Valmarc Corporation
Mobile Application Terms of Use

07/08/16 

VALMARC APPLICATON : TERMS OF USE

BY USING THIS VALMARC CORPORATION MOBILE APPLICATION (THE “VALMARC APP“), THE USER (“USER” OR “YOU“) ACCEPTS THESE TERMS OF USE (“TERMS“). THESE TERMS CONSTITUTE A BINDING AGREEMENT GOVERNING USE OF THE VALMARC APP BETWEEN YOU AND VALMARC CORPORATION, INCLUDING ITS SUBSIDIARIES AND RELATED AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY REFERRED TO AS “VALMARC“). BY DOWNLOADING, INSTALLING OR USING THE VALMARC APP, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. SHOULD YOU NOT ACKNOWLEDGE AND AGREE TO THESE TERMS YOU MUST IMMEDIATELY UNINSTALL THE VALMARC APP AND DISCONTINUE ITS USE.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCEPTING, DOWNLOADING, INSTALLING OR USING the VALMARC APP.

By accessing or using the VALMARC APP on any mobile phone, tablet, console or other device (collectively referred to as “Device“), you confirm and signify that you have read, understand and agree to be bound by these TERMS and any other applicable law. VALMARC may change these TERMS at any time without notice, effective upon its posting of any change of the TERMS to the VALMARC APP. Your continued use of the VALMARC APP after any change shall be considered your acceptance to the revised TERMS. If you do not agree to these TERMS, please do not use the VALMARC APP.

 

GENERAL INFORMATION : The VALMARC SYSTEM

The VALMARC System (“SYSTEM“) has been designed by VALMARC to enable you, as a consumer, to communicate directly, securely and privately with a major brand company (“BRAND“) while you, the consumer, are holding the BRANDS’s product or package in your hand.

 

INTELLECTUAL PROPERTY

All intellectual property in the SYSTEM and the VALMARC APP (except for “User Generated Content” as defined below) is owned by VALMARC or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks, database rights and trade names (e.g., the VALMARC name and the “V” design) are owned, registered and/or licensed by VALMARC.

All content in the VALMARC APP (except for “User Generated Content” as defined below), including but not limited to text, software, scripts, code, underlying software code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content“) is a collective work under the United States and other copyright laws and is the proprietary property of VALMARC; All rights reserved.

All content delivered from the BRAND to you via the VALMARC APP is and remains the intellectual property of the BRAND.

VALMARC APP : Use and Restrictions on Use and USER Modification

VALMARC grants to you free of charge a worldwide, non-exclusive, royalty-free revocable license to use the VALMARC APP for your business and personal non-commercial use in accordance with these TERMS.

 

VALMARC reserves the right  to amend or withdraw the VALMARC APP provided to you in accordance with these TERMS, at any time and for any reason.

 

You agree not to change or delete any ownership notices from materials downloaded or printed from the VALMARC APP. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the VALMARC APP, including “User Generated Content” (defined below), without VALMARC’s prior written consent, unless it is your own User Generated Content that you legally post on the VALMARC APP. You agree not to use any data mining, robots, scraping or similar data gathering methods.

 

You will not, nor will you allow third parties on your behalf to (i) make and distribute copies of the VALMARC APP (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the VALMARC APP, or (iii) create derivative works of the VALMARC APP of any kind whatsoever.

 

Nothing in these TERMS shall be interpreted as granting any license of intellectual property rights to you.

USERNAME/PASSWORD – Safeguard Warning

You are responsible for any actions that take place while using the VALMARC APP. Keep your username/password secure and do not allow anyone else to use your username/password to access the VALMARC APP. VALMARC is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

 

VALMARC APP : User Age Requirements

To become a user of the VALMARC APP, to communicate with the BRAND and to post User Generated Content, you may be required to register for a VALMARC and or BRAND account. You agree to provide accurate and current information about yourself in all registration forms on the VALMARC APP. The VALMARC APP is intended solely for users who are thirteen (13) years of age or older and it is a violation of these TERMS for anyone under thirteen (13) to register for the VALMARC APP. You represent and warrant that you are thirteen (13) or older. Users between the ages of thirteen (13) and eighteen (18) must review these TERMS with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these TERMS. Should the User’s parent or legal guardian not acknowledge or agree to these TERMS, the User must immediately uninstall the VALMARC APP and discontinue its use. Your VALMARC or BRAND account may be deleted without warning if you misrepresent your age at any time.

