Terms, Conditions & Privacy Policy


Last updated: March 25, 2021


Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://advital.app website (the “Service”) operated by Ad Vital, LLC (“us”, “we”, or “our”). Ad Vital is a brand of Ad Vital, LLC in the United States.


Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


Subscriptions


Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a yearly basis.


At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Ad Vital cancels it. You may cancel your Subscription renewal by contacting Ad Vital customer support team.


A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Ad Vital with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Ad Vital LLC to charge all Subscription fees incurred through your account to any such payment instruments.


Should automatic billing fail to occur for any reason, Ad Vital will issue a warning via email. If full payment is not made by due date, services may be immediately halted.


Fee Changes


Ad Vital, 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.


Ad Vital 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.


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


Refunds


All requests for refunds that we receive within 14 days of the purchase time will be accepted. Certain refund requests for Subscriptions after this time window may be considered by Ad Vital on a case-by-case basis and granted in sole discretion of Ad Vital.


Accounts


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.


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


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


Links To Other Web Sites


Our Service may contain links to third-party web sites or services that are not owned or controlled by Ad Vital.


Ad Vital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ad Vital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.


We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


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 Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.


All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification


You agree to defend, indemnify and hold harmless Ad Vital, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.


Limitation Of Liability


In no event shall Ad Vital, nor 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) 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.


Disclaimer


Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is 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.


Ad Vital LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Exclusions


Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Ad Vital ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Ad Vital or any person for whom Ad Vital is responsible, and even if Ad Vital has been advised of the possibility of such loss or damage being incurred.


Governing Law


These Terms shall be governed and construed in accordance with the laws of Texas – United States, 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 Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Changes


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.


Privacy Policy


This website privacy policy describes how Ad Vital LLC protects and makes use of the information you give the company when you use this website.


If you are asked to provide information when using this website, it will only be used in the ways described in this privacy policy.


This policy is updated from time to time. The latest version is published on this page.


If you have any questions about this policy, please email contact us.


Introduction


We gather and use certain information about individuals in order to provide products and services and to enable certain functions on this website.


We also collect information to better understand how visitors use this website and to present timely, relevant information to them.


What data we gather


We may collect the following information:


Name

Contact information including email address and address

Website usage data

Other information pertaining to special offers and surveys

How we use this data


Collecting this data helps us understand what you are looking from the company, enabling us to deliver improved products and services.


Specifically, we may use data:


For our own internal records

To improve the products and services we provide

To contact you in response to a specific enquiry

To customize the website for you

To send you promotional emails about products, services, offers and other things we think might be relevant to you.

To contact you via email, telephone or mail for market research reasons.

Cookies and how we use them


What is a cookie?


A cookie is a small file placed on your computer’s hard drive. It enables our website to identify your computer as you view different pages on our website.


Cookies allow websites and applications to store your preferences in order to present content, options or functions that are specific to you. They also enable us to see information like how many people use the website and what pages they tend to visit.


How we use cookies


We may use cookies to:


Analyze our web traffic using an analytics package. Aggregated usage data helps us improve the website structure, design, content and functions.

Identify whether you are signed in to our website. A cookie allows us to check whether you are signed in to the site.

Test content on our website. For example, 50% of our users might see one piece of content, the other 50% a different piece of content.

Store information about your preferences. The website can then present you with information you will find more relevant and interesting.

To recognize when you return to our website. We may show your relevant content, or provide functionality you used previously.

Use retargeting ads on other platforms such as Facebook/Twitter/Google/LinkedIn

Cookies do not provide us with access to your computer or any information about you, other than that which you choose to share with us.


Controlling cookies


You can use your web browser’s cookie settings to determine how our website uses cookies. If you do not want our website to store cookies on your computer or device, you should set your web browser to refuse cookies.


However, please note that doing this may affect how our website functions. Some pages and services may become unavailable to you.


Unless you have changed your browser to refuse cookies, our website will issue cookies when you visit it.


To learn more about cookies and how they are used, visit All About Cookies.


We will never lease, distribute or sell your personal information to third parties unless we have your permission or the law requires us to.


Any personal information we hold about you is stored and processed under our data protection policy, in line with the Data Protection Act 1998.


Security


We will always hold your information securely.


To prevent unauthorized disclosure or access to your information, we have implemented strong electronic security safeguards.


We also follow stringent procedures to ensure we work with all personal data in line with the Data Protection Act 1998.


