Privacy Policy

This privacy policyand protection of personal data, the "Privacy Policy" which isdetailed below, corresponds to that applicable to websites, services, platformsand related applications published or promoted by member companies of the VMETRIXgroup of companies, (hereinafter "VMETRIX"), and that will apply asthe case may be, to the company VMETRIX Inc, incorporated in the state ofDelaware, United States, or VM Servicios y Tecnología Chile SpA. in theRepublic of Chile, or VMETRIX S.R.L. de C.V. in Mexico.

This Privacy Policyshall also apply in all cases where the relationship between VMETRIX and theUsers that access and use software or digital services (the"Services") offered by VMETRIX is not already governed by contractualprovisions among the parties or other Privacy Policy or personal dataprotection documents of specific application. Likewise, in all matters notcontrary to them, this Privacy Policy shall be considered as part of all actsand contracts that are executed or signed between Users and VMETRIX.

This Privacy Policydescribes in detail how VMETRIX collects compiles, uses, protects and sharesPersonal Data and Personal Information of its Users. VMETRIX will provideinformation about this Privacy Policy to any person accessing the VMETRIXServices.

For all purposes ofthese Terms and Conditions, "User" refers to the person thatvoluntarily registers and is formally identified in the forms, records andsections of the web pages or computer programs, distributed or owned by VMETRIX(hereinafter "the Platform"). "Visitor" is defined as aperson who, without formal identification, accesses anonymously and freely tothe web pages included within the Services.

This Privacy Policycomes into force at the moment of acceptance by the User and will remain inforce until the User revokes the authorization for its use. The revocation mustalways be in writing and shall not have retroactive effect.

VMETRIX may modifythis Privacy Policy at any time.

Please read thisPrivacy Policy before accessing and/or using the Platform or registering as auser.

Compilation of PersonalData and Personal Information

Inorder to use the Services, the User must complete a registration form ("RegistrationForm") with Personal Data such as full name, national identity card or taxidentification number, email address, business address, telephone number andother information that may be requested or necessary for the proper use of thePlatform.

Likewise,when using the Services, the User shall provide VMETRIX with information abouttheir specific requirements in relation to the Services, including therecording of calls that the User may make to VMETRIX technical support service("Personal Information").

Usersagree to provide their Personal Information in the Registration Form in anaccurate, precise and trustworthy manner, and to update their PersonalInformation whenever it is modified.

ThePersonal Data provided by the User in the Registration Form must be accurate,up to date and truthful at all times. VMETRIX reserves the right to requestadditional evidence and/or information to corroborate the Personal Dataprovided in the Registration Form, and to suspend, temporarily and/or permanently,any User whose data has not been confirmed within the period indicated byVMETRIX. However, VMETRIX is not responsible for the accuracy of the dataentered in the Registration Form, since they have been provided by the User andare the sole responsibility of the User. In this sense, the User guarantees andis responsible, under any circumstances, for the veracity, accuracy, validityand authenticity of their Personal Data.

VMETRIXwill be responsible for collecting the Personal Data provided by the User in apersonal database. Similarly, the Personal Information of Users will becollected and used in the way described in this Privacy Policy.

Personal Account

Once the User has filled out the Registration Form, VMETRIX shall provide each Userwith a personal account ("Account") to access the Platform Servicesusing a password of the User's choice. The User will access the Account byentering their username and the password personally chosen by the User.

The Account shall be personal, individual and non-transferable, being expresslyprohibited for the same User to register more than once or to have more thanone User Account. In the event that VMETRIX detects or reasonably infer thatdifferent Accounts contain related or overlapping data, VMETRIX may cancel,suspend or deactivate any linked Accounts without giving the Users holding suchAccounts any right to claim.

The User shall be solely responsible for the proper care and use of the Account, aswell as for the safeguard of its protected password. If by any reason a Userconsiders that the password has been breached, the User must change it byaccessing the password modification option provided for such purpose on thePlatform.

2.1 TheVMETRIX registered User and Account holder expressly authorizes VMETRIX toaccess at any time to all information contained in that Account, including,specifically and without limitation, personal data and Personal Informationregarding their interests, tastes, contacts and/or any other information storedin the Account and Registration Form.

