End User License Agreement for UNIVERSE by ViewSonic Software

Copyright © 2021-2022 ViewSonic Corporation. All rights reserved.
Last updated on November 03, 2022

This End User License Agreement (“EULA”) is between you and ViewSonic Corporation (“ViewSonic”). It is applied to the UNIVERSE by ViewSonic software, and the related documentations licensed by ViewSonic and its licensor(s) and provided by ViewSonic to you (“Software Product”).

Please read this EULA carefully. If you do not agree to all of the terms of this EULA, you shall not use the Software Product. Your use of the Software Product indicates your acceptance of this EULA. All updates to the Software Product shall be considered part of the Software Product and subject to the terms of this EULA. If the update is accompanied by new terms of this EULA, then those terms apply.

By explicitly accepting this EULA or by installing or using the Software Product, you are acknowledging and agreeing to be bound by the following terms:

  1. GRANT OF NON-EXCLUSIVE LICENSE

This Software Product is licensed, not sold. You are granted a personal, non-exclusive, non-transferable and limited right for a single user to use this Software Product. Each concurrent user of the Software Product must obtain an additional Software Product license. Certain features of this Software Product are limited only to registered account users or registered and paid users, and you are allowed to use these features only if you are using a registered user account or a registered and paid user account and the user account must remain effective at the time of your use. These registered or registered and paid features does not allow concurrent use and each concurrent user must obtain his/her own registered or registered and paid user account.

  1. LICENSE LIMITATIONS.

The license granted in Section 1 is conditioned upon your compliance with the following limitations. All rights not expressly granted to you are retained by ViewSonic and/or its licensor(s). You are not permitted to:

    • a) work around any technical limitations in the Software Product or to use the Software Product in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in Software Product;
    • b) tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities;
    • c) reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Software Product, except and only to the extent that applicable law expressly permits, despite this limitation;
    • d) rent, lease, lend, distribute or in any way transfer any rights in this EULA or the Software Product to any third party without ViewSonic’s prior written approval provided that such successor agrees to the terms of this EULA and the initial user shall not retain any copies of the Software Product;
    • e) modify or make any derivative works or copies of the Software Product, in whole or in part;
    • f) remove any proprietary notices or labels on the Software Product or any copy thereof; or
    • g) make any use of the Software Product in any manner not permitted by this EULA.
    • h) disclose or give others your registered or registered and paid user account information whether in public or in private, or in any way allow others to use your registered or registered and paid user account.

 

  1. INTELLECTUAL PROPERTY

The Software Product is protected by copyright and other intellectual property laws and treaties. Except for the license rights expressly set forth in this EULA, you are not granted or received any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the Software Product, nor in any copy of any part of the foregoing.

  1. INDEMNIFICATION

You hereby agree to indemnify ViewSonic and its licensor(s) against and hold harmless ViewSonic and its licensor(s) from any claims, lawsuits, liability or other losses or damages, including but not limited to the reasonable attorney fees and litigation expenses, arising out of your breach of any provision of this EULA.

  1. THIRD PARTY SOFTWARE

Third party software may be provided along with the Software Product subject to separate license agreement(s) from such third party(s). By using this Software Product, you agree to be bound and abide by the aforesaid separate license agreement(s). The license under this EULA does not apply to such third party software. ViewSonic and its Licensor(s) are not responsible for any third party software and shall have no liability for your use of third party software.

  1. SUPPORT SERVICES

ViewSonic may, at its sole discretion, provide you with updates or supplements of the Software Product (“Support Services”). Use of any Support Services is governed by this ELUA and any update thereto. This EULA will be terminated on the date of the first occurrence of either of the following events: (1) one month after written notice of termination from you to ViewSonic; or (2) you breach any terms of this EULA or any terms of any other agreement between you and ViewSonic. Upon the termination of this EULA, further use of the Software Product is prohibited. You shall permanently remove and/or destroy the Software Products or any copies from your computer system(s), hard disk or other storage devices on which the Software Product is installed or stored.