Refer to the MOBILE PRIVACY POLICY below for further information concerning your privacy rights.

USER GENERATED CONTENT : Definition

User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other VALMARC APP users post or otherwise make available on or via the VALMARC APP, except to the extent the Content is owned by VALMARC or the BRAND.

USER GENERATED CONTENT : Posting Rules and User Conduct

You are solely responsible for your User Generated Content, your interactions with other users and your activity on or via the use of the VALMARC APP. You agree not to take any action or post anything that may expose VALMARC, the BRAND or other VALMARC APP users to any harm or liability of any type.

“Flaming” and insults are prohibited. You agree not to post User Generated Content or a link to a website, that, in VALMARC’s or the BRAND’s discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You agree not to post photos or videos of another person without that person’s consent. You agree not to “stalk,” intimidate, abuse, harm or harass another VALMARC APP user or person.

You agree not to post personal information. You agree not to collect or solicit personal information from other VALMARC APP users or send unsolicited emails or other communications. You agree not to collect, use or post on the VALMARC APP the private information of anyone else without their written consent or for illegal purposes.

The VALMARC APP is not to be used for any commercial purpose. You agree not to post any advertising, solicitation or commercial content whatsoever on the VALMARC APP or accept payment from a third party in exchange for your performing commercial activity on the VALMARC APP. You agree not to post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” You agree not to use automated scripts to collect information from, or otherwise interact with, the VALMARC APP.

You agree not to impersonate any person or entity, including without limitation VALMARC or BRAND Board members, executives, employees or agents. You agree not to misrepresent yourself, your age or your affiliation with any person or entity. You agree (a) not to register for more than one VALMARC or BRAND account via the VALMARC APP, (b) not to register a VALMARC or BRAND account on behalf of another individual, group or entity, or (c) not to sell or transfer your profile or account(s). You agree not to use or attempt to use another person’s account, username or password.

You agree and promise that you own or control all rights in any User Generated Content that you post via use of the VALMARC APP. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You agree and promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant VALMARC all of the license rights granted in these TERMS.

You agree not to post any User Generated Content, take any action or use the VALMARC APP in a way that violates any law, would create liability or promotes illegal activities. You agree not to take any action on the VALMARC APP designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the VALMARC APP. You agree not to post User Generated Content that contains software viruses, programs or other computer code. You agree not to circumvent or modify any VALMARC APP security technology or software.

USER GENERATED CONTENT : Additional Terms

 

Use of the VALMARC APP and posting or otherwise making available User Generated Content on or via the VALMARC APP is limited to its contemplated functionality.

 

VALMARC does not prescreen User Generated Content. VALMARC does not guarantee the VALMARC APP will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. VALMARC is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the VALMARC APP. Even in the event VALMARC chooses to monitor any User Generated Content, VALMARC assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.

 

VALMARC and the BRAND reserve the right, in their discretion, to edit, remove Content, or refuse to post any User Generated Content, and or terminate any VALMARC or BRAND User Account or License, and or assist law enforcement in the prosecution of criminal liability, and or assert a civil or criminal legal action with respect to User Generated Content or use of the VALMARC APP, that VALMARC and or the BRAND reasonably believe is or might be in violation of these TERMS. VALMARC’s or the BRAND’s failure or delay in taking such actions does not constitute a waiver of VALMARC’s or the BRAND’s rights to enforce these TERMS.

USER GENERATED CONTENT : VALMARC’s Rights

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to VALMARC and the BRAND (if applicable) a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, whether commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment or compensation due to you.

