General Terms and Conditions and Privacy Policy (Latest version)

Last updated: 24th May 2018

Introduction

These General Terms and Conditions and Privacy Policy (“Terms”, “Terms of Use”) regulate the use of all web pages and services constituting the Vivify Scrum websites owned by Vivify Scrum Ltd Novi Sad (hereinafter referred to as “Vivify Scrum”, "VSLTD",“us”, “we”, or “our”), available at domains VivifyScrum.com, edu.vivifyscrum.com, and their respective subdomains (the “Websites”), as well as mutual rights and obligations regarding provision and use of services (hereinafter referred to as "VSS") , materials, functionalities and other content available through the Websites.

Person or entity who registers on and purchases VSS or who registeres to use the free version of the VSS or who simply browses the listed websites is hereinafter referred to as "User(s)".

These terms are gender neutral. Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.

In the light of the above, this is a legal agreement between User and VSLTD regarding User's utilization of VSS on the listed websites. By the act of using or accessing VSS or any of the listed websites, User unconditionally agrees to the terms of this agreement and accepts them as obligatory.

These terms apply to all Users of the VSS and the listed websites, including without limitation Users who are browsers, vendors, customers, merchants and contributors of content.

By accessing or using the Websites for the first time, the User acknowledges its contents, and fully understands and agrees to the rights and obligations arising from the use of services, materials, functionalities and other content available through the Websites.

If you do not accept any of these Terms, please do not use the Websites.

Specific terms may also apply to the use of certain services, materials, functionalities and other content available through the Websites, of which the Users shall be informed in an appropriate manner.

We reserve the right to modify or append the Terms, unilaterally, at any time and without prior notice, of which all Users shall be duly informed by means of an appropriate notice on the Websites.

You are obliged to review the Terms periodically, in order to check for possible modifications or additions.

By using the Websites after modifications or additions to these Terms have been made, you fully acknowledge, understand and accept the content thereof.

Furthermore, we reserve the right to modify the content, design or location of the Websites, as well as the services, materials, functionalities and other content available through the Websites, unilaterally, at any time and without prior notice.

We cannot be held responsible for any damage caused to Users or third parties related to the above described modifications.

Registration and accounts

User Registration

Access to Contents available through the Websites and VSS, and the use thereof is available primarily to registered Users. Access to some information, functionalities, services and other content available through the Websites, or their partial or full use, is granted to unregistered Users. Any reference to Users made in these Terms includes both registered and unregistered Users.

As defined by the provisions of these Terms, any natural person who fills out the electronic registration form during initial login to the system may register and is considered a registered User of the Websites.

In order to register, the you must acknowledge all here stated registration rules, perform the registration procedure, provide accurate, complete and true data and choose a Username and password.

You may not use as a Username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Such Usernames shall be deleted without prior notice.

User registration is possible only with unconditional acceptance of these Terms and with the consent for collection and use of personal data in accordance with the legal provisions in force and the provisions of the Privacy Policy that is part of these Terms.

By completing the registration process every User receives his/her own User account.

You are responsible for safeguarding the authentication information, including password, that you use to access the Websites, and for any activities or actions under your authentication information, whether your authentication information is with our Websites or a third-party service.

You agree not to disclose your authentication information to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Termination of registration does not remove your liability for possible violations and/or damage inflicted during the validity period of your registration.

By registering you agree to receive notices related to administration or your use of the Websites and its Content, released by VSLTD, and legal or natural persons appointed, engaged or authorized by VSLTD.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Websites will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Websites.

User login data and Security

User unique login (email address and username) must not be shared. User is entirely responsible for maintaining the confidentiality of this data and Account information.

User acknowledges and agrees that User is entirely responsible for User's utilization of VSS, and that User is responsible for all acts, omissions and generally for the use of User's unique login (email address and username) in connection with the VSS.

Contents Of The Websites

The following services, materials, functionalities and contents are available to Users through the Websites: cloud-based software-as-a-service, training, presentations, quizzes, forums, articles, templates, news and other content (“Content(s)”).

The Websites contains VSLTD’ own Content, as well as the Content of Users, VSLTD’ partners and third parties.

We shall make every available effort to ensure constant availability of the Websites, as well as constant and unhindered access to the Contents available through the Websites, as regulated by these Terms, and possible specific terms applicable to the use of certain Content or separate web pages within the Websites.

