VertiGIS Studio Legal Information

Most VertiGIS Studio products are licensed under the Master License Agreement included with the product. If you are in the process of installing VertiGIS Studio software, you should first read the VertiGIS North America Master License Agreement below.

VertiGIS North America Master License Agreement (L204, L300)

Data Protection Addendum

Implementation Services Agreement

Please check the Master License Agreement Terms and Conditions periodically for updates.

If you have any questions about our Licensing and Terms of Use policies, please send us a message.

VertiGIS North America Maintenance and Support Policy sets out the provision of maintenance and general technical support. Maintenance, which encompasses research & development service for product releases, enhancements or upgrades, is not mandatory and is at the licensee’s option.

Maintenance & Support Policy (L400)

Please check the Maintenance and Support Policy periodically for updates.

If you have any questions about our Maintenance and Support Policy, please contact us.

Property Rights Acknowledgement
Copyright © 2022, VertiGIS North America Ltd.
All rights reserved.

Copyright
The information contained in this work is the exclusive property of VertiGIS North America Ltd., and any respective copyright owners. This work is protected under international copyright law and other international copyright treaties and conventions.

Unless otherwise specified or expressly permitted in writing by VertiGIS NA, no part of this work may be copied, redistributed, reproduced or republished in any form.

Trademarks
Certain names, graphics, logos, icons, designs, words, titles or phrases at this web site may constitute trade names, trademarks or service marks of VertiGIS North America Ltd. or other entities.

Other companies and products mentioned herein may be trademarks, service marks, or registered marks of their respective mark owners.

Esri, the Esri globe logo, ArcGIS, @esri.com, and esri.com are trademarks, service marks, or registered marks of Esri in the United States, the European Community, or certain other jurisdictions. Trademarks are provided under license from Esri.

Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.

If you have any questions about our Copyright and Trademark policies, please send us a message to legal-ca@vertigis.com

Privacy Content Information
Please contact us about privacy information or privacy issues by sending and email outlining your concerns to: legal-ca@vertigis.com

Through this privacy statement, VertiGIS North America Ltd. (hereinafter: “VertiGIS NA” or “we/our“) wishes to inform the person of whom it collects, uses and stores (in other words: processes) personal data through its website www.VertiGISStudio.com (the “Website“). These persons may include business contacts, vendors, directors, agents, prospects/customers and their representatives, employees and/or shareholders, as applicable. VertiGIS NA shall qualify as a data controller for such processing activities. In this statement, we use the word “you” to refer to anyone within the scope of this statement.

This privacy policy applies to all processing activities involving personal data.

Other websites, products and services offered by VertiGIS NA or its partners are subject to a separate privacy statement. This statement does not apply to such websites/products/services.

1. An overview of data protection

General information
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please see this Privacy Policy.

Data recording on this website

How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form. Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please see this Privacy Policy.

2. Hosting

External Hosting
This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The host is used for the purpose of fulfilling the contract with our potential and existing customers and in the interest of secure, fast, and efficient provision of our online services by a professional provider.

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with applicable legal requirements.

Cloudflare
We use the “Cloudflare” service provided by Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA. (hereinafter referred to as “Cloudflare”).

Cloudflare offers a content delivery network with DNS that is available worldwide. As a result, the information transfer that occurs between your browser and our website is technically routed via Cloudflare’s network. This enables Cloudflare to analyze data transactions between your browser and our website and to work as a filter between our servers and potentially malicious data traffic from the Internet. In this context, Cloudflare may also use cookies or other technologies deployed to recognize Internet users, which shall, however, only be used for the herein described purpose.

The use of Cloudflare is based on our legitimate interest in a provision of our website offerings that is as error free and secure as possible.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.cloudflare.com/privacypolicy/.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.cloudflare.com/privacypolicy/.

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions.

3. General information and mandatory information

Data protection
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Privacy Policy.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Privacy Policy explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party
The data processing controller on this website is:

DEUDAT GmbH
Zehntenhofstraße 5b
65201 Wiesbaden
Germany
Phone: +49 611 950008-40
E-mail: privacy@vertigis.com

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration
Unless a more specific storage period has been specified in this Privacy Policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

Designation of a data protection officer
For all contacts with the Data Protection Officer, please use the following E-mail: privacy@vertigis.com

Information on data transfer to the USA and other non-EU countries
Among other things, we use tools of companies domiciled in the United States or other, from a data protection perspective, non-secure countries. If these tools are active, your personal data may potentially be transferred to these such countries and may be processed there. We must point out that in these countries, a data protection level that is comparable to that of the EU/Canada cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies may process, analyze, and permanently archive your personal data for surveillance purposes. We have no control over these processing activities.

Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising
In the event that data are processed on the basis of a legitimate interest, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Privacy Policy. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements.

If your personal data is being processed in order to engage in direct advertising, you have the right to object to the processing of your affected personal data for the purposes of such advertising at any time. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes.

Right to log a complaint with the competent supervisory agency
In the event of violations, data subjects are entitled to log a complaint with a supervisory body, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption
For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Information about, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
• If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interests.

4. Recording of data on this website

Cookies
Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

In some cases, it is possible that third-party cookies are stored on your device once you enter our site (third-party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g., cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g., the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages. Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g., for the shopping cart function) or those that are necessary for the optimization of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of a legitimate interest, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained; such consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third-party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Privacy Policy and, if applicable, ask for your consent.

Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

• The type and version of browser used
• The used operating system
• Referrer URL
• The hostname of the accessing computer
• The time of the server inquiry
• The IP address

This data is not merged with other data sources.

This data is recorded on the basis of our legitimate interest. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Request by e-mail, telephone, fax or via contact form
If you contact us by e-mail, telephone, fax or via contact form, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us or on the basis of your consent if it has been obtained.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

Registration on this website
You have the option to register on this website to be able to use additional website functions. We shall use the data you enter only for the purpose of using the respective offer or service you have registered for. The required information we request at the time of registration must be entered in full. Otherwise, we shall reject the registration.

To notify you of any important changes to the scope of our portfolio or in the event of technical modifications, we shall use the e-mail address provided during the registration process. We shall process the data entered during the registration process on the basis of your consent.

The data recorded during the registration process shall be stored by us as long as you are registered on this website. Subsequently, such data shall be deleted. This shall be without prejudice to mandatory statutory retention obligations.

5. Analysis tools and advertising

Google Tag Manager
We use the Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland

The Google Tag Manager is a tool that allows us to integrate tracking or statistical tools and other technologies on our website. The Google Tag Manager itself does not create any user profiles, does not store cookies, and does not carry out any independent analyses. It only manages and runs the tools integrated via it. However, the Google Tag Manager does collect your IP address, which may also be transferred to Google’s parent company in the United States.

The Google Tag Manager is used on the basis of our legitimate interest. The website operator has a legitimate interest in the quick and uncomplicated integration and administration of various tools on his website. If the relevant consent has been requested, the processing is carried out exclusively on the basis of a consent; the consent can be revoked at any time.

Google Analytics
This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. Google may consolidate these data in a profile that is allocated to the respective user or the user’s device.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g., cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.
This analysis tool is used on the basis of a legitimate interest. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities. If a corresponding agreement has been requested (e.g., an agreement to the storage of cookies), the processing takes place exclusively on the basis of a consent; the agreement can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/controllerterms/mccs/.

IP anonymization
On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyze your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Browser plug-in
You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Policy at: https://support.google.com/analytics/answer/6004245?hl=en.

Contract data processing
We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.

Archiving period
Data on the user or incident level stored by Google linked to cookies, user IDs or advertising IDs (e.g., DoubleClick cookies, Android advertising ID) will be anonymized or deleted after 14 months. For details, please click the following link: https://support.google.com/analytics/answer/7667196?hl=en

6. Newsletter and client communication

Newsletter data
If you would like to subscribe to the newsletter offered on this website, we will need from you an e-mail address as well as information that allow us to verify that you are the owner of the e-mail address provided, and consent to the receipt of the newsletter. No further data shall be collected or shall be collected only on a voluntary basis. We shall use such data only for the sending of the requested information and shall not share such data with any third parties.

The processing of the information entered into the newsletter subscription form shall occur exclusively on the basis of your consent. You may revoke the consent you have given to the archiving of data, the e-mail address and the use of this information for the sending of the newsletter at any time, for instance by clicking on the “Unsubscribe” link in the newsletter. This shall be without prejudice to the lawfulness of any data processing transactions that have taken place to date.