COPYRIGHT INFRINGEMENT : Complaints

If you believe that your work has been improperly copied and posted on or via the VALMARC APP, such that it constitutes infringement, please provide VALMARC with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the VALMARC APP the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give VALMARC legally sufficient notice of infringement to VALMARC. Send copyright infringement complaints to:

Valmarc Corporation

109 Highland Avenue

Needham, MA 02494

(339) 225-4544 (tel)

(339) 225-4546 (fax)

www.valmarc.com

We suggest that you consult your legal advisor before filing a notice with VALMARC’s copyright agent, because there may be penalties for false claims.

LINKS – BRAND PLATFORM

The VALMARC APP may contain a link or links to BRAND websites, applications or other products or services operated by the BRAND (“BRAND PLATFORM“). VALMARC does not monitor or have any control over the BRAND PLATFORM, which have separate terms of use and privacy policies. VALMARC is not responsible for the content or policies of the BRAND PLATFORM and your accessing the BRAND PLATFORM is done at your own risk.

MOBILE SERVICES and SYSTEM/SOFTWARE REQUIREMENTS

The VALMARC APP contains services and features that are available to certain mobile Devices.

You acknowledge that the terms of agreement with your respective mobile network provider (�Mobile Provider�) will continue to apply when using the VALMARC APP. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the VALMARC APP or any such third party charges as may arise. You accept responsibility for any such charges that arise.

If you are not the bill payer for the Device being used to access the VALMARC APP, you will be assumed to have received permission from the bill payer for using the VALMARC APP.

The VALMARC APP is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. VALMARC will use reasonable efforts to make the VALMARC APP available at all times. However you acknowledge the VALMARC APP is provided over the internet and mobile networks, so the quality and availability of the VALMARC APP may be affected by factors outside VALMARC�s reasonable control.

In order to access and use the VALMARC APP, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”).The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3; Language: English, Italian, German, Spanish, French.

The current version of the VALMARC APP software may be upgraded from time to time to add support for new functions and services.

VALMARC does not accept any responsibility whatsoever for unavailability of the VALMARC APP, or any difficulty or inability to download or access content or any other communication system failure which may result in the VALMARC APP being unavailable. VALMARC will not be responsible for any support or maintenance for the VALMARC APP.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VALMARC, its affiliated companies, officers, directors, employees, agents, licensors, contractors, suppliers, customers (including the BRAND), and anyone involved in creating or providing the VALMARC APP from and against all claims, losses, liabilities, expenses, fines, penalties, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use or misuse of Content, your use or misuse of the VALMARC APP, your conduct in connection with the VALMARC APP or with other VALMARC APP users, or any violation of these TERMS, and any law or the rights of any third party.

 

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. VALMARC is not responsible or liable for any loss or damage resulting from any interaction with other VALMARC APP users, persons you meet through the VALMARC APP, or persons who find you because of information posted on or via the VALMARC APP. You agree to take reasonable precautions in all interactions with other users of the VALMARC APP, and conduct any necessary investigation before meeting another person. VALMARC is under no obligation to become involved in any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE VALMARC APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE VALMARC APP’S SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

VALMARC is not responsible or liable for any Content posted on the VALMARC APP or for any offensive, unlawful or objectionable content you may encounter on or through the VALMARC APP. The VALMARC APP, its Content, and the materials and products on the VALMARC APP are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, VALMARC disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. VALMARC cannot guarantee and does not promise any specific results from your use of the VALMARC APP. VALMARC does not represent or warrant that the operation of the VALMARC APP will be uninterrupted or error-free, that any defects will be corrected, or that the VALMARC APP or the server that makes the VALMARC APP available are free of viruses or anything else harmful. To the fullest extent permitted by law, VALMARC does not make any warranties or representations regarding the use of the materials or Content in the VALMARC APP in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Valmarc does not warrant against interference with your enjoyment of the VALMARC APP. Valmarc does not warrant that the functions contained in the VALMARC APP will meet your expectations or requirements. No oral or written information or advice given by VALMARC or an authorized VALMARC representative shall create a warranty. 

