Terms of Use Vister V1.1



Vister is committed to maintaining a safe, inclusive community. The following standards/Policies have been established toward that end and are applicable to all Vister users. Violation of these standards may result in account suspension or a permanent ban.

Acceptance of Terms

Please read these Vister Terms of Use with care before You make use of the Vister Service, which is located at www.vister.co (the “Site”) and also available as a mobile application (the “App”). We'll refer to You here as "You” and “Your.” We will refer to Vister, Inc. as “Vister,” “we,” “us” or “our”.

These Vister Terms of Use as they may be subsequently amended (“Terms of Use” or “Terms”) outline the terms and conditions applicable to Your use of the Vister Service and any related services, aspects, functions, software platforms and derivatives of the Vister Service (collectively, the "Service").

This is a legally binding agreement between Vister and You

  • Use of the Service for any purpose that is unlawful or prohibited by the Terms of Use is prohibited.
  • By accepting these Terms You confirm that You are at least 13 years of age. Vister is not intended for anyone under the age of 13.
  • By accepting these Terms You also confirm that You are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.


By using our Service, accessing our Site and/or App or purchasing our products/Classes, you are consenting to the practices relating to information collection and use that are described in this Terms of use and Privacy Policy. Please note that the Service is controlled and offered by Vister from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Vister and how personally identifiable information may be handled. Vister makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and consent to Vister’s collection, storage and use of their personally identifiable information as set forth in this Privacy Policy.

Violent behavior and/or self-harm is not permitted


Safety is Vister top priority, and we take threats of violence and self-harm very seriously. We may ban users whose content breaches these terms and may also report it to law enforcement if we perceive a genuine risk of physical harm or a direct threat to public safety. Similarly, we prohibit threats.

Nudity and/or sexually explicit behavior is not permitted

  • Users of all genders under the age of 18 must be fully clothed on camera. Any user under the age of 18 without a shirt may be subject to a suspension or permanent ban. Users of all ages may not expose genitalia in any way.
  • Encouragement of nudity is prohibited on Vister.
  • Users are not allowed to:
    • Use vulgar, profane, or sexually explicit language on camera or in the chat.
    • Display offensive or sexually explicit images on camera.
    • Perform sexual or sexually suggestive acts, show sex toys onscreen, or dance in a sexually suggestive manner.

Bullying, harassment, or hate speech is not permitted

Though we encourage Vister users to express themselves freely, respect for community members is paramount. Users who taunt, bully, use hate speech, or engage in any other form of harassment risk being suspended or permanently banned. Be nice to each other! This community was built to encourage learning.

Illegal substance use is not permitted onscreen

On screen legal drug consumption, drug paraphernalia, smoking, and the consumption of alcohol by users is prohibited. Any attempt to purchase, promote, abuse, sell, or trade prescription or illegal drugs are not allowed, and the consumption of all illegal drugs is prohibited. Users must comply with applicable laws according to where they reside and carefully consider their audiences with regards to the content they are producing.

You must be at least 13 years old to use Vister

Vister is intended for individuals ages 13 and older. If we become aware of an account that belongs to an individual under 13, that account will be terminated. Users who are older than 13 may have guests on camera who are under 13, but underage guests may not appear alone on classes. This Service is a general audience Service, which is neither designed nor intended to collect personal information from children who are under the age of thirteen (13). In order to ensure compliance with the provisions of the Children's Online Privacy Protection Act, in accordance with our Terms of Use, children under the age of thirteen (13) are not permitted to access or use the Service, and children under the age of thirteen (13) should not provide any personal information to the Site or the App. We ask that parents supervise their children while online and/or using mobile devices. There are a number of parental control protections, which are commercially available.

Revealing private contact information is not permitted

Revealing an individual's personal information, including email addresses, phone numbers, and home addresses, is forbidden. We also strongly recommend that you keep your personal information private. Vister is not responsible for any harm or theft that may come if you disclose your personal information on the platform.