The data you have stored with us for the purpose of subscribing to the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted after you unsubscribe from the newsletter. This does not affect data that we have stored for other purposes (e.g. e-mail addresses for the member area).

Act-on
This website uses Act-On to send newsletters and ensure an efficient communication with current and potential clients. The provider of this service is Act-On Software, Inc, 121 SW Morrison St, #1600, Portland, Oregon 97204. Details can be found in the Act-On Privacy Policy: https://act-on.com/privacy-policy/

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and and other legal statutes.

7. Plug-ins and Tools

Vimeo
This website uses plug-ins of the video portal Vimeo. The provider is Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

If you visit one of the pages on our website into which a Vimeo video has been integrated, a connection to Vimeo’s servers will be established. As a consequence, the Vimeo server will receive information as to which of our pages you have visited. Moreover, Vimeo will receive your IP address. This will also happen if you are not logged into Vimeo or do not have an account with Vimeo. The information recorded by Vimeo will be transmitted to Vimeo’s server in the United States.

If you are logged into your Vimeo account, you enable Vimeo to directly allocate your browsing patterns to your personal profile. You can prevent this by logging out of your Vimeo account.

Vimeo uses cookies or comparable recognition technologies (e.g. device fingerprinting) to recognize website visitors.

The use of Vimeo is based on our interest in presenting our online content in an appealing manner. This is a legitimate interest. If a corresponding agreement has been requested, this can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission and, according to Vimeo, on “legitimate business interests”. Details can be found here: https://vimeo.com/privacy.

For more information on how Vimeo handles user data, please consult the Vimeo Data Privacy Policy under: https://vimeo.com/privacy.

Google Web Fonts
To ensure that fonts used on this website are uniform, this website uses so-called Web Fonts provided by Google. When you access a page on our website, your browser will load the required web fonts into your browser cache to correctly display text and fonts.

To do this, the browser you use will have to establish a connection with Google’s servers. As a result, Google will learn that your IP address was used to access this website. The use of Google Web Fonts is based on a legitimate interest. The website operator has a legitimate interest in a uniform presentation of the font on the operator’s website. If a respective declaration of consent has been obtained (e.g., consent to the archiving of cookies), the data will be processed exclusively on the basis of a consent. Any such consent may be revoked at any time.

If your browser should not support Web Fonts, a standard font installed on your computer will be used. For more information on Google Web Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

Google reCAPTCHA
We use “Google reCAPTCHA” (hereinafter referred to as “reCAPTCHA”) on this website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

The purpose of reCAPTCHA is to determine whether data entered on this website (e.g., information entered into a contact form) is being provided by a human user or by an automated program. To determine this, reCAPTCHA analyzes the behavior of the website visitors based on a variety of parameters. This analysis is triggered automatically as soon as the website visitor enters the site. For this analysis, reCAPTCHA evaluates a variety of data (e.g., IP address, time the website visitor spent on the site or cursor movements initiated by the user). The data tracked during such analyses are forwarded to Google.

reCAPTCHA analyses run entirely in the background. Website visitors are not alerted that an analysis is underway.

The website operator has a legitimate interest in the protection of the operator’s websites against abusive automated spying and against SPAM. If a respective declaration of consent has been obtained you consent may be revoked at any time.

For more information about Google reCAPTCHA please refer to the Google Data Privacy Declaration and Terms Of Use under the following links: https://policies.google.com/privacy?hl=en and https://policies.google.com/terms?hl=en.

8. Social media

Data processing through social networks
We maintain publicly available profiles in social networks. The individual social networks we use can be found below.

Social networks such as Facebook, Twitter etc. can generally analyze your user behavior comprehensively if you visit their website or a website with integrated social media content (e.g. like buttons or banner ads). When you visit our social media pages, numerous data protection-relevant processing operations are triggered. In detail:

If you are logged in to your social media account and visit our social media page, the operator of the social media portal can assign this visit to your user account. Under certain circumstances, your personal data may also be recorded if you are not logged in or do not have an account with the respective social media portal. In this case, this data is collected, for example, via cookies stored on your device or by recording your IP address.

Using the data collected in this way, the operators of the social media portals can create user profiles in which their preferences and interests are stored. This way you can see interest-based advertising inside and outside of your social media presence. If you have an account with the social network, interest-based advertising can be displayed on any device you are logged in to or have logged in to.