Prohibited Content

It is prohibited to publish, transmit, upload or exchange any content violating the current laws of the Republic of Serbia and European Union, particularly the content that is untrue, deceptive, offensive, vulgar, threatening, racist or chauvinist, the content violating intellectual property rights, the content considered as unauthorized disclosure of personal data or as violation of the right of privacy of Users or third parties, as well as any other content which may cause damage to VSLTD, other Users or third parties (“Prohibited Content”).

Interactive Content

The Websites contains web pages and sections intended for interaction with or between Users in a manner which enables transmitting, uploading, publishing, exchanging and mutual use of information, comments, reviews, recommendations, opinions, attitudes and other possible content, as well as other ways of participating in the functionalities, services and other content available through the Websites (hereinafter: Interactive Content).

Access to some parts of the Interactive Content, their provision or use are granted only to registered Users. Interactive content shall be duly marked, whenever this is enabled by the manner of its publication or use.

The publication of Interactive Content on the Websites does not mean that we endorse, approve, recommend, promote or in any other way support the information, statements or facts, attitudes, opinions, or conclusions contained therein.

We reserve the right to supervise Interactive Content that is publicly available, as far as this is possible given the manner of its publication and use.

However, we shall not control or consistently supervise all Interactive Content and therefore we cannot guarantee the accuracy, truthfulness, origin, contents or availability thereof.

For any comments or information regarding the Interactive Content please contact the VSLTD support.

We are obliged to remove any illegal Interactive Content immediately upon receipt of the corresponding notice.

Furthermore, we reserve the right, but do not assume the obligation, to change, remove or refuse to publish any Interactive Content, completely or partially, without prior notice and without explanation, based on our own assessment or on information received by any User or third party, due to any reason, but primarily due to violation of these Terms.

In consequence of the above, we cannot be held responsible for possible damage caused to Users or third parties regarding publishing or failure to publish, removing, using, or relying on any Interactive Content.

User-created content

During the use of VSS and the listed websites, Users are allowed to create their own content which can be stored on VSS or the listed websites (in further text: “user-created content”).

VSLTD is not responsible for tracking and controlling content that Users create on VSS or on the listed websites, and considering that, sole liability for user content, is on User.

Due to the above, when creating user content on VSS or on the listed websites, User is obligated not to upload content which violates any applicable laws or regulations, and not to publish, transmit or upload any content which is defamatory, slanderous, morally offensive, obscene, pornographic, content that glorifies the use of violence, content that has discriminatory nature, or any other content which can constitute a criminal offence, or which can be in any relation with constituting any kind of criminal offence.

Also, User is obligated not to send or store spam, viruses, worms, Trojan horses and other harmful code, or data which violates the rights of any individual or entity established in any jurisdiction including, without limitation, medical information, credit card information or social security numbers, driver’s license or personal identification numbers or account numbers on, to or from the VSS and the listed websites.

VSLTD does not own any of the personal information which User uploads to VSS or the listed websites as user-created content (for more details about this, see our privacy policy).

VSLTD is not responsible or liable for the deletion, corruption, correction, destruction, damage, loss or failure of any of user-created content.

User represents and warrants that User-created content which User uploads, stores or sends using VSS or the listed websites is in compliance with all applicable privacy and data protection laws and regulations.

User will indemnify, defend and hold VSLTD harmless from any claims, losses and causes of action arising out of or related to user-made violations of the provisions provided in this section.

Links to third party websites

The Websites contain links to other websites owned by VSLTD, as well as to third party websites (“Links”).

The Links shall be duly marked, whenever this is enabled by the manner of their publication or use.

The publication of Links on the Websites does not mean that we endorse, approve, recommend, promote or in any other way support the information, statements or facts, attitudes, opinions, or conclusions contained therein.

We shall not control or supervise content available through the Links and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof.

For any comments or information regarding the Links please contact the VSLTD support.

We are obliged to remove any Link containing or referring to Prohibited Content immediately upon receipt of the corresponding notice.

Furthermore, we reserve the right, but do not assume the obligation, to remove any Link, without prior notice and without explanation, based on our own assessment or on information received by any User or third party, for any reason, but primarily due to violation of these Terms.

In consequence of the above, we cannot be held responsible for possible damage caused regarding publishing, removing, or using any Link, or relying on any content available via the Link.

Advertising on the Websites

Any advertising content shall always be marked as such.

Publication of advertising content on the Websites does not mean that we endorse, approve, recommend, promote, or in any other way support the advertisers, their products or services.

The advertisers are independent entrepreneurs with whom mutual rights and obligations regarding advertising on the Websites are regulated through separate contracts.