You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other Device in which you access the VALMARC APP, loss of data or other harm of any kind that may result. VALMARC is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the VALMARC APP. Should the VALMARC APP prove defective, you assume the entire cost of all necessary servicing, repair or correction. 

Note that some jurisdictions do not permit limitations or exclusions on warranties or limitations on applicable statutory rights of a consumer, so the above limitations may not apply to you.

 

LIMITATION OF LIABILITY

To the extent not prohibited by law, in no event shall VALMARC be liable for any personal injury or any direct, indirect, special, incidental or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the VALMARC APP or arising out of or related to the performance of the VALMARC APP or the conduct of other VALMARC APP users (whether online or offline) or arising out of or related to any communication or contact with the BRAND via the VALMARC APP, User Generated Content, however caused, regardless of the theory of liability (contract, tort or otherwise), even if VALMARC has been advised of the possibility of such damages.

 

You assume total responsibility for your use of the VALMARC APP. Your only remedy against VALMARC for your use of the VALMARC APP or any Content is to stop using the VALMARC APP. It is understood that if VALMARC is found to be liable to you for any damage or loss which is in any way connected with your use of the VALMARC APP or any Content, VALMARC’S liability shall not exceed the amount of one hundred dollars($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Note that applicable law may not allow the limitation or exclusion of liability for personal injury or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Further note that nothing in these TERMS shall exclude or limit VALMARC’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

 

MISCELLANEOUS – Choice of Law, Jurisdiction

You agree that the VALMARC APP shall be deemed a passive website solely based in Massachusetts, USA, which does not give rise to personal jurisdiction over VALMARC in jurisdictions other than the Commonwealth of Massachusetts.

 

You agree that the VALMARC APP, TERMS, MOBILE PRIVACY POLICY and any dispute between you and VALMARC shall be governed in all respects by the laws of the Commonwealth of Massachusetts, without regard to Massachusetts’ conflict of laws rules. You irrevocably consent to the exclusive jurisdiction of the state courts in Suffolk County, Massachusetts, and the federal courts in the United States District Court for the District of Massachusetts, for purposes of any legal action arising out of or related to the use of the VALMARC APP or these TERMS. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the VALMARC APP shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Suffolk County, Massachusetts. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Suffolk County, Massachusetts. Any cause of action or claim you may have with respect to the VALMARC APP must be commenced within one (1) year after the claim or cause of action arises. By using the VALMARC APP, you agree to receive certain electronic communications from VALMARC. You agree that any notice, agreement, disclosure or other communication that VALMARC sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. VALMARC ‘s failure to insist upon or enforce strict performance of any of these TERMS shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these TERMS.

 

SEVERABILITY

If for any reason any provision (or portion thereof) in these TERMS is held invalid, unlawful, void or unenforceable by a court of competent jurisdiction, that provision (or portion thereof) is deemed severable from these TERMS and the remaining provisions shall continue to be valid, in full force and effect,  and enforceable. Failure of VALMARC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

 

MODIFICATION OF TERMS

 VALMARC reserves the right to change or modify these TERMS or any other VALMARC terms, conditions, or policies related to use of the  VALMARC APP (including those identified in this Agreement) at any time and at its sole discretion by posting revisions on the VALMARC website and or on the VALMARC APP. Continued use of the VALMARC APP following the posting of any changes or modifications will constitute the User’s acknowledgment and agreement to such changes or modifications.

 

Only a specific, written waiver signed by an authorized representative of VALMARC shall have any legal effect as a waiver by VALMARC of any TERMS of this Agreement.

 

ASSIGNMENT

VALMARC may assign its rights and duties under these TERMS to any party at any time without notice to you.

 

THIRD PARTY BENEFICIARY

You agree that VALMARC’s service providers, licensors, customers (including the BRAND), or others involved in creating or providing the VALMARC APP are third party beneficiaries to these Terms and may rely upon the provisions of these TERMS, including but not limited to, the provisions concerning Indemnification, Disclaimer of Warranties, and Limitations of Liability.

