Privacy Policy & Terms of use
Privacy Policy
Viral CX Oy PL 12 40321 Jyvaskyla, Finland
Effective Date: 17.5.2024
Viral CX (“we,” “us,” “our”) respects the privacy concerns of the users (“you,” “your”) of its website. This Privacy Policy explains what information is gathered during a visit to the Site and how such information may be used.
1. General
This document explains how we, as the data controller, process the personal data of registered users. Our processing complies with the European Union’s General Data Protection Regulation (GDPR). Our users may include both individuals and businesses. Depending on the context, the provisions in this document may apply to individuals, businesses, or both.
This document, along with our terms of use, forms a contract regarding the processing of personal data in situations where we are considered to process personal data on your or your business’s behalf (known as a Data Processing Agreement or “DPA”). Legally, in these instances, we are the data processor and you or your represented business are the data controller. The foundations of our data protection and practical examples of our operations are detailed here. Please review these carefully.
2. Purposes and Basis for Processing Personal Data
We process personal data to identify users of the viralcx.com web service. We may also use personal data for service-related notifications, direct marketing, billing, and statistical analysis.
Our communication may be personally targeted. For example, users who have identified themselves as entrepreneurs might receive content we deem of potential interest to them. Our aim is to filter out messages unlikely to interest you. The processing of your personal data is based on the customer agreement you enter into with the Service Provider upon registering for our service. Providing the mandatory information during the registration process is a prerequisite for opening your user account.
3. Personal Data Processed
We process one or more of the following personal details of our users:
- First and last name
- Email address
- Name of your company
- Payment information
- Technical information collected via cookies (e.g., IP address, browser type)
User Authentication
Users can sign in using their Google account. By using this method, you allow us to access certain information from your Google account as detailed during the sign-in process. Please review Google’s Privacy Policy for more details on how they process your data.
You can independently invite individuals to use our service. You are responsible for ensuring that you have the right to process the personal data you enter into our service when creating content and sending invitations. You are also responsible for other obligations related to these data under data protection law, excluding security methods to which we ourselves are committed, as detailed in Chapter 7. Please ensure, for example, that you do not share your account access with those who are not authorized to view the aforementioned data. For personal data you input into your account’s document and signature database, you are considered the data controller, with the Service Provider as the data processor.
4. Regular Sources of Information
We primarily collect the necessary personal data directly from you or through cookies when you register for our web service and update your user account information. In some cases, a third party, such as a colleague inviting you to use a shared company account, may input your data into our system. In these instances, you have the opportunity to correct and delete your data from our service within the framework set out in the section “Rights of the Data Subject.” We encourage you to contact the party who input your data first in these situations.
5. Our Data Processors
Access to your personal data is restricted to individuals who need to access it due to their work or role. All our employees are bound by appropriate confidentiality agreements. Our partners who process personal data on our behalf, along with their employees and subcontractors, are similarly obligated under confidentiality agreements.
Our key partners processing personal data on behalf of the Service Provider, including their group companies, are:
- Server: Amazon Web Services Inc.
- Customer Management: Chargebee Inc.
- Payment Processing: Stripe Inc.
- Financial Management Software: Visma Netvisor
- Web Traffic Monitoring and Analysis: Google Ireland Ltd & Meta Platforms Ireland Ltd.
- OpenAI OpCo, LLC
Personal data may also be processed, on a limited basis, by providers of our current email generation services, customer service providers, software developers, accountants, and consultants. The selection of these partners involves a thorough data protection assessment. We will inform you of any significant changes to our partners before implementing these changes.
Your personal data may be transferred outside the European Union or the European Economic Area for technical reasons. Such transfers are conditional on the European Commission having deemed the data protection level of the destination country adequate or the receiving party outside the EU committing to appropriate protective measures as required by data protection legislation (GDPR). We provide up-to-date information about all our data processing partners personally upon request and clarify the protective measures mentioned in the previous paragraph in cases where data may be transferred outside the EU.
6. Duration of Personal Data Retention
We generally retain your personal data as long as you have an active user account in our service. You can delete your account through the service settings. In certain cases, we may delete user accounts that have been inactive for an extended period. In such cases, we will provide advance notification of any potential deletion actions.
7. Protection of Personal Data
Access to Databases
Access to our users’ personal data is limited to individuals who require this access due to their work or role. The processing of personal data is confidential, ensured through supervision and comprehensive confidentiality agreements. Each handler has a unique username and password for databases containing your personal data, enabling continuous identification of handlers. Access to the Service Provider’s workspaces is restricted to employees and other authorized persons.
User Login Details and Access Rights
Each user has a personal username and password. Login details are not stored on the server in plain text. We currently support sign-in via Google accounts for added convenience. If a user logs in from an unusual device or browser, we plan to implement two-factor authentication as an additional verification method in the future.
Notification of Data Breaches
Even the most careful procedures do not guarantee the invulnerability of any information system. If we become aware of a data breach affecting the personal data we hold and the breach likely poses a high risk to your rights or freedoms, we will inform you without undue delay. All probable risk situations are thoroughly investigated and reported to the supervisory authority.
8. Rights of the Data Subject
As a registered user, you have several rights concerning your personal data. Please email us at hello@viralcx.com if you wish to exercise any of the following actions or have questions about your rights. We will also forward action requests to our partners processing personal data.
Note that as we are not responsible for content produced on their accounts by users – you or others – we cannot extend the following actions to personal data that may be contained in such content.
Right of Access and Information
Upon request, we will inform you of all the personal data about you that we have in our customer register. We will provide this information in a structured, commonly used, and machine-readable format. You can also check your last reported contact and payment details yourself through your user account settings.