Therefore, we are not involved in any possible relationship you may establish with the advertisers regarding their advertising content available through the Websites.

Any rights and obligations arising from such relationships shall be regulated directly with the corresponding advertiser.

Also, for any comments or information related to advertising please contact the advertiser directly.

Since we do not control or supervise content available through advertisements, we cannot guarantee the accuracy, truthfulness, origin, content or availability thereof.

However, we shall make every reasonable effort to ensure that advertising effectuated through the Websites does not contain any Prohibited Content

Therefore, we reserve the right, but do not assume the obligation, to remove any advertising content, without prior notice and without explanation, based on our own assessment or on information received by any User or third party, due to any reason, but primarily due to violation of these Terms.

We are obliged to remove any advertising content which contains or represents Prohibited Content immediately upon receipt of the corresponding notice sent to the contact address published on the Websites.

In consequence of the above, we cannot be held responsible for possible damage arising from publishing or removing any advertisement or relying on any content thereof.

Contests, sweepstakes and promotionss

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Websites may be governed by rules that are separate from these Terms.

If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.

If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

USE OF THE WEBSITES

It is not allowed> (hereinafter: Prohibited Practices):

  • to use the Websites or content available through the Websites in a manner which may cause damage to VSLTD, other Users or any third party;
  • to publish, upload, exchange or transmit Prohibited Content;
  • to publish, upload, exchange or transmit any content that the User knows to be false or untrue, or has justifiable reason to believe it to be false or untrue, and whose use may cause damage to VSLTD, other Users or third parties;
  • to misrepresent yourself with the purpose of deceiving VSLTD, other Users or third parties;
  • to publish, upload, exchange or transmit to VSLTD, other Users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
  • to purposefully publish, upload, exchange or transmit any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the Websites, cause damage or destruction of any computer program, or any computer and other equipment owned by VSLTD, other Users or third parties;
  • to collect, process or use personal data of the Websites Users or third parties in an unauthorized manner;
  • to engage in overt or covert advertising (verbal or graphic representation of products, services, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorized manner.

Users or third parties shall be legally liable for failure to comply with the provisions of these Terms related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to VSLTD, other Users and/or third parties.

We reserve the right, but do not assume the obligation, to cancel a User account as a result of the User’s Prohibited Practices or other unlawful behavior, or any violation of these Terms that we assess as grave, without prior notice and without explanation, according to our own assessment or information provided by any User or third party.

In consequence of the above, we cannot be held responsible for possible damage incurred to the User, other Users or third parties, caused by Prohibited Practices or cancellation of the User account in accordance with the provision in the previous paragraph.

CONFIDENTIALITY

In the event that you or VSLTD obtain access to the confidential information of the other party in the course of using the Websites, the party obtaining such information shall maintain the confidentiality of such information in the same manner it maintains the confidentiality of its own similar confidential information, but in no event with less than reasonable care.

While providing expert support and review of completed documents VSLTD shall maintain the confidentiality of the information provided.

Expert review of the completed documents can be accomplished in one of the following ways:

  • by sending the completed documents via e-mail to our expert for review;
  • by providing secure remote access for our expert to your file hosting service where the expert can remotely access the documents and review them.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

As between User and VSLTD, User exclusively owns all rights in and to the user-created content that User submits to the VSS or the listed websites.

VSLTD needs a limited license from User so that VSLTD can utilize user-created content to make the VSS and the listed websites available to User.

For example, if User uploads product specifications, product drawings or an animated graphic presentation of how a product works to any of VSS or the listed websites, we need a license from User to display, perform and distribute this user-created content in order to make the user-created content available to User on his project pages.

And, if User permits third parties (such as User's customers or consultants) to view User project pages, we need to have a license to sub-license User-created content to these third parties so that they can view and use User group pages. By the act of accepting these terms, User grants the above-mentioned limited licenses to VSLTD.

Vivify Scrum owned content

Content available through the Websites in any form, especially that in the form of documents, templates, lessons, quizzes, photographs, images, drawings, diagrams, charts, audio and visual materials, etc., are protected by copyright and other intellectual property rights according to the legal provisions in force.

Users are held responsible for possible violation of copyrights and other intellectual property rights related to the Contents.

The Websites contain names of natural and legal persons, names of products or services, trademarks, logos, pictures, graphics and other content subject to the protection of intellectual property rights (hereinafter: Protected Content) held by VSLTD and/or third parties.

