consent. |
Registration Data Billing Information Contact Data Log Files | To communicate with You to verify Your account and for informational and operational purposes (e.g., account management, customer service, system maintenance), including by periodically emailing You Services-related announcements. | This processing is necessary for the performance of our mutual contractual obligations and/or based on legitimate interests pursued by us. |
Content Data Log Files Business Analysis Data | To carry on statistical research / analysis, as well as to report, measure and evaluate the Services’ operation, usability, features and performance. To provide the testing admissions process when a computer-based certification test is administered to You. | This processing is based on legitimate interests pursued by us and/or does not involve Personal Data (as long as data processed are anonymized). |
Contact Data | To provide You with information and/or services that You requested from us (e.g., process the subscription to our newsletter, marketing communications, etc.). | This processing is based on Your consent. |
Contact Data | To manage Your job application and provide You with the hiring process status and information. | This processing is based on Your consent. |
Registration Data Billing Information Contact Data Log Files | To ensure compliance with any Applicable Law, our terms of use, our terms and conditions, end user licenses agreement and our Privacy Policy. | This processing is necessary for the performance of our mutual contractual obligations and/or for the establishment, exercise or defense of legal claims. |
Personal Data involved | Registration Data Billing Information Contact Data |
Purposes | To carry out our obligations arising from any order and/or contract entered into between You and us and to provide You with the services that You requested from us (e.g., create and manage Your account, provide our Services, process the subscription to our newsletter, etc.). |
Legal basis | This processing is necessary for the performance of our mutual contractual obligations and/or carried out with Your consent. |
Personal Data involved | Registration Data Billing Information Contact Data Log Files |
Purposes | To communicate with You to verify Your account and for informational and operational purposes (e.g., account management, customer service, system maintenance), including by periodically emailing You Services-related announcements. |
Legal basis | This processing is necessary for the performance of our mutual contractual obligations and/or based on legitimate interests pursued by us. |
Personal Data involved | Content Data Log Files Business Analysis Data |
Purposes | To carry on statistical research / analysis, as well as to report, measure and evaluate the Services’ operation, usability, features and performance. To provide the testing admissions process when a computer-based certification test is administered to You. |
Legal basis | This processing is based on legitimate interests pursued by us and/or does not involve Personal Data (as long as data processed are anonymized). |
Personal Data involved | Contact Data |
Purposes | To provide You with information and/or services that You requested from us (e.g., process the subscription to our newsletter, marketing communications, etc.). |
Legal basis | This processing is based on Your consent. |
Personal Data involved | Contact Data |
Purposes | To manage Your job application and provide You with the hiring process status and information. |
Legal basis | This processing is based on Your consent. |
Personal Data involved | Registration Data Billing Information Contact Data Log Files |
Purposes | To ensure compliance with any Applicable Law, our terms of use, our terms and conditions, end user licenses agreement and our Privacy Policy. |
Legal basis | This processing is necessary for the performance of our mutual contractual obligations and/or for the establishment, exercise or defense of legal claims. |
3.2 Voluntary nature of the processing. Providing Your Personal Data for the above-mentioned purposes is voluntary and not mandatory. However, not providing any of such data may not allow us to establish and/or continue a contractual relationship with You, or to fulfill Your requests, or to comply with legal obligations to which we are subject.
4. Data Retention Period and Security Measures for Your Personal Data
4.1 Data Retention. Personal Data collected by us will be processed for the time strictly necessary to achieve the purposes referred to above. In particular:
Personal Data needed for the provision of our Services will be processed as long as it is necessary for providing You with the requested Services, until the Personal Data is required for the legitimate purpose of its collection, or until You stop using the Services; if Your Personal Data is no longer necessary for any such purposes, we will immediately delete such personal data from our systems;
Personal Data needed for the provision of our newsletter service will be processed until You decide to unsubscribe;
Personal Data needed for security and fraud prevention purposes will be kept up to 6 (six) months from the termination of Your account and related Services;
Personal Data needed to be kept under applicable laws (for example, tax laws, accounting laws, etc.) will be retained for the period of time imposed by those laws.
In any case, for technical reasons, the termination of the processing and the subsequent deletion or anonymization of Personal Data will be completed within thirty (30) days from the terms indicated above.
4.2 Security measures. We take all reasonable steps to protect Personal Data provided via our websites and Services from loss, misuse, and unauthorized access, alteration, disclosure, or destruction. However, no Internet transmission is ever fully secure or error-free. In particular, emails sent to or from our websites and Services may not be secure. Therefore, You should take special care in deciding what information You send to us via email. Please keep this in mind when disclosing any Personal Data to us or to any other party via the Internet. In case of a personal data breach, we will notify the supervisory authority and data subjects of the personal data breach without undue delay after becoming aware of it, in accordance with applicable laws.
5. Recipients of Your Personal Data
We may share Your Personal Data with the following recipients:
5.1 Service Providers: We may disclose Your Personal Data to third-party service providers who perform services on our behalf, such as hosting providers, email service providers, payment processors, and customer support services. These providers are obligated to protect Your Personal Data and use it only for the services they provide to us.