Use of Personal Data and Personal Information

By accepting the Privacy Policies, the User declares that:

  • VMETRIX is authorized to verify, gather, process, use and share the User's PersonalData in accordance with these Privacy Policies and the Law.
  • VMETRIX is authorized to collect and process the User's Personal Data and PersonalInformation in order to develop internal studies on the interests, behavior anddemographic composition of Users for better development of its Services.
  • VMETRIX is authorized to send to the User's email information or advertisements relatedto the services provided by VMETRIX. This could include personal passwords tobe used on the Platform, reminders of payment due dates and other obligationsarising from the use of the Platform. The User may at any time request to beexcluded from the list of recipients that receive promotional and/oradvertising information, by sending an email to contact@vmetrix.com.
  • Calls made to VMETRIX technical support service may be recorded in order to supervisethe service offered by VMETRIX; any questions, suggestions or complaints may bereferred to the appropriate department; any serious situations that may bereported will be thoroughly investigated; and to improve the operationalefficiency of this service to the User.
  • VMETRIX is authorized to deliver the User's Personal Information and Personal Data incompliance with applicable regulations and for the purpose of cooperating withjudicial and/or governmental authorities, to the extent that VMETRIX deemsnecessary and appropriate in the context of the investigation of a crime orfraud, infringement of industrial or intellectual property rights, or any otheractivity that is considered illegal or that may make VMETRIX or its Userslegally responsible. VMETRIX may exercise this right for the purpose ofcooperating in compliance with or enforcement of the law, regardless of theexistence of a judicial or administrative order in this regard.
  • TheUser agrees to be solely responsible for all actions taken in the use of theAccount, including responsibility for the payment of any fees subsequentlyincurred or damages that other Users and/or third parties may suffer as aresult thereof.

VMETRIX will collect, use and share the User's Personal Data and Personal Informationin order to safeguard Users and ensure the proper provision of the Services.

Accordingly, VMETRIX may use the collected information to:

  • Create and update the User Account.
  • Verify the identity of the Users.
  • Verify the accuracy of the Users' Personal Data.
  • Process and/or facilitate the payment of the Services (Price, and/or Fee).
  • Allow VMETRIX and the User to communicate with each other about any issues that mayarise during the provision of the Service.
  • Allow the Platform's technical support service to contact the User so that theprovision of the Service can be efficient and fast.
  • Conduct tests, research and analysis in relation to the provision of the Services and on the products purchased by Users.
  • Send to Users information about new Services and their updates.
  • Use the Personal Information contained in the Users accounts in order to preventand identify fraud, risk situations or dangerous activities, i.e. practices that VMETRIX and / or Users consider to represent a threat to the security ofthe Platform. In such situations, VMETRIX is entitled to disable such accounts.

Security and Storage of Personal Data

VMETRIX will manage the Personal Data of its Users in accordance with the provisions ofthe Law, always seeking the broadest respect for the fundamental rights ofUsers.

VMETRIX considers Personal Data and other Personal Information of its Users as an assetthat must be protected against any loss or unauthorized access: therefore, allthe necessary measures to safeguard them will be taken by implementing efficient data protection mechanisms, such as firewalls and Secure Socket Layers (SSL). VMETRIX commits to comply with all applicable regulationsregarding security measures for Personal Data, applying industry standards forthe protection and confidentiality of Personal Information.

Notwithstanding the foregoing, considering that Internet is a system open to public access, VMETRIX cannot guarantee that unauthorized third parties can eventually violate the security barriers and make improper use of Personal Information and/or Personal Data of the User.

The User expressly acknowledges and agrees that VMETRIX, at its own discretion,collate, store and eventually monitor the exchange of messages and emailsbetween Users carried out on the Platform, in order to contribute to thesecurity of relationships and communications developed through the Platform.

VMETRIX is not responsible for illegal interceptions or violations of its systems or databases by unauthorized third parties. Neither will VMETRIX be responsible for the undue use of information obtained by these means.

VMETRIX will not sell, rent or share Personal Data or other Personal Information of its Users, except as set forth in this Privacy Policy.

METRIXmay store Personal Data and Personal Information of Users for a period of five(5) years, in order to safeguard and allow the resolution of any disputes orclaims, identify problems or incidents and resolve them, and comply with theprovisions of this Privacy Policy and the Terms and Conditions.

Policy regarding Cookies

Cookies (hereinafter "Cookies") are small files that are stored on the User's Platform and that are designed to store a quantity of data specific to a User and online media. This makes it possible for the Platform to function properly.

The User may accept or reject the use of Cookies; however, the functionality of VMETRIX services depends to a large extent on their use. Therefore, if the Userrejects them, the functionality and availability of the services could beaffected.

The User may accept or reject the use of Cookies; however, the functionality ofVMETRIX services depends to a large extent on their use. Therefore, if the Userrejects them, the functionality and availability of the services could beaffected.

