AppVital | Cloud File Uploader | Privacy

Introduction

Appvital, Inc. provides online services used by application service providers to upload, transform and deliver files within their applications. Most of our customers are business entities or other organizations. Appvital’s main office is in Frisco, Texas and it offers its services to customers worldwide.

This Privacy Statement describes our policies for personal data that we collect and use for our own general business purposes.

We also receive and transmit personal data that is controlled by those of our customers who use our services to process files that include personal data. We use this customer-controlled personal data only as permitted by our customers in our agreements with them and not for our own general business purposes. We have included information below to describe our commitments to you if we have access to your data in our role as a file processor, but you should review the privacy statement of our customer that controls your personal data to understand its privacy practices.

Definitions

We collect personal data for the following purposes:

  • to operate our website;
  • to improve our website and product offerings;
  • to market our services;
  • to manage our relationship with our customers and provide customer support;
  • to manage our vendors.

Data Collection

To grant you access and to use our Services, AppVital requests you to provide the following information, some of which may be personal data:

Contact details: We collect your contact information such as first name and last name, business email address and address, job workplace and position, telephone number.

Financial information: We collect data necessary for payment, including for invoicing purposes, such as your billing details and credit card number.

Other: When communicating with AppVital, AppVital collects and processes written communications: email and live chat sessions, for improving its Services and quality control, which includes the usage of the collected communications for the handling of claims and fraud detection purposes. Collected communications are kept for a limited amount of time and automatically deleted, unless AppVital has a legitimate interest to keep such communications for a longer period, including for fraud investigation and legal purposes.

Data We Collect On Sites Automatically

When using the Services, AppVital also collects information automatically, some of which may be personal data. This includes data such as:

  • IP address
  • User agent (information about the browser type and version)
  • User subscription status
  • Information in user storage (See Third Party Data)

AppVital may also collect data automatically through cookies. For information on how we use cookies, refer to Cookies And Tracking.

Data Processing Purposes

We use the information you provide, some of which may be personal data, for the following purposes:

A. Registration and account administration: We use the information to register your property and to allow you and AppVital to administer and manage the Services offered to you.

B. Providing our Services: We use the information, which may include personal data, to provide our Services, facilitate their performance, improve the Services and Sites' content related to their usage.

С. Analyze the use of Services: We use the information, which may include personal data, to analyze the volume and history of your use of our Services. We use the derivatives of such analyses to conduct monitoring and reporting of your use of our Services to comply with our Terms of Service ('ToS') and [Service Level Agreement][uc-sla] ('SLA').

D. Customer Service: We use the information to provide you customer support and customer success services, such as to: respond to your requests, questions and concerns; provide you with best practices to use the Services; engage in customer success communications when encountering unusual activities (e.g., spikes) in usage of Services.

E. Marketing/Communications: We use the information to provide you with information that you request, to send our newsletter, marketing communications and updates about new products and services or other news or offers which we believe will be of interest to you. Where we use your personal data for direct marketing purposes, such as newsletters and marketing communications on new products and services or other offers which we believe will be of interest to you, we include an unsubscribe link that you can use if you don’t want us to send messages in the future. We may invite you to attend events we believe may be of interest to you. We may also use your personal data to invite you to participate in referral programs.

F. Certain Services may offer you means to deliver media to your end-users, which always includes AppVital as a source of that media. AppVital has access to these media and uses automated systems to analyze them for security purposes; fraud prevention; compliance with legal and regulatory requirements; investigations of potential misconduct; product development and improvement; research and customer or technical support.

G. Analytics, improvements and research: We use the information which may include personal data to conduct research and analysis. We may involve a third party to do this on our behalf. We may share or disclose the results of such research, including to third-parties and our affiliates, in anonymous, aggregated form. We also use the information, which may include personal data, to assess the needs of your business, to determine suitable products and to improve our Services and marketing efforts. We may invite you to take part in surveys, such as market research, and to analyze how to improve your experience, and the functionality and quality of our Services.

