Privacy Policy

Updated: June 18, 2019

Vitalware, LLC (“Vitalware”) is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services, including our application and cloud-based services (collectively, "Services"). This Privacy Policy covers the privacy practices that apply when Vitalware clients (“Clients”) use the Service. This policy also covers the Vitalware website vitalware.com, and secure.vitalware.com and is applicable worldwide.

This policy outlines our handling practices and how we collect and use the Personal Data you provide during your online and offline interactions with us. As used in this Privacy Policy, “Personal Data” means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, postal or other physical address, title, and other personally identifiable information.

Vitalware will be the Controller of your Personal Data that is provided, collected and/or processed pursuant to this Privacy Policy in order to, for example, respond to requests for information or service, conclude a business transaction, provision the service, or otherwise for Vitalware’s business purposes. Vitalware will be a Processor of data that is entered into the service when a Client uses the Services. If you have any questions about whether any of foregoing applies to you, please contact us using the information set forth in the Contact Us section below.

This policy may be updated from time to time for reasons such as operational practices or regulatory changes, so we recommend that you review our Privacy Policy when returning to our website. If we propose to make any material changes, we may notify you by means of a notice on this page prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Collection of your Personal Data

We may collect, either as Controller or Processor, the following categories of Personal Data about you when you use or otherwise interact with our Service:

  • Name
  • Title
  • Email address
  • Home/work/mobile telephone number
  • Postal or other physical address
  • Organization
  • Comments
  • IP addresses and other information collected passively, as further detailed in the “Passive Collection” section below
  • Our servers may automatically record certain information when you use the Service, including your IP address, operating system type, and version, client version, IP addresses along the network path, and the MAC address of your internet connection (“Host Information”)
  • We also automatically record information about your usage of the Service, such as actions taken, date and time, frequency, duration, quantity, quality, network connectivity, and performance information related to logins, clicks, and other feature usage information (“Usage Information”)

Passive Collection

Vitalware and our third-party service providers may automatically collect some information about you when you use our Services, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the website and/or Services.

In addition, when you use some of our Services, network information is transmitted back to us such as Service usage information. This information is transmitted back to us, so we can determine how users are interacting with our Services, to assist us with improving our Services, and to correct any problems that may occur.

Processing of your Personal Data

We may use your Personal Data only in accordance with our Privacy Policy. If you do not wish us to continue using your Personal Data in this manner, you can request that your account be deactivated by contacting us as specified in the Contact Us section.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, such as your user agreement with us that allows us to provide you with the Services) and our “legitimate interests” or the legitimate interest of others (e.g. our users).

We process Personal Data when you use our website or applications to use or sign-up to use our Service for purposes such as:

  • Account configuration
  • Account maintenance
  • Hosting and storing personal data from the application(s) (only to provide the Service)
  • Personalizing, improving or operating our Service and business
  • Fulfilling requests you make related to the Service
  • Protecting, investigating and deterring against fraudulent, harmful, unauthorized or illegal activity
  • Providing reports based on information collected from the use of our Service
  • Processing your requests and delivering the Service that you have ordered
  • Providing support and assistance for our Service
  • Providing client feedback and support
  • Complying with our contractual and legal obligations and enforcing our agreements

We process Personal Data when you visit our website to:

  • To keep you up to date on the latest Service announcements, updates, system enhancements, and other information
  • To provide client feedback and support (vitalware.com)
  • To provide and administer other marketing or promotional activities on the vitalware.com website
  • To the extent you choose to participate, to conduct questionnaires and surveys in order to provide better products and services to our Clients and authorized end users
  • To support recruitment inquiries (vitalware.com)
  • To personalize marketing communications and website content based on your preferences, such as in response to your request for specific information on products and services that may be of interest
  • To contact individuals that you refer to us and identify you as the source of the referral

Choice

You can choose whether to provide Personal Data to Vitalware, but note that you may be unable to access certain options, offers, and services if they require Personal Data that you have not provided.

