VORT Corporation Privacy Policy
At VORT Corporation ("VORT"), we
understand that privacy is important to you, and we are committed to
respecting your privacy when you visit any VORT's web sites such as
www.myppod.com. (the "Site") and/or use any of VORT’s cloud-based
services, like VORT’s PPOD personalized parenting online tools (the
“PPOD Service”).
The following Privacy Policy is designed to help you better understand what
information we gather from you through our Site and the PPOD Service, how we
use and disclose this information, and who we might share this information.
This Privacy Policy may be changed or updated from time to time in VORT's
sole discretion and any changes or updates will become effective immediately
upon receipt of an email, text, push, or similar notification from VORT or
upon the posting of the new Privacy Policy on the Site with a link from the
Site's homepage. It is your sole responsibility to visit the Site
frequently to review any revisions made to this Privacy Policy.
By visiting this Site, and/or by using any of the PPOD Service in any manner,
you are accepting the practices described in this Privacy Policy and
expressly consent to our collection, use and disclosure of your personal
information in the manner described in this Privacy Policy. This Privacy
Policy is incorporated into and subject to the terms of our Website Terms and
Conditions and the PPOD Registered User Agreement which you agreed to be
bound to upon your registration with VORT to all you to use the PPOD Service.
This Privacy Policy applies to solely to this Site, the PPOD Service and any
PPOD App (as such term is defined in the PPOD Registered User
Agreement).
General Information Collection and Use
Our primary goals in collecting personal information are (a) to enable you to
fully use the functionality available via use of the PPOD Service, (b) to
provide you with a smooth, efficient, and customized experience, (c) to send
you information upon your request, and (d) to thank you for your support. In
addition, we may use such information to improve our marketing and
promotional efforts, to analyze site usage, to improve our content and
product offerings, and to customize the content, layout and services of the
Site, each applicable PPOD App, and the PPOD Services, generally.
Specifically, and without limitation, we may use your personal information
(a) for license reporting and assessment of Site service levels; (b) to
better understand on an aggregated basis how our products and services are
used, gauge traffic patterns and determine what types of content and services
are most popular with users of our products and services; (c) to verify
access rights to content, services or software; (c) to provide you with
information about VORT products, services, news and events through the Site
or e-mail; (d) to allow you to purchase and download VORT products and
services; and/or (e) to provide you with personalized content programming,
instructions and services via your use of the PPOD Service.
Personally Identifiable Information
When you choose to become a registered user of the PPOD Service, via the Site
or a PPOD App, you provide VORT account information that may include, without
limitation: (a) your username and your private password required in order to
provide you with the ability to use features of the Site, (b) profiles
created by you to store contact information about yourself (e.g., your name,
your e-mail address, your phone number, your address, etc.), and/or (c)
information about children under your supervision (either as a guardian,
parent, or health care provider). We use this information to enable you to
use the PPOD Service via the Site or a PPOD App and to ensure compliance with
intellectual property laws. For example, your account information is stored
on servers controlled and accessed by VORT and if you forget your log-in
password, you will be asked to enter your e-mail address on record with VORT
in order to gain access to PPOD Service as a registered user. Moreover, we
collect additional information from you when you provide us with on-line
comments or feedback via our Site or a PPOD App or post information about
yourself or others to or through our Site or PPOD App. This information, if
any, is available to others accessing the Site and/or shared information
available via a PPOD App. We work to process and maintain accurately
the information that you share with us and will use commercially reasonable
efforts to allow you the ability to change or modify your user information in
order to enhance your ability to use the PPOD Service for its intended
purposes.
Additionally, when you pay for the right to use the PPOD Service, VORT
collects your contact information (such as your address). Moreover, unless
you complete your transaction through iTunes (in which case Apple will
process your transaction pursuant to their own terms and conditions), we
contract out to a reputable payment processing service (the “Payment
Processor”) to process financial transactions related to your use of
the PPOD Service. Therefore, certain financial information (such as your
credit/debit card information) may be collected by our Payment Processor in
order to allow it to process your transaction on our behalf. Please note that
VORT and our agents, acting on our behalf, use the information you provide
only to complete your PPOD Service order or to ensure we can provide the PPOD
Service to you. We do not share this information with unaffiliated parties
except to the extent necessary to complete that transaction. If we have
trouble processing an order, our payment processer or us will use the
information you provide us to contact you.
Third Party Uses
We may share some of your personally identifiable information with our
consultants and service providers for the purpose of improving, maintaining,
and monitoring the PPOD Service, the Site and our PPOD Apps and facilitating
the services that VORT offers to you. In addition, we sometimes employ other
companies and individuals to perform data analysis functions on our behalf,
such as removing repetitive information, analyzing data, processing credit
card and on-line payments (as mentioned above) and providing customer
service. These companies and individuals have access to personal information
needed to perform their functions, but may not use it for any other
purpose.
Aggregate Data
The demographic information you provide is collected by us and may be
disclosed in aggregate to third parties. This aggregate information will not
be used to personally identify you or your computer.