  1. Privacy Policy

7.1 Applicability

This clause is not applicable to personal information collected in the European Union (EU), European Economic Area (EEA) or the United Kingdom (UK), or obtained in any manner from these jurisdictions. If you are an individual in the EU, EEA or the UK, your privacy rights will be subject to the General Data Protection Regulation (EU) or the United Kingdom General Data Protection Regulation (UK GDPR) as applicable, as stated in Appendix One.

7.2 Purpose

When you use the Software Product, ViewSonic and/or its authorized third party service provider may collect, store and run statistics and carry out analysis based on the use condition and information of the Software Product by you, which is purported to analyze the use condition of the Software Product, and improve services and to provide automatic software upgrade, so that ViewSonic can improve product, provide best user-friendly experience and personalized content to users. ViewSonic will take necessary protective measures, to protect your personal information. You can choose not to provide personal information or choose to provide part of personal information, but under such circumstance ViewSonic will not be able to provide product or services to you, or the product function and services provided by ViewSonic will not be able to meet the general requirements of the market.

7.3 Way

In order to better improve the Software Product, when user clicks the Software function button, the Software Product will record user’s operation behavior; under the condition that individual user’s privacy information is not disclosed illegally, ViewSonic or its authorized third party service provider has the right to analyze the database of operation behaviors of all users, and use the data of user’s operation behaviors for commercial purpose. Here are some examples of how ViewSonic and its authorized third party service provider may collect personal information and how ViewSonic and its authorized third party service provider may use such information:

7.3.1 When user creates a user account, purchases product, downloads and updates the Software, or participates in online survey, ViewSonic may collect various information, including but not limited to user’s name, display name, institutes, title, telephone number, email address, contact information, mac address, IP address, preference, hardware specification, and Windows version.

7.3.1 When institutes import user profile into the Software Product, ViewSonic may be provided or collect various information, including but not limited to user’s name, display name, email address, IP address, preference, hardware specification, and Windows version7.3.2 In accordance with laws, ViewSonic may, during the individual user real-name certification procedures, request user to provide authentic and valid identity certificate issued by the relevant government authority, but such request only applies to a small number of cases.

7.4 Use

7.4.1 By using the personal information so collected, ViewSonic can notify user of the release of the latest product, software update and activities and provide automatic software update.

7.4.2 ViewSonic will also use personal information for the following purposes: help ViewSonic to create, develop, operate, provide and improve ViewSonic’s product, services, content and advertising, and other normal and reasonable commercial activities.

7.4.3 ViewSonic may use personal information to send important notices, for example, information about product purchase, and change in terms, conditions and policies. Given that such information is critical to the communication between user and ViewSonic, in principle user cannot refuse to receive such information, unless user ceases to use the Software.

7.5 Collection and Use of Non-personal Information

7.5.1 ViewSonic also collects and uses data that cannot be directly linked to any specific person (i.e. non-personal information).

7.5.2 ViewSonic can collect, use, transfer and disclose non-personal information for any purpose.

7.5.3 Here are some examples of How ViewSonic and its authorized third party service provider may collect non-personal information and how ViewSonic and its third part service provider may use such information: ViewSonic may collect information such as occupation, language, zip code, area code, unique device identifier, referral URL, location and user’s time zone when using the Software, so that ViewSonic can better understand user’s behavior, improve ViewSonic’s product, services and advertising.

7.5.4 ViewSonic may collect information generated when user logs on and does retrieval in the Software Product. ViewSonic will summarize such information, to help ViewSonic to provide more useful information to user and to help ViewSonic to know which part of ViewSonic’s product and services user is most interested in, so that ViewSonic can improve the service quality and make it more relevant.


 

  1. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) ARE PROVIDED "AS IS" AND VIEWSONIC AND ITS LICENSOR(S) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. VIEWSONIC AND ITS LICENSOR(S) DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NO VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE SOFTWARE PRODUCT OR SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) REMAINS WITH YOU.

