Data Vault Holdings Inc. (collectively with its subsidiaries, “Datavault” or “we”) is committed to protecting consumer privacy, which includes the security of personal information that we hold and use. Datavault operates this website and provides data creation, management, analysis and valuation services to our clients (collectively, the “Services”).
“Data Processor” means a third party that processes Personal Information on behalf of and pursuant to the instructions of Datavault.
“Personal Information” means any information relating to an identified individual, or to an individual who can be identified, directly or indirectly, by reference to such information, which may include, an identification number or one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. Without limiting the foregoing, Personal Information does not include information that is de-identified or corporate information that relates to an organization but not to an individual, such as a corporate name, corporate address or general corporate phone number.
Information We Collect from or About You
Personal Information You Provide to Us. We collect Personal Information that you provide to us through our Services, and in connection with other business dealings we, or our channel sales and business partners, may have with you. Such information may include:
Information We Receive from Third Party Sources: Some third parties such as our business partners and service providers provide us with Personal Information about you, such as the following:
Usage Information We Collect. In addition to Personal Information that you choose to submit to us, whenever you visit or interact with our Services, we may collect or store information about your interaction with our Services (“Usage Information”). This Usage Information may include:
We use certain common methods and technologies to collect and store Usage Information about your interaction with our Services (“Analytic Technologies”). These Analytic Technologies may be downloaded to the personal computer, laptop, tablet or mobile phone that you use to access the Services (“Your Device”). The specific Analytic Technologies that we use are as follows:
Information We Receive from Third Parties. We may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. This includes basic contact information about you, such as your name, company name, title, address, phone number, fax number and email address. It may also include information on the content, products or services you have shown interest in or may be interested in purchasing from us, as well as information on other companies or individuals with whom you do business. We may also obtain Personal Information about you from third parties in connection with business transactions you initiate with us, such as through credit verification or other processes related to the transaction.
How We Use Your Information
Business Use. We use your Personal Information primarily to facilitate our ongoing and proposed business dealings with you (“Business Use”). This includes to: (1) process business transactions with us that you initiate, including without limitation orders of products and services and the creation of user profiles for our Services; (2) establish and maintain customer accounts so that we may provide products or services of ours requested by you or your company; (3) register you as a user of the Services so that you may access them through our websites or otherwise; (4) communicate with you about updates, maintenance, outages or other technical matters concerning the Services; (5) provide you with training and support regarding usage of the Services; (6) notify you about changes to any of the policies and procedures for use of the Services; (7) verify the accuracy of account and technical contact information we have on file for you and your company in relation to the Services; and (8) respond to questions or inquiries that you or your company may have about the Services. We also may use your Personal Information as required for us to comply with laws and regulations relating to the products or services that we provide in any of the jurisdictions in which we or our affiliated companies operate, including the United States, and we may use Usage Information internally within Datavault to help us improve our products or services, or to develop new products or services.
We may also use your Personal Information to personalize the content of the Services and communications based on your preferences, and to comply with our legal or contractual obligations and to resolve disputes. Additionally, we may use your Personal Information to protect against or deter fraudulent, illegal or harmful actions and to enforce our user agreements and Terms of Service.
Marketing Purposes. With your consent or as otherwise permitted by applicable law, we may use your Personal Information for purposes relating to the marketing of our content, products and services, or those of our business partners (“Marketing Purposes”). This includes to: (1) send you newsletters, press releases, event announcements and other similar communications regarding the products or services that we offer; (2) market or promote our products or services to you, including by offering you trial or limited access to certain of our products or services; (3) solicit input from you regarding improvement of our products or services; (4) inform you of third-party offerings that we think you or your company may be interested in which relate to our products or services; (5) send you announcements or requests on behalf of other customers of ours who believe you would benefit from use of our products or services; and (6) other purposes that we disclose to you at the time we obtain your consent.
Referrals. From time to time, we may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. We receive such Personal Information because you have consented towards the third party that they might share your Personal Information. If we use that information to contact you, it will only be to see if you are interested in our products or services, or those of our business partners. We will not use this information for other purposes without your consent. In addition, if you inform us that you are not interested in these products or services, we will stop using the information to contact you.
Data Integrity. You are responsible for the accuracy of all Personal Information that you provide to us. We will use reasonable efforts to maintain the accuracy and integrity of your Personal Information, and to update that information as appropriate. We will take reasonable steps to ensure that the Personal Information we collect from you is relevant to its intended use, and that it is used only in ways that are compatible with the purposes for which it was collected or otherwise authorized by you.
