Use of Your Personal Information

General Information

Your privacy is important to us and maintaining your trust is a priority. We are providing this Privacy Policy to explain our online information practices and the decisions you can make regarding how your information is collected and used when viewing our websites and their sub-domains (the “Sites” or “Websites”). We also describe how we collect and use information while providing subscription hosting services (the “Services”) to our customers and resellers.

Please remember that your use of our Services is at all times subject to our. Hosting Enterprises, Inc. does business under the names Visory, RightSize Solutions, True North Networks and Swizznet. As used in these Terms, “Visory” shall mean either “Visory®”, “Swizznet”, “RightSize Solutions” or “True North Networks” as the case may be.

Why Collect Information

Visory collects and uses your personal information to operate and improve its sites and services. These uses may include providing you with more effective customer service; making the Sites or Services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services and technologies. We also use your personal information to communicate with you including, but not limited to, sending you certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. We may also occasionally send you product surveys or promotional mailings to inform you of other products or services available from Visory and its affiliates.

Behavioral Tracking and Advertising

Visory does not currently offer targeted advertising (or any online advertising) through our Sites, nor does Visory have any intention to do so. As such, we do not currently support any browser based Do Not Track (DNT) settings or participate in any DNT frameworks, and we do not assign any meaning to any potential DNT track signals you may send or alter any of our data collection or use practices in response to such signals.

General Collection and Use of Your Information

Visory uses cookies and other similar technologies on its Sites and we may collect your personal information to (i) to enable you to access and use the website and our Services; (ii) to enable us to identify you and the computer you use for security purposes; (iii) to operate, protect, improve and optimize our Sites, our Services, our business, and our users’ experience, such as to perform analytics, conduct research, and for advertising and marketing; (iv) to help create and maintain a trusted and safer environment on the Sites, including detection and prevention of unauthorized access, intrusion, and service interruption; (v) to conduct investigations and to respond to disputes between users, refund requests and other similar customer support activities; (vi) to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you; (vii) where we have your consent, to send you our newsletter, marketing and promotional messages and other information that may be of interest to you; and (viii) to comply with our legal obligations or requests from law enforcement agencies, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties. We may collect your personal information for employment purposes. If you are applying for or in anticipation of employment, we may collect your tax identification number, your education and employment history, and bank or credit card information to pay you or reimburse you for expenses. For our current employees (and their covered dependents), we may collect personal information to provide benefits, performance of any employment contract or anticipation of an employment contract with your or to process a termination. In addition to the personal information that we collect from you directly, we may also receive personal information about you from other sources, including third parties, business partners, affiliates, or publicly available sources.

Accessing Your Personal Information

You will have the ability to view or edit certain personal information online. In order to help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (log on name and password). You are responsible for creating and maintaining passwords on all of your hosted applications and databases, including  on the system. It is your responsibility to keep your passwords confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.

Security of Your Personal Information

VISORY is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number or password) over the Internet, we protect it through the use of encryption. No method of transmission over the Internet or method of electronic storage is one hundred percent secure. However, while we strive to use generally accepted means to protect your personal information, we cannot guarantee absolute security.

Sharing of Your Information

We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, hosting websites, processing transactions, or performing statistical analysis of our services. Those service providers will be permitted to obtain only the personal information they

need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. However, for credit card processing, our fraud detection vendors may use aggregate data to help improve their service. This helps them more accurately detect fraudulent uses of credit cards. We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of VISORY or our customers, including the enforcement of our agreements or policies governing your use of the services; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of VISORY employees, customers or the public. Except as described in this statement, we will not disclose your personal information outside of VISORY and its controlled subsidiaries and affiliates without your consent.

Third Party Software

The website contains software licensed by VISORY. Such software may contain their tracking technologies or may collect and solicit personal information from you. These third parties will have their own rules about the collection, use and disclosure of personal information. VISORY encourages you to read the terms of use and privacy policies and license agreements for the software used by Visory as part of its website. VISORY has no control over privacy practices of these third parties. VISORY uses certain software supplied by Citrix® to provide services to you. Use of Citrix’s software is subject to Citrix’s privacy policy (located  at http://www.citrix.com/about/legal/privacy.html?posit=glnav ) and the respective licenses for each of Citrix’s software. VISORY uses certain software supplied by Intuit® to provide services to you and process credit card payments. Use of lntuit’s software is subject to lntuit’s privacy policy (located at https://security.intuit.com/privacy/ ) and the respective license for each of lntuit’s software. VISORY uses certain software supplied by Sage® to provide services to you and process credit card payments. Use of Sage’s software is subject to Sage’s privacy policy (located at http://www.sage.com/us/legal ) and the respective license for each of Sage’s software. VISORY uses certain software supplied by Microsoft® to provide services to you. Use of Microsoft’s software is subject to Microsoft’s privacy policy (located at http://www.microsoft.com/privacystatement/en- us/core/default.aspx ) and the respective licenses for each of Microsoft’s software.