  1. LIMITATION OF DAMAGES AND LIABILITIES

YOU CANNOT RECOVER ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, DAMAGES TO YOUR DEVICE OR OTHER SYSTEMS, LOSS OF GOODWILL, LOSS OF TIME OR INTERRUPTION OR DISCONTINUATION OF BUSINESS OPERATION) ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE PRODUCT, SUPPORT SERVICES OR THIS EULA, EVEN IF VIEWSONIC AND/OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. VIEWSONIC AND ITS LICENSOR(S) SHALL IN NO WAY BE HELD LIABLE OR RESPONSIBLE FOR, AND YOU SHALL INDEMNIFY AND HOLD VIEWSONIC AND ITS LICENSOR(S) HARMLESS FROM ANY LIABILITIES FOR, ANY UNLAWFUL OR ILLEGAL USE OF THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE EXTRACTION AND USE OF COPYRIGHTED DATA FROM EXTERNAL SOURCES (E.G. WEB PAGES).

  1. HIGH RISK ACTIVITIES

The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, and weapons systems, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, ViewSonic and its licensor(s) specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that ViewSonic and its licensor(s) will not be liable for any claims or damages arising from such use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.

  1. GENERAL

This EULA is the complete statement of the agreement between you and ViewSonic on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

No amendment or modification of any terms of this EULA shall be effective unless agreed by ViewSonic and its licensor(s) in writing.

You acknowledge that any breach of any terms of this EULA will cause ViewSonic and its licensor(s) great and irreparable harm, for which remedies available at law are inadequate. ViewSonic and its licensor(s) shall therefore be entitled to seek injunctive and other equitable relief, including but not limited to, specific performance, to prevent a breach, continued breach or threatened breach of this EULA, in addition other remedies ViewSonic and its licensor(s) are entitled to seek.

You agree to comply with all applicable laws that apply to the Software Product and your use of the Software Product, including but not limited to export control laws and regulations required by any governments.

 Any waiver by ViewSonic or its licensor(s) of any violation of this EULA by you shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision, of this EULA.

  1. Governing LAWS AND JURISDICTION

You expressly agree that this EULA shall be governed and construed solely in accordance with the laws of the State of California without giving effect to conflicts of law principles thereof. You further agree that if you or any of your agent, representative or heir brings any litigation as the plaintiff against ViewSonic, the federal or state courts in Los Angeles, California shall have the exclusive jurisdiction in any conflict or dispute or other cause arising out of or in connection with this Software Product or this EULA. You further agree that if ViewSonic brings any litigation as the plaintiff against you or any of your agent, representative or heir, the federal or state courts in Los Angeles, California shall have the personal jurisdiction in any conflict or dispute or other cause arising out of or in connection with this Software Product or this EULA and ViewSonic may bring a litigation in either the aforesaid courts or any other courts in your place of domicile or residence.

  1. CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact ViewSonic for any reason, please direct correspondence:

Company: ViewSonic Corporation
Address: 10 Pointe Dr., Suite 200, Brea, CA 92821, USA
 https://universe.viewsonic.io/contact

Appendix One: Privacy Rights of Individuals Residing in the EU, EEA and UK.

If you have downloaded UNIVERSE by ViewSonic (the “Software Product”) we make the following Privacy Policy available to you to explain how we receive, collect, process and manage your personal data. 

  1. INTRODUCTION

If you are an individual in the EU or EEA, your privacy rights are subject to the following under the General Data Protection Regulation (the “GDPR”) and relevant national data protection laws. References herein to the GDPR shall be taken to be references to the UK GDPR for individuals in the jurisdiction of the UK. The GDPR and UK GDPR are substantially similar. 

At ViewSonic we take protecting the confidentiality and personal information of our partners and customers seriously, and with this in mind we adhere to the following Privacy Policy and provide the following information in accordance with Art. 13 and Art. 14 of the GDPR. 

You may be using the Software Product through your respective organisation (e.g. school, company or institution). According to the GDPR, your organisation is the controller when they make the Software Product available for your use. Your data is processed under the responsibility of your organisation, depending on the Software Product usage. We (ViewSonic Corporation) are then a data processor. This means that we process the data exclusively upon the instructions of your organisation. Your organisation as the responsible body continues to bear the responsibility for confidential and compliant data processing. 