Please also note that we cannot retrace all processing operations on the social media portals. Depending on the provider, additional processing operations may therefore be carried out by the operators of the social media portals. Details can be found in the terms of use and Privacy Policy of the respective social media portals.

Legal basis
Our social media appearances should ensure the widest possible presence on the Internet. This is a legitimate interest within the meaning of applicable data protection statutes. The analysis processes initiated by the social networks may be based on divergent legal bases to be specified by the operators of the social networks (e.g. a consent).

Responsibility and assertion of rights
If you visit one of our social media sites (e.g., Facebook), we, together with the operator of the social media platform, are responsible for the data processing operations triggered during this visit. You can in principle protect your rights (information, correction, deletion, limitation of processing, data portability and complaint) vis-à-vis us as well as vis-à-vis the operator of the respective social media portal (e.g. Facebook).

Please note that despite the shared responsibility with the social media portal operators, we do not have full influence on the data processing operations of the social media portals. Our options are determined by the company policy of the respective provider.

Storage time
The data collected directly from us via the social media presence will be deleted from our systems as soon as you ask us to delete it, you revoke your consent to the storage or the purpose for the data storage lapses. Stored cookies remain on your device until you delete them. Mandatory statutory provisions – in particular, retention periods – remain unaffected.

We have no control over the storage duration of your data that are stored by the social network operators for their own purposes. For details, please contact the social network operators directly (e.g. in their Privacy Policy, see below).

Individual social networks
Facebook
We have a profile on Facebook. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. According to Facebook’s statement the collected data will also be transferred to the USA and to other third-party countries.

We have signed an agreement with Facebook on shared responsibility for the processing of data (Controller Addendum). This agreement determines which data processing operations we or Facebook are responsible for when you visit our Facebook Fanpage. This agreement can be viewed at the following link: https://www.facebook.com/legal/terms/page_controller_addendum.

You can customize your advertising settings independently in your user account. Click on the following link and log in: https://www.facebook.com/settings?tab=ads

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum and https://de-de.facebook.com/help/566994660333381.

Details can be found in the Facebook Privacy Policy: https://www.facebook.com/about/privacy/.

Twitter
We use the short message service Twitter. The provider is Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland.

You can customize your Twitter privacy settings in your user account. Click on the following link and log in: https://twitter.com/personalization.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://gdpr.twitter.com/en/controller-to-controller-transfers.html.

For details, see the Twitter Privacy Policy: https://twitter.com/privacy.

LinkedIn
We have a LinkedIn profile. The provider is the LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn uses advertising cookies.

If you want to disable LinkedIn advertising cookies, please use the following link: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.linkedin.com/legal/l/dpa und https://www.linkedin.com/legal/l/eu-sccs.

For details on how they handle your personal information, please refer to LinkedIn’s Privacy Policy: https://www.linkedin.com/legal/privacy-policy.

9. Online-based Audio and Video Conferences (Conference tools)

Data processing
We use online conference tools, among other things, for communication with our customers. The tools we use are listed in detail below. If you communicate with us by video or audio conference using the Internet, your personal data will be collected and processed by the provider of the respective conference tool and by us. The conferencing tools collect all information that you provide/access to use the tools (email address and/or your phone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “context information” related to the communication process (metadata).

Furthermore, the provider of the tool processes all the technical data required for the processing of the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.

Should content be exchanged, uploaded, or otherwise made available within the tool, it is also stored on the servers of the tool provider. Such content includes, but is not limited to, cloud recordings, chat/ instant messages, voicemail uploaded photos and videos, files, whiteboards, and other information shared while using the service.

Please note that we do not have complete influence on the data processing procedures of the tools used. Our possibilities are largely determined by the corporate policy of the respective provider. Further information on data processing by the conference tools can be found in the data protection declarations of the tools used, and which we have listed below this text.

Purpose and legal bases
The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers. Furthermore, the use of the tools serves to generally simplify and accelerate communication with us or our company (legitimate interest). Insofar as consent has been requested, the tools in question will be used on the basis of this consent; the consent may be revoked at any time with effect from that date.

Duration of storage
Data collected directly by us via the video and conference tools will be deleted from our systems immediately after you request us to delete it, revoke your consent to storage, or the reason for storing the data no longer applies. Stored cookies remain on your end device until you delete them. Mandatory legal retention periods remain unaffected.