Transfers Upon Major Corporate Events

If VISORY or its owners engages in any merger, acquisition, reorganization, sale of all or substantially all of its assets or bankruptcy or insolvency, we may, as part of the transaction, sell, transfer or share some or all of your information, including your Personal Information.  We will not sell your Personal Information to any third party outside of a Major Corporate Event.

Changes to Your Personal Information

We rely on you to update and correct your personal information. Note that we may keep historical information in our backup files as permitted by law. You may update and correct your personal information by contacting us at sales@visory.net .

Choice and Opt-Out

If you no longer wish to receive our emails and any promotional communications, you may opt-out of receiving them by following the instructions included in each communication or by emailing us at sales@visory.net .

International Users

If you are located anywhere outside of the United States, please be aware that information we collect, including, Personal Information, will be transferred to, processed, and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Platform or providing us with any information, you consent to this transfer, processing, and storage of your information in the United States.

Notice to California Residents

Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), VISORY customers who are residents of California may request certain information regarding the disclosure of their Personal Information during the immediate prior calendar year to third parties for direct marketing purposes. You may make this request to confirm that VISORY does not disclose Personal Information for direct marketing purposes by writing us at the following address:

• VISORY, 16401 Swingley Ridge Rd, Suite 430, Chesterfield, MO 63017
• info@visory.net

Changes To This Privacy Statement

We will occasionally update this privacy statement to reflect changes in our services and customer feedback. When we post changes to this Statement, we will revise the “last updated” date at the bottom of this statement. If there are material changes to this statement or in how VISORY will use your personal information, we will notify you either by prominently posting a notice of such changes at www.visory.net  prior to implementing the change or by directly sending you a notification. We encourage you to periodically review this statement to be informed of how VISORY is protecting your information.

Last Updated: October 20, 2022

Privacy Notice for California Residents

Visory will update this notice as changing legal, technology or business developments warrant. Visory will post the up-to-date notice on the corporate website located in the Privacy Statement section as seen in the global footer. Visory will indicate when the notice was last updated. If you have questions about changes, please contact Visory through its website or by following the details below.

Visory is committed to protecting the privacy of personal information of individuals. This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). This notice is intended to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

·     Information We Collect

Visory collects information that identifies, relates to, describes references, is capable of being associated with or could be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, Visory has collected the following categories of personal information listed below from our consumers within the last twelve months.

·     Exclusions

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA’s scope, such as:
  • and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

·     Information Sources

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete on our website,
• Indirectly from you. For example, from observing your actions on our website or interactions with our partners.

·     Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to register for a webinar, we will use that information to process your registration.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To process your job application. Personal information provided will be analyzed and possibly matched against publicly available sources (e.g., LinkedIn®, Industry Certification Boards) to determine if you meet the job requirements.
• To determine your preferences for product marketing purposes.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
• To help maintain the safety, security and integrity of our products and services, databases and other technology assets and business.
• To evaluate or conduct a merger, restructuring, reorganization with respect to our assets in which personal information held by us about our users is included as part of the evaluation or transaction.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

·     Sharing Of Personal Information

We may disclose your personal information a third-party business partner for the purposes of delivering goods or services, processing webinar registrations, or managing you job application. When we disclose personal information for a business purpose, we execute a contract that describes the purpose for disclosures and restricts the uses and disclosures of the information to the stated business purposes.

In the preceding twelve (12) months, Visory as disclosed personal information to the following categories of third parties:

• Subcontractors who deliver services to you on behalf of Visory.
• Subcontractors who perform a service for Visory.
• Supply Chain partners to deliver products and services to you.

·     Sales Of Personal Information

In the preceding twelve (12) months, Visory has NOT sold personal information. Under the CCPA, the sale of personal information means “selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. If we do sell any personal information, we will update this privacy policy to list the categories of personal information sold.

·     Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

·     Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • If applicable, the categories of personal information we have sold and the categories of personal information that we sold about the consumer and the categories of third parties to whom the personal information was sold by category or categories of personal information foreach category of recipient to whom or which the personal information was sold; and
  • If we disclosed your personal information for a business purpose, identifying the business purpose and the personal information categories that each category of recipient obtained.

·     Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

·     Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

·     Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

·     Personal Information Sales Opt-Out and Opt-In Rights

The only time Visory sells your Personal Information is during a Major Corporate Event. It is not our policy to do business with consumers under the age of eighteen (18). If you are sixteen (16) years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between thirteen (13) and sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may opt-out of receiving them e- mailing us at:

• info@visory.net , or
• Mailing the request to: Visory 16401 Swingley Ridge Rd, Suite 430, Chesterfield, MO 63017

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.

·     Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website 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 us an electronic message through our website or write us at our address listed on our webpage.

Last Updated: July 19, 2024