You are prohibited from using our Services to share content that:

  • Contains illegal content or promotes illegal activities with the intent to commit such activities.
  • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
  • Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Otherwise violates the Vister Terms of Use. Please note that specific courses may have additional rules and requirements.


You also aren't allowed to:

  • Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone access your account, or do anything that might put your account at risk.
  • Attempt to access any other user's account or personal information.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
  • Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Try to reverse engineer any portion of our Services.
  • Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
  • Use our Services to distribute malware.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things on this list.

Solicitation or encouragement of rule-breaking is not permitted

  • Solicitation of sexual or illegal acts is forbidden. Similarly, it is forbidden for users to request sexual images or personal information from other users.
  • Engagement in illegal or inappropriate commercial activities or sales is also strictly forbidden. Such activities include but are not limited to: pyramid schemes, multi-level marketing offers, and homegrown sweepstakes.
  • It is forbidden to encourage the violation of community standards either in chat or while broadcasting.

Spam is not permitted

It is forbidden to interrupt the flow of chat sessions with the use of repetitive typing or activity that makes it difficult for users to maintain a conversation, as is the posting of links to pornographic or malicious sites. Users engaged in this activity will be banned.

Impersonation is not permitted

It is forbidden to change your chat name or create a new account in order to impersonate a Vister user. Claiming to be another person or creating a false presence for an organization undermines the community and violates Vister’s Terms of Use. Additionally, the creation and use of multiple accounts must abide by Vister’s Terms of Use. Any abuse or inappropriate use of one account may result in permanent termination of all accounts.

No Copyright Infringement

Vister is committed to protecting the rights of copyright holders and seeks to comply with all applicable laws regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is a copyright infringement, and Vister will undertake appropriate steps against repeat copyright offenders. Re-broadcasting other users’ content without written permission is considered copyright infringement and is therefore prohibited.

Please be advised that in applicable situations, Vister reserves the right to report suspicious and/or criminal activity to local or federal authorities.

Changes to the Terms of Use

We may change the terms of use from time to time in order to reflect our practices and provide greater protection for your information. Any change to this Terms of Use will be clearly displayed on the Site and in the App or notified by email. Information collected by us will be dealt with in accordance with the provisions of our Privacy Policy/Terms of Use, which were in effect at the time of collection. However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Terms of Use/Privacy Policy, including sharing such information with more third parties, we will post such changes here and you may choose not to accept those changes by deleting your account or telling us to delete your account. Your continued use of the Service following the posting of any changes to this Terms of use/Privacy Policy means you accept such changes.

DMCA Notice

Since we respect artist and content owner rights, it is Vister’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Vister’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Service;
  • Information reasonably sufficient to permit Vister to contact you, such as your address, telephone number, and, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Subject: DMCA Policy

Email: Partners@vister.co

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Vister and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Vister’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Vister has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Vister may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Business Transfer

The information and/or Data that is collected by Vister is considered to be our asset. In the event that Vister, any affiliated company, division or portions of its assets are acquired by another company, such information may be one of the transferred assets. We will take reasonable steps to place a notification of such a transfer on our Site. We reserve the right to commercialize such data collected by ay mean or way we choose.

Your Content

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments/Notes you submit, posts you make in the classes and forums, and the like ("User Content"), with Vister, instructors, and/or other users. You are responsible for the User Content you share and its copyright.

To the extent that you provide User Content, you grant Vister a fully-transferable, royalty-free, perpetual, sub licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Vister the right to authorize participating institutions to use User Content with their registered students and on-campus learners independent of the Services. Nothing in these Terms shall restrict other legal rights Vister may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Security

We care about the security of our users. While we work to protect the security of your account and related information, Vister cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing support@Vister.co we do not have any legal or financial responsibility for the loss of data or financial information.

Disclosure of Information

Although we make every effort to preserve user privacy, we may need to disclose personal information when required to do so by law or when necessary to comply with a current judicial proceeding, a court order or legal process served on our Service, or when we believe in good faith that disclosure of information is necessary to prevent imminent physical harm, financial loss or to report suspected illegal activity. We may also disclose your personal data to enforce our policies or respond to claims that a listing or other content violates the right of others. In all cases, such information will be disclosed in accordance with applicable laws and regulations.