Right to Rectification
We will correct any inaccurate or incorrect personal data collected in our customer register upon your request. You can also update your contact and payment details yourself through your user account settings.
Right to Erasure
Upon request, we will delete all personal data about you from our customer register, unless we have a legal specific reason to retain the data (e.g., unpaid invoices). Exercising your right to erasure will also result in the closure of your user account.
Right to Restriction of Processing
You can restrict the processing of your personal data if there is a legal basis for it (e.g., data inaccuracy).
Right to Object
You have the right to object to the processing of your personal data for direct marketing purposes. If we contact you, it will likely be via email. Each of our direct marketing emails includes a button that allows you to easily remove yourself from our marketing list.
Right to Lodge a Complaint
You have the right to bring your case to a supervisory authority if you believe that the processing of your personal data violates relevant legislation. The national supervisory authority for personal data matters is the Data Protection Ombudsman, operating under the Ministry of Justice.
9. Additional Information
We are happy to provide more information about our data processing and your related rights. Please direct your questions to hello@viralcx.com.
Terms of Service
Effective Date: 17.5.2024 (Updated on 5.11.2024)
Welcome to Viral CX! These Terms of Use (“Terms”) govern your use of our website located at viralcx.com (the “Site”) and our web services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.
1. Acceptance of Terms
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms. Please review these Terms periodically for updates.
3. Use of Services
Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you meet this requirement.
Account Registration
To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you become aware of any unauthorized use of your account or any security breach, you must notify us immediately at hello@viralcx.com. We cannot resend forgotten passwords, but we will provide instructions on how to reset them.
Prohibited Conduct
You agree not to use the Services for any unlawful or prohibited activities, including but not limited to:
- Violating any local, state, national, or international law or regulation.
- Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
- Uploading or transmitting viruses, malware, or any other harmful code.
- Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services.
3.1 Marketing Communications and Freemium Registration Consent
By registering for a freemium account or subscribing to our services, you consent to being added as a contact for Viral CX. This enables us to provide you with service-related information, updates, and occasional marketing emails about our products, features, and promotions. You can unsubscribe from marketing emails at any time via the unsubscribe link provided in each email.
3.2 Opting Out of Marketing Communications
If you prefer not to receive marketing emails, you may opt out at any time. Your decision to unsubscribe will not affect your use of our freemium services.
4. Intellectual Property
The content, features, and functionality of the Services, including but not limited to text, graphics, logos, and software, are owned by Viral CX or its licensors and are protected by intellectual property laws. You agree not to copy, modify, distribute, or create derivative works based on any part of the Services without our prior written consent.
5. User Content
Responsibility for User Content
You are responsible for all content you upload, post, or otherwise make available through our Services. You agree not to upload, post, email, store, transmit, or otherwise make available any content that:
- Is illegal, offensive, defamatory, or harmful.
- Infringes upon any third party’s intellectual property or privacy rights.
- Contains any viruses, malware, or other harmful code.
We reserve the right, but are not obligated, to remove any content that we determine violates these Terms or is otherwise objectionable.
License to Viral CX
By posting or uploading User Content, you grant Viral CX a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the User Content in connection with the Services and our business.
6. Indemnification
You agree to indemnify, defend, and hold harmless Viral CX and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your use of our Services, your violation of these Terms, or your violation of any rights of another.
7. Third-Party Links and Information
Our Services may contain links to third-party websites, services, or information that are not owned or controlled by Viral CX. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. Your access and use of third-party websites or services are at your own risk, and you agree that Viral CX will have no liability arising from your use of or access to any third-party website, service, or content.
8. Service Availability and Changes
Our Services may not be available during scheduled maintenance or for other reasons. We reserve the right to modify or discontinue any aspect of the Services at any time. We will provide advance notice of any major changes whenever possible.
9. Termination of Services
We reserve the right to suspend or terminate your access to the Services at any time, without notice, for any reason, including if we believe you have violated these Terms. Upon termination, we may deactivate or delete your account and any related data, and bar any further access to such data or the Services.
10. Non-Disclosure
You agree to hold in confidence any confidential information received from Viral CX, and not disclose it to any third party, except as necessary to use the Services. This obligation shall survive the termination of these Terms.
11. Payment Terms
If applicable, you agree to pay all fees associated with your use of the Services. All payments are non-refundable, except at our sole discretion or as required by law. If you dispute any charges, you must notify us in writing within 10 days of the charge. We reserve the right to suspend the Services for non-payment of undisputed fees.
12. Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.
13. User Content and Generated Content Ownership User Content
Our Services may allow you to store or share content such as text, files, documents, graphics, images, music, software, audio, and video. Any content (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content.” Viral CX does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Permissions to User Content
By making any User Content available through the Services, you hereby grant to Viral CX a non-exclusive, transferable, worldwide, royalty-free, fully paid-up license, with the right to sublicense to necessary third-party service providers, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content solely in connection with operating and providing the Services.
Marketing Use
Viral CX may request permission to use your certain User created Content for marketing and promotional purposes. Such use will only occur with your prior written consent.
Your Responsibility for User Content
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Viral CX on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content
You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content, such as posts or comments you make, may not be completely removed, and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
14. Limitation of Liability
To the fullest extent permitted by law, Viral CX and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (e) any errors or omissions in any content; and/or (f) any defamatory, offensive, or illegal conduct of any third party.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Finland.
16. Contact Us
If you have any questions about these Terms, please contact us at hello@viralcx.com.
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