PRIVACY POLICY
Mersus Technologies
This privacy policy was last updated on 14th April 2021
Introduction
Mersus Technologies respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website/ use our apps (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Important information and who we are
Purpose of this privacy policy
This privacy policy aims to give you information on how Mersus Technologies collects and processes your personal data through your use of our website(s) and the AVATAR ACADEMY platform (“AVATAR ACADEMY”), including any data you may provide through AVATAR ACADEMY following registration.
It is important that you read this privacy policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements the other notices and is not intended to override them.
Controller
Mersus Technologies is the controller and responsible for your personal data (collectively referred to as “Mersus Technologies”, “we”, “us” or “our” in this privacy policy).
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Contact details
Our full details are:
Mersus Technologies
Geoffrey Allen
Email address: geoff@mersus.ie
Postal address: Suite 14, Inish Carraig Business Centre,Golden Island, Athlone, Ireland. N37 ET67
Changes to the privacy policy and your duty to inform us of changes
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.
Third-party links
AVATAR ACADEMY may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, last name, prefix, company/organisation/institution name, role / title, username or similar identifier, title, date of birth, gender, height, time zone and current location
Contact Data includes email address and business contact email address.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us .
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share 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 in 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 treat the combined data as personal data which will be used in accordance with this privacy policy.
We do 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). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
How is your personal data collected?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
apply for our products or services;
create an account on our website;
subscribe to our service or publications;
attend a business conference and distribute a business card displaying your company and / or contact details;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies – see our cookie policy below for further details.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
analytics providers such as Google based outside the EU;
advertising networks based inside OR outside the EU; and
search information providers based inside OR outside the EU.
Identity and Contact Data from publicly available sources such as the Companies Registration Office.
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances, where there is a lawful basis that we will rely on to process your personal data:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.
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 us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a user
(a) Identity
(b) Contact
Performance of a contract with you
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
(c) Direct marketing to you (in relation to business sales: lead capture, nurture and conversion to sales)
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity
(b) Contact
(c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(a) Technical
(b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
Necessary for our legitimate interests (to develop our products/services and grow our business)
To allow other users to contact you as the host of an event within the platform once you opt in and give your consent
(a) Contact
Necessary for other users to contact you to facilitate comments, feedback and queries pre and post event
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you and your company / business (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details and, in each case, you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside the Mersus Technologies group of companies for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or] by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see Mersus Technologies’s cookies policy below.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
Internal Third Parties as set out in the Glossary.
External Third Parties as set out in the Glossary.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. 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 privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
International transfers
Our Internal Third Parties operate in other jurisdictions outside of the European Economic Area (EEA), including but not limited to United States of America and many of our External Third Parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA
We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called “binding corporate rules”.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented[1]:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place 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.
Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your 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 requirements.
In some circumstances you can ask us to delete your data – see “request erasure” below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data (further details of each of these are provided below).
Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure 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.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month 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.
Glossary
LAWFUL BASIS
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.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
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.
THIRD PARTIES
Internal Third Parties
Other companies in the Mersus Technologies group acting as joint controllers or processors and who are based in United States of America, United Kingdom and / or Ireland and provide IT and system administration services and undertake leadership reporting.
External Third Parties
Service providers acting as processors based United States of America, United Kingdom and Ireland who provide IT and system administration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in United States of America, United Kingdom and Ireland who provide consultancy, banking, legal, insurance and accounting services.
Taxation / revenue authorities, regulators and other authorities based in United States of America, United Kingdom and / or Ireland who require reporting of processing activities in certain circumstances, from time to time.
Digital Marketing Agencies based in United States of America, United Kingdom and / or Ireland who require reporting of processing activities in certain circumstances, from time to time.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process 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.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) 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.
Request restriction of processing of your personal data. This enables you to ask us to 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.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, 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.
You have the right to make a complaint at any time to the Data Protection Commissioner (DPC), the Irish supervisory authority for data protection issues (www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the DPC so please contact us in the first instance.
Cookies Policy
When you interact with Mersus Technologies through AVATAR ACADEMY, we try to make that experience simple and meaningful. When you visit AVATAR ACADEMY, our web server sends a cookie to your computer. Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the website. For example, cookies are used to personalise web search engines and to store shopping lists of items a user has selected while browsing through a virtual shopping mall. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the website and will last for longer.
