Terms of use

Effective Date: September 1st 2024

These Terms of Use ("Terms") govern your use of the Vizually application ("the Application"), which allows users to connect their e-commerce platforms for data analysis. By accessing or using the Application, you agree to be bound by these Terms. If you do not agree, you may not use the Application.

1. Description of Service

Vizually is a web-based Software-as-a-Service (SaaS) application that connects to third-party e-commerce platforms (e.g., Magento, Shopify) to provide data analysis and reporting features. The Application collects and processes non-personally identifiable information (non-PII) related to your e-commerce platform's operations, including but not limited to product information, sales data, and performance metrics.

2. Data Access and Processing

2.1 Data Access

As part of the integration with your e-commerce platform, Vizually will have access to certain personally identifiable information (PII) available via your platform's order API endpoints, such as customer names, addresses, and contact information. However, Vizually will not store, process, or analyze PII. Our system is designed to bypass this data, and our services focus exclusively on non-PII data (such as product listings, sales transactions, and performance metrics).

2.2 Data Collected

The data Vizually collects is limited to non-PII, which includes:

  • Product information (e.g., product names, descriptions, categories)
  • Sales data (excluding customer-identifying details)
  • Inventory details
  • Revenue and performance analytics

3. Compliance with GDPR

Vizually is committed to ensuring that all data access and processing complies with the General Data Protection Regulation (GDPR). As a European-based service, Vizually acts as a Data Processor in compliance with GDPR rules, while the customer is the Data Controller.

3.1 Data Minimization

Although Vizually has access to PII, we strictly follow data minimization principles and ensure that no PII is stored or processed within our systems.

3.2 Your Obligations as a Data Controller

As a customer using Vizually, you are responsible for ensuring that your data processing activities comply with GDPR. This includes obtaining any necessary consents from your customers for the collection and sharing of their data with third-party services like Vizually.

4. User Responsibilities

  • Account Security: You are responsible for maintaining the confidentiality of your login credentials and are liable for any activity performed under your account.
  • Compliance with Laws: You agree to use the Application in compliance with all applicable laws, including GDPR and other privacy laws relevant to your jurisdiction and that of your customers.
  • Accurate Data: You are responsible for ensuring the data you provide through the Application is accurate and lawful.

5. Prohibited Activities

You may not:

  • Use the Application to store or process PII, as the system is not designed to handle such data.
  • Reverse-engineer, decompile, or otherwise attempt to extract the source code of the Application.
  • Use the Application for unlawful purposes or to infringe on the rights of others.

6. Data Security

We take reasonable technical and organizational measures to protect the data that we access and process. This includes encryption of data in transit, secure access controls, and regular security audits. However, we cannot guarantee absolute security and cannot be held responsible for unauthorized access beyond our control.

7. Third-Party Services

Vizually integrates with third-party e-commerce platforms and API providers to retrieve data. We are not responsible for the availability, security, or performance of these third-party services. Your use of these services is governed by their respective terms and policies.

8. Data Ownership

You retain full ownership of all non-PII data collected from your e-commerce platform. By using the Application, you grant Vizually a non-exclusive, worldwide license to use, process, and analyze the non-PII data for the purpose of providing the service.

9. Termination

We reserve the right to suspend or terminate your access to the Application at our discretion, including for violations of these Terms or illegal activity. Upon termination, your access to the Application will cease, and we may retain data as necessary for legal compliance or legitimate business purposes.

10. Limitation of Liability

To the maximum extent permitted by law, Vizually shall not be liable for any indirect, incidental, special, or consequential damages arising out of your use of the Application, including but not limited to data loss or service interruptions.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of France. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Paris, France.

12. Contact Information

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