PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. These Terms and Conditions (the “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “You”, “Your”, “your”, “user” or “User”) and Next Level Technologies Corp. doing business as VIN2, and its licensors and affiliates (collectively, “We”, “we”, “Us”, “us”, “Our”, “our” or ” VIN2″). VIN2 makes available a web-based software and platform that provides a conduit and portal for connecting importers, exporters, carriers, and others involved in the import and export of vehicles (collectively, the “Platform”), which is made available at least though our website located at the domain http://18.104.22.168/ (the “Website”). These Terms and Conditions also apply to any and all services made available through the Platform including scanning and processing VIN numbers, cataloguing and reporting damage to vehicles, and preparing import-export documentation (the “Services”). Your access to and use of the Services offered by VIN2 is expressly conditioned on your acceptance without modification of the following Terms and Conditions.
If you accept these Terms and Conditions, click on the “I Accept” button below, click on the “I Accept” box, or take other positive step to indicate your agreement to these Terms and Conditions. That action is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you intend to be legally bound by them. Your use of the Platform and/or the VIN2 Website constitutes acceptance of these Terms and Conditions.
VIN2 may modify, supplement or amend these Terms and Conditions at its sole discretion. If so, you will be notified the next time you use the Platform, and given an opportunity to accept the modifications. Your continued use of the Platform will be evidence that you acknowledge and agree to be bound by the modified Terms and Conditions. If you do not accept the modifications, you are no longer entitled to use the Platform.
The Services (as defined herein) and Platform are available only to, and may only be used by persons who can enter into legally binding contracts with VIN2, under applicable law. Without limiting the foregoing, the Services, Platform, and our Website are not available to, and should not be used by, minors.
1. Use of the Platform – Subject to all of the terms and conditions of these Terms and Conditions, VIN2 grants you a limited, non-exclusive, non-transferable and personal license to access and use the Platform and have an object code version of the software Platform reproduced on your computer or other applicable device (i.e., your mobile device, if applicable), solely to support User’s use of the Services and Platform and otherwise in accordance with these Terms and Conditions, provided you have created an account through the Platform by registering to use the Platform (an “Account”) or have signed in as a guest and are in compliance with these Terms and Conditions, if applicable. In these Terms and Conditions, reference to “Users” herein shall include both Users who subscribe to and register an Account through the Platform and Users who do not register through the Platform.
You agree to provide accurate, current, and complete information required to register or create an Account, and whatever information relating to You is required in connection with the Website, the Platform, and/or the Services (the “Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and
complete. VIN2 may terminate your right to access and/or use any or all of the Site, the Platform, and/or the Services, or your Account, if any information you provide is false, inaccurate or incomplete. You agree that VIN2 may store and use the Registration Data you provide for the purposes of maintaining and managing your Account.
2. VIN2 Software-as-a-Service (SaaS) – The Platform facilitates Services including the electronic exchange of information between Users, including registered importers and exporters of vehicles, carriers, and others involved in the import and export of vehicles. Users acknowledge that this information exchange is between Users, and that the Platform provides efficient exchange of information. The Services and these Terms and Conditions shall in no way alter the obligations and liability that each of the Users have to one another.
3. Security Measures – You will implement and maintain appropriate protection in relation to the security and control of access to your computer through which you access the Platform, and that you will prevent the introduction to the Platform of computer viruses or other similar harmful or inappropriate materials, devices, information or data. You assume all risks associated with the use and storage of information on your personal computer or device, or any other computer or device through which you access the Platform.
4. Access at VIN2’s Discretion – In its sole discretion and for any reason, in addition to any other rights or remedies available to VIN2 and without any liability whatsoever, VIN2 at any time and without notice may terminate or restrict your access to the Platform and any component of the Platform.