Access to or use of the Websites or the Contents does not grant any license, right to use, right to exploit, or any other right related to Protected Content, except to the extent and in the manner explicitly specified in the provisions of these Terms or a corresponding separate contract.

It is not allowed:

  • to download, reproduce, copy, distribute, lease, provide for use, publish, communicate to unauthorized third parties or general public, or use Content in any other way for commercial purposes, without written consent previously granted by VSLTD;
  • to alter, modify, edit, translate, or create derived works from any Content available through the Websites for commercial purposes, without written consent previously granted by VSLTD;
  • to use Content available through the Websites for purposes related to selling or offering for sale, advertising or promotion of any product or service by any person.

If we independently discover a violation of copyright and/or other intellectual property rights, trade secret or other rights of Users or third parties, or any other violation of these Terms, or if we are informed by a User or third party of any such violation, or if we receive a request for the removal of a Content, Link, Protected Content or Interactive Content, we shall immediately take all necessary measures to establish grounds for such request and elimination of possible violation.

Specifically, if we independently discover, learn or receive a corresponding request related to a Content, Link or Protected Content, we shall be willing to cooperate with the alleged owner of the intellectual property right, or request submitter; the owner of the rights and the request submitter shall agree to cooperate with us bona fide for the purpose of establishing relevant facts and undertaking measures for the elimination of the alleged violation.

We reserve the right, but do not assume the obligation, to remove the Content, Link or Protected Content in dispute from the Websites, based on our own assessment and until the dispute has been finalized.

If the corresponding information or request relate to Interactive Content, the submitter and the User who published, transmitted, uploaded or in any other way made available through the Websites the Interactive Content in dispute, shall provide all necessary information and explanations concerning the request or the Interactive Content.

If we establish that the request in dispute is valid (e.g. on the basis of a final judicial decision or valid settlement), the Interactive Content in dispute shall be removed from the Websites without delay.

Also, we reserve the right, but do not assume the obligation to remove the Interactive Content in dispute from the Websites, and cancel the User account of the User concerned, without prior notice and without explanation, based on our own assessment and until the dispute has been finalized.

Providing Interactive Content

By transmitting, uploading, enabling access, exchanging or providing personal Interactive Content in any other way through publicly available part of the Websites, the User authorizes VSLTD to publish or not publish on the Websites the Interactive Content concerned or to remove it from the Websites, based on VSLTD’s assessment, without further permission and without specific copyright or other compensation.

When publishing their Interactive Content, the User is entitled to request that their name and/or last name, Username or other corresponding nickname be or not be shown, and that their published Interactive Content be removed at any particular moment and due to any reason.

Furthermore, the User authorizes VSLTD and every other registered User to use the Interactive Content published on the publicly available part of the Websites for any purpose, including further reproduction and distribution to other Users or third parties in any form (oral, written or electronic), in any way, by any means and in any manner, in the original or derived form (abbreviated, appended, translated into another language, or edited, adapted or processed in any other way), without separate further approval and without copyright or other compensation.

However, VSLTD cannot be held responsible for actions performed by other Users or third parties with respect to the Interactive Content provided by the User for publication through the Websites.

In case the User does not agree with possible editing changes of the Interactive Content made by VSLTD, he/she shall inform VSLTD of the disagreement.

If VSLTD, based on its own assessment, should decide that the Interactive Content in dispute is for any reason inappropriate for publication on the Websites in its original form, the changed Interactive Content shall be removed, and publication of the original shall be denied.

The User’s refusal to permit publication, editing, use, reproduction or distribution of his/her Interactive Content for the purpose, in the manner and under the conditions specified in these Terms must be explicitly stated when providing the Content for publication through the Websites.

VSLTD reserves the right, but does not assume the obligation, to publish any such Interactive Content with restrictions defined by the providing User or to refuse to publish it based on its own assessment and without explanation.

If VSLTD, other Users or third parties want to use specific Interactive Content for a purpose, under conditions or in a manner not explicitly allowed on the basis of these Terms, they may request special permission from the owner who provided the said Interactive Content.