H. Security, fraud detection and prevention: We use the information, which may include personal data, in order to prevent fraud and other illegal or infringing activities when using our Sites as well as our Services. We also use this information to investigate and detect fraud. AppVital can use personal data for risk assessment and security purposes, including the authentication of users. For these purposes, personal data may be shared with third parties, such as law enforcement authorities as permitted by applicable law and external advisors.

I. Legal and compliance: In certain cases, AppVital needs to use the information provided, which may include personal data, to handle and resolve legal disputes or complaints, for regulatory investigations and compliance, to enforce agreement(s) or to comply with lawful requests from law enforcement insofar as it is required by law.

If we use automated means to process personal data which produces legal effects or significantly affects you, we will implement suitable measures to safeguard you rights and freedoms, including the right to obtain human intervention.

Legal Base

In view of purpose A to D, AppVital relies on the legal basis that the processing of your personal data is necessary for the performance of your agreement with AppVital. If you do not provide the requested information, AppVital cannot register your property, allow you to use, administer, and manage the Services, nor can we provide customer service to you.

In view of purposes E to I, AppVital relies on its legitimate commercial business interest to provide its Services to you, to prevent fraud and to improve its Services. When using personal data to serve our commercial business interest, AppVital will always balance your rights and interests in the protection of your information against AppVital’s rights and interests. For purpose I, AppVital relies also where applicable on compliance with legal obligations (such as lawful law enforcement requests). Where needed under applicable law, AppVital will obtain your consent prior to processing your personal data for direct marketing purposes.

If you wish to object to the processing set out under D to G and no opt-out mechanism is available to you directly (for instance in your account settings), to the extent applicable, please contact our Data Protection Officer at info@appvital.com.

Data Sharing

We share your information, which may include personal data, with third parties as permitted by law and as described below. We do not sell or rent your personal data.

Service Providers: We share your information with third party service providers to provide our Services, store data and/or maintain the Sites or conduct business on our behalf. These service providers shall process personal data only as instructed by and to provide the services to AppVital.

Payment Providers and other Financial Institutions: To process payments between you and AppVital your information, as relevant, is shared with payment providers and other financial institutions.

Compelled Disclosure: When legally required, strictly necessary for the performance of the Services, or to protect our rights, we disclose your information to governmental authorities including law enforcement (subject to a lawful request), or in legal proceedings.

Sharing and Disclosure of Aggregate Data: We may share information in aggregate form and/or in a form which does not enable the recipient of such information to identify you, with third parties, for example for industry and demographic analysis.

In addition, AppVital can disclose your personal data to third parties, if you (or your account administrator acting on your behalf) requests or authorizes disclosure thereof.

International Data Transfers

The transmission of personal data as described in this Privacy Policy may include overseas transfers of personal data to countries whose data protection laws are not as comprehensive as those of the countries within the European Union. Where required by European law, AppVital shall only transfer personal data to recipients offering an adequate level of data protection. In these situations, as may be required, we make contractual arrangements to ensure that your personal data is still protected in line with European standards. You can ask us to see a copy of these contractual agreements by contacting our Data Protection Officer at info@appvital.com.

AppVital complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. AppVital has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms of this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit privacyshield.gov. For more information, see our Privacy Shield Notice.

Third Party Data

To provide its Services, AppVital captures and stores information, which may include personal data, about you and your end-users uploading materials to AppVital: (1) IP addresses; (2) request headers; (3) data submitted to the API of our Services.

AppVital, upon request from you or your account administrator acting on your behalf, may use the data derived from media uploaded by your end-users to: (1) detect MIME types; (2) deliver, convert or otherwise process media upon request to our Services.

You can recover, modify or delete your data from your AppVital account at any time through the dedicated procedures provided within its Services.

AppVital does not sell, share or rent out data stored in your AppVital account to third parties, nor does it use them for any purposes other than those outlined in this Privacy Policy.

By using our Services (receiving data from your end-users), you are considered the data controller within the meaning of the GDPR; AppVital is acting as a data processor. In this capacity, you are responsible in particular for:

  • Making all the declarations necessary to the relative data protection authority.
  • Complying with all current regulations in force.
  • Obtaining the explicit consent of the individuals concerned when collecting their personal data.
  • Ensuring your authority to use the personal data collected in accordance with the defined end purposes and refraining from any unauthorized use.

