Terms of Use

Last updated January 13, 2022

Welcome to the PRIVO family of websites and mobile applications owned and operated by Privacy Vaults Online, Inc. (“PRIVO”). Our family of websites and mobile applications (the “Sites”), include privo.com, my.privo.com, privoprotect.com, the PRIVO PROTECT Service, and the PRIVO iD Platform, aka PRIVO-Lock™, which may also be available from our PRIVO-Lock™–enabled client sites, apps and online services. You should not access the Sites or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms of Use”) which govern your access to and use of the Sites, including the specific provisions applicable when you create a PRIVO iD or PRIVO PROTECT account.

 

This is a Binding Legal Agreement

By using any of the Sites, you and other users of the Sites agree to these Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Sites or the services provided through them. We may modify the Terms of Use from time to time without notice to you. You should check these Terms of Use periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms of Use with respect to the Sites. We include the effective date of our Terms of Use at the top. We encourage you to check our Sites frequently to see the current Terms of Use in effect and any changes that may have been made to them. If we make material changes to the Terms of Use, we will post the revised Terms of Use and the revised effective date on the Sites. By using the Sites following any modifications to the Terms of Use, you agree to be bound by such modifications.

PRIVO provides you with access to and use of the Sites and the services provided through them subject to your compliance with the Terms of Use. No material from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Terms of Use.

By submitting information through any of the Sites, you represent that you have reached the age of 18 or the age of majority in the jurisdiction where you reside and are legally able to enter into an agreement with PRIVO, or that you have the permission of your parent/guardian on your behalf

PRIVO Owns the Sites and Services and Permits You to Use Them Under these Terms

The Sites, the PRIVO PROTECT Service and the PRIVO iD Platform/PRIVO-Lock™ system are owned, controlled and operated by PRIVO. The contents of the Sites and all materials used in connection with the PRIVO PROTECT Service and the PRIVO iD Platform/PRIVO-Lock™ system, including, but not limited to, images, text, illustrations, audio, video files, HTML or code used to generate the pages, and the selection, coordination and arrangement of such contents and materials (collectively, the “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by PRIVO, or owned by other parties who have licensed their intellectual property to PRIVO, and are protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property laws. Privo®, PRIVO-Lock™, the PrivoLock™ logo, GDPRkids™, PRIVO iD™, PRIVO PROTECT and all other derivations of the “PRIVO” mark are trademarks and/or service marks of PRIVO, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Nothing on the Sites should be construed to grant any license or right to use any PRIVO mark without the prior written consent of PRIVO.

Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Intellectual Property from any of the Sites in whole or in part, for any public or commercial purpose without the specific written permission of PRIVO. We grant you a personal, non-exclusive, non-transferable license to access our Sites and to use the information and services provided through them for their intended purposes. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on any of the Sites for any purpose, subject to the express terms of these Terms of Use.

You warrant and represent that you shall access the Sites and use the services provided for lawful purposes only. Violations of system or network security may result in civil or criminal liability. PRIVO will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of any of the Sites.

Your Responsibilities When You Create a PRIVO PROTECT or PRIVO iD Account

You may be prompted during your use of the Sites, the PRIVO PROTECT Service, the PRIVO-iD Platform or of the PRIVO-Lock™ system to create a user account by providing your personal information. Creation of a PRIVO PROTECT account allows you to alert digital providers and advertisers that your child’s device(s), email and/or phone number are associated to a minor and may not be granted access to services that are age-restricted or specified by the parent. Creation of a PRIVO iD/PRIVO-Lock™ account allows you to provide consent for you or your child to provide information to one or more of our clients’ PRIVO iD/ PRIVO-Lock™–enabled sites, apps or online services. The information that you provide to PRIVO when creating an account is governed by our PRIVO iD Privacy Policy and PRIVO PROTECT Privacy Policy.

Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently. You agree to bear sole responsibility for all use of your account and for the confidentiality of your password. You represent and guarantee that all information provided to PRIVO is accurate, and agree not to impersonate any person or entity, falsely represent your affiliation with any person or entity, or otherwise provide the personal information of any third party.

You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. In your use of your account, the Sites, the PRIVO PROTECT Service, and the PRIVO iD Platform/PRIVO-Lock™ system, you agree not to provide PRIVO with, use, post or transmit any material that is (i) false, misleading, or inaccurate, (ii) impersonates any person, (iii) copyrighted or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it, reveals trade secrets, unless you own them or have the permission of the owner, or otherwise violates or infringes in any way upon the rights of others, (iv) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (v) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, (vi) transmits or transfers (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws, or (vii) attempts to interfere in any way with any of the Sites’ or PRIVO’s networks or network security, or attempting to use any of the Sites’ services to gain unauthorized access to any other computer system. You further agree not to (i) post or transmit through any of the Sites any material that contains advertising or any solicitation with respect to products or services without PRIVO’s express prior approval, or (ii) use any of the Sites to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online services.