User warrantiest

By providing Interactive Content for publication through the Websites the User warrants:

  • that he/she is the author of the Content, or owner of corresponding copyrights and/or other intellectual property rights acquired legally, and that he/she is authorized to enable publication, editing, use, reproduction, or distribution of the Interactive Content for the purpose, in the manner and under the conditions specified in these Terms;
  • that the Interactive Content is provided for publication through the Websites bona fide, and that the provision, publication and subsequent use of the Content in accordance with these Terms shall not in any way violate the rights of VSLTD, other Users or third parties, including in particular the copyright and/or other intellectual property rights, trade secret, reputation, honor and dignity, privacy, family life, other rights of privacy, and any other rights protected by legal provisions in force, nor shall it inflict damage, either tangible, intangible, direct, or indirect;
  • that the Interactive Content is complete, true, accurate, etc. to his/her own best knowledge and belief;
  • that he/she shall protect VSLTD from all possible requests by other Users or third parties submitted to VSLTD against the violation of the here stated User warranties, particularly against the violation of intellectual property, trade secret, right of privacy and any other rights with respect to the provided Interactive Content, including indemnity requests; VSLTD shall immediately inform the User of the submission of any such request;
  • that he/she shall make full compensation to VSLTD, other Users and/or third parties for damages and costs (including legal representation costs and judicial costs) incurred by the violation of the warranties specified here.

DISCLAIMER AND LIMITATION OF LIABILITY

In no event shall VSLTD, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • your access to or use of or inability to access or use the Websites;
  • any conduct or content of any third party on the Websites;
  • any content obtained from the Websites; and
  • unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Websites is at your sole risk.

The Websites are provided on an “AS IS” and “AS AVAILABLE” basis.

The Websites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

VSLTD, its subsidiaries, affiliates, and its licensors do not warrant that:

  • the Websites will function uninterrupted, secure or available at any particular time or location;
  • any errors or defects will be corrected;
  • the Websites are free of viruses or other harmful components; or
  • the results of using the Websites will meet your requirements.
  • VSLTD will not be liable to User in relation to the contents of, or use of, or otherwise in connection with VSS or with listed websites.
  • VSLTD will not be responsible or liable in any way for any user-created content.
  • VSLTD, nor its admins control and are not responsible for content that User posts on or through VSS or the listed websites and are not responsible for any offensive, inappropriate, unlawful or otherwise incorrect or illegal user-created content, that User may see or encounter on VSS and the listed websites, or in connection with VSS and the listed websites.
  • To the fullest extent permissible by applicable law, VSLTD and its officers, directors, employees and associates exclude liability for any losses and expenses of any kind and howsoever arising including, without limitation any damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties or other losses of any kind or character, even if VSLTD has been advised of the possibility of such damages or losses, arising out of or in connection with the use of VSS or the listed websites.
  • User assumes total responsibility for establishing appropriate procedures for data backup and virus checking as User considers necessary.
  • These exclusions of liability will apply to all losses and damages, no matter if the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.

Indemnity clause

User hereby agrees to keep VSLTD indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by VSLTD to a third party in settlement of a claim or dispute on the advice of its legal advisers) incurred or suffered by VSLTD arising out of any User made violation of any of the provisions stated in these Terms.

PURCHASING, SUBSCRIPTION AND FREE TRIALS

Purchases

If you wish to purchase any product or service made available through the Websites (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address, and your shipping information.

You represent and warrant that:

  • you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that
  • the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

At prices described on the listed websites, VSLTD charges fees for accessing and using certain parts of VSS and the listed websites.

All amounts paid are non-refundable, non-cancelable and non-creditable.

Unless specified otherwise, all amounts due hereunder shall be paid upon order in US dollars, in immediately available funds by credit card or mobile telephone account, in full without set-off, counterclaim or deduction.

Any amount not paid when due shall result in the termination or suspension of the User's account or his or her access and use of the VSS.

Subscriptions

You agree that VSLTD can bill your credit card or mobile telephone account for renewals and unpaid fees, as applicable.

User agrees to reimburse VSLTD for all reasonable costs (including attorneys' fees) incurred in collecting payments.

All payments to VSLTD are exclusive of state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and User agrees to bear and be liable for the payment of all such charges (excluding taxes based upon the VSLTD net income).

VSLTD reserves the right to change prices for services made available to Users on VSS and on the listed websites, exclusively according to VSLTD sole discretion, and at any time, and also reserves the right to start charging some features which have previously been classified as free of charge, at any time.

Fee Changes

VSLTD, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions.

Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Price changes will be made known on the listed websites.

VSLTD will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

If User elects to access or use any fee-bearing VSS, User agrees to pay all applicable fees resulting from the use of that VSS under its account, in the amounts, at the times and subject to any specified conditions.