When using our Services to receive media from EU citizens, it is your obligation to ensure that your entire data pipeline complies with the GDPR regulations. When using our Services to receive media from citizens of the California state (USA), it is your obligation to ensure that your entire data pipeline complies with the CCPA regulations. This implies you should sign (if applicable) the Data Processing Agreement provided by AppVital to ensure GDPR / CCPA compliance of data flows between you and the Services.

Data Security

Within the framework of its Services, AppVital attributes the very highest importance to the security and integrity of information and personal data. AppVital observes reasonable procedures to prevent unauthorized access to, and the misuse of, information including personal data. We use appropriate business systems and procedures to protect and safeguard information including personal data. We also use security and managerial procedures and industry standard technical restrictions for accessing and using the personal data on our servers. Only authorized personnel are permitted to access personal data in the course of their work.

Thus and in accordance with the GDPR and CCPA, AppVital undertakes to take all pertinent precautions in order to preserve the security of the data and, in particular, to protect them against any accidental or unlawful destruction, accidental loss, corruption, unauthorized circulation or access, as well as against any other form of unlawful processing or disclosure to unauthorized persons.

To this end, AppVital implements industry standard security measures to protect personal data from unauthorized disclosure. In using industry recommended methods of encoding, AppVital takes the measures necessary to protect information connected with payments and credit cards.

Data Retention

We will retain your information, which may include personal data, for as long as we deem it necessary to enable you to use our Services, to provide our Services to you, to comply with applicable laws, resolve disputes with any parties and otherwise as necessary to allow us to conduct our business, including to detect and prevent fraud or other illegal activities. All personal data we retain will be subject to this Privacy Policy.

AppVital in no way undertakes to store all your data indefinitely. You can access data so long as you hold an active account with us and for a period that varies depending on the type of data concerned and the subscribed plan, but, in no event no longer than 12 months after the closing of your account. The data may be deleted at any time during active use of your account in accordance with the provisions set forth above.

If you have a question about a specific retention period for certain types of personal data we process about you, please contact our Data Protection Officer at info@appvital.com.

Your Choices And Rights

We want you to be in control of how your personal information is used by us. In accordance with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, the European General Data Protection Regulation 2016/679 (GDPR), and the California Consumer Privacy Act (CCPA), you can do this in the following ways:

  • You can ask us for a copy of the personal information we hold about you.
  • You have the right to know whether your personal information is sold or disclosed and to whom.
  • You have the right to say no to the sale of your personal information.
  • You can inform us of any changes to your personal information, or you can ask us to correct any of the personal information we hold about you. You are also able at any time to modify your personal information by accessing your account settings on our Sites.
  • In certain situations, you can ask us to erase, block, or restrict the processing of the personal information we hold about you or object to particular ways in which we are using your personal information.
  • In certain situations, you can also ask us to send the personal information you have given us to a third party.

Where we are using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time subject to applicable law. Moreover, where we process your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information subject to applicable law.

We rely on you to ensure that your personal information is complete, accurate, and current. Please do inform us promptly of any changes to or inaccuracies of your personal information by contacting info@appvital.com. Your applications will be processed within 30 days. We may require your application to be accompanied by a photocopy of proof of identity or authority.

In addition, you have the right to lodge a complaint with the data protection authority in your jurisdiction.

Cookies And Tracking

As a general rule, AppVital uses cookies to improve and personalize its Sites and Services and/or measure its audience. Cookies are files saved to your local storage when browsing on the internet and in particular on our Sites. A cookie is not used to gather your personal data without your knowledge but instead to record information on site browsing which can be read directly by AppVital on your subsequent visits.

You can choose to decline acceptance of all cookies, but your ability to browse certain pages of our Sites may be reduced. The cookies used by AppVital are intended to enable or facilitate communication, to enable the Services requested by users to be supplied, to recognize users when they re-visit the site, to secure payments which users may make, or other preferences necessary for the service requested to be supplied and to enable AppVital, internally, to carry out analyses on hit rates and browsing experience so as to improve content, to track email open rates, click rates, and bounce-back rates at individual levels.