5. Compensation and Payment Terms – The Services and the provision thereof by VIN2 are provided pursuant to the following Terms and Conditions:
a. All fees, compensation, and other charges payable are exclusive of all taxes, information charges, governmental fees, and similar levies payable in or to any jurisdiction or authority.
b. VIN2 may suspend the Services if the User’s account is not kept current by the User, with up-to-date address, payment, and contact information. Any such suspension of Services will not give rise to any right of termination by the User nor any claim by the User for breach of VIN2’s obligations under these Terms and Conditions or any other agreement between User and VIN2.
c. Users may provide their credit card information, and the User hereby authorizes VIN2 (or its designee) to charge the User credit card for all fees incurred in accordance with the applicable Services, where fees are charged and incurred on a per-vehicle basis.
d. Payments for the purchase of VIN2’s Services may be processed through Stripe, at VIN2’s discretion. For more information on Stripe’s security practices, please seehttps://www.stripe.com/us/checkout/legal. User acknowledges that for certain credit cards, the issuer of User’s credit card may charge a foreign transaction fee or other charges, and User shall be responsible for any such foreign transaction fees.
e. Payments for the purchase of VIN2’s Services may be processed through Wise, at VIN2’s discretion. For more information on Stripe’s security practices, please seehttps://wise.com/terms-and-conditions.
f. Changing Credit Card Information – At any time, the User may change their credit card information by entering updated credit card information via the User’s Account page made available through the Platform.
6. Nature of Engagement – VIN2 makes available the Platform and Services as an independent contractor. Nothing contained in these Terms and Conditions shall be construed to create or imply a joint venture, partnership, principal-agent, or employment relationship between the User and VIN2. VIN2 shall neither act or purport to be acting as the legal agent of the User, nor enter into any agreement on behalf of the User.
7. Access to Services – Each User may access and use the Platform and Services solely for its own benefit or the benefit of its organization, and in accordance with these Terms and Conditions. Use of and access to the Platform and Services is permitted only by the User who registers the Account (or signs in as a guest to use the Platform, if applicable), and such registration is not transferable. User IDs and passwords are granted to individual, named persons and may not be shared. Each User shall keep its user ID and password information strictly confidential and not share such information with any other person, including any unauthorized person not authorized to access and use the Platform and Services. Where multiple persons in an organization use the Platform, each such person shall register separately as a User. Notwithstanding the foregoing, each User (and the User’s organization with which the User’s account is associated or registered, if applicable) will be responsible for any and all actions taken using the User’s Account through the Platform and the User’s user ID and password.
9. Disclaimer – Except as expressly set out in these Terms and Conditions, the Platform and Services are provided “as is” and “as available”, without any other representations, warranties or conditions or guarantees, and VIN2 disclaims and will not be bound by any other representations, warranties, conditions, or guarantees whatsoever in connection with the Services and your use and enjoyment thereof, whether express, implied or statutory, including, without limitation, any warranties of accuracy, timeliness, performance, completeness, merchantability, workmanlike quality, title, fitness for a particular purpose or any purpose, and non-infringement of any rights including intellectual property rights of any other party. VIN2 offers no representation, warranty, or guarantee that compliance packages or applications including to the NHTSA will be accepted or approved. Without limiting the generality of the foregoing, VIN2 makes no warranty that: (i) the Website, the Services, the Platform, or any content posted to the Platform will meet the User’s requirements; (ii) the Website, the Services, the Platform, or the content will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from your use of the Website, the Services, the Platform, or the content will be accurate or reliable; (iv) the quality of any products, Services, information obtained by the User through the Website, the Services, the Platform, or the content will meet any particular User’s expectations; and (v) any errors in the Services and/or any software operating on the Website or the Platform will be corrected. Any material downloaded or otherwise obtained through the use of the Website, the Platform, or the Services is done at the User’s own discretion and risk. No advice or information, whether oral or written, obtained by the User from the Website or through or from the Platform and Services or the content shall create any warranty or condition not expressly stated in the terms.
10. Updates and Maintenance – VIN2 may, at its sole discretion and on a scheduled basis or an emergency basis, provide updates and maintenance on the software, Platform, and/or the Services, without notice. The software, Platform, and/or the Services may be unavailable while VIN2 provides updates and maintenance on the software, Platform, and/or the Services.