We use cookies to:
remember that you have visited us before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;
customise elements of the promotional layout and/or content of the pages of the website;
collect statistical information about how you use the website (including how long you spend on the website) and where you have come to the website from, so that we can improve the website and learn which parts of the website are most popular with visitors; and
to speed site navigation and recognise your access rights on the website.
Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note, however, that by blocking or deleting cookies used on the website, you may not be able to take full advantage of the website.
Cookies used by Mersus Technologies can be largely categorised as follows:
Necessary
These cookies are essential in order to enable you to move around websites and use the websites’ features, such as accessing secure websites or secure areas of websites. Without these cookies, services you have asked for, such as identifying you as being logged in to the website throughout your visit, cannot be provided.
Functionality
These cookies allow the website to remember choices you make (such as your preferred language) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. Other examples include cookies that keep track of your progress when filling online application forms.
Performance
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous.
Targeting Cookies
Targeting cookies remember individual websites you have visited and help Mersus Technologies to present relevant and targeted online advertising to you. Targeting cookies may be placed on your machine when you visit the website. When targeting cookies have been placed on your device, they can be recognised by subsequent websites you visit, and this allows those sites to present targeted Mersus Technologies and third party advertising to you. While targeting cookies can track your visits around different websites, the information collected is anonymous.
In addition to cookies, tracking GIFS and web beacons may be set by us or third parties in respect of your use of the website. Web beacons support the delivery of cookies and help determine the number of times a page on the website has been viewed. Tracking GIFS are small image files within the content of the website or the body of our reports so we or third parties can understand which parts of the website are visited and whether particular content is of interest.
Mersus Technologies Ltd’s AVATAR ACADEMY
These Terms and Conditions apply to all users of Mersus Technologies Ltd’s AVATAR ACADEMY
By accepting these Terms and Conditions and by using AVATAR ACADEMY you are entering into a legal agreement which you must adhere to in order to ensure your continued use of AVATAR ACADEMY . If you do not agree to be legally bound by all of these Terms and Conditions, please do not continue to use AVATAR ACADEMY.
1. Access, Registration Details and Password Security
Access to AVATAR ACADEMY is provided to registered users only.
When you are registered to use AVATAR ACADEMY we will require personal information that will be used to identify you on the system. We will keep this information accurate and up to date.
If you leave your organisation or are suspended your account will be deactivated or removed depending on the requirements of your organisation.
You must not disclose your password to any other person and must make every effort to ensure that it is not disclosed.
We reserve the right to change your password at any time if we have reason to believe there has been, or is likely to be, a breach of security or misuse of your password.
2. Availability of AVATAR ACADEMY
We aim to provide you with the best possible service but we do not warrant that AVATAR ACADEMY will be uninterrupted, error free or operate in accordance with your expectations. You hereby acknowledge and agree that your use of AVATAR ACADEMY is at your sole risk and that AVATAR ACADEMY is provided “as is” and “as available.” Mersus Technologies and its licensors make no representations, express warranties and disclaim all implied warranties regarding AVATAR ACADEMY, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Mersus Technologies and its licensors do not represent or warrant to you that: (a) your use of AVATAR ACADEMY will meet your requirements, (b) your use of AVATAR ACADEMY will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the service will be accurate. We accept no responsibility or liability in respect thereof howsoever.
We may need to suspend or restrict your access to AVATAR ACADEMY from time to time for maintenance or repair purposes. If we do so we will endeavour to restore access to AVATAR ACADEMY as soon as reasonably possible.
3. Restriction, Suspension & Termination
We reserve the right to restrict access to any part of AVATAR ACADEMY to individuals or user groups.
We reserve the right to prevent, suspend, or terminate your registration and/or access to AVATAR ACADEMY if you breach any of these Terms and Conditions and/or otherwise at our absolute discretion.
4. Disclaimer
Mersus Technologies accepts no responsibility or liability whatsoever with regard to the content on AVATAR ACADEMY.
To the fullest extent permitted by applicable law, you agree that Mersus Technologies and its parent organisations accept no responsibility or liability for any loss, damage or inconvenience, howsoever caused, arising from, or in connection with, any use of, or reliance placed upon, the content available on AVATAR ACADEMY.
You understand and agree that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of or through your use of AVATAR ACADEMY are the sole property and responsibility of the person from which such content originated.