 

The data that we process on behalf of your organisation and receive from your organisation is processed exclusively based on an appropriate legal basis. You can find this in the privacy policy of your respective organisation.  There you will also find further information about the processing, e.g. recipients of the data, storage period, etc. In the following, we name further processing that exists through the use of the Software Product and for which you can also take information from the privacy policy of your organisation. They are listed here again for your information. 

 

  1. THE RESPONSIBLE PARTY

The responsible party within the meaning of data protection laws, in particular the GDPR, for processing activities where ViewSonic Corporation is the controller is: 

ViewSonic Corporation

10 Pointe Drive, Suite 200, Brea, CA 92821, USA

universe.support@viewsonic.com

For the processing activities where your organization is the controller, please carefully read their privacy policy.

  1. YOUR DATA SUBJECT RIGHTS

You can exercise the following rights at any time using the contact details provided by our data protection officer:

  • Information about your data stored by us and its processing (Art. 15 GDPR),
  • Correction of incorrect personal data (Art. 16 GDPR),
  • Deletion of your data stored by us (Art. 17 GDPR),
  • Restriction of data processing, unless we are not yet allowed to delete your data due to legal obligations (Art. 18 GDPR),
  • Objection to the processing of your data by us (Art. 21 GDPR) and
  • Data portability, insofar as you have consented to the data processing or have concluded a contract with us (Art. 20 GDPR).

If you have given us consent, you can revoke it at any time with effect for the future.

You may at any time lodge a complaint with a supervisory authority, e.g. the competent supervisory authority in the federal state, province, or country of your residence or the authority responsible for us as the controller.

 

 

Disclaimer:

For the free trial, ViewSonic is the sole Controller of the data processed. We will delete your personal data processed when you did not sign into your account for 12 months, unless we have to store them for legal reasons. Whenever there is a difference in the processing when ViewSonic is sole Controller, we highlight this in the sections below.

Please understand that the legal bases given in the following context are only given where ViewSonic is the sole Controller. Organizations have to implement their own legal bases and purposes when introducing UNIVERSE to their organizations. Organizations are responsible to implement their own privacy policy when using UNIVERSE. This privacy policy only tells you how ViewSonic processes your data when being the Controller and introduces the functions of UNIVERSE to you. 

  1. YOUR ACCOUNT 

During our free trial, you can register as teacher and student for an account with us. The account allows you to try out our product and get a first insight in UNIVERSE. Please note, during our free trial, ViewSonic is Controller of your data. The processing of your data takes place as set out in Sections 4.1 and 4.2 of this Privacy Policy.

If you are using the Software Product through your organisation, the following may be applicable:

 

  1. Registration of an account directly

 

Nature and purpose of processing:

When you create an account for UNIVERSE, the following data is processed:

  • First and last name
  • E-mail address 
  • Your chosen UNIVERSE name
  • A checksum of the password you have chosen
  • Your role (student, teacher)
  • Your personal avatar (chosen by you)
  • Your organization
  • Optional: Remember me on this device

 

This data is used to maintain your account, communicate with you and allow you to use the Software Product. 

 

Legal basis:

When registering for a free trail, the processing of your data is based on Art. 6 (1) (b) GDPR for the performance of our contract with you. 

When you register for an account after invitation of your organization, the legal basis for the processing is Art. 6 (1) (a) GDPR, consent to the processing. 

 

Recipients: 

Recipients of the data are, if applicable, technical service providers who act as data processors for the operation and maintenance of our Software Product. 

 

Storage period: 

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

For the free trial, ViewSonic is the controller of your data. We store the data as long as you use the free trial. We delete your data when you did not sign in to your account for 12 months.

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

Provision prescribed or required:

The provision of your personal data is not required by law or contract but is necessary for the creation of an account for the Software Product. If you do not consent to the processing, you will not be able create an account for the Software Product.

 

  1. Registration of an account via Google

 

When you register an account for UNIVERSE via Google, your necessary information is transferred to Google. Your login details for Google is then used to create your UNIVERSE account, meaning that we process your necessary personal information as data processor. For example, we will receive your Google email address from Google in order to create your account. If your account for Google is linked to your organisation, there may be a joint controllership. Please refer to your organisation for further information should this be the case. 