11. Inability to Perform – Certain events beyond our control may make it impossible or not commercially reasonable for VIN2 to fulfill some or all of our obligations and Services under these Terms and Conditions. VIN2 is not legally responsible to the User if any event beyond our control makes it impossible or not commercially reasonable for VIN2 to fulfill some or all of our obligations and Services, and we will endeavour to resume our obligations and Services as soon as we reasonably can. These Terms and Conditions will otherwise remain in full effect.
12. Service Availability – The User acknowledges that temporary interruptions, downtime, or lack of availability of the Platform and Services may occur from time to time as normal events. Further, the User acknowledges that VIN2 may cease making any portion of the software, Services, or Platform available at any time and for any reason. Under no circumstances will VIN2 or its suppliers be held liable for any damages or loss suffered or allegedly suffered by you due to such interruptions or lack of availability of the VIN2 software, Services, or Platform.
13. Security – VIN2 uses commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or any data or personal information of Users. However, without limiting the generality of the disclaimers of warranties, representations, and liability set out in these Terms and Conditions, VIN2 will have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond VIN2’s control.
14. Exclusions and Limitations of Liability
a. YOU AGREE THAT WE SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA AND/OR INFORMATION, LOST SAVINGS, OR OTHER EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR: (1) YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES, THE WEBSITE, OR ANY PART THEREOF; (2) SUSPENSION, LOSS OR INTERRUPTION OF THE PLATFORM AND/OR SERVICES; (3) LOSS OR LIABILITIES RESULTING FROM ACTS OR EVENTS BEYOND OUR CONTROL; (4) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODICATIONS TO DATA; OR (5) DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO THE INAPPROPRIATE OR UNAUTHORIZED USE OF THE PLATFORM AND/OR THE SERVICES BY YOU OR ANY OTHER USER OF THE PLATFORM AND/OR THE SERVICES; WHETHER BASED ON CONTRACT, TORT, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF THOSE DAMAGES, AND REGARDLESS OF ANY FUNDAMENTAL BREACH HEREOF OR OF ANY OTHER AGREEMENT.
b. Without limiting the foregoing, you acknowledge that in no event shall VIN2 or any of its suppliers, affiliates, directors, officers, employees, agents or representatives be liable for any loss, damage, cost or injury, arising out of or relating to your use of or reliance upon (for any purpose) any advice or information posted or made available through the Platform, the Site, or the Services, whether by VIN2 or any other users.
c. OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF VIN2’S REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO TEN CANADIAN DOLLARS ($10 CAD).
d. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE TERMS AND CONDITIONS, ANY ACCOUNT, OR YOUR ABILITY OR RIGHT TO USE THE PLATFORM, THE WEBSITE, AND/OR SERVICES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
15. Indemnification – The User shall indemnify VIN2 from and against all losses, damages, costs and expenses, and save VIN2 harmless from and against any and all claims, liabilities, demands, actions, causes of action, lawsuits and proceedings which may be made or brought against or suffered by VIN2, or which VIN2 may suffer or incur as a result of, in respect of or arising out of, the User’s use of the Platform or Services, save and except for any claims, demands, actions, lawsuits or proceedings that arise specifically out of any fraudulent activities or wilful misconduct of VIN2.
16. Termination – VIN2 or the User may terminate these Terms and Conditions with thirty (30) days’ written notice to the other Party. Upon termination of these Terms and Conditions for any reason, VIN2 will immediately stop providing Services and discontinue User’s access to the Platform, and User will immediately cease any and all use of the Services and Platform.
17. User Cooperation – Each User shall be responsible for its own use of or failure to use the Services, and for the accuracy and completeness of all data and information provided to other Users of VIN2 in connection with the use of the Platform and Services. VIN2 will not be responsible or liable for, nor be considered to be in default under these Terms and Conditions for, any User’s delay or failure to perform any obligation under these Terms and Conditions. VIN2 will also not be responsible or liable for any losses or damage arising from the User’s failure to provide timely cooperation and instructions to other Users or VIN2 as reasonably required to enable other Users or VIN2 to perform their respective obligations, including the User’s failure to: (i) provide accurate and complete information that is relevant to the Services in a reasonably timely manner; (ii) instruct other Users or VIN2 in a reasonably timely manner; and (iii) cooperate with other Users or VIN2 in any other manner as reasonably required to facilitate the exchange of information.