We may also share your information with:

  • A third party performing services on our behalf that has agreed to keep such information confidential (such as excluding threats from potential cyber attacks or trolls or other security purposes, the processing of your credit card payment, if applicable, or the conduct of an online survey, for example).
  • One of our partners, but only if you've requested this in advance. Please note that in such cases, this Privacy Policy will not cover their information practices and we will not be responsible for the privacy practices exercised by any such partners.


Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Vister may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Vister, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Vister Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

What we might do with the information we collect

We may use the information provided to us to:
  • Contact you from time to time with critical user or service updates or other information important for our services, or for the support of the service you requested. We may contact you to ensure that the information we have in our records is still correct and to add additional information to complete your profile;
  • Receive feedback from you and inquire about any features you would like to see in future products. We may also contact you to ask you about our products and also to inform you of upgrades, technical issues, promotions and new products that you may be interested in;
  • Send out newsletters to you with articles and information which we believe may be of interest to you;
  • Customize, measure and improve our services, content and advertising;
  • Evaluate users, their preferences and trends for our own internal statistical and analytical purposes, which we may use for marketing purposes and with respect to operations and development;
  • Compare information for accuracy, and verify it with third parties;
  • Prevent activity we determine to be potentially illegal;
  • Enforce this Privacy Policy and/or our Terms of Use or any other purpose referenced herein or therein.


Information you voluntarily transmit via the platform is publicly accessible and may be viewed and used by others without any restrictions. We do not control such uses of your personally identifiable information, and by using the Service, you assume the risk and acknowledge that the personally identifiable information provided by you may be viewed and used by third parties and by us for any number of purposes and that the usage restrictions set forth in this Privacy Policy do not apply.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE VISTER PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE VISTER PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE VISTER PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO VISTER’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless Vister and the Vister Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Refunds and Disputes

Any disputes created by the user or any other Vister participant for a class, Partner or Partner profile will be reviewed by the Company and if the Company finds that It violates it terms of use or privacy policy it will hold the ticket sale for either a refund to the user or as a form of payment for any cost incurred for the dispute. A Partner may challenge the dispute and provide evidence to make his or her case against the complaint or dispute within 24 hours of the original dispute, the Company will review any conversations, video recordings and any other evidence to make the final verdict. If the issue or complaint cannot be resolved, between the Partner and the Student, the Company will use all records of communication as evidence to make a determination on how to adjudicate the dispute, users have up to 5 days from the completion of the class to file a dispute or complaint. The Company shall have the right, in our sole discretion:

  • To transfer credits, offer a refund, or reverse a transaction without approval from a user or a partner
  • To designate who shall bear the expenses resulting from any such actions.


Legal Notices

Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Vister without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Governing Law: Enforcement of these Terms will be governed by the laws of the State of Florida, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Florida, and you irrevocably agree to submit to the jurisdiction of such courts for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

Arbitration: In the unlikely event that Vister has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Vister claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") in the city of Miami, Florida under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Vister from seeking injunctive or other equitable relief from the courts as necessary to protect any of Vister’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND VISTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Notification Procedures: Vister may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Vister in our sole discretion. Vister reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms.

Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Vister in connection with the Service, shall constitute the entire agreement between you and Vister concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver: Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Privacy

What Information Is Collected?

We may collect different data from or about you depending on how you use the Services. Below are some examples to help you better understand the data we collect.