 

  1. Payment

 

Nature and purpose of processing:

When you purchase UNIVERSE licences for your organization, we process the following data for payment purposes:

  • Your Order ID
  • Credit Card Holder Name
  • Billing Address
  • Customer Address
  • Amount payable
  • Tax Exempts
  • Phone Number

The data is processed for the payment of the chosen licenses by you and stored for tax purposes.

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (b) GDPR for the performance of the contract.

 

Recipients:

Recipient of the data is Stripe, Inc. as our data processor. We have all necessary data agreements in place.

 

Third Country Transfer:

Your data will be processed outside of the EU, EEA and UK. We have concluded Standard Contractual Clauses with our Processor.

 

Storage period:

We store your data until it is no longer required for legal reasons (e.g. taxation purposes).

 

Provision prescribed or required:

The provision of the aforementioned personal data is required by contract. Without this data, we cannot perform our contract with you as this is a paid service.

 

  1. CLASSROOM MANAGEMENT

When you enter UNIVERSE as a teacher you will set up your classroom. For this set up and the use of the classroom several personal data is processed for different purposes. Those are:

6.1 Set up of classroom

Nature and purpose of processing:

In order to set up your Classroom some personal information may be processed, such as:

  • Your account
  • Class name and description
  • Students and their screen names
  • Preference Class type
  • Participants and their screen names
  • The Participants accounts, if they are logged in
  • Your chosen display name
  • Your role (e.g. student, teacher)
  • Your subscription

 

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (b) GDPR on the basis of provision of our contract with you and your organization.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Storage period:

We store your data for classroom management as long as your organization uses UNIVERSE and as long as you are part of your organization. When you or your organization wish to withdraw from the use of UNIVERSE, we delete your data for the purpose of classroom management.

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you cannot set up a classroom and therefore not use UNIVERSE. 

 

6.2 Class Schedule

Nature and purpose of the processing:

When your classroom is set up, you can schedule your lectures and classes by creating a class schedule and invite your students to attend class. The data processed for this purpose are:

  • Class Date
  • Class Time
  • Students who should participate
  • Contact Information of Students

 

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Storage period:

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you cannot schedule your classes and lectures and invite your students to attend. 

 

6.3 Management of Users

As an administrator or teacher you can invite teachers or students to register an account for UNIVERSE through your organisation. Then, you can send them invitations for classes and lectures.

 

The following data is processed for this purpose:

  • Names of teachers and students
  • E-mail-addresses of teachers and students

 

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your and the student’s consent.

Please refer to your organization for their legal basis when using this function with you.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Storage period:

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you cannot invite your students or teachers to register through your organisation. 

 

6.4 Portfolio and Class Statistics

Nature and purpose of processing:

As a teacher, you get access to statistics on the attention rates, attendance rates and interaction rates from your classes. We process the following data:

  • Names of students attended
  • Interaction of each student during class
  • Attention of each student during class

We process this data to create statistics thereof and to provide the teacher. These statistics of the class are pseudonymizised, meaning, the teacher will receive overall and individual statistics. Through these statistics, the teacher gets an overview of the attention rates of his students and can accordingly better adapt the learning concept to the needs of the students and thus achieve a higher learning success. 

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

Please refer to your organization for their legal basis when using this function with you.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Storage period:

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, we are not able to pull such statistics for you. 

 

  1. UNIVERSE APPLICATIONS

When you enter a classroom, UNIVERSE has several applications running for which the following data are processed:

7.1 Text Chat

Nature and purpose of processing:

When using UNIVERSE, you are able to send and receive text messages from other participants and chat individually or in a group. Therefore, the following data is processed:

  • user names
  • time 
  • meta data to show you chat conversations

This information is processed to give you the opportunity to chat to each other, raise questions and discuss with one another in an easy and inaudible manner.

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

Please refer to your organization for their legal basis when they use this function.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Storage period:

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. The meta data is deleted after six months automatically.

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you are not able to use our chat function. 

 

7.2 Video and Voice Chat

Nature and purpose of processing:

When using UNIVERSE, you are able to chat with all participants via video and audio. Therefore, the following data is processed:

  • user names
  • camera images
  • time stamps

This information is processed to give you the opportunity to chat to each other, raise questions and discuss with one another in an easy and inaudible manner.