By default, cookies are not installed automatically (except for those cookies needed to run the AppVital Sites and Services, and you are informed of their installation by a clickable banner with a text description). In accordance with the regulations that apply, AppVital will require your authorization before implanting any other kind of cookie to your local storage. To avoid being bothered by these routine requests for authorization and to enjoy uninterrupted browsing, you can configure your device to accept AppVital cookies, or we can remember your refusal or acceptance of certain cookies. By default, browsers accept all cookies.

When you access third party sites on our Sites, or when you are reading integration or social media links, cookies can be created by the companies disseminating these links. These third parties may be able to use cookies in the context of AppVital’s Services (partners or other third parties supplying content or services available on the AppVital site) and are responsible for the cookies they install, and it is their conditions on cookies which apply. AppVital assumes no liability regarding the possible use of cookies by third parties. For more information, you are advised to check the cookie policy directly on these third-party sites concerning their use of cookies.

Privacy Policy Changes

Just as our business changes constantly, this Privacy Policy may also change from time to time. If you want to see changes made to this Privacy Policy from time to time, we invite you to access this Privacy Policy to see the changes. If we make material changes or changes that will have an impact on you (e.g. when we start processing your personal data for other purposes than set out above), we will contact you prior to commencing that processing.

Any material changes made will be notified to you via our Sites or by email, to the extent possible, three (3) business days at least before any changes come into force.

Privacy Shield Principles

AppVital complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

In compliance with the Privacy Shield Principles, AppVital commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact AppVital at info@appvital.com or at our mailing address below:

14292 Yellowrose Pl, Frisco TX 75035

In the event we are unable to resolve your concern, you may contact EU Data Protection Authorities for EU/EEA Data Subjects and Swiss Federal Data Protection and Information Commissioner for Swiss Data Subjects which provide an independent third-party dispute resolution body. A binding arbitration option may also be available to you in order to address residual complaints not resolved by any other means.

AppVital may disclose personal data to trusted third parties as indicated in the Privacy Policy. AppVital requires that its agents and service providers that have access to Personal Data within the scope of this Privacy Shield Policy provide the same level of protection as required by the Privacy Shield Principles. We ensure that our agents process Personal Data received under the Privacy Shield in a manner consistent with our obligations under the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage. We may need to disclose Personal Data in response to lawful requests by public authorities, for law enforcement or national security reasons, or when such action is necessary to comply with a judicial proceeding or court order, or when otherwise required by law.

GDPR

AppVital has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to complaints concerning data transferred from the EU and Switzerland.

Questions And Complaints

Please feel free to contact us if you have any questions or complaints about AppVital’s Privacy Policy or practices. You may contact our Data Protection Officer at info@appvital.com or at our mailing address below:

14292 Yellowrose Pl, Frisco TX 75035

Our Privacy Policy

We at AppVital.com, have created this privacy policy to inform you of our commitment to protecting your personal information and inform you about how your personal information is handled. This privacy policy only applies to activity, transactions and data gathered from your activities on the AppVital.com Website, between AppVital.com users and subscribers (collectively, the "Site") but does not apply to any other website or offline point of contact between AppVital.com or any other company, and consumers.

Information We Collect.

AppVital.com is a subscription-based online service. In order to do run the service, we must ask for certain personal information, which may or may not include: customer-specified AppVital.com username, gender, age, ethnic background, appearance, religion, occupation, preference/lifestyle information, geographic location, political affiliation and other various information. Much of this information is optional, and meant to be seen by other subscribers and visitors. Public information supplied by the user is intended to be viewed by visitors to the site.

Operational Communications

We may use your email address and other personal information to help us efficiently operate the Site, to contact you in connection with your activity on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with AppVital.com), and to forward messages and topic posts to you from other AppVital.com users. These communications are known as "Operational Communications." These Operational Communications may also contain commercial messages, banner ads, newsletters, information, special offers and other promotional materials for AppVital.com or third parties' goods or services. The Site provides you with options to decline to receive communications from AppVital.com (other than those contained in Operational Communications). Some of these options may only be for a certain category of communications; others may be more general. By posting a profile on the Site, you are opting in to receive communications and offers sent by AppVital.com.