18. Unacceptable Use – Each User hereby agrees that they and their employees, agents, and representatives who use and access the Platform and Services will not:
a. probe, scan, or test the vulnerability of any system or network used with the Platform or Services;
b. decompile, reverse engineer, disassemble or hack or tamper with the Platform or Services, disable or circumvent any security or authentication measures of the Platform or Services, or attempt to gain or to grant any other person unauthorized access to the Platform or Services (or any portion thereof) or related systems, networks or data;
c. modify or disable the Platform or Services or use the Platform or Services in any manner that interferes with or disrupts the integrity or performance of the Platform or Services or related systems, network or data;
d. access or search the Platform or Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Platform or Services in any medium, including without limitation by any automated or non-automated “scraping”;
e. copy, frameset, enclose or otherwise sell, distribute, transmit or broadcast any part of the Service, the Platform, the software, and the Website;
f. modify or create any derivative work of any part of the Service, the Platform, the software, and the Website;
g. disable, interfere with, or try to get around any of the features of the Service, the Platform, the software, and the Website related to security, preventing or restricting use or copying of any content, or enforcing the limits on the use of the Service, the Platform, the software, and the Website or the content on the Website; or
h. use, export or re-export any content or any copy or adaptation of the Service, the Platform, the software, and the content of the Website in violation of any applicable laws or regulations, including, without limitation, data, privacy and export control laws and regulations;
i. use the Platform or Services to generate or send unsolicited communications, advertising or spam, or otherwise cause VIN2 to become impaired in its ability to send communications on its own behalf or on behalf of other Users, or use the Platform or Services to sell, promote or advertise products or services without appropriate authorization;
j. misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with VIN2 or any third party) or access the Platform or Services via another user’s account without their permission;
k. use the Platform or Services to use, reproduce, distribute, or display content or material that is in a way that is pornographic, obscene, infringing, or defamatory in nature or that would be reasonably likely to bring any person or property into disrepute;
l. use the Platform or Services to violate the privacy of others, or to collect or gather other users’ personal or confidential information (including account information) from our Platform or Services;
m. systematically retrieve data or other content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; or
n. permit or encourage anyone else to commit any of the actions above.
Without affecting any other remedies available to us, VIN2 may permanently or temporarily terminate or suspend a User’s Account or access to the Platform and Services without notice or liability, if VIN2 (in its sole discretion) determines that a User has violated any of these Terms and Conditions.
19. Compliance with Laws – User agrees to comply with all applicable laws in its use of the Platform and Services. Without limiting the generality of the foregoing, User will not engage in any unsolicited advertising, marketing, or other activities using the Services, including without limitation any activities that violate the Telephone Consumer Protection Act of 1991, CAN-SPAM Act of 2003, Canada’s Anti-Spam Legislation (CASL), or any other anti-spam laws and regulations.
20. Proprietary Rights – The Platform, the software, and our Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws and VIN2 and its suppliers retain all right, title and interest (including all copyright, trade secret, and other rights) in and to the Platform, the software, the Website and all content which is included in the Website (other than user content, which remains the property of the User who supplied it). You may not remove any copyright, watermark, author information or other proprietary notices contained in the Service, the Platform, the software, or the Website. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Services and Platform, and the software and product concept, including but not limited to all text, data, computer code, algorithms, and information, are all owned by VIN2 or its licensors or content suppliers. The Platform and all content included on the Platform is the property of VIN2 or its licensors or content suppliers and protected by Canadian and international copyright laws. You agree not to permit access to the Platform to others, and not to publish, reproduce, sublicense or modify any content appearing on the Platform for any purpose without the prior written consent of VIN2.
