Your Privacy Matters
Elevated Vision is here to help you! Central to this mission is our commitment to be transparent about the data we collect about you, how we use it and with whom we share it.
What information do we collect?
We collect information about you as reasonably necessary for the following activities:
Using our Services
We collect the following information when you use our Services:
- Your contact and profile information including your name, email address, organization name, and address; your preferences such as language, time zone, and the types of communication you would like to receive from us; and image (if you choose to provide this). We may also obtain this information if you choose to use a social login service, such as Facebook Login, to create or access your account.
- Billing and other payment information (if you sign up for a paid service or purchase a Third-Party Service), including payment method details, such as credit card number.
- The Services you have acquired from us, including the type of plan, number of team members, and transaction information related to the Services.
- Your social profile information for Social Networks you choose to connect to the Services. For example, your Facebook profile information may include your Facebook username and profile image.
- A specific location such as an address, a city, or a place (for example, a restaurant) if you choose to share this information.
- Your messages, posts, comments, images, advertising, and other material you curate on and upload to the Services; and information that is collected from the Social Networks that you choose to connect to and which is displayed on our Services.
- Content that you may send and receive through Social Networks may contain personal information that we do not directly collect or process. This may include information such as: names, photos, age, gender, geographic location, opinions, preferences, and phone numbers.
Logs, usage, and support data:
- Log data, which may include your IP address, the address of the web page you visited before using the Services, your browser type and settings, your device information (such as make, model, and OS), the date and time when you used the Services, information about your browser configuration, language preferences, unique identifiers, and cookies.
- Usage data and analytics, which may include the frequency of login, and the different types of activity undertaken by users.
- General Location information, such as IP address and the region in which you are located when you are logging in and using the Services.
- Customer support questions, issues, and general feedback that you choose to provide.
Terms and Conditions
These terms and conditions (herein after) shall be applicable to all Order Forms entered into by and between Elevated Vision (“Provider” and the Customer set forth on the Order Form (“Customer”). Provider and Customer are each referred to as a (“Party”) and collectively as the (“Parties”). The Order Form shall be subject to the Terms which are incorporated therein by reference. The Order Form and these Terms together shall be collectively referred to as the Agreement. In consideration of the mutual covenants set forth herein, the sufficiency of which is hereby acknowledged by each Party, Provider and Customer hereby agree as follows:
Services: Subject to all terms and conditions set forth herein, Provider shall provide the marketing services, campaigns, advertising and programs (collectively, the “Services”) set forth in the Order Form expressly made subject to the Terms and executed by both Parties hereto. In the event of any conflict between these Terms and the terms of the Order Form, the terms of the Order Form shall control.
Authorization: Customer hereby authorizes Provider to act on behalf of Customer in connection with provision of the Services to Customer under the Agreement. Such authority includes, but is not limited to, ordering the Services from third parties. For the avoidance of doubt, Customer grants Provider all rights necessary for Provider to facilitate the provision of the Services to Customer hereunder. Customer shall direct communications regarding the Services only to Provider, unless instructed otherwise by Customer. Customer agrees to comply with all reasonable requests of Provider necessary for the performance of the Services.
Third Party Service: Customer acknowledges that Provider cannot accept any responsibility or liability for the performance, policies or actions of third-party digital marketing networks including, but not limited to, search engines, display networks, social networks or directories. Customer acknowledges that third party digital marketing networks may drop listings, suspend accounts, impose additional requirements or terms and conditions, or undertake other actions, which may impact the Services, at their discretion. Customer agrees that Provider shall not be responsible or liable for any of the foregoing.
Access: Provider may require access to, and Customer agrees to provide such access or otherwise make available, any systems, hardware, services, hosting, FTP software or similarly functioning software or content management systems, or other resources deemed necessary by Provider to fulfill its obligations under this Agreement.
Term of Agreement: The Agreement shall remain in effect during the term set forth in the Order Form (“Terms”). Unless terminated as provided for in Section “Usage and ownership”, the Agreement will automatically renew for an additional term of equal length to the Term.