When you create an account, and use the Services, including through a third-party platform, we collect any data you provide directly, including:

Personally Identifiable Information: We collect Personally Identifiable Information (as defined below) only when you provide such information directly to us in connection with the Service. We ask for Personally Identifiable Information when you register for a User account with the Service, or if you correspond with us (in which case we will also retain our responses). We may also retain any messages you send through the Service or platform, and may collect information you provide in User Content you post to the Service or platform. We may receive Personally Identifiable Information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, etc., that third party may pass certain information about your use of its service to Vister. If you reside or are located in the EEA, it can also include your IP address or device identifier. This information could include any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our websites or Service. "Personally Identifiable Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number or other contact information. By using paid aspects of the Service, you may be required to share billing and payment information with our third-party payment processor, and you expressly agree to the use of your billing and payment information by any such third-party payment processor.

Non-Personally Identifiable Information: We also collect and use information about your interactions with the Service in a manner and format that does not identify you as an individual ("Non-Personally Identifiable Information"). We may collect, use, and disclose the following types of Non-Personally Identifiable Information:

Analytics information: We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser's width and height, and other information that assists us in improving the Service. We may collect and use this analytics information together with your Personally Identifiable Information to build a broader profile of our individual Users so that we can serve you better.

Cookies information: When you visit the Service, we may send one or more cookies -- a small text file containing a string of alphanumeric characters -- to your computer that uniquely identifies your browser and lets Vister help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.

Log file information: Log file information is automatically reported by your browser each time you access a web page. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

Clear gifs/web beacons information: When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

Account Data: in order to use certain features (like enrolling in a course), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, gender, and date of birth, and assign you a unique identifying number (“Account Data”).

Profile Data: You can also choose to provide profile information like a photo, headline, website link, social media profiles, or other data. Your Profile Data will be publicly viewable by others.

Shared Content: Parts of the Services let you interact with other users or share content publicly, including by posting reviews on a course page, asking or answering questions, sending messages to students or instructors, or posting photos or other work you upload. Such shared content may be publicly viewable by others depending on where it is posted.

Course Data: When you enroll in and take courses, we collect certain data including which courses, assignments and quizzes you’ve started and completed; your exchanges with instructors, teaching assistants, and other students; and essays, answers to questions, and other items submitted to satisfy course requirements.

Student Payment Data: If you make purchases, we collect certain data about your purchase (such as your name and zip code) as necessary to process your order. You must provide certain payment and billing data directly to our payment processing partners, including your name, credit card information, billing address, and zip code.

Partner Payment Data: If you are an instructor, you can give us your PayPal, Payoneer, or other payment account to the Services to receive payments. When you link a payment account, we collect and use certain information, including your payment account email address, account ID, physical address, or other data necessary for us to send payments to your account. The collection, use, and disclosure of your payment and billing data is subject to the privacy policy and other terms of your payment account provider.

Data about your account on other services: We may obtain certain information through your social media or other online accounts if they are connected to your Vister account. If you login to Vister via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service we may collect your name, profile picture, account ID number, login email address, location, physical location of your access devices, gender, birthday, and list of friends or contacts.

Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us.

If you access or use our Services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.

Sweepstakes, Promotions, and Surveys: We may invite you to complete a survey or participate in a promotion (like a contest, sweepstakes, or challenge), either through the Services or a third-party platform. If you participate, we will collect and store the data you provide as part of participating, such as your name, email address, date of birth, or phone number. That data is subject to this Privacy Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notifying winners and distributing rewards. To receive a reward, you may be required to allow us to post some of your information publicly (like on a winner’s page). Where we use a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply.

Communications and support: If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, location, operating system, IP address, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern, in accordance with this Privacy Policy.

Data We Collect through Automated Means

System Data: Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types (“System Data”).

Usage Data: Usage statistics about your interactions with the Services, including courses accessed, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services (“Usage Data”).

Approximate Geographical Data: An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.

We use the data we collect through your use of the Services to:

Provide and administer the Services, including to display customized content and facilitate communication with other users; Process your requests and orders for courses, products, specific services, information, or features; Communicate with you about your account by; Responding to your questions and concerns; Sending you administrative messages and information, including messages from instructors and teaching assistants, notifications about changes to our Service, and updates to our agreements; Sending you information and in-app messages about your progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which you can opt out of at any time); Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of the mobile app); Manage your account preferences; Facilitate the Services’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse; Solicit feedback from users; Market and administer surveys and promotions administered or sponsored by Vister; Learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers; Identify unique users across devices; Tailor advertisements across devices; Improve our Services and develop new products, services, and features; Analyze trends and traffic, track purchases, and track usage data; Advertise the Services on third-party websites and applications; As required or permitted by law; or as we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.