If you provide feedback regarding the Platform, the Services or our Website, such as recommendations for improvements or features (the “Feedback”), we have the right to use the Feedback in any way. Any development, implementation, or improvement made using any of that Feedback is owned by VIN2 and may become part of the Service, the Platform, the
software, and/or our Website, without any compensation to you. We reserve all rights in and to the Service, the Platform, the software, the Website, and all content provided on or through the Platform and Website.
All trademarks, brands, product and service images, logos and names used in the Service, the Platform, the VIN2 software, and the Website are the trademarks or service marks of VIN2 or its licensors, as applicable. Nothing in the Service, the Platform, the VIN2 software, or the Website shall be deemed to confer on any person any license or right to use any trademark, brand, product and service image, logo or name.
21. Successors and Assigns – All of the provisions of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective lawful successors and permitted assigns.
22. Jurisdiction – These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia and the courts of British Columbia and shall have exclusive jurisdiction to entertain applications for injunctive relief and all other actions arising in connection herewith.
23. Headings – Section headings are not to be considered a part of these Terms and Conditions and are not intended to be a full and accurate description of the contents hereof.
24. Amendment and Waiver – No amendment, change or modification of these Terms and Conditions shall be valid unless in writing signed by the parties hereto. Waiver by one party hereto of breach of any provision of these Terms and Conditions by the other shall not operate or be construed as a continuing waiver.
25. Notices – Notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the Canadian mail, certified or registered, postage prepaid, or by electronic mail provided that return receipt is requested and obtained, or facsimile, or as otherwise set out in these Terms and Conditions. You consent to receive communications from VIN2 electronically. You agree that all agreements, notices, disclosures and other communications that VIN2 provides to you to your contact information as provided in the submitted application or in registering for an Account.
26. Survival – Any provision of these Terms and Conditions which expressly states that it is to continue in effect after termination or expiration of these Terms and Conditions, or which by its nature would survive the termination or expiration of these Terms and Conditions, shall do so, and Sections 8, 9, 14, 15, 20, and 26, together with all other provisions necessary for their interpretation and application, will survive the termination or expiration of these Terms and Conditions for any reason.
27. Unenforceability of Provisions and Severability – If any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms and Conditions, in which event these Terms and Conditions shall be construed as if such provision had never been contained herein and the remainder of these Terms and Conditions shall nevertheless remain in full force and effect.
28. Entire Understanding – These Terms and Conditions constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect.
[End of VIN2 Terms and Conditions of Use]
You acknowledge and agree that your use of the Services and Platform is also subject to VIN2’s “Terms and Conditions of Use”, which may be accessed at Terms and Conditions
1.1 Through the Platform and Services, VIN2 collects information about identifiable individuals (“Personal Information”) relating to use of the Website, the Platform, and the Services by Users, which may include but may not be limited to the following information:
(ii) demographic information that you provide us in connection with creating your Account, which is not unique to you, such as your postal code, age, gender, preferences, interests and favourites;
(iii) information that you provide in connection with obtaining import and export permits and making submissions to regulatory authorities including the NHTSA, related to your use of the Platform and Services;
(iv) usage information, including the information created from your use of the Services, the Platform and the Website, including metadata generated from and location information regarding your use of the Website and log data recording when you have used the Website;
(v) information that you provide to us for the purpose of obtaining or receiving updates about new products, promotions and services, and/or obtaining or receiving notifications, including e-mail notifications;
(vi) geolocation information including information about your location and time zone through which you access the Platform and Services;
(vii) contact information and address information associated with social media and other Internet accounts that you provide to us, including web address, profile and related information associated with your social media and other Internet accounts; and
(viii) information about your online activity, including for example, information about your web browser, Internet Protocol (IP) address, use of the Site, and history. Cookies (small computer files that a website’s server places on your computer) collect information about your online behaviour. You can set your browser to reject cookies, but this may impair our ability to customize and test your experience, like remembering your preferred language or present location-specific information to you. Cookies do not typically contain personal information, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
2.2 VIN2 may use your Personal Information to (and you hereby consent to each of the following uses):
(i) setting up your Account with us;
(ii) provide, update, maintain, administer and operate the Website and Platform and deliver and enable your use of the Services in connection with your use of the Website and Platform, and process transactions related to the Services and the Platform;
(iii) develop tools and features through the use of other information to assess trends in use, search functionality, and other features of the Website, the Platform, and Services;
(v) communicate with Users and contributors;
(vi) set up Accounts, maintaining Accounts, and related activities;
(vii) inform you of other products, promotions or services available from VIN2 and its partners;
(viii) deal with inquiries, complaints, submissions and feedback relating to the Website, the Platform, and/or the Services; and
(ix) verify compliance with agreements between you and us, including the Terms and Conditions of Use of Service associated with the Website, the Platform, and the Services.
