Terms of use & Privacy policy

1. General

These terms and conditions of use (Terms of Use) apply to your access to and use of
www.virtace.com (the Website). This Website is owned by Virtace Inc. (Virtace). Virtace has
the right at any time to change, alter, add and/or remove portions of the Terms of Use by
updating the contents of this page. You are advised to periodically visit this page and review
current Terms of Use. Virtace, at its sole discretion, and without prior notice, reserves the right to
alter or discontinue any aspect or feature of this Website, including but not limited to, the
content, equipment and software needed for access or use, and minimum equipment and software
requirements of this Website.
Please read our Terms of Use carefully before using the Website. By using the Website, you
agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with any
part of these Terms of Use or our Privacy Policy, you must not use the Website. Your continued
use of the Website will constitute your acceptance of these Terms of Use and our Privacy Policy,
as may be modified by Virtace at any time without notice to you. Please check this page
regularly for updates. The amended Terms of Use will be effective from the date they are posted
on this Website. Your continued use of this Website will constitute your acceptance of the
amended Terms of Use.
If you breach any term of these Terms of Use, your right to access and use this Website shall
cease immediately.
This Website contains information for and is designed for use in Canada and for those requiring
our products and services in Canada. If you access this Website outside Canada, you will hold
Virtace harmless in the event that accessing information on the Website is in violation of your
local laws. Exporting information from the Website is subject to all export laws and you will
hold Virtace harmless should any export of information from the Website be considered a
violation of local laws.

2. Our Service

Information on the Website is provided for general purposes only. Information should not be
relied upon, as it is provided for you to select the product or service that you feel is most
appropriate to meet your needs. You should always check the suitability, adequacy and
appropriateness of the product or service that is of interest to you and it is your sole decision
whether to obtain or refrain from obtaining any product or service. If you are in any doubt as to
the suitability, adequacy or appropriateness of any product or service referred to on this Website,
we suggest that you seek independent professional advice before you obtain any product or
service via this Website.

Last updated: June 3, 2020 16
Please be aware that nothing on this Website is, or shall be deemed to constitute, an offer by us
or any third party to sell to you any product or service. Nor will we enter into any contract with
you in respect of any product or service. By submitting your details, you are making an offer to
obtain the relevant product or service from us or the relevant third party on our or its terms and
conditions that may be accepted or rejected. The contract for the product or service will only be
concluded once your offer has been accepted.

3. Permitted Use

You are only permitted to access and use this Website for your personal, non-commercial
purposes, meaning this Website may only be accessed and used directly by a private individual
or by a business to seek a product or service directly for that individual or business and on their
own behalf. Access to and use of this Website other than for your personal, non-commercial
purposes is strictly prohibited.
You are not permitted to use this Website:
 In any unlawful, fraudulent or commercial manner.
 To harm, threaten, abuse, embarrass, defame, libel, intimidate or harass another person,
or in a way that invades another person’s privacy or is obscene, offensive, hateful,
indecent, inappropriate, objectionable, unacceptable, discriminatory or damaging as
determined by us.
 To create, check, confirm, update, modify or amend your own or another person’s
databases, records or directories.
 To tamper with, modify, reverse engineer or amend any part of this Website.
 In a way that interferes with, disrupts or imposes an unreasonable or disproportionately
large burden on our communications and technical systems as determined by us.
 Using any automated software, process, program, robot, web crawler, spider, data
mining, trawling or other ‘screen scraping’ software, process, program or system.
You may operate a link to this Website provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, as determined by us. You must not
operate a link to this Website in such a way as to suggest or imply any form of association,
approval or endorsement by us. We reserve the right to require you to immediately remove any
link to this Website at any time and we may withdraw any linking permission at any time.
All intellectual property rights including, without limitation, all copyright, design rights, patents,
inventions, logos, business names trading names, service marks, trade-marks, internet domain
names, moral rights, rights in databases, data, source codes, software, specifications, know-how
processes and business method (in all cases whether registered or unregistered and including all
rights to apply for registration) in and relating to this Website (including information, content,
material or data displayed on it) belong to us or our licensors and all such rights are reserved.
This Website and its contents are protected by Canadian copyright laws and other applicable
laws and provisions of countries throughout the world and are owned by Virtace. Under no
terms, implied or expressed, may you directly or indirectly (i) modify, enhance, alter or in any

