Effective Date: January 1, 2019

Welcome to Visual Oak’s Privacy Policy!

Visual Oak (“Visual Oak”, “we”, “us”, or “our”) takes your privacy and the privacy of our users very seriously. In this Privacy Policy, we will describe how we collect and use your information when you subscribe to our services or visit our website www.visualoak.com (the “Site”).

The purpose of this Privacy Policy is to describe the types of information we may collect from you or that you may provide when you visit the Site, correspond with us by email or other electronic messaging, or establish an account (“Account”) with us and our practices for collecting, using, maintaining, protecting and disclosing that information.  This Privacy Policy does not apply to information collected by us through any other means, including any other website operated by us or any third party, or any third party.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is not to use our Website or services. By accessing or using this Site and using our Services, you agree to this Privacy Policy.  This Privacy Policy may change from time to time. Your continued use of the Site or Services after we make changes is deemed to be acceptance of those changes.

Children Under the Age of 18

Our Site is not intended for children under 18 years of age.  No one under age 18 may provide any information to the Site. We do not knowingly collect personal information from children under 18.  If you are under 18, do not use or provide any information on this Site or on or through any of its features, register on the Site, establish an Account, or make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any username you may use.  If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@visualoak.com.

Information we collect

We collect several types of information from and about users of our Site, including information:

  • By which you may be personally identified, such as name, postal address, email address or telephone number (“personal information”)
  • That is about you but individually does not identify you, such as your browsing and click-stream activity; and
  • About your Internet connection, the equipment you use to access our Site and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Site.  Information collected automatically may include usage details, IP addresses and information collected through cookies, beacons and other tracking technologies.
  • From third party, for example, our business partners.

Information you provide to us

The information we collect through our Site or Services may include:

  • Information that you provide by filling in forms on our Site.  This includes information provided at the time of registering to use our Site (such as a phone number, and email), subscribing to any newsletter or service or requesting further information or services.  We may also ask you for information when you report a problem with our Site.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Details of transactions you carry out through our Site and of the fulfillment of your orders.  You may be required to provide financial information before placing an order through our Site.
  • Your search queries on the Site.

How we collect your personal information

  • Information you provide:
    • When you access or use the Site or use our Services, we collect information from you in a number of ways.  For instance, we ask you to provide personal information, such as your name and email address to register and manage your Account. We also maintain your marketing preferences and the emails and other communications that you send us or otherwise contribute, such as customer support inquiries or posts to our customer message boards or forums. You might also provide us with information in other ways, including by responding to surveys, submitting a form or participating in contests or similar promotions.
  • Information obtained from your access to and use of the Site or our Services:
    • When you access and use or Site or use our Services, we collect information about your activity on the Site and interaction with the Site and/or Service, such as your IP address(es), your device and browser type, the web page you visited before coming to our sites, what pages on our sites you visit and for how long and identifiers associated with your devices.
    • If you are an end user of our customers’ sites, we also get information about your interactions with their sites, though we use this in anonymous, aggregated or pseudonymized form which does not focus on you individually. We use this data to evaluate, provide, protect or improve our Site and Services (including by developing new products and services).
    • Some of this information is collected automatically using cookies, web beacons and similar technologies when you use our Site, our Services and our customers’ sites. We let our customers control what cookies and similar technologies are used through their sites (except those we need to use to provide the Services properly, such as for performance or security related reasons); however, if you select to refuse cookies you may be unable to access certain parts of the Site or you may not experience all of the functionality of the Site.   Some of this information is similarly collected automatically through your browser or from your device.
  • Information obtained from other sources:
    • If you use a third party service (such as Google) to register for an Account, the third party service may provide us with your third party service account information on your behalf, which may include personal information, such as your name and email address (we don’t store passwords you use to access third party services). Your privacy settings on the third party service normally control what they share with us. Make sure you are comfortable with what the third party shares by reviewing their privacy policies and, if necessary, modifying your privacy settings directly on the third party’s website.
    • We obtain limited information about your payment card from our payment processor, such as the last four digits, the country of issuance and the expiration date. Currently, our payment processor is Stripe. Stripe uses and processes your complete payment information in accordance with Stripe’s privacy policy.