We have no influence on the duration of storage of your data that is stored by the operators of the conference tools for their own purposes. For details, please directly contact the operators of the conference tools.

Conference tools used
We employ the following conference tools:

Zoom
We use Zoom. The provider of this service is Zoom Communications Inc, San Jose, 55 Almaden Boulevard, 6th Floor, San Jose, CA 95113, USA. For details on data processing, please refer to Zoom’s Privacy Policy: https://zoom.us/en-us/privacy.html.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://zoom.us/de-de/privacy.html.

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and other legal statutes.

TeamViewer
We use TeamViewer. The provider is TeamViewer Germany GmbH, Jahnstr. 30, 73037 Göppingen. Details about data processing can be found in the TeamViewer Privacy Policy: https://www.teamviewer.com/en/privacy-policy/.

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and other legal statutes.

GoToMeeting
We use GoToMeeting. The provider is LogMeIn, Inc., 320 Summer Street Boston, MA 02210, USA. For details on data processing, please see GoToMeeting’s Privacy Policy: https://www.logmeininc.com/legal/privacy.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://logmeincdn.azureedge.net/legal/lmi-customer-dpa-2020v1-de.pdf.

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and other legal statutes.

Microsoft Teams
We use Microsoft Teams. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA. For details on data processing, please refer to the Microsoft Teams Privacy Policy: https://privacy.microsoft.com/en-us/privacystatement.

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and other legal statutes.

10. Custom Services

Job Applications
We offer website visitors the opportunity to submit job applications to us (e.g., via e-mail, via postal services on by submitting the online job application form). We assure you that the collection, processing and use of your data will occur in compliance with the applicable data privacy rights and all other statutory provisions and that your data will always be treated as strictly confidential.

If you submit a job application to us, we will process any affiliated personal data (e.g., contact and communications data, application documents, notes taken during job interviews, etc.), if they are required to make a decision concerning the establishment or an employment relationship. Your data will be processed based on applicable legal grounds and, if required, on the basis of your consent. You may revoke any consent given at any time. Within our company, your personal data will only be shared with individuals who are involved in the processing of your job application.

If your job application should result in your recruitment, the data you have submitted will be archived for the purpose of implementing the employment relationship in our data processing system.

If we are unable to make you a job offer or you reject a job offer or withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests for up to 6 months from the end of the application procedure (rejection or withdrawal of the application).

Afterwards the data will be deleted, and the physical application documents will be destroyed. The storage serves in particular as evidence in the event of a legal dispute. If it is evident that the data will be required after the expiry of the 6-month period (e.g., due to an impending or pending legal dispute), deletion will only take place when the purpose for further storage no longer applies.

Longer storage may also take place if you have given your consent or if statutory data retention requirements preclude the deletion.

Status: 10/2021

VertiGIS North America Ltd.

300 – 1117 Wharf Street
Victoria, British Columbia
V8W 1T7, Canada

Legal Information
All contents of this website are copyright reserved. Please refer to our Copyright and Trademarks – Property Rights Acknowledgement in our Privacy Centre.

Disclaimer
While browsing the VertiGIS Studio website, you may be able to access the websites of our affiliates and third parties through a hyperlink. VertiGIS NA assumes no responsibility for the privacy practices of third parties’ websites and suggests you review the privacy statements/policies on such websites.

Warranty and Limitation of Liability
THE INFORMATION AND/OR MATERIALS CONTAINED HEREIN ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

VertiGIS Ltd. shall not be liable in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of its website, or the reliance on the information it contains even if VertiGIS is advised of the possibility of such damage.

Please review our Privacy Policy in our Privacy Centre to further understand how use of this website may impact you.

If you have any questions about our Website Terms of Use policies, please send us a message to legal-ca@vertigis.com.

The information contained on this website is subject to change without notice.

Cookie Statement
VertiGIS Studio website, VertiGISStudio.com, uses cookies, tracking pixels and related technologies to collect information. A cookie is a small data file that most major web sites write to your hard drive for record keeping purposes when you visit them. Cookies support the proper functioning of our website and allow us to measure activity on the site and to improve your user experience, for example by remembering your passwords and viewing preferences. Also, cookies may also be used to monitor how visitors use the site and to target ads to you on other websites.