2.3 With respect to compliance packages offered by VIN2 including in connection with applications to NHTSA, VIN2 offers no representation, warranty, or guarantee that applications will be approved, or that applications are in the correct form for approval.
2.4 You acknowledge and agree that we may engage other companies and individuals (“Third Party Service Providers”) to perform some or all of the Services on our behalf. These Third Party Service Providers may be provided with access to your Personal Information in order to perform the Services on our behalf. We make commercially reasonable efforts to ensure that all Third Party Service Providers acting on our behalf are obligated to provide a comparable level of protection for your Personal Information to the level of protection that we provide, including using your Personal Information only to the extent necessary to provide the Services on our behalf.
2.6 VIN2 may use your email address to notify you about: VIN2-related news, products, offers, surveys or promotions; actions that have been performed on the Website or Platform including interactions with us through the Website or Platform; and/or notices about your Account or Services. You may opt out of receiving such information by: (i) logging into your Account and disabling certain communication options; or (ii) clicking the unsubscribe link at the bottom of any marketing email you receive from VIN2.
3.4 We may disclose your Personal Information:
(i) in the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business or assets or (subject to confidentiality restrictions) during the due diligence process, in accordance with applicable law; and
(ii) if VIN2 or substantially all of its assets are acquired by a third party, in which case Personal Information held by it about its customers will be one of the transferred assets, in accordance with applicable law.
3.5 We may also disclose your Personal Information to one or more Third Party Service Providers who perform some or all of the Services on our behalf. By way of example:
(i) One or more outside credit card processing companies may be used by VIN2 to process transactions and bill you for the Services offered by VIN2. Payments for the purchase of VIN2’s Services may be processed through Stripe, and Stripe is responsible for the collection, use and disclosure of your credit card information. For more information on Stripe’s security practices, please see https://stripe.com/us/checkout/legal.
(ii) One or more outside wire transfer processing companies may be used by VIN2 to process transactions and bill you for the Services offered by VIN2. Payments for the purchase of VIN2’s Services may be processed through Wise, at VIN2’s discretion. For more information on Stripe’s security practices, please see https://wise.com/terms-and-conditions.
4.3 Depending on your location and subject to applicable law, you may have additional rights with respect to your Personal Information, including:
(i) “Right to be forgotten” – the right to request that we erase your Personal Information in certain circumstances provided by applicable law;
(ii) “Data portability” – the right to request that we send to another company, where technically feasible, your Personal Information; and
(iii) the right to request that we restrict the processing of your Personal Information in certain circumstances; for example, if you contest the accuracy of the Personal Information while we are verifying the accuracy thereof.
In order to exercise these rights, you may contact VIN2’s designated Privacy Officer at [NTD – Insert E-mail address for privacy officer of VIN2]. We will comply with your request to the extent possible and as required by applicable law.
5.2 If you disclose Personal Information or personally sensitive data through any public area of the Website, the Platform, and/or the Services, that Personal Information may be collected, used, and/or disclosed by other users. The collection, use, and disclosure of Personal Information and personally sensitive data made available in this fashion cannot be controlled by VIN2, and VIN2 accepts no responsibility or liability for the unauthorized collection, use, and/or disclosure of Personal Information and personally sensitive data that you make available in this fashion.