In addition, certain of the services within AVATAR ACADEMY provide functionality that allows active connected users to record audio and data shared during sessions. Users are solely responsible for complying with all applicable laws in the relevant jurisdictions while using recording functionality. Mersus Technologies disclaim all liability for your recording of audio or shared data, and you agree to indemnify and hold Mersus Technologies harmless from all damages or liabilities related to the recording of any audio or data.
5. Conduct
Users of AVATAR ACADEMY undertake to ensure that:
any contribution by a user does not contain any defamatory, libellous, racist, homophobic, obscene, offensive, vulgar, insulting, threatening, abusive, or otherwise objectionable material;
such contribution does not encourage conduct that constitutes a criminal offence, or is likely to result in civil proceedings or otherwise infringes any applicable laws, regulations or codes of conduct; and
such contribution is your own original comment/material and does not plagiarise, infringe or misappropriate any third party intellectual property rights or confidential information.
Users of AVATAR ACADEMY waive any and all moral rights in their contribution. Mersus Technologies has absolute discretion to remove any material posted on AVATAR ACADEMY. By submitting your content to AVATAR ACADEMY you warrant that the above conditions have been complied with and you indemnify Mersus Technologies and its parent organisations against any loss, liability, costs or damage which they may incur as a result of, or in connection with, a breach of this warranty.
You agree that you are responsible for your own use of AVATAR ACADEMY and for your Posts. ” Posts” means all content submitted, posted, published, or distributed on AVATAR ACADEMY by you or other users of AVATAR ACADEMY, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos, recordings and file uploads. You agree that you will use AVATAR ACADEMY in compliance with these Terms and Conditions, and all applicable regional, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all export control laws.
As a condition of your use of AVATAR ACADEMY, you will not use AVATAR ACADEMY in any manner intended to damage, disable, overburden, or impair any AVATAR ACADEMY server or the network(s) connected to any AVATAR ACADEMY server or to interfere with any other party’s use and enjoyment of AVATAR ACADEMY. You may not attempt to gain unauthorized access to AVATAR ACADEMY, other accounts, computer systems, or networks connected to any AVATAR ACADEMY server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on AVATAR ACADEMY, its servers, or associated computers through any means not intentionally made available through AVATAR ACADEMY. If you are a registered user, you will not share your password or let anyone else access or compromise your account.
You agree not to scrape, or otherwise download in bulk, any AVATAR ACADEMY content, including but not limited to a list or directory of users on AVATAR ACADEMY, Posts or user information, online content, materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using AVATAR ACADEMY (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
THE FOLLOWING ITEMS ARE PROHIBITED ON AVATAR ACADEMY:
Content that defames, harasses or threatens others;
Content that discusses illegal activities with the intent to commit them;
Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
Profane, pornographic, obscene, indecent or unlawful content;
Advertising or any form of commercial solicitation;
Content related to partisan political activities;
Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
Content that contains intentionally inaccurate information or that is posted with the intent of misleading others; and
You may not submit, post, publish, share, or otherwise distribute any of the above prohibited items on or via AVATAR ACADEMY.
6. Intellectual Property Rights
All Intellectual property rights in AVATAR ACADEMY shall be solely and exclusively owned by Mersus Technologies. Background intellectual property rights (such as content for example) shall remain the property of the party introducing the same. For the avoidance of doubt all trade marks are part of the background intellectual property of the respective party.
Users shall not, and shall not assist, authorise or encourage any third party (without prior written consent) to;use any background intellectual property rights or intellectual property rights owned by Mersus Technologies or its parent organisations or any other acknowledged third party, for any purpose other than the purpose of accessing e-learning via AVATAR ACADEMY under the terms of clause 8 of these terms and conditions;
use or transmit any background intellectual property rights or intellectual property rights owned by Mersus Technologies or its parent organisations, or any other acknowledged third party, on or to any other website or network;
modify or create derivative works based on any background intellectual property rights (including trademarks) or intellectual property rights owned by Mersus Technologies or its parent or subsidiary organisations, or any other acknowledged third party;
use any content or any part thereof, to provide services to third parties or allow any third party to have access to or use of the content or any part thereof, for any purpose whatsoever, other than for demonstration purposes;
remove or modify any Mersus Technologies or its parent organisations, or any other third party, marking of confidentiality, proprietary information, copyright notice or trade mark contained within AVATAR ACADEMY or on or in any of the content;
make copies of, or any modifications or enhancements to, any of the service; or
copy, reverse engineer, disassemble or decompile the content or any portion thereof, nor permit any third party to do so.