Cookies are used by us to measure activity on the site and to make improvements and updates based on which areas are popular and which are not. This data collected may be used by third parties (such as Google) to target advertising on other sites, including Google, to previous website visitors and based on online activities. This could be in the form of an advertisement on Google search results page, or a site in the Google Display Network or other websites offering advertising capabilities. Third-party vendors, including Act-On and Google, use cookies to serve ads based on someone’s past visits to this site. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

Targeting and tracking cookies require your prior consent. You will be asked to consent upon entering our website. If you’d prefer, you can set yours to refuse cookies or to alert you when cookies are being sent. You can also adjust your cookie settings here.

Cookies used on this Site
The cookies that we use on this site, and the purposes for which these cookies are used, are provided below. Please note that this list is not exhaustive; additional cookies may be added, and we may update or remove the cookies below. If additional targeting or tracking cookies will be used, these will be included in the overview.

You can set preferences for how Google advertises to you using the Google Ad Settings page.

Alternatively you can opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative (NAI) opt-out page.

Unless superseded by a modified signed training agreement between the parties, this Training Agreement (“Agreement”) is between you (hereinafter “Client”) and VertiGIS North America Ltd. (“VERTIGIS NA”). Client acknowledges that Client has read and understood this Agreement and agrees to be bound by the terms and conditions hereof.

RECITALS
Client wishes to arrange for certain training in the use of GIS software. VERTIGIS NA is willing to conduct training courses regarding the use of GIS software pursuant to the terms and conditions contained herein. The parties therefore agree as follows:

ARTICLE 1 TRAINING DESCRIPTION
VERTIGIS NA offers a set of instructor-led training, self-directed training and related to the use of its VertiGIS Studio software.

Instructor-led private training events occur at a client’s site or via the web in a virtual classroom environment. The VERTIGIS NA public software training courses offered and all relevant details are located on VERTIGIS NA’s training website. VERTIGIS NA reserves the right to modify course content when necessary due to software technical capabilities or limitations.

ARTICLE 2 VERTIGIS NA’S RESPONSIBILITIES
•For instructor-led training, VERTIGIS NA will provide an instructor qualified to conduct the course(s) as well as all necessary training materials sufficient for the number of registered participants (hereinafter “Student(s)”) on the scheduled dates. VERTIGIS NA will provide each Student with all required course material, a virtual classroom environment and cloud based VertiGIS Studio software, where applicable.
•For self-directed training, VERTIGIS NA will provide access during office hours, in the Pacific time zone as well as all necessary training materials sufficient for the number of Students. VERTIGIS NA will provide each Student with all required course material, and cloud based VertiGIS Studio software, where applicable.
•VERTIGIS NA will confirm scheduled virtual classroom training dates approximately three (3) business days prior to the training event start date.
•VERTIGIS NA will confirm scheduled private training dates approximately 13-15 business days prior to the event date.

ARTICLE 3 CLIENT’S RESPONSIBILITIES
•Client must ensure the protection of VERTIGIS NA’s copyrights. CLIENT SHALL NOT RECORD, COPY OR DISTRIBUTE NOR PERMIT A THIRD PARTY TO RECORD, COPY OR DISTRIBUTE ANY OF VERTIGIS NA’S TRAINING MATERIAL(S).
•Client is not authorized to resell seat(s) to a VERTIGIS NA training event, unless explicitly authorized in writing by VERTIGIS NA.
•Client must ensure that all Students have received confirmation from VERTIGIS NA to participate in a VERTIGIS NA training event. Unregistered Students are not permitted to view or participate in an Online Classroom training event. VERTIGIS NA reserves the right to disconnect any Students who permit access to unregistered Students.
•Client must confirm that all registered Students meet the minimum prerequisites for the applicable training event set forth on VERTIGIS NA’s Training website.
•Client must provide written notice to VERTIGIS NA’s Customer Service department at training@vertigisstudio.com of any cancellation, rescheduling, or Student substitution requirements and receive confirmation of these change(s) prior to the training event start date.
•VERTIGIS NA reserves the right to record a classroom training event for future rebroadcast.

