Last Updated on April 25, 2021
1.1 Visme (“Company,” or “we,” or “us,” or “our”) is committed to safeguarding the privacy of our website and service users (“users,” or “you”). VISME provides presentation and design tools (“Service” or “Company Service”) via the Company website(s) offered from time to time at the URL www.visme.co (collectively, the “Site,” or “Sites”). The Company Service is owned and operated by Easy WebContent, Inc. (“Company”, “we” or “us”).
1.2 This policy applies where we are acting as a data controller with respect to your personal data, in other words, where we determine the purposes and means of the processing of that personal data.
(a) Some of our policies are different when our Site is used for K-12 school purposes and these policies are displayed at the end of each Section where such policies may differ from our standard policy.
This document tells you how we use your data and what your rights are with respect to that data.
We can update this Policy anytime we want.
2. How we use your personal data.
2.1 In this Section 2 we have set out:
- (a) the general categories of personal data that we may process;
- (b) the purposes for which we may process personal data; and
- (c) the legal bases of the processing.
2.2 Types and Uses of Collected Information. Company collects two types of information about you, “Personally Identifiable Information” and “Non-Personally Identifiable Information.”
Personally Identifiable Information, General Users
2.3 ersonally identifiable information is information that identifies a specific person. When you engage in certain activities via the Company Service, including but not limited to creating an account, sending feedback, or otherwise participating in the Company Service (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. If you elect to engage in an Identification Activity, we may ask you to provide us with certain personal information about yourself, such as your name, address, email address, telephone number and/or any other information you provide to us, to create your account of profile, send communications about them to you, and populate forms for future transactions.
Each of the following sections tells you what kind of data we collect, why we collect it and the legal reason we have the right to do so..
2.4 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and services. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.
2.5 We may process your account data (“account data”). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.
2.6 We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, and company name. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.
2.7 We may process information that you post for publication on our website or through our services (“publication data”). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.
2.8 We may process information contained in any inquiry you submit to us regarding goods and/or services (“inquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.
2.9 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data”). The transaction data may include first and last names, an email address to be used as a login, billing contact information, credit card number and a password. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests.
2.10 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.
2.11 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is your consent or our legitimate interests, namely monitoring and improving our website and services.
2.12 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.13 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or] in order to protect your vital interests or the vital interests of another natural person.
2.14 Please do not supply any other person’s personal data to us unless we prompt you to do so and you have that person’s authorization to provide such.
Personally Identifiable Information, K-12
2.3 for K-12 Personally Identifiable Information, also referred to herein as “Covered Information,” is information gathered by us that is descriptive of a student or otherwise identifies a student, including, but not limited to, information in the student’s educational record or email, first and last name, home address, date of birth, telephone number, unique pupil identifier, social security number, financial or insurance account numbers, email address, other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, other student identifiers, search activity, photos, voice recordings, or geolocation information. Covered Information shall include any personally identifiable information or materials:
- (a) in any media or format, including but not limited to our online Service;
- (i) “Online Service” includes cloud computing services.
- (b) is created or provided by a student, or the student’s parent or legal guardian, to us in the course of the student’s, parent’s, or legal guardian’s use of the Site or Service or K12 school purposes;
- (i) “K-12 school purposes” means purposes that customarily take place at the direction of the K12 school, teacher, or school district or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school.
- (c) is created or provided by an employee or agent of the K12 school, school district, local education agency, or county office of education, to us.
- (d) we may use Covered Information to product Services to you solely for K-12 school purposes.
- (e) we will not use any Covered Information to deliver targeted advertising.
- (f) we will not use any Covered Information to amass a profile about a K-12 student.
Original Sections 2.3 (a)(b)(c)(d)(e)(f)(g)(h)(i)(j) and (k) are deleted.
3. Providing your personal data to others
3.1 We may disclose your personal data to any member of our group of companies, this means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
Here’s where we tell you whether we are going to share your data with others.
3.1 for K-12. We will not sell, lease, rent, trade or otherwise make available a student’s information, including covered information, except that in the event of a purchase, merger or other type of acquisition of us by another party, that party may use Covered Information in the same manner we do. Sections 3.2 – 3.7 do not apply to K-12.