Links from our site


Our website may contain links to other websites.


Please note that we have no control of websites outside the powrconnect.com domain. If you provide information to a website to which we link, we are not responsible for its protection and privacy.


Always be wary when submitting data to websites. Read the site’s data protection and privacy policies fully.


GDPR


Data Protection Officer


Under the regulation, ‘Ad Vital’ does not require a Data Protection Officer however, our senior data controller and GDPR practitioner can be contacted on:


Email: shitel@advital.app


The data we will process on your behalf include:


Name

Email address

IP Address

Our Legal Basis for Processing your Personal Data


We will process your data securely under the following legal basis:


We require a name, email address, and IP address for secure identification and correspondence.


We require contact details to notify on your usage of the service


Legitimate interests pursued by us or third parties we use, are as follows:


Your contact details may be shared with some third parties who provide services that support the services we provide to you. These details are not shared furthermore.


Special Categories of Personal Data


We do not store any ‘special’ personal data such as driving license, passport, or national insurance number.


Disclosure


‘Ad Vital’ will not pass on your data to third parties without first obtaining consent. The following third parties will receive your personal data for the following purposes as a part of processing activities:


Stripe for payments – https://stripe.com/gb/privacy


Mailgun for sending emails – https://www.mailgun.com/privacy-policy/


Google for backup and analytics – https://policies.google.com/privacy


High Level for service – https://www.gohighlevel.com/privacy-policy


Twilio for text and voice messaging – https://www.twilio.com/legal/privacy


Nextech EMR - https://www.nextech.com/privacy-policy/


Retention Policy


‘Ad Vital’ will process personal data for a maximum of 7 years to coincide with HMRC and accounting records.


Your Rights as a Data Subject


As a data subject, you will have the following rights:


Right of access – you have the right to request a copy of the information that we hold about you.


Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.


Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.


Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.


Right of portability – you have the right to have the data we hold about you transferred to another organization.


Right to object – you have the right to object to certain types of processing such as direct marketing.


Right to judicial review: in the event that ‘Ad Vital’ refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain in accordance with United States national law.


All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data.


In line with a Subject Access Request Procedure and Subject Access Request Form, ‘Ad Vital’ provide the appropriate ‘System Access Request’ from upon request.


Complaints


Please send any initial complaints to: shitel@advital.app


Specific Online Privacy Statement


Personal data


Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:


“any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.


Requesting data


‘Powr Connect’ accepts any of the following forms of ID when information on your personal data is requested:


Passport

Driving licence

Another form for ID which leaves no doubt of the data owner

Contact Us


OPTING OUT AND UNSUBSCRIBING

REVIEWING, CORRECTING AND REMOVING YOUR PERSONAL INFORMATION

If you provide us with your Personal Information, you have the following rights with respect to that information:


To review the user information that you have supplied to us

To request that we correct any errors, outdated information, or omissions in user information that you have supplied to us

To request that your user information not be used to contact you

To request that your user information be removed from any solicitation list that we use

To request that your user information be deleted from our records

To opt out of being solicited by Ad Vital LLC or third parties

To exercise any of these rights, please contact us at shitel@advital.app Attn: Privacy. We will promptly change, correct, or delete your information and notify you of the action we have taken.


ANTI-SPAM POLICY

Ad Vital will not use this website to in any way (whether directly or indirectly) send, transmit, handle, distribute, or deliver the following forms of SPAM:


Unsolicited emails in violation of the CAN-SPAM Act or any other law

Email to an address obtained via Internet harvesting methods or any surreptitious methods (for example, scraping or harvesting)

Email to an address that is incomplete, inaccurate, and/or not update for all applicable opt-out notifications, using best efforts and best practice sin the industry

Commercial electronic messages in violation of Canada’s Anti-Spam Legislation

If you feel that Nextech, or a member of our team, is not adhering to the above requirements, please contact us by email at shitel@advital.app Attn: Privacy. We will promptly ensure that any such violations of this Anti-Spam Policy are immediately ceased.


TO UNSUBSCRIBE FROM OUR COMMUNICATIONS

You may unsubscribe from our marketing communications by clicking on the "unsubscribe" link located on the bottom of our e-mails, or by sending us an email us at shitel@advital.app Attn: Privacy. Customers cannot opt out of receiving transactional emails related to their account with us or any Ad Vital services they may be using.

If you have any questions about these Terms, please contact us.