Last updated: June 3, 2020 17
way change the Website or prepare derivative works from the Website; (ii) reverse engineer,
decompile or disassemble the Website; (iii) use the Website or its contents for any commercial
purposes; (iv) publish, distribute, extract, excerpt, display, reformat, reutilize or reproduce the
Website; (v) use any automated software, process, program or system, robot, web crawler,
spider, data mining, trawling or other ‘screen scraping’ software, process, program or system on
the Website; (vi) sell or transfer the Website or any material herein to any third party; or (vii)
tamper with, obstruct, conceal, modify, manipulate, alter, transmit, remove or destroy any
material contained within the Website, including any copyright, patent, trademark,
confidentiality notices or other items which may be considered intellectual property that are
placed upon or contained within the Website.
Images displayed on this Website are protected by copyright and may not be reproduced or
appropriated in any manner without the prior written consent of their respective owner(s).

4. Disclaimer of Warranty; Limitation of Liability

THE WEBSITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED BY
VIRTACE ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIRTACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE
RISK AND RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
VIRTACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Neither Virtace nor any of its officers, directors, employees, contractors, agents, suppliers or
licensors warrant that access to the Website will be uninterrupted or error free; nor do they make
any warranty as to the results that may be obtained from use of the Website, or as to the accuracy
or reliability of any information, service, or product provided through the Website. Any content
accessed, downloaded or otherwise obtained on or through the use of the Website is used at your
own discretion and risk.
Virtace reserves the right to make changes or updates to, and monitor the use of, the Website and
content provided on or through the Website at any time without notice.

IN NO EVENT WILL VIRTACE, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS, SUPPLIERS, LICENSORS, AGENTS OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR THE
CONTENT INCLUDED THEREIN BE LIABLE TO YOU OR ANY THIRD PARTY IN
CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC

Last updated: June 3, 2020 18

LOSS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, ITS
SERVICES OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY
ON OR THROUGH THE WEBSITE, ANY DEALINGS WITH VENDORS OR OTHER
THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR
NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR
OTHER CONTENT, ANY SERVICE AVAILABLE THROUGH THE WEBSITE THAT IS
DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERENCED OR LINKED TO
FROM THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. IN
NO EVENT SHALL VIRTACE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
THEIR OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THE WEBSITE.

5. Indemnification

You agree to defend, indemnify and hold Virtace and its directors, officers, employees, agents,
contractors, suppliers and licensors harmless from all third party claims, demands, losses,
damages, costs (including reasonable legal fees and disbursements), actions or other proceedings
made, sustained, brought or prosecuted by any third party in any manner, based upon, or
occasioned by, or attributed to any injury, infringement or damage arising from or out of use of
the Website, your connection to the Website, your violation of these Terms of Use, or your
violation of any rights of another person or entity relating to the Website.

6. Third Party Content and Links

The Website may provide links to other websites and access to content, products and services
from third parties, including information providers and users. All third party websites linked to
or from the Website are independently operated and maintained and you expressly agree that
Virtace is not responsible for the availability of and content provided on third party websites.
YOU AGREE THAT VIRTACE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE
YOU MAY SUFFER OR INCUR IN CONNECTION WITH YOUR USE OF ANY THIRD
PARTY WEBSITES OR FOR ANY ACTS, OMISSIONS, ERRORS OR DEFAULTS OF ANY
THIRD PARTY IN CONNECTION WITH THEIR WEBSITE OR ARISING FROM YOUR
DEALINGS WITH THE THIRD PARTY.
By providing links to third parties within the Website, Virtace does not endorse, recommend or
accept responsibility for such third parties, their products or services, their websites, or for any
information, opinions or views given or advice provided by such third parties (whether on their
websites or otherwise). Nothing contained herein shall be deemed to constitute a partnership,
joint venture or other relationship between the operators of the linked sites and Virtace.