TERMINATION

VALMARC reserves the right in its sole discretion to terminate your account, delete your profile, and or restrict, suspend or terminate your use of all or any part of the VALMARC APP for any or no reason, without notice, and without liability to VALMARC or anyone else. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; and (b) you must cease all use of the VALMARC APP.

 

VALMARC also reserves the right to block Users from certain IP addresses or Device numbers and prevent access to the VALMARC APP.

 

These TERMS remain in effect even after your account is terminated. The TERMS relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

 

MOBILE PRIVACY POLICY

 

VALMARC has created information gathering and privacy practices related to your use of the VALMARC APP.

Because this MOBILE PRIVACY POLICY applies to any person who downloads, installs, or uses the VALMARC APP, VALMARC strongly urges you to review this MOBILE PRIVACY POLICY in its entirety. By downloading, installing or using the VALMARC APP, you accept and agree to be bound by this MOBILE PRIVACY POLICY and any other applicable terms, and you consent to the processing of your information as set forth in the MOBILE PRIVACY POLICY.

VALMARC and the BRAND are sensitive to the private nature of information you provide to VALMARC over the Internet and through your use of the VALMARC APP. This mobile application privacy policy (“MOBILE PRIVACY POLICY”) is designed to maximize your ability to protect your personal information, while at the same time permit VALMARC and the BRAND to provide you the opportunity to obtain interesting and useful information, products and services from the BRAND whose TAG is being scanned by you via the VALMARC APP.

By accessing or using the VALMARC APP on any computer, mobile phone, tablet, console or other device (collectively referred to as “Device”), you consent to VALMARC’S MOBILE PRIVACY POLICY. VALMARC may modify this MOBILE PRIVACY POLICY at any time effective upon its posting. Your continued use of VALMARC’S products and services constitutes your acceptance to this MOBILE PRIVACY POLICY and any updates. This MOBILE PRIVACY POLICY is incorporated into, and is subject to, the TERMS of this Agreement herein.

VALMARC’s COLLECTION OF YOUR INFORMATION

Through your use of the VALMARC APP, VALMARC facilitates the direct and secure delivery of information to the BRAND that you have given to VALMARC or permitted VALMARC to access. Information may include, but is not limited to, your name, image, birth date, email and physical address, telephone number, gender, contact lists, social media information and profile, location (GPS) information, activity and performance information, and when necessary, credit card information.

Through your use of the VALMARC APP, the BRAND may automatically collect information regarding your interaction with, and use of, the BRAND’s products and services. Information the BRAND may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.

CHILDRENS PRIVACY

VALMARC and the BRAND does not knowingly collect or solicit personal information from children under 13.

VALMARC and the BRAND does not specifically target the VALMARC APP or any of its mobile services to children under 13 years old.

If you are under the age of 13 you may use the VALMARC APP only with the  permission under and the supervision of a parent or legal guardian. If a parent or legal guardian becomes aware that his or her child has provided VALMARC or the BRAND with information without parental consent, the parent(s) or legal guardian(s) should contact VALMARC at www.valmarc.com.

Please note that the VALMARC APP may contain links to content providers that collect information from children under the age of 13. We have no control over such content providers and are not responsible for the privacy practices or the content of other web sites or mobile applications. Because the Internet and mobile applications offer open access to a wide range of information, it is important that parents supervise and prevent access to inappropriate content, email or chat sessions

VALMARC’S and BRAND’S USE OF YOUR INFORMATION

As a general matter, VALMARC facilitates the delivery and use of information collected via the VALMARC APP to enable your connection to the BRAND and to enhance your experience with the BRAND and the BRAND’s and services.