Such fees may be specified as being payable in advance or in arrears; fees may be fixed, contingent or variable (e.g. depending on usage factors); and fees may be specified on a recurring basis (e.g. subscription fees and/or usage fees, which may be payable monthly, quarterly or annually) or non-recurring basis (e.g. one-time activation fees).

Your continued use of the Websites after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services on the Websites.

The products or services available on our Websites may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Websites and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.

We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

RESPONSIBLE DISCLOSURE

VSLTD is dedicated to improving its services by making technical improvements that help the safety of its services.

Because of this, VSLTD occasionally needs external help from various IT experts (in further text “ITE”).

Because of this, VSLTD hereby invites ITE to try to find security vulnerabilities on VSS and the listed websites.

If an ITE finds some vulnerabilities, such as those above-mentioned, VSLTD invites the ITE to make a responsible disclosure of them, in a confidential way, to the VSLTD officials.

VSLTD hereby states that each security bug on the listed website and its services, found by the effort of ITE, encouraged by the above-mentioned invite of VSLTD, and which is responsibly disclosed in a confidential way to the VSLTD, and which VSLTD officials estimate as relevant, will be awarded by a certain amount of money, which will be transferred to ITE account, on subsequent agreement.

VSLTD reserves the right to determine the amount of money of the reward for each responsible disclosure that ITE makes, on behalf of the terms of these Terms.

VSLTD will determine the amount of money of the reward in accordance to the importance of the security threat, which the ITE has found.

VSLTD reserves the right to refuse to pay ITE a reward if it finds that the reported bug is not relevant.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the Republic of Serbia and European Union, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Websites and supersede and replace any prior agreements we might have between us regarding the Websites.

Ownership

VSS and the listed websites are 100% owned by Vivify Scrum LTD Novi Sad.

The company is registered in Novi Sad, Serbia, with registration number: 21170763.

The company's address is 47 Stanoja Glavasa, Novi Sad, Serbia.

For additional information about Vivify Scrum LTD, please visit www.apr.gov.rs, which is the official website of the Serbian Business Registers Agency.

PRIVACY POLICY

Responsible body or controller in terms of data protection laws is:

Vivify Scrum LTD Novi Sad

Stanoja Glavaša 47

21000 Novi Sad

Serbia

Legal representative: Goran Prijić

Terminology

In further text some of the terms used in this Privacy Policy shall be considered as follows:

  • VivifyScrum service or services offered on any other website established through VivifyScrum.com, such as edu.VivifyScrum.com and similar - “VSS” or “we”
  • VivifyScrum.com or on any other website established through VivifyScrum.com, such as edu.VivifyScrum.com and similar - “the listed website(s)“
  • person or entity who registers and purchases VSS or who registers to use the free version of VSS or who simply browses the listed websites - “user(s)” or “you”
  • company Vivify Scrum ltd, the owner of VSS and the listed websites - “VSLTD”

Terms listed above in this Privacy Policy are gender neutral. Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.

Purpose of this Privacy Policy

This Privacy Policy explains to you what information VSS and the listed websites collect about you and to which purpose, and also explains what we do with that information, how we share it, and how we handle and protect the content you place in our products and services.

It also explains the available possibilities that you have regarding our use of your personal information.

Validity scope of this Privacy Policy and your consent to it

This Privacy Policy applies to the information that we obtain through your use of VSS and the listed websites via any computer used to access VSS and the listed websites, including any desktop, laptop, mobile phone, tablet, or other consumer electronic device or when you otherwise interact with VSS and the listed websites.

It does not apply to third party products or services that you may choose to integrate with any of VSS.

You should always review the privacy policies of third party products and services to make sure you agree with the ways in which they collect and use your personal information.

Your use of and interaction with VSS and the listed websites constitutes your unconditional acceptance of the practices described in this Privacy Policy.

If you do not agree with and accept all of the practices described in this privacy policy, do not use VSS and the listed websites and do not provide or submit any personal information when using any of VSS.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this privacy policy.

Variety and scope of the information we collect

The information we collect from you can be some of the following: name and surname, email address, phone number, credit card details and billing address, username, profile photo, marketing preferences.

We collect and store Content that you create, input, submit, post, upload, transmit, store or display in the process of using VSS, which can also include some personal Information or other sensitive information that you choose to include.

We collect other data that you submit to VSS and the listed websites or when you participate in any interactive features of VSS, participate in a survey, contest, promotion, activity or event, when you send a job application, when you request customer support, and also when you communicate with us via third party social media sites or otherwise communicate with us.