When providing content, software, equipment or other items, users will obtain all necessary consents, licences and approvals in relation to our use of such items and/or intellectual property rights, and will indemnify Mersus Technologies for any liability incurred by Mersus Technologies as a result of their failure to obtain such consents, licences and approvals
The materials on AVATAR ACADEMY (including but without limitation the text, artwork, graphics, photographs, film footage, trademarks and logos) are subject to copyright and/or other intellectual property rights. You agree to comply with our all copyright notices attached to materials
7. Links to Third Party Web Sites
We may provide links to various third-party web sites. If provided, these links are solely provided as a convenience. Such linked third-party sites are not under our control. We are not responsible or liable for the contents available at any such linked site. The appearance of a third-party link on this site does not imply our endorsement of the linked site, its sponsor or any products or service offered on the linked site. Use of any linked site is at your own risk.
8. License to Use
Each user/organisation of AVATAR ACADEMY is granted a non exclusive, non-transferable, royalty-free license to use AVATAR ACADEMY without the right to sublicense. Each user/organisation agrees to utilise the Software for purposes internal to their own organisation Each user/organisation agrees to utilise the Software for Training use and client demos only. Each user/organisation agrees not to distribute the Software to any person external to their organisation without the prior written permission of Mersus Technologies.
None of the Software provided may be used in commercial products or services directly or indirectly unless a license granting the right to use the Software in commercial products or services is executed between Mersus Technologies and Users/Organisation. User/organisation agrees that it will not license or sell the Software or any other Software, information or data that incorporate any part of the Software, including derivative works thereof (“Derivatives”), to any other parties.
The user/organisation agrees to grant Mersus Technologies a nonexclusive, non-transferable, royalty-free license to any other Software, information or data that incorporate any part of the Software, including Derivatives for the purpose of research internal to User/Organisation
Mersus Technologies will consider all requests for a commercial license, but shall be under no obligation to grant such license.
The user/organisation agrees that any person within their organisation utilising the Software will be advised of, and is subject to, the conditions of this licence
No warranty, disclaimer, indemnity:
the software and/or related materials are provided “as-is” without warranty of any kind including any warranties of performance or merchantability or fitness for a particular use or purpose or for any purpose whatsoever, for the licensed product, however used. In no event shall Mersus Technologies be liable for any damages and/or costs, including but not limited to, incidental or consequential damages of any kind, including economic damage or injury to property and lost profits, regardless of whether Mersus Technologies shall be advised, have reason to know, or in fact shall know of the possibility. User bears all risk relating to quality and performance of the software and/or related materials, and agrees to indemnify Mersus Technologies for all third-party claims resulting from the actions of the user/organisation in the use of the software.
The Agreement covers the use described in paragraph 1 above. All other uses of the Software by the user must be approved in advance by Mersus Technologies
All right, title, and interest in and to all data, information, and inventions that result from the use of the Software by user/organisation shall vest in and belong to Mersus Technologies. User/Organisation agrees to provide Mersus Technologies with copies of publications/documentation that reference the Software, and to acknowledge Mersus Technologies.
The laws of the Republic of Ireland, will govern this Agreement and any action brought hereunder shall be within the Republic of Ireland.
The Software contains third party-developed software code. Descriptions of such code and licensing information are available with the Software. User/Organisation understands and agrees that User/ Organisation is solely responsible for obtaining any and all rights as required by the third party developers and indemnifies Mersus Technologies for all third-party claims resulting from the user/organisation’s failure to secure appropriate licenses or rights.
This license is granted subject always to the user complying with all of these Terms and Conditions.
Nothing in this Agreement shall be construed as restricting Mersus Technologies or its parent organisations rights to licence, sell, lease, market, publish or otherwise distribute in whole or in part, directly or through a third party any products or services or to develop and/or provide hosting services in respect of any AVATAR ACADEMY for any third parties.
Users may not use AVATAR ACADEMY to provide services to organisations without our prior written permission.
Users may not use AVATAR ACADEMY to facilitate income generation without our prior written consent.