VALMARC and the BRAND (including affiliates and authorized service providers) may use this information in a number of ways, including:

          To enhance, customize and personalize your BRAND experiences and communications;

          To analyze and improve the content and functionality of the VALMARC APP;

          To operate, provide, improve and maintain the BRAND’s products and services, including analyzing user behavior and trends;

          To deliver to you administrative messages and other information about the BRAND or its affiliates and customers, their products, services, upcoming events, special offers or promotions, or for other purposes disclosed when you submit your information by using the VALMARC APP;

          To furnish you with products or services you have requested;

          To assist the BRAND in marketing and advertising the BRAND’s products and services and those of other businesses and to display relevant marketing to you;

          To prevent and detect fraud, infringement, and other potential misuse of the VALMARC APP;

          In order to provide you with products and services you have requested, the BRAND may share your information, including personally identifiable information or information the BRAND maintains on an aggregate basis, with third parties who provide services to the BRAND and its affiliates, such as credit card processing, customer services, order fulfillment, as applicable.

 

VALMARC’S SHARING OF YOUR INFORMATION

VALMARC may facilitate the transfer of your information to BRAND service providers to conduct the BRAND’s business. For example, service providers may handle credit card processing, shipping, data management, email distribution, market research, information analysis and promotions management.

VALMARC, the BRAND or its authorized service providers may collect and store some or all of the following information, in order to enable you to use the VALMARC APP and receive information, products, or services from the BRAND available through the VALMARC APP; and to permit the BRAND to respond to your inquiries or requests for products and services:

          Device Information

          Physical Location

          Financial Information


  1. Device Information

The VALMARC APP may collect and transfer certain information automatically when you download, connect to or use the VALMARC APP. Such information may include the type of mobile device you use, your mobile device’s unique device identifier, the IP address of your mobile device, and information about the way you use the VALMARC APP. VALMARC the BRAND and/or its authorized service providers may receive such information and use it to operate and improve the VALMARC APP and to deliver services and content, including “push notifications”. VALMARC and the BRAND will obtain your consent before delivering “push notifications” to you via the VALMARC APP.

  1. Physical Location

VALMARC obtains your consent before collecting location information. Location information enables the VALMARC APP to establish the approximate location of your mobile device. The BRAND and its authorized service providers may use and store this information, in combination with other location-based information (such as IP address), to provide requested location services (for example, identification of nearby stores) and to deliver enhanced location based services and other content, including “push notifications”. You may withdraw your consent at any time to the collection of your location information and or to receive “push notifications” (see Opt-Out Procedure” below).

  1. Financial Information

When you make any payments through the VALMARC APP, the BRAND and/or its authorized service providers may request that you provide certain personal and financial information in order to process your order. Such information may include name, e-mail address, PayPal account information, credit card or debit card number, expiration date, billing address and other financial and billing information. The BRAND and or its authorized service providers may collect and use this information to process, confirm and record the payments you make to the BRAND via the VALMARC APP. Please see the Security Section provisions below for further details.

TRACKING, DISCLOSURE AND SHARING OF INFORMATION

VALMARC or the BRAND may disclose your Device, Physical Location, Financial or Other Personal Information:

          As provided in this MOBILE PRIVACY POLICY;

          As required by law, such as to comply with a subpoena or respond to a court order or similar legal process;

          Upon governmental request or to share information with companies assisting in fraud protection or investigation.

          VALMARC or the BRAND may share information to prevent illegal uses of VALMARC’s and the BRAND’s products and services or violations of the VALMARC APP TERMS of Use, or to defend VALMARC and the BRAND against third-party claims.

          When VALMARC or the BRAND believes in good faith that disclosure is necessary to protect its respective rights, protect your safety or property and or the safety or property of others or to enforce VALMARC’s or the BRAND’s policies

          With VALMARC or BRAND authorized service providers who have agreed to adhere to the rules set forth in this Mobile Privacy Policy;

          If VALMARC is involved in a merger, acquisition or sale of all or a portion of its assets your information may be transferred to a third party as part of VALMARC’s business assets in the sale of a part or all of VALMARC. If this should happen, notice will be posted on the VALMARC website or by another form of communication.  