ARTICLE 4 SOFTWARE LICENSES
For private instructor-led training, the terms of the VERTIGIS NA license agreement are applicable to all Students and cover all of VERTIGIS NA’s software, data, and documentation licensed for use in any training course to be conducted. VERTIGIS NA may issue temporary software licenses for Client Site Training where there are an insufficient number of software licenses available at the Client’s training facility. Upon conclusion of the training course or event, the Client must uninstall the temporary software licenses and return to VERTIGIS NA any media provided.

ARTICLE 5 CANCELLATION AND RESCHEDULING POLICY
5.1 Virtual Classroom – Individual Student Seats
•When a Student’s place in a training event is filled by another person from the same organization, a Student substitution is allowed at no cost provided VERTIGIS NA’s Training department is notified in advance of the training event start date.
•Students may cancel their enrollment in a training event provided VERTIGIS NA’s Customer Service department is notified.

5.2 Client Site/Private Class (Training Event)
•When a Student’s place in a training event is filled by another person from the same organization, a Student substitution is allowed. A notification is required for Student substitution as soon as possible.
•A training event may be rescheduled by the Client, provided VERTIGIS NA’s Training department is notified seven (7) business days in advance of the training event start date. If appropriate notice of reschedule is provided, Client is responsible for VERTIGIS NA’s reasonable travel expenses and shipping costs incurred.
•A training event may be canceled by the client provided VERTIGIS NA’s Training department is notified seven (7) business days in advance of the training event start date. If appropriate notice of cancellation is provided, Client is responsible for any reasonable travel expenses and shipping costs. If a training event is canceled without appropriate notice, client is responsible for the full training event fee.
5.3 If cancellation of a training event is necessary due to Force Majeure as described in Article 8 below, the affected party is released in full with seven (7) business days notification. The affected party will either reschedule the training or cancel the order without that affected party incurring any liability.

5.4 If VERTIGIS NA is unable to conduct the training on the scheduled date, VERTIGIS NA will notify Client at least seven (7) business days before the scheduled date.

5.5. Client has one (1) year from the date of invoice to undergo training. Any unused training after that one (1) year period shall expire and be forfeited.

ARTICLE 6 CONFIDENTIAL INFORMATION
VERTIGIS NA or Client may disclose to the other party certain confidential information under this Agreement. The disclosing party shall identify the information as confidential information at the time of disclosure. Each party shall use the confidential information described above only for exchanging information needed to provide the training contemplated by this Agreement.

ARTICLE 7 RESERVATION OF OWNERSHIP AND GRANT OF LICENSE
Except as specifically granted in this Agreement, VERTIGIS NA and/or its licensors own and retain all right, title, and interest in software, data, documentation, and training materials.

ARTICLE 8 FORCE MAJEURE
Except with respect to payment obligations under this Agreement, neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from, directly or indirectly, causes beyond the reasonable control of the affected party, including but not limited to fire, floods, earthquakes, epidemic, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, cyberattacks, disruptions or outages of third party services, acts of God or acts, omissions or delays in acting by any governmental authority; provided, however, that the affected party shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall resume performance hereunder as commercially reasonable whenever such causes are removed. The affected party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of Force Majeure.

ARTICLE 9 WARRANTY
VERTIGIS NA will provide training in a manner consistent with the technical and professional standards of the industry.

9.1 Disclaimer of Warranties. WITH THE EXCEPTION OF THE LIMITED WARRANTY SET FORTH IN THIS
ARTICLE, VERTIGIS NA DISCLAIMS, AND THIS AGREEMENT EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, AND NONINFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE DELIVERABLES ARE ERROR FREE.

ARTICLE 10
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
IN NO EVENT SHALL VERTIGIS NA BE LIABLE TO CLIENT FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR TRAINING; LOST PROFITS; LOST SALES; BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF VERTIGIS NA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERTIGIS NA’S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY THE CLIENT FOR THE PORTION OF THE TRAINING UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 
ARTICLE 11 GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia, Canada without reference to its conflict of laws principles.

ARTICLE 12 SEVERABILITY
The parties agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable

ARTICLE 13 ENTIRE AGREEMENT
This Agreement constitutes the sole and entire agreement between the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements (including any attached purchase order terms and conditions) between the parties relating to such subject matter.

VertiGIS North America Ltd. is committed to maintaining the security of our systems. We encourage you to report potential vulnerabilities in our systems by sending an email outlining your concerns to: incident@vertigis.com.