Log Files
Like most Internet services, we use log files on the server side. The data
held in log files includes your IP address, browser type, e-mail application,
Internet service provider ("ISP"), referring/exit Web pages, computer
platform type, date/time stamp, and user activity. VORT uses server log data
to analyze trends, administer the services offered through the Site and the
Site. IP addresses are not tied to any personally identifiable
information.
The software enabling the Site has associated log and temporary files that
are stored on VORT's servers. These files store your account information,
preference settings, system notifications as well as other data necessary to
enable you to participate on the Site. Your information may also exist within
regularly performed server backups.
Security
We are concerned about the security of personal information collected from
you and have taken reasonable steps to prevent unauthorized access to that
information. We care about the security related to your use of the PPOD
Service, the Site, and our PPOD Apps and use standard industry practices to
safeguard your personally identifiable and financial information. With
respect to on-line payments, if any, we use encryption and secure https
protocol to communicate with your browser software, which guards against
interception of on-line payment and/or credit card information you give us.
We also employ security techniques to protect your personally identifiable
information from unauthorized access by users inside and outside the
organization. You should be aware, however, that "perfect security" does not
exist on the Internet; third parties may unlawfully or improperly intercept
or access transmissions, personal information, or private communications. As
such, we cannot make any assurances that a security breach will not
occur.
Sharing Information
As a matter of policy, we will not sell or rent information about you and we
will not disclose information about you in a manner inconsistent with this
Privacy Policy except as required by law or government regulation. We
cooperate with law enforcement inquiries, as well as other third parties, to
enforce laws such as those regarding intellectual property rights, fraud and
other personal rights. WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY
INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, OR ANY
OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR
APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL
PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR
YOU, TO LIABILITY.
Other Information Collectors
Please note that this Privacy Policy applies only to VORT’s PPOD
Services, this Site, and the PPOD Apps and not to other companies' or
organizations' websites (a) to which we link, (b) that advertise through the
Site or any PPOD App, or (c) to the websites of our partners. We do not
control the privacy policies of others. We encourage you to ask questions
before you disclose your personal information to others.
Your California Privacy Rights
Users who reside in California can prevent future disclosures for direct
marketing purposes of his or her personally identifiable information, at no
charge, by exercising his or her "opt out" rights by using the "opt out"
procedures described below:
1. You can send email to: CustServ@VORT.com, or
2. You can send mail to the following postal address:
VORT Corporation
Attn: Privacy Policy Agent
405 El Camino Real, #501
Menlo Park, CA 94025-5240
Telephone: (650) 322-8282
Fax: (650) 327-0747
e-mail: custserv@vort.com
Additionally, upon receipt of any electronic communication from VORT, to
unsubscribe from future communications, you can click on the link that says
words substantially to the effect of "If you do not wish to receive these
emails in the future, You can click here to unsubscribe."
Because VORT provides its California users with the ability to exercise his
or her "opt out" rights as described above, pursuant to Section 1798.83
(c)(2) of the California Civil Code, VORT is in compliance with the
California "Shine the Light" law and is not obligated to provide California
users with the names and addresses of all the third parties that received
personal information from VORT for the third parties' direct marketing
purposes during the preceding calendar year.
Governing Law
You agree that your use of this Site, this Privacy Policy and any disputes
relating thereto, shall be governed in all respects by the laws of the State
of California. Any dispute relating to this Privacy Policy shall be resolved
solely in the state or federal courts located in California.
Thank you for visiting our site. Please contact us at custserv@VORT.com if
you have any questions about our Site or our Privacy Policy.
Notice to and Obligations of HIPPA "Covered Entities"
(a) "Covered entity", "business associate", "protected health information",
and "individual" shall have the same meaning as those terms in the HIPAA
Privacy and Security Rule, the "Standards for the Privacy of Individually
Identifiable Health Information" and "Security Standards for the Protection
of Electronic Protected Health Information", which are codified at 45 C.F.R.
Parts 160 and 164 (collectively, "HIPPA"):
(b) If you are a covered entity and your use of the PPOD Service causes VORT
to be deemed a business associate, VORT agrees, upon your written request, to
execute its form business associate agreement (a "BAA"). Notwithstanding the
foregoing and unless and until a BAA is executed by all parties, you agree as
follows:
(i) You shall notify VORT of any limitation(s) in this privacy policy (or
VORT's term of use agreement) to the extent that such limitation may affect
VORT's use or disclosure of any protected health information.
(ii) You shall notify VORT of any changes in, or revocation of, permission by
any individual to use or disclose protected health information, to the extent
that such changes may affect VORT's use or disclosure of protected health
information.
(iii) You shall notify VORT of any restriction to the use or disclosure of
protected health information that you have agreed to in accordance with
HIPPA, to the extent that such restriction may affect VORT's use or
disclosure of protected health information.
(iv) You agree to indemnify and hold VORT, and its officers, directors,
stockholders, employees, consultants and agents, harmless from all claims
arising out of or related to any violation of this sub-section or any
(purported) claim that VORT has violated any provision of HIPPA.
(v) You will not request VORT to use or disclose protected health information
in any manner that would not be permissible under HIPPA if done by you.