3.2 Financial transactions relating to our website and services may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
3.4 Third Parties: We employ third parties to perform functions on our behalf such as companies hosting or operating the Site, processing and/or fulfilling orders for products purchased through the Service, sending e-mail and/or other communications, and maintaining customer and user information and databases. These third parties may have access to your personal information in connection with performing these functions.
3.5 In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by us, our parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Service users may be among the transferred assets.
3.6 We do disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We’ll notify you when we’re asked to hand over your personal information in this way unless we’re legally prohibited from doing so. When we receive requests like this, we’ll only release your personal information if we have a good faith belief that the law requires us to do so.
3.7 The third parties will receive only the information required to provide said specific services; the information will be kept and protected by the same principles and level of protection followed by Visme, and it cannot be used for any other purposes.
Personally Identifiable Information, K-12
2.3 for K-12 Personally Identifiable Information, also referred to herein as “Covered Information,” is information gathered by us that is descriptive of a student or otherwise identifies a student, including, but not limited to, student’s email, first and last name, IP address, telephone number, other information that allows online contact. Covered Information shall include any personally identifiable information or materials:
(a) in any media or format, including but not limited to our online Service;
(i) “Online Service” includes cloud computing services.
(b) is created or provided by a student, or the student’s parent or legal guardian, to us in the course of the student’s, parent’s, or legal guardian’s use of the Site or Service or K12 school purposes;
(i) “K-12 school purposes” means purposes that customarily take place at the direction of the K12 school, teacher, or school district or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school.
(c) is created or provided by an employee or agent of the K12 school, school district, local education agency, or county office of education, to us.
(d) we may use Covered Information to product Services to you solely for K-12 school purposes.
(e) we will not use any Covered Information to deliver targeted advertising.
(f) we will not use any Covered Information to amass a profile about a K-12 student.
Original Sections 2.3 (a)(b)(c)(d)(e)(f)(g)(h)(i)(j) and (k) are deleted.
4. Non-Personally Identifiable Information
5. Release of Non-Personally Identifiable Information.
5.1. We may disclose or share Non-Personally Identifiable Information with Third Party Providers and the public. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) or use Third Party Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our users to administer the Service. We may also publish this aggregated information for promotional purposes. Such data is collected on our behalf and is owned and used by us.
6. About cookies
6.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
6.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session.
6.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
7. Cookies that we use
8. Cookies used by our service providers
9. Managing cookies
9.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
- (a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- (b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
- (c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- (d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
- (e) https://support.apple.com/kb/PH21411 (Safari); and
- (f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
If you want to shut off cookies and prevent Sites from tracking you, here’s how.
9.2 Blocking all cookies will have a negative impact upon the usability of many websites.
9.3 If you block cookies, you will not be able to use all the features on our website.
10.1 We continuously improve our websites and our products, and we utilize different third-party web analytics tools to help us do so. We are interested in how visitors use our websites, our desktop tools, our mobile applications, what they like and dislike, and where they have problems. Our products, desktop tools and mobile applications, as available from time to time, use analytical tools to understand feature usage patterns, to enhance and improve your product experience and offer you specific usage tips and guidance. In connection with normal business operations, as well as to increase functionality and enhance your user experience, this usage information may be linked to personal information that we have about individual users. We maintain ownership of this data and we do not share this type of data about individual users with third parties.
10.2 for K-12. This usage information will not be linked to Covered Information that we have about individual users.
12. SECURITY OF INFORMATION.
12.1 You may be able to access your Personally Identifiable Information via the Company Service with your password and username. This password is encrypted. We advise against sharing your password with anyone. If you access your account via a third-party site or service, you may have additional or different sign-in protections via that third-party site or service. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-in mechanism appropriately and limiting access to your computer, browser, or mobile device by signing off after you have finished accessing your account. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. If we believe that the security of your information may have been compromised, we may seek to notify you of that development.
12.3 Please be aware that no data transmission over the Internet or via e-mail is completely secure and therefore we cannot guarantee protection of all personal information in all cases. For example, we cannot guarantee protection against interception, misappropriation, misuse, or alteration, or that your information will not be disclosed or accessed by the unauthorized acts of others. Consequently, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Materials posted to online forums such as bulletin boards or chat rooms are public, not secure, and may be viewed by anyone. Any personal information you post may be collected and used by anyone and may result in unsolicited messages from other parties.
13. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS.
13.1 California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“COPPA”) and the California Business and Professions Code. As required by COPPA, we will provide you with the categories of Personally Identifiable Information that we collect through the Service and the categories of third-party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. COPPA further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or physical mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with our marketing partners. The request should be sent to the attention of our legal department and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice.
13.2 Other California Privacy Rights. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via phone, email, or write to us as provided below in our Contact Us Section.
14. NEVADA PRIVACY RIGHTS. Nevada law (SB 220) permits customers in Nevada to opt-out of the sale of certain kinds of personal information. As previously mentioned above, we do not sell your personal information to third parties. If you are a Nevada resident and have questions, please contact us via phone, email, or write to us as provided below in our Contact Us Section.
15. ADDITIONAL TERMS THAT APPLY TO SOME RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”).
In addition to the rights already recorded above, if you are based in the EEA, you may have the following additional rights in relation to the personal information we hold about you, in accordance with The General Data Protection Regulation 2016/67. For the purposes of the GDPR and UK GDPR, Easy WebContent, Inc. is the data controller with a registered address at 9211 Corporate Blvd. Suite 308 Rockville MD, 20850.
For Users in the EEA, where we transfer your information to a third party provider that is not located in the EEA, and is not subject to an adequacy decision by the EU Commission, we will require those third-party providers to enter into an agreement that provides appropriate safeguards for your information, including by using the EU Model Clauses.
16. Your rights
16.1 In this Section, we have summarized the rights that you may have under data protection laws depending on your location and country of residence. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Here’s one of the most important parts about the new regulations and laws. You have the right to know all about what we collect, how we collect it, the right to move the data elsewhere and the right to have us delete your data and more. This is where you get to decide how your data is treated; you’re in control.
16.2 Your principal rights under data protection laws may include:
- (a) the right to access;
- (b) the right to rectification;
- (c) the right to erasure;
- (d) the right to restrict processing;
- (e) the right to object to processing;
- (f) the right to data portability;
- (g) the right to complain to a supervisory authority; and
- (h) the right to withdraw consent.
16.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting your profile when logged in.
Do we record and keep any of your data?
16.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
If we do, and it’s wrong, you can demand we correct it.
16.5 In some circumstances you have the right to the erasure of your personal data without undue delay, and at the latest within one month of receiving your valid request. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully process. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
- (a) We provide users with options to access and fully delete all of the data associated with their accounts, subject to any exclusions that may apply. Use the guide [below, or go to https://support.visme.co/?s=delete to use the self-serve deletion feature under your Account > Account Settings > Delete Your Account].
- (b) How to Request Deletion of Your Account. We recommend using this method only if you cannot delete your account yourself by logging in and using the instructions in section 9.5 a [above]. We can only delete data for people who can reasonably prove they are owners of the data in question. We will need to verify your ownership of the data. To submit this request, contact our support team by sending an email to [email protected] and make sure to provide your Full Name, your Username associated with your account and your account#.
You might have the right to erasure of your data; not always though so read the language carefully.
16.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful, but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
16.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
16.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You can always opt out of receiving marketing messages from us.
16.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
16.10 To the extent that the legal basis for our processing of your personal data is:
- (a) consent; or
- (b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
16.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
16.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
If you think we’ve done something wrong with your data and we haven’t resolved the issue, you can file a complaint with the government.
The Company Service are not directed to people under the age of thirteen (13). If you become aware that your child has provided us with personal information without your consent, please contact us at the email address listed below. If we become aware that a child under thirteen (13) has provided us with personal information, we take steps to remove such information and terminate the child’s account.
17.1 for K-12. This clause does not apply when we are providing services to K-12.
18. Retaining and deleting personal data
18.1 This Section 11 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
We will usually keep your data on record, until you tell us to delete it.
18.2 Personal data that we process for any purpose or purposes shall be kept until such time as we receive a request for deletion from you.
18.3 Notwithstanding the other provisions of this Section 11, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject.
19 FOR K-12. In addition to those rights as outlined above, we will delete a student’s Covered Information if the school or district requests deletion of data under the control of the school or district.
9211 Corporate Blvd.
Rockville, MD 20850