The use of collected information

Any of the information we collect from you may be used for a variety of purposes, including to:

Provide, operate, maintain, improve, and promote VSS and the listed websites; Enable you to access and use VSS and the listed websites, including uploading, downloading, collaborating on and sharing content; Send you related information about money transactions, such as: purchase confirmations and invoices; Send transactional messages, including responding to your comments, questions, and requests; Providing customer service and support; Send to you any technical notices, updates, security alerts, and support and administrative messages; Send promotional communications; Investigate and prevent fraudulent transactions, unauthorized access to VSS and the listed websites, and other illegal activities; Enable you to communicate, collaborate, and share Content with users you designate, and for any other purposes for which you do not deny your consent.

In addition, we track all website visits statistically and regularly evaluate the results in order to adapt our website to User needs.

Our legal basis for the collection of access data is Art. 6 (1) b) GDPR.

Registration on our Website (registration data)

When registering for the use of our services, the following personal data are collected: last name, first name, title, designation, and company name.

If you are registered with us, you can access content and services that we offer only to registered Users.

Registered Users also have the option of changing or deleting the data specified during registration at any time.

Our legal basis for the collection of registration data is Art. 6 (1) b) GDPR and the customer's consent.

Cookies

We use so-called cookies on all our websites.

Cookies are small text files that your browser saves on your computer and which allow an analysis of your website usage.

Cookies automatically send us certain information about your computer and your connection to the Internet, such as: IP address, operating system and browser used.

We process this information to optimize our offerings, to present them to you easily and to improve our advertising as well as our marketing.

This is done as follows: Most of the cookies we use are so-called session cookies, which are automatically deleted by your browser after the end of your visit to our website. Session cookies provide us with information about visitor behavior on our website, which we analyze. With the knowledge gained, we will make our website more User-friendly, place important content on the most popular pages and develop our marketing strategies according to the interests of our target audience.

Other cookies are stored longer on your device and allow us to recognize you as a User during a subsequent visit to our website.

For example, if you agree to "Remember Username and User Password" on the login page, you will get faster access to the User area in the future. In case of a later login you do not need to repeat these entries.

We do not pass on information that we receive through our cookies to third parties. By using the "Incognito" / "Private" mode of your browser or by means of corresponding settings in your browser, you can prevent the installation of cookies

As a result, some of the facilitation of operating our website will no longer work.

Nevertheless, you can use the website, login and all offers of VSLTD even without cookies.

Our legal basis for the use of cookies is Art. 6 (1) b) GDPR and Art. 6 (1) f) GDPR.

Our legitimate interest is e.g. the optimization of our advertising to increase our sales.

Data protection measures

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information to VSS and the listed websites.

Although we invest our maximum effort to guard your personal information, you have to be aware that there is no impenetrable security system and due to that, we cannot guarantee that your information will be absolutely safe from intrusion by others.

When data is transferred over the Internet as part of any VSS, the data is encrypted using industry standard SSL (HTTPS).

If you use any of VSLTD downloadable products, complete responsibility of securing access to the data you store in them rests with you and not VSLTD.

Data in the User area (User data)

For you to use our Services to its full extent, we require a lot of personally identifiable information from the direct contact person and operational privacy officer of our clients.

This information is indispensable for us in order to provide our services - in accordance with Art. 30 GDPR - which we owe to our customers on the basis of the use contracts concluded with them.

We store this personal information on our servers of VSLTD, which are located in Stanoja Glavaša 47, 21000 Novi Sad, Serbia.

A transfer of your User data to countries outside the European Economic Area may take place.

Our legal basis for the collection of User data is Art. 6 (1) b) GDPR and the customer's consent.

Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc. ("Google"), on all websites.

Google Analytics uses its own "cookies" (see above).

On behalf of VSLTD, Google uses this information to evaluate every use of our websites, to compile reports on website activity in general, and to provide other services related to website activity and internet usage to VSLTD.

The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.

Google is an American company that uses servers in the United States and has been licensed by us to transfer personal information worldwide, including to non-EEA countries.

The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

However, due to the activation of IP anonymisation on our websites, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of the Agreement on the European Economic Area.

Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.

By setting this in your browser, you can prevent the installation of cookies.

In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install: Browser Add On to disable Google Analytics.

Our legal basis for the use of Google Analytics is Art. 6 (1) b) GDPR and Art. 6 (1) f) GDPR. Our legitimate interest is e. g. the optimization of our advertising to increase our sales.