Other than the BRAND with whom you are communicating after scanning a TAG affixed to a (1) BRAND product or package, (2)  BRAND poster, (3) BRAND brochure,(4)  BRAND store display or (5) other BRAND media channel communication , VALMARC delivers information only to the BRAND and does not deliver any information to other third parties for their direct marketing purposes.

The BRAND, via the VALMARC APP, may deploy devices, such as cookies and pixel tags/web beacons that enable those third parties to anonymously to collect and aggregate usage data and report it back to the BRAND. Third parties that the BRAND engages to provide analytics services and to assist in providing the VALMARC APP’s tools and services cannot use your personal information for their own purposes, unrelated to the VALMARC APP, without your explicit consent.

In addition, by downloading, installing and using the VALMARC APP, you understand that your interactions with the BRAND accessed via your use of the VALMARC APP will be treated in accordance with the BRANDS’s Privacy Policy.

THIRD PARTY SITES ACCESSED VIA THE BRAND

Through your use of the VALMARC APP, you may gain access to links to websites and other applications that provide products and services related to the BRAND. Also via the VALMARC APP you may be able to access or utilize social networking sites that are not owned or controlled by VALMARC. Please be aware, however, that VALMARC is not responsible for the privacy practices or the content of these other sites. VALMARC encourages you to review the privacy policies of each website and application you visit and use.

PROTECTING INFORMATION – SECURITY MEASURES

VALMARC will maintain appropriate safeguards to protect against the loss, misuse, and alteration of any customer information under VALMARC’s control. Please be aware that the transmission of information over wireless and wired networks is not inherently secure, and, although VALMARC endeavors to provide reasonable security measures, no security system(s) can prevent all potential security breaches, and like other companies, VALMARC cannot guarantee 100% the security or confidentiality of the information you provided to VALMARC or the BRAND. 

VALMARC does not collect, process, or store any financial information through the VALMARC APP, including credit card and other payment information that you provide when using the VALMARC APP.

VALMARC uses a variety of security measures, including encryption and authentication tools, to help protect your information. VALMARC uses secure servers when you access the VALMARC APP. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted within VALMARC databases.

PUBLIC SHARING

Information that is publicly shared may be used by VALMARC for promotional purposes.

 

PERSONAL SHARING : Your choice

You may choose to share certain information.  In order to participate in certain features of the VALMARC APP, you may have to adjust your privacy settings and share more information. You may also choose to share your activity on other platforms, such as Facebook and Twitter. Please read the privacy policies of those platforms, because your VALMARC activity published on those platforms will no longer be governed by VALMARC’s MOBILE PRIVACY POLICY.

INTERNATIONAL USERS

VALMARC’s digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed and stored in the United States (or in other countries as needed), and allow VALMARC to facilitate the use and collection of your personal information in accordance with this MOBILE PRIVACY POLICY.

 

OPT-OUT PROCEDURES

 You can stop all collection of information by the VALMARC APP by uninstalling the VALMARC APP from your mobile device. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

You can also withdraw your consent to receive “push notifications” and or to the collection of your physical location information at any time by disabling or changing the related functionality or setting(s) as provided in your mobile device.

TERMS AND MOBILE PRIVACY POLICY

Your use of the VALMARC APP, and any disputes arising from the VALMARC APP, is subject to this MOBILE PRIVACY POLICY as well as the VALMARC APP TERMS.

CONTACT US

If you would like to contact us regarding this MOBILE PRIVACY POLICY or your use of the VALMARC APP, please write us at:

Valmarc Corporation

109 Highland Avenue

Needham, MA 02494

(339) 225-4544 (tel)

(339) 225-4546 (fax)

www.valmarc.com

POLICY MODIFICATIONS

VALMARC reserves the right to change the terms of this MOBILE PRIVACY POLICY from time to time. VALMARC will post any changes on the VALMARC APP and or on the VALMARC website .

This MOBILE PRIVACY POLICY was last updated July 8, 2016