Last updated: June 3, 2020 19
Your use of any third party website will be governed by the terms and conditions of use and
privacy policy applicable to that website. Such terms and conditions of use and privacy policy
will be different from these Terms of Use and our Privacy Policy. It is your responsibility to
ensure that you understand and agree with the terms and conditions of use and privacy policy of
any Third Party website before using that website. Virtace is not responsible or liable for any
loss or damage you may suffer or incur in connection with the terms and conditions of use or the
privacy policy applying to any third party website or for any acts, omissions, errors or defaults of
any third party in connection with those terms and conditions of use and/or privacy policy.

7. Unsolicited Ideas and Products

Virtace does not accept or consider unsolicited ideas, including ideas for new advertising
campaigns, new promotions, new products or technologies, processes, materials, marketing plans
or new product names. Virtace does not accept any unsolicited original creative artwork,
samples, demos, or other works. The sole purpose of this policy is to avoid potential
misunderstandings or disputes when Virtace’s products or marketing strategies might seem
similar to ideas submitted to Virtace. If, despite this request, you still send any of the above items
to Virtace, Virtace makes no assurances that your ideas and materials will be treated as
confidential or proprietary.

8. Miscellaneous

These Terms of Use and any other rules, guidelines, licenses and disclaimers posted on the
Website constitute the entire agreement between you and Virtace with respect to your use of the
Website. You agree that all matters relating to your access to or use of the Website shall be
governed by the laws of the Province of Ontario and the laws of Canada applicable therein,
without regard to the principles of conflict of laws. You agree to submit to the exclusive
jurisdiction of the courts of the Province of Ontario sitting at Toronto. If for any reason a court of
competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect
the intent of the parties as reflected by that provision, and the remainder of the Terms of Use
shall remain in full force and effect. Any failure by Virtace to enforce or exercise any provision
of these Terms of Use or related right shall not constitute a waiver of that right or provision. The
section headings used herein are for convenience only and shall not be given any legal import.

Last updated: June 3, 2020 20

Privacy Policy
Virtace Inc. (Virtace) respects your privacy and is committed to protecting the Personal
Information that you share with us. Generally, you can browse through our website without
giving us any information about yourself. If or when we do need your Personal Information to
provide services you request or when you choose to provide us with your Personal Information,
this policy describes how we collect and use your Personal Information.
By accessing this website, you expressly agree to the terms set out in this Privacy Policy and any
amendments that may be made to it from time to time.
1. What Is Not Covered By This Privacy Policy
This Privacy Policy only covers our collection, use and disclosure of Personal Information
(defined in section 2). This Privacy Policy does not cover:
 Information that is not personally identifiable, such as type of browser or operating
system you are using, your network, our web pages you have visited, other web pages
you have visited before and after visiting ours, type of device, general location
information and other similar types of anonymous or de-identified information that may
be collected and used by us and third parties, including advertisers.
 Aggregate data that cannot be associated with a specific person, such as demographic
statistics about visitors to our website, or number of visitors and average time spent on
our website.

2. Information Collection

“Personal Information” means any information that may be used to identify an individual.
Personal Information that we may collect includes: a first and last name, email address, a home,
postal or other physical address, title, occupation, industry, credit card information, or other
information needed to provide a product or service you request.
Virtace collects Personal Information when you retain us to provide products or services, when
you use certain of our products or services, when you ask to be included in an email or other
mailing list, when you sign up for an event, when you submit your Personal Information to us
through a web form, or when you submit your Personal Information to us for any other reason.
We do not automatically collect Personal Information, including your email address. We do
collect the IP (Internet protocol) addresses of all visitors to our website and other related
information, such as page requests, browser type, operating system and average time spent on
our website. We use this information to monitor and improve our website. We do not link your
IP address to any Personal Information you provide to us.