The User who decides to delete Cookies must configure the Account for this purpose through the configuration mechanisms of the device. It should be noted that in the event that VMETRIX or its associated or affiliatedcompanies make use of Cookies and other similar identification technologies,its main objective will be to understand the behavior of its Users in order tooffer a comprehensive, personalized and secure service.

Forthese purposes, VMETRIX will use the following Cookies

  • Behavioral Cookies: these provide the operation and functionality of the Platform, such asallowing the User to access their Account.
  • Security and integrity Cookies: those that allow the company to offer Users a safe and secure site according to the preferences registered in the Account. This prevents anyone other than the specific User from accessing it.
  • Research and analysis cookies: those that improve the service provided to Users in their access to the Platform. They allow maintaining a personalized record for each User through the configuration set up by them in their Account; once this information is obtained, the traffic on the Platform can be analyzed to know their tastes and preferences. This allows products and services to be improved.
  • Marketing Cookies: those used to present relevant advertising and analyze the efficiency and effectiveness of advertising campaigns.

Rights of Access, Modification, Rectification and Elimination of Personal Data

The User may exercise its right to access, modify, rectify and delete its own Personal Data, including e-mail address, as well as to refuse the processing of its data and to be informed of the delivery and/or international transfer of its Personal Data, in accordance with the provisions of the Law.

The User, holder of the Personal Data, upon proof of identity, may exercise the right of access, modify, rectify and/or eliminate their Personal Data, free of charge, and this must be resolved within two (2) days from the date of the request.

The request to access, modify, rectify and/or eliminate Personal Data must be sent by e-mail to contact@vmetrix.com, and must include the full name, national identity card number or tax identification number, and cell phone number. Notwithstanding the changes made, VMETRIX will retain the above personal data for security and fraud prevention purposes.

Minors

The Website may only be used by persons over 18 years of age, being prohibited the registration of minors under 18 years of age.

VMETRIX reserves the right to verify, by the means it deems most appropriate, the actual age of any User.

Upon suspicion that a User may be under 18 years and has entered false information in the Registration Form, VMETRIX may reject the Registration Form and/or cancel the Account, without right to claim by the affected User.

Legal requirements. Petitions. Procedures 

VMETRIX will cooperate with the competent authorities and third parties to ensure compliance with current regulations, for example, in matters such as the protection of industrial and intellectual property rights and fraud prevention, among others.

In this context, VMETRIX may disclose Personal Information and Personal Data of its Users in the event that it is requested by the competent judicial or governmental authorities in order to carry out their inquiries, even if there is no court order or judicial or executive citation, as well as in the case of an investigation of a criminal or fraudulent nature or associated with hacking or copyright infringement. In such situations, VMETRIX will cooperate with the competent authorities in order to safeguard the integrity and security of the community and its Users.

For these purposes, VMETRIX may provide all Personal Information and/or Personal Data of its Users, in order to comply with current regulations and cooperate with the competent authorities, to the extent that they deem necessary and appropriate in connection with any investigation of an illegal or fraudulent activity, violation of industrial or intellectual property rights, or other activity considered illegal or for which VMETRIX or its Users may be held legally responsible. VMETRIX exercise this right for the purpose of cooperating in compliance with and enforcement of the law, regardless of whether there is no judicial or administrative order issued for this purpose.

Additionally, VMETRIX reserves the right (and Users expressly authorize it) to disclose information to organizations or third parties when there are sufficient grounds to believe that the User activity is suspected of attempting to commit a crime or harm others. VMETRIX exercise this right in its sole discretion, when it deems appropriate or necessary to maintain the integrity and safety of the community and its Users; to comply with the Terms and Conditions and Privacy Policies of its Platform; and for the purpose of cooperating in the implementation and enforcement of the law. VMETRIX will exercise this right to cooperate in law enforcement and compliance, regardless of whether there is a judicial or administrative order to this effect.

Changes in email and SMS preferences

Notwithstanding the fact that VMETRIX aims to keep its Users permanently informed about its offers, news, products on sale, etc., Users may at any time choose which emails and promotional material they wish to receive from VMETRIX.

In the event that the User does not wish to receive such material, the User may request it by modifying the email preferences in accordance with the instructions provided by VMETRIX in its correspondence, or through the Account, selecting the information that actually wants to receive.

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Software as a Service is a technological solution -hosted in the cloud- that delivers a service in a subscription model. With this model, the provider is responsible for the administration of the technological infrastructure necessary to support the platform, providing automatic updates and managing hardware, software and information security, at no additional cost to the client.