5.2 Affiliates: We may share Your Personal Data with our affiliates, which are entities that we control, are controlled by, or are under common control with us, to provide You with the Services and for internal business purposes.
5.3 Business Transfers: In the event of a merger, acquisition, reorganization, or sale of all or a portion of our assets, we may transfer Your Personal Data as part of the transaction. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of Your Personal Data, as well as any choices You may have regarding Your Personal Data.
5.4 Legal Requirements: We may disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
5.5 With Your Consent: We may share Your Personal Data with third parties when we have Your consent to do so.
6. Your Rights and Control Mechanisms
6.1 Your rights. Under Applicable Law, You, as a data subject, have the following rights:
Right of access: You have the right to obtain from us confirmation as to whether or not Personal Data concerning You is being processed, and, where that is the case, access to the Personal Data and information regarding the processing.
Right to rectification: You have the right to obtain from us the rectification of inaccurate Personal Data concerning You, as well as, considering the purposes of the processing, the right to have incomplete Personal Data completed, including by means of providing a supplementary statement.
Right to erasure: You have the right to obtain from us the erasure of Personal Data concerning You without undue delay, and we shall have the obligation to erase Personal Data without undue delay, where one of the following grounds applies: (a) the Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) You withdraw consent on which the processing is based and where there is no other legal ground for the processing; (c) You object to the processing in case the Personal Data is processed based on our legitimate interest and there are no overriding legitimate grounds for the processing, or You object to the processing for direct marketing purposes; (d) the Personal Data has been unlawfully processed; (e) the Personal Data has to be erased for compliance with a legal obligation.
Right to restriction of processing: You have the right to obtain from us restriction of processing where one of the following applies: (a) You contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data; (b) the processing is unlawful and You oppose the erasure of the Personal Data and request the restriction of their use instead; (c) we no longer need the Personal Data for the purposes of the processing, but they are required by You for the establishment, exercise, or defense of legal claims; (d) You have objected to processing pending the verification whether our legitimate grounds override those of You.
Right to data portability: You have the right to receive the Personal Data concerning You, which You have provided to us, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller without hindrance from us.
Right to object: You have the right to object, on grounds relating to Your particular situation, at any time, to processing of Personal Data concerning You, which is based on legitimate interest pursued by us. We shall no longer process the Personal Data unless we demonstrate compelling legitimate grounds for the processing which override Your interests, rights, and freedoms, or for the establishment, exercise, or defense of legal claims.
Right to lodge a complaint: You have the right to lodge a complaint with a supervisory authority in the EU country of Your habitual residence, place of work, or place of the alleged infringement if You consider that the processing of Personal Data relating to You infringes the Applicable Law.
To exercise any of Your rights, You may contact us as set forth below.
6.2 Consent withdrawal. If the processing of Personal Data is based on Your consent, You have the right to withdraw Your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. Consent can be withdrawn by sending an email to [email protected]. Please note that if You withdraw Your consent, we may not be able to provide You with access to certain specific functionalities of our websites and Services.
7. Transfers of Your Personal Data
We are a global organization and Your Personal Data may be further transferred to, and stored at, any of our affiliates, partners or service providers mentioned above, which may be worldwide, including countries that may not provide the same level of data protection as the EU/EEA (for example, the United States). In all cases, we take appropriate measures to ensure that your Personal Data is adequately protected.
By submitting your Personal Data, you acknowledge and agree to such transfers, provided that we continue to ensure an adequate level of protection for your data as described above. For more information, please refer to the mechanisms in place to safeguard your data, available in our Privacy Policy.
8. Contact Us
If You have any questions or comments about this Privacy Policy, Your rights, or our data collection practices, please contact us by sending an email to [email protected]
VyOS Inc.
12585 Kirkham Ct, Suite 1, Poway, California 92604
9. Use of cookies and other web technologies
Like many websites, We use automatic data collection tools, such as cookies. These tools collect certain standard information that Your browser sends to our Site. For more information, please visit our Cookie Policy.
10. Forums and chat rooms
If You participate in a discussion forum, local communities, or chat room on our Site, You should be aware that the information You provide there (i.e., Your public profile) will be made broadly available to others, and could be used to contact You, send You unsolicited messages, or for purposes neither us nor You have control over. Also, please recognize that individual forums and chat rooms may have additional rules and conditions. We are not responsible for the personal information or any other information You choose to submit in these forums.
To request removal of Your personal information from our blog or community forum, contact us at [email protected]. In some cases, we may not be able to remove Your personal information, in which case we will let You know if we are unable to do so and why.
11. Amendments to this policy
We reserve the right to change this Privacy Policy at any time. If we decide to change this Privacy Policy, we will post the changes on this page and update the “Last Updated” date at the top of this Privacy Policy. We encourage You to review this Privacy Policy periodically to stay informed about how we are helping to protect the Personal Data we collect. Your continued use of the Services after the posting of any changes constitutes Your agreement to be bound by such changes to this Privacy Policy.