Data Subject Rights

You have certain rights with respect to your Personal Data as set forth below. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request, which may be Personal Data, for example, if we need to verify your identity or the nature of your request. In such situations, however, we may still respond to let you know of our decision.

To make any of the following requests, contact us using the contact details referred to in the Contact Us section of this policy.

  • Access
    You can request more information about the Personal Data we hold about you. You can also request a copy of the Personal Data.
  • Rectification
    If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your service account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
  • Objection
    You can contact us to let us know that you object to the collection or use of your Personal Data for certain purposes.
  • Erasure
    You can request that we erase some or all of your Personal Data from our systems. Data subjects who want their data deleted can do so by deactivating their account. Deactivation may delete all account usage and related information. If you are not a Vitalware client and would like your data deleted, please contact the data Controller directly about deleting information.
  • Restriction of Processing
    You can ask us to restrict further processing of your Personal Data.
  • Portability
    You have the right to ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
  • Withdrawal of Consent
    If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
  • Right to File Complaint
    You have the right to lodge a complaint about Vitalware’s practices with respect to your Personal Data with the supervisory authority of your country.

Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we may respond to your request within a reasonable timeframe and provide you an explanation. In order to make such a request of us, please contact our Privacy Team.

Data Retention

How long we retain your Personal Data depends on the type of data and the purpose for which we process the data. We may retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.

Cookies and Tracking Technologies

Vitalware and our partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and gather information about our user base, such as location information based on IP addresses. Users can control the use of cookies at the individual browser level.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our properties.

Interest-Based Advertisements

We may, from time to time, partner with third parties to either display advertising on our website or to manage our advertising on other sites. Some of our third-party partners use technologies such as cookies and other technologies to gather information about your activities on this website, our affiliates’ websites, and unaffiliated websites in order to provide you advertising based upon your browsing activities and interests.

Geolocation

We may collect information about where you are located when you are using our Services. We use this information for purposes such as optimizing your connection to our data center, supporting compliance, and suggesting customizations to your experience with our Services.

Sharing your Personal Data

We do not sell or rent your Personal Data to third parties for any purposes, including marketing.

We may share Personal Data within Vitalware and its affiliated companies, and with third party service providers for purposes of data processing or storage.

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy. As required by law, we may respond to subpoenas, court orders, or similar legal process by disclosing your Personal Data and other related information, if necessary. We also may use Personal Data and other related information to establish or exercise our legal rights or defend against legal claims.

We collect and possibly share Personal Data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Vitalware's terms of service, or as otherwise required by law.

While navigating Vitalware's website or Services, you may be directed to content or functionality that is hosted by a third-party. When information is collected on behalf of Vitalware exclusively, Vitalware's Privacy Policy shall be referenced and shall govern how your information is used. For other, non-Vitalware sites or services, the site/service owner's privacy policy may be referenced. You should review such third party’s privacy and security policies prior to use.

Security of your Personal Data

Vitalware is committed to protecting the Personal Data you share with us. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Data from unauthorized access, use or disclosure.

We recommend you take every precaution in protecting your Personal Data when you are on the Internet. For example, change your passwords often, use a combination of upper and lower-case letters, numbers, and symbols when creating passwords, and make sure you use a secure browser. If you have any questions about the security of your Personal Data, you can contact our Privacy Officer.

Transfer and Storage of Personal Data

Our Services are hosted and operated in the United States (“U.S.”) through Vitalware and its service providers. We may transfer your Personal Data to third parties acting on our behalf for the purposes of processing or back-up storage. By using any of our Services or providing any Personal Data for any of the purposes stated above, you consent to the transfer and back-up storage of your Personal Data, whether provided by you or obtained through a third party, to the U.S. as set forth herein, including the hosting of such Personal Data on U.S. based servers.

Contact Us

To address your individual rights or if you have any privacy-related questions or comments related to this privacy policy, please send an email to our Privacy Officer. You can also contact us by writing to this address:

Vitalware
Attention: Privacy Officer
1200 Chesterly Drive
Suite 260
Yakima, WA 98902
TF: (855) 464-2310
Privacy Officer