Last updated: June 3, 2020 21

3. Notice

When Personal Information is collected, we will inform you at the point of collection of the
purpose for the collection. Virtace will not disclose your Personal Information to third parties
without your consent, except under the limited conditions described under "Information Sharing and Disclosure" below. We will always give you the opportunity to "opt in" to receiving direct marketing or market research information. This means we assume you have NOT given us your consent to collect and use your Personal Information in accordance with this Privacy Policy unless you take affirmative action to indicate that you do consent by clicking or checking the appropriate option or box at the point of collection.

4. How We Use Collected Information

Virtace collects information for several general purposes:
4.1. Fulfill your requests
To fulfill your request for products or services. Your information may be passed to a third-party
business, such as a payment processor or software vendor, for the purpose of that business
contacting you or otherwise providing information, products or services you may have requested.
As stated above, this would only be done if you have expressly consented to such disclosure or
asked for information from a particular business.

4.2. Internal analytics
To understand how visitors interact with our website, to improve the operation and performance
of our products and services, to develop new products and services, to detect fraud, and to
improve security.

4.3. Communicate offers and promotions
To provide you with information about our products and services, or other information we think
you would like to hear about. You can withdraw your consent to specific types of email
communications by clicking on the “Unsubscribe” link provided at the bottom of the email
message. Note that if you have retained Virtace to provide any products or services, you will
continue to receive communications that directly pertain to our business relationship.

4.4. Enforce our Terms & Conditions
To contact you regarding issues with your use of our services, such as public comments that
violate our Terms of Use. We reserve the right to contact you if we have reason to believe that
you have violated our Terms of Use.

4.5. Other reasons

Last updated: June 3, 2020 22
We generally use your Personal Information for the purposes of managing, administering,
collecting or enforcing customer accounts, managing and administering our business, and
meeting all relevant Canadian and international regulatory, legal, insurance, audit, security and
processing requirements.

5. Information Sharing and Disclosure
Your Personal Information is never shared outside Virtace without your permission, except
under conditions explained within this document or as may be required by law. Your information
may be stored and processed in Canada or any other country where Virtace, its vendors, partners,
or agents are located. If your Personal Information is processed and stored in another country,
that country's governments, courts, law enforcement or regulatory agencies may be able to obtain
disclosure of your Personal Information under the laws of that country.
Virtace may send your Personal Information to other companies or people under any of the
following circumstances:
 when we have your consent to share the information
 we need to share your information to provide the product or service you have requested
 we need to send the information to companies who provide services on our behalf such as
data processing, account administration, analytics and marketing (we will only provide
those companies the information they need to deliver the service, and they are prohibited
from using that information for any other purpose)
 if you have opted in, to keep you up to date on the latest product announcements,
software updates, special offers or other information we think you would like to hear
about either from us or from our business partners
 if required to do so by law
 to enforce our Terms of Use
 in urgent circumstances, to protect personal safety, the public, or our websites
 in connection with a sale, merger, transfer, exchange or other disposition of all or a
portion of our business, in which case the successor will possess your Personal
Information

6. Cookies

Like most websites, Virtace relies on cookies to provide website functionality and to deliver the
best experience for our visitors. We also use cookies in email communications sent through
MailChimp to determine whether the emails have been opened.
Cookies are small text files containing a unique identifier that are placed in your browser in order
to store information about your web browsing and usage of a website. A cookie file can contain
information such as a user ID, device IP address (which does not reveal your identity), and usage
data, such as the number of page views, frequency of visits, time spent on a particular page, and
other similar statistics pertaining to your use of our website and services. However, the only