With Whom We May Share Information
Outside of Datavault. We may share your Personal Information with “Data Processors” as described below, and with other third parties for purposes disclosed to you at the time you provided the information, or as subsequently authorized by you. From time to time, we also may offer you the option of sharing your Personal Information with third parties in order to receive information and/or marketing offers from them or other persons. If you consent to the sharing of your Personal Information for these purposes, it will be subject to the privacy policies and business practices of those third parties. If you later decide that you no longer want us to share Personal Information with such third parties, please contact us as indicated below under the section “Choice and Updating Your Information And Preferences.” We will process your request in a reasonable period of time. Note, however, that if you no longer wish to receive communications from a third party which has already received your Personal Information from us, you will need to contact that third party directly to inform them of this.
Partners. We may also share your contact information with the following partners so that we can better serve you:
Links to Other WebServices and Applications. The Services may contain various links to, as well as plug-ins or widgets from, social media and other third-party websites or applications, which may provide additional information, goods, services and/or promotions. These third-party websites or applications are owned and operated independently of Datavault, and may have their own separate privacy and data collection practices. We are not responsible for the privacy practices of any third party. Therefore, you should review their privacy policies and practices prior to interacting with their websites or applications, using any of their tools, or sharing any of your Personal Information with them.
Community Forums. The Services may offer message boards, chat rooms, blogs and other public areas (“Community Forums”) where you can interact with our employees, other customers, post images, data, requests, questions, comments, suggestions or other content, including your Personal Information (“User Submissions”). To participate in Community Forums, you may be asked to select a user name and password and/or provide us with your email-address, and to agree to the terms of participation for those Community Forums. We use this information to identify you and to contact you, if needed, for the provision of those Community Forums. You are able to change your email preferences or discontinue your participation in the Community Forums at any time. Your password and your email-address will not be visible to other users or shared with third parties. You should be aware that any User Submissions you post to a Community Forum, as well as your user name, may be viewed by other members of that forum. If you choose to voluntarily post User Submissions to a Community Forum, be aware that such information is viewable by anyone else on that Community Forum. Think carefully before you post and use caution before disclosing any Personal Information in a Community Forum. We are not responsible for the accuracy, use or misuse of any User Submission that you disclose or receive through a Community Forum. We might also delete User Submissions without further notice if they include harmful or inappropriate content (e.g., pornographic material, content encouraging vandalism, crime, terrorism, racism, violence or cruelty), or infringe any third party’s rights or applicable law.
Promotions. We may offer various promotions (“Promotions”) through the Services or elsewhere that may require registration with your Personal Information. If you choose to enter or otherwise participate in a Promotion, your Personal Information may be disclosed to third parties in connection with administration of the Promotion, such as in connection with winner selection, prize fulfillment and as otherwise required by law. By entering into a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. These rules will be displayed to you during the registration process, and you will be asked for your consent to the respective data processing at that time.
Choice and Updating Your Information and Preferences
We reserve the right to take reasonable steps to authenticate the identity of any individual seeking access to Personal Information. We may provide web pages or other mechanisms on the Services through which you can update subscription preferences. You can also contact us to update your Personal Information or change your preferences. Our contact information for these purposes is by email at email@example.com. If you receive a marketing communication from us by email, you may also opt out of receiving future email marketing communications by following the opt-out instructions provided in that email. Please note that we reserve the right to send you certain communications relating to transactions you initiate, your customer account, your use of the Services, or other business matters, and that these communications may be unaffected if you choose to opt-out from marketing communications.
In accordance with our routine record keeping and applicable law, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of that information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Also, if you have posted any User Submissions to a Community Forum, these communications cannot generally be removed.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org.
We will take reasonable precautions to protect your Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration or destruction. We will make reasonable efforts to keep your Personal Information reliable for its intended use, accurate, current and complete. As necessary, we will take additional precautions regarding the security of particularly sensitive information, such as credit card information. While we strive to secure your Personal Information, we cannot warrant or guarantee that this information will be protected under all circumstances, including those beyond our reasonable control.
The Services are intended for business use. We do not knowingly collect or solicit Personal Information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at email@example.com.
European Data Subjects: EU General Data Protection Regulation (GDPR)
When you submit Personal Information to Datavault you are consenting to the transfer of the Personal Information to the United States or other jurisdictions which may be outside of the jurisdiction in which you reside and which may not provide the same protections and use restrictions on Personal Information as your jurisdiction of residence. All Personal Information received in the United States from the European Union, such as Personal Information about former, current, or prospective corporate customer contacts received from the EU is referred to collectively as “EU Personal Data”. “Data subject” means an individual who is the subject of the EU Personal Data.