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

Please refer to your organization for their legal basis when they use this function.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you are not able to use our video and audio function. 

 

Storage period:

We do not store the video or audio images or record such. The processing only takes place live during your session. Therefore, the data is deleted by end of session.

7.3 Pop Quiz

During Class, a teacher has the opportunity to bring up Pop Quizzes. The following data is therefore processed:

  • Log data
  • Answer Time per student
  • Score per student

The processing of these data serves to improve the learning situation of the students.

 Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

Please refer to your organization for their legal basis when they use this function.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Storage Period:

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you are not able to use or participate the pop quiz. 

 

7.4 Attention

Nature and purpose of the processing:

To give teachers insight in their student’s attention, we process the following data to create statistics for class and for individual students to rate their attention during class:

  • Angle of face to camera
  • Open or closed eyes
  • Time frame of not interacting with hardware (Camera, keyboard, mousepad)
  • Mouse clicks

In lecture mode, keyboard and mouse will be disabled for UNIVERSE, they can of course still be used in other systems. If you do not wish to have your camera images processed, you can turn your camera off any time, Teachers do not have the ability to turn students’ cameras on. 

Only teachers and your organizations’ administrator have access to the statistics.

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

Please refer to your organization for their legal basis when they use this function.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Storage Period:

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, your organization cannot use this function.

 

7.5 Participation

When participating scheduled classes, UNIVERSE creates a list for documentation purposes of the attendees. This allows your organisation to proof the participation of everyone invited to the classes. Teachers will receive a list of participants and a statistical percentage of the attendance of students in class. Answers to pop quizzes will help the teacher to understand if the topic is understood or needs more clarification. 

The following data is processed for this:

  • Log data
  • Names of Participants
  • Time of attendance
  • Class list
  • Answers to pop quizzes
  • Attention percentage
  • Break out room list 

 

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

Please refer to your organization for their legal basis when they use this function.

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage Period:

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you are not able to use UNIVERSE.

 

7.6 Discussion Groups (“Group Up”)

UNIVERSE gives the opportunity for teachers to send students to Break-Up-Rooms, named as Discussion Rooms, for them to discuss topics in smaller groups via the function “Group Up”. This shall increase the learning experience of the students.

To give the teacher the opportunity to help in the Discussion Groups where needed, they will get notice of the discussion of the students takes place or not. This is shown by sun and rain emojis.

The following data is processed for this purpose:

  • Student names
  • Date and time of Group Discussions
  • Discussion status (ongoing or paused discussion)
  • Whether it is spoken or not (it is not stored what is spoken). 

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage Period:

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you are not able to use the function Group Up.

7.8 Settings

7.7 Lecture and Discussion Mode

UNIVERSE provides different settings, known as Lecture and Discussion Mode. During Discussion Mode, students are able to virtually walk around the classroom and chat to other participants. In Lecture Mode, audio and free virtual movement of students are disabled and they are virtually seated. These settings allow for different learning situations.

To provide those Modes, the following data is processed:

  • Audio settings
  • Video settings
  • Speaker settings
  • Chat function

 

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of your consent.

Please refer to your organization for their legal basis when they use this function.

 

 

 

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Your organisation, as the data controller, is responsible for implementing all deletion deadlines. 

If you wish to delete your account, because you have withdrawn your consent to the processing, please send us an email to universe.support@viewsonic.com.

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you are not able to switch between Lecture and Discussion Mode. 

 

 

 

  1. CUSTOMER SUPPORT

Nature and purpose of processing:

Should you require technical support or have a query regarding any of the features of UNIVERSE we provide a Support function. In order to assist you with your support query we may have to process personal infromation, for example:

  • Your support query
  • Your Name
  • Your contact details
  • Your Job Title, if necessary
  • Your Organization
  • Your Country/Region
  • Information regarding your device
  • Information regarding your browser (Type and Version)
  • Further information you provide to us

 

Legal basis and legitimate interest:

The processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in providing customer support, eliminating technical issues within UNIVERSE, and learning from any technical issues in order to improve the functionality of UNIVERSE. 