No Spam

We at AppVital.com do not and will not send spam emails to email addresses entered into our website from one of our services. We will only use customer email addresses to contact and fulfill the services requested. We hold to a very strict no spam policy, since we are very much against spam ourselves. We do not sell, rent, share, trade, or give away any of your personally identifiable information except when we have your permission, in cases where you are expressly informed otherwise.

Private Information

To accept new subscribers, we may require information that includes, but is not limited to: email address, first name, last name, birth date, a user-specified username and password, country, state, and city. We primarily use email addresses submitted by subscribers to verify enrollment. Email addresses may also be used in private correspondence with the user for customer service issues. All other private information submitted by the user is confidential and will not be disclosed except as required by law or to protect subscribers of AppVital.com. Most private information can be updated by the user at any time. Except where you are expressly informed otherwise, we do not sell, rent, share, trade or give away any of your personal information unless required by law or for the protection of your subscription.

Legal

We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to prevent, investigate, or take action regarding illegal activity, suspected fraud, situations involving potential physical threats to any person, violations of our "Terms of Use", or as otherwise required by law.

Acquire or Transfer

We reserve the right to transfer information about you to a successor-in-interest that acquires the right to such information by acquiring the Service, acquiring AppVital.com technology and subscriber base or any or all of AppVital's assets pertaining to the AppVital.com website, or merging with AppVital. In any of these events, AppVital will notify you before information about you is transferred and becomes subject to a different privacy policy.

Public Forums

AppVital.com makes comments/message boards available to its users and all topics are public for subscribers and visitors to view. Please resubscriber that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personally identifying information.

Links

This site contains links to other websites. Please be aware that AppVital is not responsible for the privacy practices of other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by AppVital.com.

Communications to Non-Subscribers

When you choose to use the AppVital.com "Invite friends" feature, you are prompted to input friend's email addresses. We will automatically send an email to the addresses provided, with a message inviting the recipient to join the AppVital.com services. Abuse of this feature will result in automatic termination of your account.

Security

All Subscriber accounts are password-protected. We go to great lengths to protect the account information that you have provided us. Access to this information is limited to only the AppVital employees who need it in order to perform their job function, such as customer service representatives. However, please note that we do not guarantee account security. Hardware or software failure, unauthorized use, and other factors may lead to a security breach. If you have any questions about this, please contact us.

Your IP Address

Each time you visit the Site, we automatically collect your IP address and the webpage from which you came. This is common practice for e-commerce websites in order to administer, optimize and to diagnose problems with our Site. Your IP address is used to help identify you, collect broad demographic information and to verify and track your session. This gives AppVital an idea of which parts of our site anonymous users are visiting. We do not link IP addresses to anything personally identifiable.

Third-Party Advertising

Advertisements seen on AppVital.com are delivered to you by third-party advertising partners. These third parties may use cookies when showing you advertisements. These cookies may be used to determine on which website the third-party's advertisement was displayed, and whether or not the advertisement was clicked. This information helps our advertising partners deliver targeted advertisements that they believe will be most relevant to you. We do not have access to the cookies placed by third parties. Our Privacy Policy applies only to AppVital.com, and does not apply to the use of cookies by any third-party. We suggest that you review these third parties' privacy policies to learn about their cookies and other privacy practices.

Use of Cookies

A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects a cookie, they will not be able to use our site. We do not and will not use cookies to collect private information from any user.

Email Choice/Opt-Out

If you no longer wish to receive email notifications from AppVital.com, you may modify your account settings. In addition, every email that we send includes instructions directing the recipient how to opt-out of future emails sent from AppVital.com.

Correcting/Updating or Removing Information

AppVital.com provides users the following options for modifying information previously submitted.

  1. Modify their account they created online from their account page.
  2. Send email via the "Contact Form" on the site.
  3. You can send mail to our postal address.

Changes in Our Privacy Policy

If we make any material changes in our privacy practices that affect or do not affect the user information already stored in our database, we will post the change on this page. In some cases where we post the notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

Contacting AppVital

If you have any questions about this User Agreement, the practices of this site, or your dealings with the AppVital.com website, you can contact us at:

Email

info@appvital.com