You have the right to exercise choice (opt-out) from our disclosure of personal data to a third party. (Please see the section on With Whom We May Share Information above for details of such disclosures.) You also have the right to opt out of the use of your EU Personal Data for direct marketing purposes. To exercise these rights, please send us an email at firstname.lastname@example.org or follow the instructions in any direct marketing message you may have received (e.g., click the provided opt-out link in the email message).
Please contact us at email@example.com if you have any questions, wish to exercise your rights of access, or to request the correction, amendment, removal and/or limitation of the use and disclosure of your EU Personal Data or seek other assistance as described above.
For this GDPR section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Datavault is the controller of your Personal Data processed in connection with the Services. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
How Do We Use Your Personal Data? Please refer to the section on How We Use Your Information above for details of how we use and process your Personal Data.
Lawful Bases for Processing. We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing may include consent, contractual necessity and our “legitimate interests,” as further described below.
How Long Do We Retain Your Personal Data? We retain Personal Data about you as set forth on our company’s data retention policy. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, we protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We also require also require our supplier and vendors to protect such information from unauthorized access use and disclosure.
Personal Data of Children: The Sites are intended for business use. We do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at firstname.lastname@example.org.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email email@example.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Information for Residents of Brazil/ Brazilian General Data Protection Law (LGPD) Notice
This section applies only to Brazilian residents. We adopt this notice to comply with the Brazilian Data Protection Law Lei Geral de Proteção de Dados Pessoais (Law No. 13,709/2018) ("LGPD"). Any terms defined in the LGPD have the same meaning when used in this notice.
In addition to the rights outlined in this privacy poloicy, as a user located in Brazil, you may be able to exercise the following rights with respect to your personal information that we have collected, subject to certain limitations:
Please note that not all of these rights listed above are absolute, and limitations/exceptions apply in some cases. For example, we may not be able to fully comply with your request if we are bound by certain legal restrictions or contractual requirements, but in those circumstances, we will still respond to notify you of such a decision.
To exercise the data portability and deletion rights described above, please submit a verifiable consumer request to us by calling us toll free at (844) DATA-400, or via email to firstname.lastname@example.org.
For all LGPD requests, we guarantee to respond within 15 days.
Information for California Residents / Your California Privacy Rights Notice
Scope. This section applies only to California residents. It describes how we collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to that Personal Information. For purposes of this section, the term “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section. For personal information that we may have because a business has engaged us as an identity verification and fraud prevention service provider, you need to contact that business.
Your California Privacy Rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
Right to Information, Access and Deletion. You may submit requests to exercise your right to information, access or deletion by calling us toll free at (844) DATA-400, or via email to email@example.com.
Notice of Right to Opt-Out of the “Sale” of Your Personal Information. Like many companies, we use services that help deliver interest-based ads to you. Our use of some of these services may be classified under California law as a “sale” of your Personal Information to the advertising partners that provide the services because they collect information from our users (e.g., device data and online activity data) to help them serve ads more likely to interest you. You can request to opt-out of this “sale” of your personal information here: Do Not Sell My Personal Information.
Verification. In order to respond to your request and to ensure we are dealing with a true and honest person, we will need to verify your identity. We also reserve the right to confirm your California residency. To verify your identity, we may require government identification, a declaration under penalty of perjury or other information. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with confirmation that you have given the authorized agent permission to submit the request.
Statutory category and details of personal information (PI)
Source of PI
Categories of third parties to whom we “disclose” PI for a business purpose
California Customer Records
(as defined in California Civil Code section 1798.80)
Internet or Network Information
May be derived from your:
Protected Classification Characteristics
We do not collect this information.
Information for Nevada Residents / Your Nevada Privacy Rights
Effective October 1, 2021: We comply with the requirements of the Nevada Privacy law, which provides residents with choices regarding how we share information.
Nevada Covered Personal Information. Nevada Covered Personal Information ("Nevada PI") includes personally identifiable information about a Nevada consumer collected online, such as an identifier that allows the specific individual to be contacted. Nevada PI also includes any other information about a Nevada consumer collected online that can be combined with an identifier to identify the specific individual.
Your Rights Under Nevada’s Privacy Law. You can ask us not to sell your Nevada PI by calling us toll free at (844) DATA-400, or via email to firstname.lastname@example.org.. Once we receive and verify your request, we will not sell this information unless you later allow us to do so.
Last updated: March 18, 2022