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As a preliminary matter, Viridi has implemented the appropriate technical and organizational measures to maintain a level of appropriate security to the data that you provide to us. Moreover, Viridi only allows the individuals who need access to this information to have access to this data and will not process it unless allowed by the applicable law.
This Policy is issued on behalf of Viridi and its related entities, and applies to the following Websites, which Viridi owns, operates, and maintains: (1) www.viridiparente.com; (2) www.greenmachineco.com; and (3) www.voltaenergyco.com. (“Websites”) Viridi is the controller and responsible for the data on these Websites.
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
A. Data Protection Officer
Viridi has appointed a Data Protection Officer who is responsible for all matters relating to the Policy and for overseeing the response to any questions in relation to this Policy as well as for the protection of your Personal Data obtained through our Websites. If you have any questions about this Policy or want to make any requests to exercise your right under this Policy, then please contact the Data Protection Officer using the following information:
Patrick M. Hanley, Jr., General Counsel, 1001 East Delavan Ave., Buffalo, NY 14215
B. Third Party Links
Please be aware that when visiting these Websites, you may follow links to external Websites that are not affiliated with Viridi or any related entity. Viridi is not responsible, nor makes any representation of responsibility, for the privacy policies of those third parties. When you leave our Websites, we encourage you to read the privacy notice of every website you visit.
For the purposes of this Policy, Viridi defines the following terms:
“Comply with a legal or regulatory obligation” means processing your Personal Data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
“Consent” means the express permission that you have provided to Viridi to collect your Personal Data for the business purposes stated herein and subject to the limitations that you provide.
“External Third Parties” means service providers, such IT and system administration services, and professional advisers, such as lawyers, bankers, auditors and insurers, who provide consulting, banking, legal, insurance, and accounting services to or on behalf of Viridi.
“Internal Third Parties” means subsidiaries and related entities of Viridi which provide other essential services, such as IT and system administration services or which undertake leadership reporting.
“Legitimate Interest” means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
“Personal Data” includes any information that can be used to directly or indirectly identify an individual, including, but not limited to, the identification of IP addresses, name, identification number, location data, online identifiers, and/or other information defined by law, statute, or regulation as “Personal Data.”
III. TYPES OF PERSONAL DATA WE COLLECT
Viridi may collect, process, store, and transfer different kinds of Personal Data about you:
Viridi may also collect, process, store, and use Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data, but is not considered Personal Data under the law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we will treat the combined data as Personal Data in accordance with this Policy.
Viridi does not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Viridi also does not collect any information about criminal charges, convictions, and/or offenses.
IV. METHODS OF COLLECTING PERSONAL DATA
Viridi utilizes two methods to collect Personal Data from you and about you. Any Personal Data that Viridi collects through either method is subject to this Policy.
The first method is direct interactions. In a direct interaction, you provide us with Identity Data, Contact Data, or Marketing and Communications Data by completing forms on the Websites or by contacting us by phone, email, or otherwise. You may provide such Personal Data in order to request marketing to be sent to you or give us some feedback.
V. HOW WE USE YOUR PERSONAL DATA
Viridi will only use your Personal Data when the law allows us to do so. Typically, we will only use your Personal Data:
A. Legitimate Interests
Viridi may process the Personal Data described below for the following legitimate interests, where appropriate. Please note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data.
Please contact Viridi’s Data Protection Officer to request any addition information about these Legitimate Interests.
In order to provide services and communicate, Viridi’s Websites allow you to affirmatively provide Personal Data through on-line forms. By providing your Personal Data, you voluntarily consent to its processing for the purpose for which you provided said Personal Data. Viridi will not sell, distribute, or lease your Personal Data to third parties unless we obtain your prior consent.
Viridi will document your consent to the collection of your Personal Data. You have the right to withdraw this consent, as detailed below.
If you have provided us with consent, Viridi will only use the Personal Data in connection with the reasonable scope of that consent. If Viridi intends to use that information outside the scope of your consent, it will notify you to obtain such additional consent.
Please consider and balance any potential impact on you (both positive and negative) before consenting to our processing of your Personal Data.
Viridi employs web traffic log cookies to identify which pages of this website are being used. This Usage Data helps us analyze our Websites’ traffic for statistical analysis purposes, and assists us in better serving our customers’ needs. Cookies allow us to provide our customers with a better website, and in no way gives us access to your computer or any Personal Data, other than the data that you share with us.