How we use of your information

  • We use the information we collect about you or that your provide to us, including personal information:
    • To present our Site and its contents to you.
    • To provide and operate the Services.
    • To further develop, customize and improve our Site and Services;
    • To provide our you with customer assistance and technical support.
    • To fulfill any other purpose for which you provide it.
    • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
    • To notify you about changes to our Site or any products or services we offer or provide through it.
    • To be able to contact you with general or personalized service-related notices and promotional messages.
    • To facilitate, sponsor and offer certain contests, events and promotions, determine participants’ eligibility, monitor performance, contact winners and grant prizes and benefits.
    • To create aggregated statistical data, which we or our business partners may use to provide and improve our respective services.
    • To enhance our data security and fraud prevention capabilities.
    • To comply with any applicable laws and regulations.
    • In any other way we may describe when you provide the information.
    • For any other purpose with your consent.
  • We will only use your personal information for the purposes set out in Section 4 where we are satisfied that:
    • Our use of your Personal Information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with a website builder, to provide you with our customer assistance and technical support), or
    • our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we have, or
    • our use of your Personal Information is necessary to support legitimate interests that we have as a business (for example, to maintain and improve our Services by identifying user trends and the effectiveness of our campaigns and identifying technical issues), provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights.

Sharing of your information

  • We may share personal information that we collect:
    • With our affiliates.
    • With our customers regarding usage by end users of their sites.
    • With our contractors, service providers, and other third parties we use to support our business.  
    • For purposes of collecting monies you owe to us.
    • To fulfill the purpose for which you provided it.
    • For any other purpose disclosed by us when you provide the information.  
    • With a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets in which personal information held by us about our Site, Services, customers and users is among the assets transferred.
  • We may also disclose your personal information:
    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
    • If we believe disclosure is necessary or appropriate to protect the rights, property or safety of us, our customers, or others.  This includes exchanging information with other companies for the purposes of fraud protection and credit risk reduction.
    • Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers.  These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.  They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About How We Use and Disclose Your Information.

Protection of your personal information

  • While no service is completely secure, we have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.
  • The safety and security of your information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of our Site or your Account, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.
  • Unfortunately, the transmission of information via the Internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site.  Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Your choices about how we use and disclose your information

We strive to provide you with choices regarding the personal information you provide to us.  We have created mechanisms to provide you with the following control over your information:

  • You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • If you do not wish to have your contact information used by us to promote our own or third parties’ products or services, you can opt-out by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@visualoak.com.  If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.  This opt out does not apply to information provided to us as a result of your use of our Services.

Your rights

  • You can review and change your personal information by logging into your Account and visiting your account profile page.
  • You may also send us an email at privacy@visualoak.com to request access to, correct or delete any personal information that you have provided to us.  We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

End User’s personal information

Our customers who have created a site using Visual Oak are responsible for what they do with the personal information they collect, directly or through Visual Oak, about their end users.  This section is directed to such customers.

  • Your relationship with End Users
    • If you’re one of our Users, you will collect personal information about your End Users. For example, during checkout you may ask your End Users to provide their name, address, email address and payment information so that you can complete their orders. You may also use cookies and similar technologies to analyze usage and other trends.
    • You’re solely responsible for complying with all applicable federal, state, local and foreign laws and regulations that apply to your collection and use of your End Users’ information, including personal information you collect about them, regardless of whether that information is collected from your End User, us, or any other third party or using Visual Oak functionality or cookies or similar technologies.  
    • You must publish your own terms of use, privacy policy, cookie policy and other required policies and you are solely responsible for compliance with such terms and policies.
    • We’re not liable for your relationship with your End Users or how you collect and use personal information about them (even if you collect it from us or using Visual Oak functionality or cookies or similar technologies) and we won’t provide you with any legal advice regarding such matters.
  • End User payment information
    • Your End Users’ payment information may be processed via third party eCommerce Payment Processors with which you integrate your Account, in accordance with such eCommerce Payment Processors’ terms and policies. We transmit your End Users’ complete payment information when they initially provide or update it only so that we can pass it along to the eCommerce Payment Processors you agree to use. We don’t collect or store your End Users’ payment information.

Updates to the Privacy Policy

  • We may update this Privacy Policy from time to time to reflect changes in technology, law, our business operations or any other reason we determine is necessary or appropriate. When we make changes, we will update the “Effective Date” at the top of the Privacy Policy and post it on our Site. If we make material changes to it or the ways we process personal information, we will notify you (by, for example, prominently posting a notice of the changes on our sites before they take effect or directly sending you a notification).
  • We encourage you to check back periodically to review this Privacy Policy for any changes since your last visit.  This will help ensure you better understand your relationship with us, including the ways we process your personal information.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send an email to privacy@visualoak.com or write us at: P.O. Box 8072, Virginia Beach, VA 23450.

Contact Us

If you have questions or comments about this Privacy Policy or our privacy practices or if you would like to exercise your rights and choices, please email us at privacy@visualoak.com, or write to us at the addresses below:

Visual Oak, LLC
Attention: Legal – Privacy
P.O. Box 8072
Virginia Beach, VA 23450