Last updated: June 3, 2020 23
Personal Information a cookie can contain is information you supply yourself. A cookie cannot
read data off your hard disk or read cookie files created by other websites.
Virtace may use cookies in connection with the website for any lawful business purpose,
including to:
 track the movements of visitors through the website
 track whether a visitor who has provided us with Personal Information through a website
form visits the Virtace website again
 diagnose problems with servers
 gather broad demographic information
 conduct research
 deliver editorial content
 administer the website
Google may set cookies on the Virtace website to collect data for its various data products and
services, such as Google Analytics. Some data and/or Personal Information may be transferred to
Google via these cookies and may be combined with data from other websites, mobile
applications, and sources. For additional information about how Google uses your data or
Personal Information, please visit https://policies.google.com/technologies/partner-sites. By
continuing to use the Virtace website, you consent to the transfer of your Personal Information to
Google, which is located in the United States. As noted in Section 5, if your Personal
Information is processed and stored in another country, that country's governments, courts, law enforcement or regulatory agencies may be able to obtain disclosure of your Personal
Information under the laws of that country.
You may opt out of sharing your data or Personal Information with Google by disabling cookies
in your web browser, app or device.
If you prefer not to receive cookies while browsing our website, you can set your browser to
warn you before accepting cookies and refuse the cookie when your browser alerts you to its
presence. You can also refuse all cookies by turning them off in your browser, although you may
not be able to take full advantage of the Virtace website if you do so. You may be required to
accept cookies in order to complete certain actions on our website; however, you do not need to
have cookies turned on to browse many parts of our website.

7. Third Party Sites

The Virtace website may at times contain links to other websites operated by third party
companies. Virtace does not share your Personal Information with those websites and is not
responsible for the privacy practices of websites operated by third parties that are linked to our
website. Once you have left our website, you should check the applicable privacy policy of the
third party website to determine how they will handle any information they collect from you.

8. Data Security

Last updated: June 3, 2020 24
Inside Virtace, we safeguard the security of the data you send us with physical, electronic, and
managerial procedures. In certain areas of our website, Virtace uses industry-standard SSL-
encryption to enhance the security of data transmissions. While we strive to protect your
Personal Information, we cannot ensure the security of the information you transmit to us, and so
we urge you to take every precaution to protect your personal data when you are on the Internet.
Change your passwords often, use a combination of letters and numbers, and make sure you use
a secure browser.

9. Children and Privacy

Our website does not target and is not intended to attract children under the age of 18. Virtace
does not knowingly solicit Personal Information from children under the age of 18 or send them
requests for Personal Information.
10. Retention, Review and Deletion of Personal Information
We retain Personal Information about Virtace customers, partners, and vendors for up to six
years after our business relationship ends. We retain Personal Information about marketing
contacts for up to one year after our last marketing communication to you, unless you request
that we delete it sooner.
You have the right to request a copy of the Personal Information that Virtace holds about you
and to have any inaccuracies corrected. You also have the right to have your Personal
Information removed from our marketing database if you no longer wish to receive marketing
communications. You may have a right to restrict or object to the processing of your Personal
Information, to have your Personal Information deleted, or to exercise a right to data portability
under applicable data protection law. Additionally, if we rely on consent to process your
Personal Information, you have a right to withdraw it at any time and free of charge. Please send
any requests to review or delete your Personal Information to the Chief Technology Officer. See
Section 13 for contact information.

11. Changes to this Privacy Policy

Virtace will amend this Privacy Policy from time to time. If we make any substantial changes in
the way we use your Personal Information, we will make that information available by posting a
notice on our website.

12. Accessibility

Virtace is committed to creating an accessible organization by removing barriers for people with
disabilities, whether they work for Virtace, do business with Virtace, or are members of the
public who interact with us. 

13. Contact Us about Your Personal Information

If you have questions or concerns about our collection, use, or disclosure of your Personal
Information, please contact Chief Technology Officer, Virtace Inc., [street address], [phone

Last updated: June 3, 2020 25
number] or info@virtace.com. We will respond to your query promptly, and in any event, not
later than 30 days after receipt.
This document was last updated June 26, 2020.

© 2020 Virtace Inc. All Rights Reserved.