You may change your browser settings to not allow for cookies. If you do so, then you will still be able to visit the Websites, but you may not be able to use the Websites to their full potential.
D. No Automated Process for Profiling
Viridi does not use or employ any automated processes for profiling based on its collection of your Personal Data.
VI. DISCLOSURES OF YOUR PERSONAL DATA
Viridi may disclose your Personal Data to Internal Third Parties and External Third Parties as defined in Section II for the Legitimate Interests outlined Section V.A.
Viridi may also disclose your Personal Data to third parties to which we may choose to sell, transfer, or merge parts of our business or our assets. If a change happens to our business, then the new owners may use your Personal Data in the same way as set out in this Policy.
Viridi will not sell, distribute, or lease your Personal Data to third parties without your prior consent where the only basis for processing that Personal Data was your consent. Moreover, Viridi will disclose your Personal Data where required to do so by the laws of the applicable jurisdiction.
VII. APPLICABILITY BASED ON GEOGRAPHIC LOCATION
For individuals that are citizens of the European Economic Area (“EEA”), after May 25, 2018, all processing of Personal Data is made in accordance with the Regulations (“EU”) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”), and Viridi’s processing of Personal Data will take place in accordance with the GDPR. Similarly, to the extent that the Personal Data is transferred from a data controller outside the EU and/or EEA, Viridi will adhere to the requirements of the GDPR. Viridi will promptly notify you in the event of any known unauthorized access to, or use of, your Personal Data in accordance with all applicable legal requirements.
For individuals who are citizens of states outside the EEA, Viridi has implemented reasonable physical, technical and organizational safeguards that comply with applicable governing laws, statutes, and regulations.
VIII. DATA SECURITY
Viridi has implemented and maintains appropriate security measures to prevent your Personal Data from being accidentally lost, processed, or accessed in an unauthorized way, or altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors Internal Third Parties, and External Third Parties who have a legitimate business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
Viridi has procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
IX. RETENTION AND DELETION OF PERSONAL DATA
Viridi will not retain Personal Data for any period of time longer than to fulfill the purpose for which the information was obtained, or as dictated by any applicable law, statute, or regulation, not to exceed 5 years. In determining the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of the Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, accounting, and reporting requirements.
X. YOUR RIGHTS TO CONTROL YOUR PERSONAL DATA
With respect to the Personal Data that Viridi holds, if any, you have the following seven rights:
Right to request access to your personal data. This right allows you to request to receive a copy of the Personal Data that Viridi holds about you and to check that we are lawfully processing it.
Right to request correction of the Personal Data. This right allows you to request to have any incomplete or inaccurate data that Viridi holds about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Right to request erasure of your Personal Data. This right allows you to request that Viridi delete or remove Personal Data where there is no legitimate reason for us to continue processing it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Right to object to processing of your Personal Data. This right allows you to object to Viridi’s processing of your Personal Data where we are relying on a Legitimate Interest (or those of an Internal Third Party or an External Third Party as defined above) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Right to request restriction of processing of your Personal Data. This right allows you to request that Viridi suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Right to request the transfer of your Personal Data to you or to a third party. This right allows you to request that Viridi provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use.
Right to withdraw consent. This right allows you to withdraw your consent to Viridi’s processing of your Personal Data at any time where we are relying solely on your consent to process your Personal Data. However, this right does not affect the lawfulness of any processing carried out before you withdraw your consent. If you do withdraw your consent, then we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
In connection with any request pursuant to these rights, we may request additional information to confirm your identity and to ensure your right to access the Personal Data requested. Any request for additional information is part of Viridi’s security measures to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
You may exercise any or all of these rights at no cost to you. Where practical and not subject to statutory exemption, Viridi will try to respond to all legitimate requests within 30 days of said request. Occasionally it may take us longer than these 30 days to respond if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You also have the right to make a complaint at any time to a regulatory body concerning our processing of your Personal Data. While you have that right, we would appreciate if you first contacted us and afforded us the opportunity to address your concerns before you approach any regulatory body.
XI. FURTHER INFORMATION
For further information concerning your Personal Data, please contact the Viridi’s Data Protection Officer at the information stated in Section I, above.
Last updated: August 06, 2021
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions 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 and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
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 Social Media 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.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company 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 the Company 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 the 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.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts 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, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: i[email protected]