6.1 We receive and store certain types of computer information whenever you interact with our Website. Examples of the information that we may automatically receive and store may include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; and the full Uniform Resource Locators (URL) click stream to, through, and from our Website, including date and time information relating to your visits. We may use IP addresses to analyze trends, administer the Website, track user’s movement, to determine what aspects of the Website, Services, and Platform are the most popular, advertise, and gather broad demographic information for aggregate use.
6.2 Such automatically gathered information may be used by VIN2 for the operation of the Services provided to you via the Website and/or the Platform, to maintain the quality of the Services provided through the Website and/or the Platform, and to provide VIN2 with general statistics relating to use of the Website and the Platform.
7.1 VIN2 secures your Personal Information from unauthorized access, use and disclosure by third parties. You acknowledge and agree that We may, at our sole discretion, use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, and disclosure. For example, VIN2 may secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When Personal Information is transmitted to other web sites or third parties for the purposes specified above, we may also, or in the alternative, protect it through the use of encryption, such as by way of the Secure Socket Layer (SSL) protocol.
7.2 There are always risks associated with providing Personal Information and sensitive data, whether in person, by phone, mobile, or tablet device, via the Internet or via other technologies. In particular, you acknowledge that the transmission of information and data over the Internet is inherently insecure, and there are no security systems that are completely safe or fool-proof against hacking or tampering. VIN2 endeavours to take commercially reasonable precautions to prevent and minimize such risks in connection with your use of the Website, the Platform, and the Services, but VIN2 offers no (and hereby expressly disclaims any) guarantee, representation, warranty, or covenant of any kind with respect to the same.
7.3 You are solely responsible for controlling access to your Account(s) associated with the Website and Platform and the Services available through the Website and Platform, and for maintaining the confidentiality and security of your accounts and related password information. You are entirely responsible for all activities that occur on or through your Account(s), and VIN2 shall not be responsible for any losses arising out of the unauthorized use of any of your Account(s) associated with the Website, the Platform, and the Services available through the Website and Platform.
(i) will retain Personal Information relating to your Account(s) for legitimate business and legal purposes including all records related to access and use of the Services by Users;
(ii) when possible, will restrict the retention of Personal Information to the shortest possible time period; and
(iii) may pseudonymize some Personal Information for ongoing retention without identifying features.
8.1 A “cookie” is a small text file consisting of alphanumeric identifiers that is placed on your hard disk by a Web page server. The identifier is then sent back to the Web page server each time the browser requests a page from the Web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you.
8.3 Cookies do not typically contain Personal Information, but Personal Information that we store about you may be linked to the information stored in and obtained from cookies.
8.5 If you do not wish to receive cookies, or want to be notified of when they are placed, you may set your web browser to do so, if your browser so permits. If you wish to delete cookies, you may set your web browser to do so, if your browser so permits. You acknowledge and agree that if cookies are turned off or deleted, you may not be able to view certain parts of the Website or use certain of the Services available through the Website or certain features or functionalities thereof.
The Website and the Platform may include links to, and details of, third party web sites or Internet resources. Any links on the Website or Platform are provided for your convenience. VIN2 does not endorse, approve of, verify, attest to, or offer any representation or warranty with VIN2 as to, the accuracy of the content of such web sites that are linked or Internet resources that are linked from the Website and the Platform. If you decide to leave the Website or the Platform and access these third-party sites, you do so at your own risk.
When you click on one of those links you are contacting another web site or Internet resource that may collect information about you, including Personal Information, voluntarily or through cookies. The privacy policies of such third parties may not mirror those of VIN2, and you should review the privacy policies of web sites or Internet resources which you choose to access from the Website or the Platform, so that you understand how those web sites or Internet resources collect, use and share your information. VIN2 has no control over other web sites or Internet resources or their policies regarding the collection, use, and disclosure of your Personal Information, and VIN2 accepts no responsibility or liability for the privacy practices of third parties, including any unauthorized collection, use, or disclosure of your Personal Information through third party web sites or Internet resources.