 

 

 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

 

Third country transfer:

The collected data may be transferred to the following third countries:

 

•       United States of America

•       Taiwan

 

The following data protection guarantees are in place:

 

Standard Contractual Clauses

 

If you would like to receive a copy of these please contact our data protection officer. 

 

Storage period:

We store six months following the final solution to your request. In some cases, we may store the data longer, e.g. due to tax purposes. 

 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, the service and functionality of our website cannot be guaranteed. In addition, individual services and services may not be available or may be restricted.

 

Objection:

Please read the information about your right to object according to Art. 21 GDPR below.

 

  1. INFORMATION ABOUT YOUR RIGHT OF OBJECTION ACCORDING TO ART. 21 GDPR

Individual right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6(1)(f) GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.

 

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

 

Recipients of an objection

ViewSonic Corporation

Address: 10 Pointe Drive, Suite 200, Brea, CA 92821, USA

 

 

  1. CHANGES TO OUR PRIVACY POLICY

We reserve the right to adapt this privacy policy so that it always complies with the current legal requirements or in order to implement changes to our services in the privacy policy, e.g. when introducing new features or tools. The new privacy policy will then apply to your next visit.

 

  1. DATA OF CHLIDREN OR MINORS

ViewSonic will NOT knowingly collect personal data from children or minors (as defined by local requirements), and if we learn that we have personal data about a child or minor, we will delete it from our systems. If you are a child or a minor, you must request a parent or guardian to register for the service on your behalf.

 

  1. DATA PROTECTION OFFICER 

If you have any questions about data protection, please write us an e-mail or contact the person responsible for data protection in our organization directly:

Data Protection Officer

ViewSonic Corporation 

10 Pointe Drive, Suite 200, Brea, CA 92821, USA 

E-Mail: universe.support@viewsonic.com 


 

 

 

 

Appendix Two: Detail terms and conditions.

If you are an individual residing in the EU, your privacy rights may be subject to the following terms under the General Data Protection Regulation (EU as amended or updated from time to time shall come into force (the “GDPR”) as stated in Appendix Two as follows:

Terms and conditions of use

  1. Introduction

These terms and conditions shall govern your use of our website or UNIVERSE by ViewSonic (the “Application”).


 

  1. Copyright notice
    1. All rights reserved by ViewSonic Corporation and/or its affiliate or subsidiary companies. All other Corporate names and trademarks are the property of their respective companies. All prices and specifications are subject to change without written notice. Images are for illustrative purpose only. Offers and programs may vary by country. Terms & Conditions Apply. Copyright © ViewSonic Corporation 2000-2022. All rights reserved.
    2. Subject to the express provisions of these terms and conditions:
      • (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      • (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.


 

  1. License to use website or Application
    1. You may:
      • (a) view pages from our website in a web browser;
      • (b) download pages from our website for caching in a web browser;
      • (c) print pages from our website; and
      • (d) make use of the services we provide on the website subject to the other provisions of these terms and conditions.
      • (e) use all tools to teach in class or present to your audiences; and
      • (f) interact with students or participants.
    2. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or Application.
    3. Unless you own or control the relevant rights in the material, you must not:
      • (a) republish material from our website (including republication on another website);
      • (b) sell, rent or sub-license material from our website;
      • (c) show any material from our website in public;
      • (d) exploit material from our website for a commercial purpose; or
      • (e) redistribute material from our website.
    4. We reserve the right to restrict access to areas of our website or Application, or indeed our whole website or Application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website or Application.


 

  1. Prohibited use
    1. You must not:
      • (a) use our website or Application in any way or take any action that causes, or may cause, damage to the website or Application or impairment of the performance, availability or accessibility of the website or Application;
      • (b) use our website or Application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      • (c) use our website or Application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      • (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website or Application without our express written consent;
      • (e) access or otherwise interact with our website or Application using any robot, spider or other automated means, except for the purpose of search engine indexing;
      • (f) violate the directives set out in the robots.txt file for our website; or
      • (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. You must not use data collected from our website or Application to contact individuals, companies or other persons or entities.
    3. You must ensure that all the information you supply to us through our website or Application, or in relation to our website or Application, is true, accurate, current, complete and non-misleading.