We may share your data with third parties under the following circumstances or as otherwise described in this Privacy Policy:

With Your Instructors: We share data that we have about you (except your email address) with instructors or teaching assistants for courses you enroll in or request information about, so they can improve their courses for you and other students. This data may include things like your city, country, browser language, operating system, device settings, the site that brought you to Vister, and your activities on Vister. If we collect additional data about you (like age or gender), we may share that too. We will not share your email address with instructors or teaching assistants. We also enable our instructors to implement Google Analytics on their course pages to track sources of traffic to their courses and optimize their course pages.

With Other Students and Instructors: Depending on your settings, your shared content and profile data may be publicly viewable, including to other students and instructors. If you ask a question to an instructor or teaching assistant, your information (including your name) may also be publicly viewable by other users depending on your settings.

With Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.

With Business Partners: We have agreements with other websites and platforms to distribute our Services and drive traffic to Vister. Depending on your location, we may share your data with these partners.

With Analytics and Data Enrichment Services: As part of our use of third-party analytics tools like Google Analytics and data enrichment services like Clearbit, we share certain contact information, Account Data, System Data, Usage Data or de-identified data as needed. De-identified data means data where we’ve removed things like your name and email address and replaced it with a token ID. This allows these providers to provide analytics services or match your data with publicly-available database information (including contact and social information from other sources). We do this to communicate with you in a more effective and customized manner.

To Power Social Media Features: The social media features in the Services (like the Facebook Like button) may allow the third-party social media provider to collect things like your IP address and which page of the Services you’re visiting, and to set a cookie to enable the feature. Your interactions with these features are governed by the third-party company’s privacy policy.

To Administer Promotions and Surveys: we may share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey.

For Advertising: If we decide to offer advertising in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through Data Collection Tools and to use this data to offer you targeted ad delivery to personalize your user experience (through behavioral advertising) and undertake web analytics. Advertisers may also share with us the data they collect about you. To learn more or opt out from participating ad networks’ behavioral advertising, note that if you opt out, you’ll continue to be served generic ads.

For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is: Permitted or required by law; Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding; Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request; Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements; Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of Vister, our users, employees, members of the public, or our Services.

We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.

During a Change in Control: If Vister undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence).

After Aggregation/De-identification: we can disclose or use aggregate or de-identified data for any purpose.

With Your Permission: with your consent, we may share data to third parties outside the scope of this Privacy Policy.

International Transfers

Personally Identifiable Information collected through the Service may be stored and processed in the United States or any other country in which Vister Inc. or its subsidiaries, affiliates or service providers maintain facilities. Vister may transfer information that we collect about you, including Personally Identifiable Information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including Personally Identifiable Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which Vister or its subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you, including Personally Identifiable Information, as described in this Privacy Policy Section.

EU Data Subjects

Scope

This section applies if you are an EU data subject (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein, Norway and, where applicable, Switzerland).

Data Controller

Vister is the data controller of Personal Data provided to, or collected by or for, our Website and the Service, but we may act as data processor on behalf of our customers for Personal Data that we process on their behalf when providing the Service.

Your Rights

Subject to applicable law, you have the following rights in relation to your Personal Data:

Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies of the data, we may need to charge a reasonable fee.

Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to erasure: You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.

Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.

Right to data portability: Effective 25 May 2018, you have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.

Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so if we are processing your Personal Data for direct marketing and otherwise. However, if we are relying on a legitimate interest to process your Personal Data and we demonstrate compelling legitimate grounds for the processing we may continue.

Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, that produce a significant legal effect on you, unless such profiling in necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent.

Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to unsubscribe.

Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.

You may exercise your rights by contacting via support@Vister.co