Google AdWords

Our website uses Google Conversion Tracking.

If you have reached our website via an advertisement sent by Google, Google Adwords will set a cookie on your computer.

The conversion tracking cookie is set when a User clicks on a Google-served ad.

These cookies lose their validity after 30 days and are not used for personal identification.

If the User visits certain pages on our website and the cookie has not expired, we and Google may recognize that the User clicked on the ad and was redirected to this page.

Each Google AdWords customer receives a different cookie.

Cookies can not be tracked through AdWords advertisers' websites.

The information obtained from the conversion cookie is used to generate conversion statistics for advertisers.

Customers will be told the total number of Users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag ("clicks"), the number of times their ad was shown ("impressions"), and the number and type of ads Actions Users take after clicking an ad on the linked web page ("Conversions").

However, they do not receive information that personally identifies Users.

Google is an American company that uses servers in the United States and has been licensed by us to transfer personal information worldwide, including to non-EEA countries.

If you do not want to participate in the tracking process, you can refuse the required setting of a cookie - for example via a browser setting that generally deactivates the automatic setting of cookies or sets your browser to block cookies from the domain "googleleadservices.com".

Please note that you can not delete the opt-out cookies as long as you do not want to record measurement data.

If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.

Our legal basis for the use of Google AdWords is Art. 6 (1) b) GDPR and Art. 6 (1) f) GDPR.

Our legitimate interest is e. g. the optimization of our advertising to increase our sales.

Do we disclose any information to outside parties?

We will not share or disclose any of your personal information with third parties, except as described in this policy.

Please note that the personal information of users related to credit card details is collected and immediately and without any insight into the content, by VSLTD, transferred to online payment processing services (such as: “2Checkout”, and alike), exclusively for the purpose of charging the usage of VSS and the listed websites.

We do not sell your personal information.

Contact form

If you contact us by email or contact form, the information you provide will be stored for the purpose of processing the request and for possible follow-up questions.

In addition, please use the contact form in order to assert your data protection rights.

Our legal basis for using a contact form is Art. 6 (1) b) GDPR and the customer's consent.

Retention, deletion or blocking of data

We adhere to the principles of purpose limitation and data minimisation.

Therefore, we only store your personal data for as long as it is necessary to achieve the purposes mentioned here or as long as the many storage periods required by law.

After discontinuation of the respective purpose or expiry of these deadlines, the corresponding data will be blocked or deleted in accordance with the statutory provisions.

Our legal basis for the deletion or blocking of personal data is Art. 5 (1) b) GDPR and Art. 5 (1) c) GDPR.

Your rights of access, rectification, cancellation, limitation of processing, data portability and to withdraw consent

Of course, we will provide access to your personal data stored by us at any time.

If you wish, you will receive them in a structured, commonly used and machine-readable format.

We will be happy to correct, edit, limit or delete your personal data at your request, provided that no statutory storage requirements are in conflict, or forward them to another responsible office.

If your personal data stored with us has been processed incorrectly, out-of-date or unlawfully, you can restrict its processing by us.

Finally, you may change or revoke your consent to the processing of your personal information at any time with future effect.

To contact us for any of these concerns, please use our contact form.

Our legal basis for the disclosure, correction, deletion, limitation of processing and data transmission is the respective request of the data subject.

Complaint to our supervisory authoritya

You have the right to complain about the improper processing of your personal data (such as collection, storage, modification, transfer, deletion, etc.) by us with our supervisory authority:

Commissioner for Information of Public Importance and Personal Data Protection,

Bulevar Kralja Aleksandra 15,

11000 Belgrade,

Serbia

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of VSS and the listed websites.

Changes to our Privacy Policy

VSLTD can change this Privacy Policy at any time.

VSLTD may update, change or replace any part of this Privacy Policy.

Revised Privacy Policy will apply to the use of VSS and the listed websites from the date of the publication of the revised Privacy Policy on this page.

Please check this page regularly to ensure you are familiar with the current version. Your continued use of or access to the VSS and the listed websites following the posting of any changes constitutes acceptance of those changes.

We encourage you to review our Privacy Policy before every use of any of VSS or the listed websites to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this Privacy Policy, you will need to stop using VSS and the listed websites and deactivate your account(s).

Questions to our Data Protection Officer

If you have questions about data protection, please use our contact form or contact our data protection officer directly:

Jovana Radaković

DATA PROTECTION OFFICER

Stanoja Glavaša 47

21000 Novi Sad

Serbia

or by email: [email protected]