Violations of system or network security may result in civil or criminal liability. PRIVO will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of any of the Sites, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Any conduct by you that in PRIVO’s discretion restricts or inhibits any other user from using or enjoying the Sites or services provided through them will not be permitted. If, in PRIVO’s sole discretion, you have violated these Terms of Use, including the provisions of this paragraph, PRIVO may take necessary measures to remedy your violation, including terminating your ability to access the Sites, the PRIVO PROTECT Service, the PRIVO iD Platform/PRIVO-Lock™ system and your account, as well as take any other action in law or in equity that PRIVO in its sole discretion believes is necessary or appropriate to protect the interests of PRIVO and other users of the Sites and the services provided through them. 

You Agree to U.S. Collection and Processing of Your Information; Privacy Policy

In the course of your use of the Sites, you may provide certain information to us. PRIVO’s use of any information you provide via the Sites shall be governed by our privo.com Privacy Policy, PRIVO iD Platform Privacy Policy and PRIVO PROTECT Privacy Policy. We urge you to read our Privacy Policies. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

By providing any personal information to the Sites, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.

You also acknowledge and agree that PRIVO will fully cooperate with any law enforcement authorities or court order requesting or directing PRIVO to disclose information or materials in our possession.

Links to and from the Sites

The Sites may provide links to third party websites. These third party sites are not under the ownership or control of PRIVO and PRIVO is not responsible for and cannot control the content you find on those sites. PRIVO provides these links as a convenience to its users, and your access to those sites is at your own risk. The provision of these links does not imply a recommendation or endorsement by PRIVO of the linked site.

Permission must be granted by PRIVO for any type of link to the Sites. To seek our permission, you may write to PRIVO. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Sites, at our discretion at any time.

You Assume Responsibility for and Risk from Use; No Warranty

YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM THE USE OF THE SITES, PRIVO PROTECT SERVICE, PRIVO iD PLATFORM, aka PRIVO-LOCK™ SYSTEM. THE SITES, PRIVO PROTECT SERVICE, AND PRIVO iD PLATFORM aka PRIVO-LOCK™ SYSTEM, INCLUDING ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRIVO DOES NOT WARRANT THAT THE SITES OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PRIVO MAKES NO WARRANTY THAT THE SITES WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. PRIVO RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION PROVIDED ON THE SITES OR IN THE MATERIALS INCLUDED WITH ANY OF THEM, AT ANY TIME WITHOUT ANY PRIOR NOTIFICATION. PRIVO reserves the right, for any reason, in its sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Sites, the Intellectual Property, features and/or hours of availability, and PRIVO will not be liable to you or to any third party for doing so. PRIVO may also impose rules for and limits on use of the Sites or restrict your access to part, or all, of the Sites without notice or penalty. PRIVO has the right to change these rules and/or limitations at any time, in its sole discretion.

PRIVO’s Liability is Limited

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PRIVO, ITS CLIENTS, PROVIDERS, OR AUTHORIZED AGENTS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS, BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITES OR THE SERVICES, CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL PRIVO, ITS CLIENTS, PROVIDERS, OR AUTHORIZED AGENTS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PRIVO’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITES, PRIVO PROTECT SERVICE, PRIVO iD PLATFORM, aka PRIVO-LOCK™ SYSTEM, RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL PRIVO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, FIVE DOLLARS ($5.00). You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of Sites, the PRIVO PROTECT Service, the PRIVO iD Platform/PRIVO-Lock™ system, or the services or products offered on any of them must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

You Indemnify PRIVO and Others for Your Actions

You agree to defend, indemnify and hold PRIVO and its officers, directors, employees, agents, distributors and affiliates harmless from and against any and all claims, demands, liabilities, damages, costs, or expenses, including reasonable attorney’s fees, in any way arising from, related to or in connection with your use of the Sites or service provided on them, your violation of the Terms of Use or the posting or transmission of any materials on or through the Sites by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

You Agree to Virginia Law and Jurisdiction; International Use

The Sites and services on them are controlled and/or operated by PRIVO from its offices within the Commonwealth of Virginia, United States of America. PRIVO makes no representation that materials on the Sites are appropriate or available for use in other locations outside the United States. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Virginia, as it is applied to agreements entered into and to be performed entirely within such State. Any action you or any third party might bring in connection with any matters related to the Sites, the PRIVO PROTECT Service, or the PRIVO iD Platform aka PRIVO-Lock™ system shall be brought only in either the state or Federal Courts located in Virginia, and you expressly consent to the jurisdiction of said courts.

Severability

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

Who May Assign/Enforce This Agreement

PRIVO’s successors and assigns may fully enforce any term or provision of these Terms of Use, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign the Terms or any of your rights or obligations under the Terms without PRIVO’s express written consent.

Complete Integration/Waiver

The Terms of Use constitute the entire agreement between you and PRIVO and govern your use of the Sites, superseding any prior agreements between you and PRIVO. You also may be subject to additional terms and conditions that are applicable to certain parts of the Sites. Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify these Terms of Use; the words contained in this document control the entire meaning of this agreement. Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and PRIVO will not waive the right to enforce any provision of this agreement except in writing.

Notices

Notices to you may be made via either email or regular mail. The Sites may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Sites.  

Contacting Us

To contact us with any questions or concerns in connection with this agreement or the Sites, or to provide any notice under this agreement to us please go to Contact Us or write to us at:

17949 Main St., #1025
Dumfries, VA 22026
703–569–0504 (telephone)
703–783–8752 (fax)
privacy@privo.com (email)
Attn: Privacy Officer