Termination: Either party may terminate this Agreement by providing the other party with written notice at least fifteen (15) days prior to the end of the Term. The Agreement may be terminated by a Party if the other Party materially breaches the Agreement and does not cure such breach within thirty (30) days following written notice thereof from the non-breaching Party. In the event of a breach of the Agreement by Customer, Services may be suspended by Provider until the breach of the Agreement is cured. The Agreement or a particular Service may be terminated by Provider upon: (i) termination or expiration of the relationship between Provider and the vendor/partner that enables the Services; or (ii) thirty (30) days advance written notice. Upon termination of this Agreement, Provider may remove any tracking codes and the like installed by Provider in connection with the Services. The provisions of the Agreement, which expressly or by implication are intended to survive termination or expiration, will survive and continue to bind the Parties.
Usage and Ownership.
- The rights and licenses granted hereunder to Customer are non-transferrable. Customer will not, and will not permit any third party to, use or disclose the Services, unless expressly permitted under this Agreement. Without limitation of the foregoing, Customer will not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Services. Provider, its partners and/or vendors exclusively retain all right, title and interest in and to the Services, in all forms, and all copies, modifications, edits, improvements, additions, and derivative works prepared from or relating to the same, including all worldwide rights to patents, copyrights, trademarks, trade secrets or other intellectual property rights in or relating to the same. The Services shall not constitute (“work for hire”). Customer is not acquiring any right, title or interest of any nature whatsoever in any Services except the right to use the Services as contemplated in this Agreement. Provider will have the exclusive rights in making any derivative works from the Services or its related work.
- Customer owns, or is authorized to use, any keywords, combination of keywords, Customer advertising materials, artwork, links, domain names (URLs), websites, data and content provided by Customer to Provider, including Customer’s trademarks, service marks, names and logos and the content of any creative material created by Provider that Customer approves (collectively, “Content”). Customer hereby grants to Provider and its Affiliates a perpetual, non-exclusive, royalty-free, irrevocable right and license (i) to use, copy, perform, display, distribute and modify the Content in any manner or medium, now known or hereafter developed, for Provider to perform the Services, and (ii) to prepare statistical analyses which Provider and its Affiliates may use to improve their services and may combine with other similar data from other customers and disseminate and otherwise use in aggregate form.
Use of Material for Services and Promotional Purposes: Customer grants Provider the right to (i) use any Content provided by Customer in connection with the Services and/or (ii) cross-link (i.e. by placing a tag on Customer’s website) any such Content with other advertising developed by Provider. Customer grants Provider the right to list, reference or otherwise identify Customer as a client of Provider in Provider’s advertising and marketing. In connection with the provision of certain Services, Customer agrees and acknowledges that Provider identification may be annotated, and remain within the code or on Customer’s web site, identifying Provider as the author and/or service provider. Customer also agrees to put Provider’s copyright notices on any reports generated in connection with the Services and the relevant content therein.
Confidentiality: (“Confidential Information”) means any confidential and/or proprietary information provided by Provider to Customer under this Agreement, including without limitation, any information relating to Provider’s products, Services, costs, prices, vendors, partners, finances, marketing plans, business opportunities, personnel, research, development or know-how; that is (i) clearly designated by Provider as confidential in writing on the materials at the time of disclosure, (ii) if disclosed orally, designated as confidential at the time of disclosure and reduced to writing and designated as confidential in writing within thirty (30) days after oral disclosure, or (iii) given the nature of the information and the circumstances of disclosure, a reasonable person would deem to be confidential. Confidential Information includes, but is not limited to, the Services and all associated intellectual property and know-how. Customer will not use any portion of the Confidential Information provided by Provider hereunder for any purpose other than the purposes contemplated by the Agreement. Customer shall protect all Confidential Information received from Provider with the same degree of care with which it protects its own Confidential Information, which in no event shall be less than reasonable care. Customer shall promptly notify Provider of any actual or suspected misuse or unauthorized disclosure of the Provider’s Confidential Information. Customer shall not disclose Provider’s Confidential Information to any person except as authorized in writing by Provider. Upon termination of this Agreement and/or upon request by Provider, Customer shall promptly return to Provider all of Provider’s Confidential Information in its possession (including all copies and extracts thereof). In connection with a breach of the confidentiality provisions herein, Provider shall be entitled to seek injunctive relief, in any court having proper jurisdiction, in addition to any other remedy that the Provider may have.
In the event of force majeure, obligations of the party in force majeure will be fully or partially suspended, without the parties being obliged to pay any compensation in this respect.
If the force majeure situation lasts longer than ninety days or it is established that further fulfillment is permanently impossible, each of the parties can dissolve the agreement by registered letter, without the parties becoming liable to each other for compensation. The performances that had already been performed at the time of the occurrence of the force majeure situation will be charged proportionally.