9. Data Protection
Mersus Technologies stores and uses data within AVATAR ACADEMY in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) (“GDPR”). By agreeing to these terms and conditions, users consent to Mersus Technologies or its parent organisations holding and processing data in the ways described below.
Users agree that Mersus Technologies or its parent or subsidiary organisations will be acting in the capacity of “Data Controller” for personal data and sensitive personal data held within AVATAR ACADEMY.
10. Personal Data
The personal data (including but not limited to date of birth, gender, primary hand, height, country, time zone) held by AVATAR ACADEMY is handled as follows:
Organisation Unique Identifier (“OUID”): this is an identifier system, used to link AVATAR ACADEMY account to the employee record, in order to ensure accuracy and relevance of the personal data held in AVATAR ACADEMY account.
First Name: this is used to identify the account holder for the purposes of account access, training management and communicating with the user.
Last Name: this is used to identify the account holder for the purposes of account access, training management and communicating with the user.
Location: this is used for time zone / localization purposes.
Email Address: this is used for the purposes of communicating with the user and authentication to AVATAR ACADEMY.
Training History: this data is held for the purposes of training management.
Personal data is controlled, transferred and processed in accordance with our privacy policy.
Identifiable personal data is accessible by the user, the Domain Administrator, training administrators, and the user’s line manager.
Identifiable personal data is never shared with outside organisations save as provided in the privacy policy.
Identifiable personal data held in AVATAR ACADEMY is never used to communicate with the user outside of the purposes of training provision or management.
Identifiable sensitive personal data is never passed to third party organisations.
Where an account is closed, personal data and sensitive personal data, with the exception of the OUID, username, transaction data and the training history, is completely removed from AVATAR ACADEMY within a period of six months.
The OUID and training history is retained indefinitely by AVATAR ACADEMY for evidential purposes that might arise. It is not possible to link this data to the user identity without access to the employee record in the organisation’s human resource system.
You agree to comply with the Mersus Technologies acceptable use policy which shall be updated from time to time without notice. The use of AVATAR ACADEMY shall be subject to our privacy policy available at http://mersus.io which accords with the GDPR and may also subject to change from time to time without notice.
11. Limitation of Liability
The limited warranties in these Terms and Conditions are exclusive and in lieu of all other warranties. We make no other warranty, express or implied. Any implied warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms but nothing contained herein excludes or limits our liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation. Subject to above, you expressly understand and agree that Mersus Technologies, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. Notwithstanding the foregoing, in the event that Mersus Technologies is liable to you, the entire liability of Mersus Technologies to you for claims arising out of or in connection with AVATAR ACADEMY will not exceed €100). This amount (subject to these Terms and Conditions and applicable law) will be in lieu of all other legal or equitable remedies and all liabilities or obligations on our part for damages arising out of, relating to, or in connection with use of AVATAR ACADEMY and these Terms and Conditions, including, but not limited to, the licensing, delivery, installation, use or performance of AVATAR ACADEMY, the integration of AVATAR ACADEMY with other software or hardware or the service provided thereunder. The limitations on Mersus Technologies’s liability to you shall apply whether or not Mersus Technologies has been advised of or should have been aware of the possibility of any such losses arising.
12. Indemnification
You agree to hold harmless and indemnify Mersus Technologies, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of these Terms and Conditions (anyway whatsoever), (b) your use of AVATAR ACADEMY, (c) your violation of applicable laws, rules or regulations in connection with the service, or (d) your content including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, including but not limited to those in respect of claims and actions by third parties alleging breach of their intellectual property rights. In such a case, Mersus Technologies will provide you with written notice of such claim, suit or action.
13. Confidentiality
Users shall not use, nor disclose to any third party any confidential information.
Any confidential information obtained from, or relating to, the disclosing party shall be the property of the disclosing party.
14. Changes to these Terms and Conditions
We may update or amend these Terms and Conditions from time to time. Any changes will be posted online and will take effect from the date of posting. You are responsible for reviewing this file regularly to ensure you are aware of any changes made to the Terms and Conditions. Your continued use of AVATAR ACADEMY after the changes have been posted means you agree to be legally bound by the new Terms and Conditions.
15. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland and any disputes arising shall be subject to the exclusive jurisdiction of the courts of Ireland.
Terms and Conditions Last Update: 14th April 2021