 

  1. Registration and accounts
    1. You may register for an account with our website or Application by completing and submitting the account registration form on our website or Application, and clicking on the verification link in the email that our system will send to you.
    2. You must not allow any other person to use your account to access the website or Application.
    3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    4. You must not use any other person’s account to access the website or Application.


 

  1. User login details
    1. If you register for an account with our website or Application, you should provide the password for your account.
    2. You must keep your password confidential.
    3. You must notify us in writing immediately if you become aware of any disclosure of your password.
    4. You are responsible for any activity on our website or Application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.


 

  1. Cancellation and suspension of account
    1. We may:
      • (a) suspend your account;
      • (b) cancel your account; and/or
      • (c) edit your account details, at any time in our sole discretion without notice or explanation.
         
  2. Your content:
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
      • (a) be libelous or maliciously false;
      • (b) be obscene or indecent;
      • (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      • (d) infringe any right of confidence, right of privacy or right under data protection legislation;
      • (e) constitute negligent advice or contain any negligent statement;
      • (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      • (g) be in contempt of any court, or in breach of any court order;
      • (h) be in breach of racial or religious hatred or discrimination legislation;
      • (i) be blasphemous;
      • (j) be in breach of official secrets legislation;
      • (k) be in breach of any contractual obligation owed to any person;
      • (l) depict violence in an explicit, graphic or gratuitous manner;
      • (m) be pornographic, lewd, suggestive or sexually explicit;
      • (n) be untrue, false, inaccurate or misleading;
      • (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
      • (p) constitute spam;
      • (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
      • (r) cause annoyance, inconvenience or needless anxiety to any person.


 

  1. Limited warranties
    1. We do not warrant or represent:
      • (a) the completeness or accuracy of the information published on our website or Application;
      • (b) that the material on the website or Application is up to date; or
      • (c) that the website or any service on the website or Application will remain available.
    2. We reserve the right to discontinue or alter any or all of our services, and to stop publishing our website or Application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the website or Application.
    3. To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website or Application and the use of our website or Application.


 

  1. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      • (a) limit or exclude any liability for death or personal injury resulting from negligence;
      • (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
      • (c) limit any liabilities in any way that is not permitted under applicable law; or
      • (d) exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
      • (a) are subject to Section 10.1; and
      • (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
    3. To the extent that our website or Application and the information and services on our website or Application are provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or Application or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).


 

  1. Breaches of these terms and conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
      • (a) send you one or more formal warnings;
      • (b) temporarily suspend your access to our website or Application;
      • (c) permanently prohibit you from accessing our website or Application;
      • (d) block computers using your IP address from accessing our website or Application;
      • (e) contact any or all of your internet service providers and request that they block your access to our website or Application;
      • (f) commence legal action against you, whether for breach of contract or otherwise; and/or
      • (g) suspend or delete your account on our website or Application.
    2. Where we suspend or prohibit or block your access to our website or Application or a part of our website or Application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).


 

  1. Variation
    1. We may revise these terms and conditions from time to time.
    2. The revised terms and conditions shall apply to the use of our website or Application from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.


 

  1. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.


 

  1. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


 

  1. Third party rights
    1. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.


 

  1. Entire agreement
    1. Subject to Section 10.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website or Application.


 

  1. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with English law.
    2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.


 

  1. Our details
    1. This website is owned and operated by ViewSonic Corporation and/or its affiliate or subsidiary companies.
    2. ViewSonic Europe Ltd registered in England and Wales under registration number 03131161, and our registered office is at ViewSonic Europe Ltd., 1st Floor, Salamanca Place, 9 Albert Embankment, London SE1 7SP, United Kingdom.
    3. Our principal place of business is at ViewSonic Europe Ltd., 1st Floor, Salamanca Place, 9 Albert Embankment, London SE1 7SP, United Kingdom.
    4. You can contact us:
      • (a) by post, to the postal address given above;
      • (b) using our website contact form;
      • (c) by telephone, on the contact number published on our website

 

Last modified: Nov 2022

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