Alyte eCommerce Dashboard

Privacy Policy

Last updated: September 8, 2020

Table of Contents

Introduction

Alyte, Inc. and its Affiliates (“Alyte,” “we,” “our” or “us”) take your (“you,” “your,” or “your company”) privacy seriously, especially when it comes to data you provide us. This Privacy Policy outlines our information-sharing practices to help you understand how we protect your privacy, when we collect and use information about you, and the measures we take to protect the confidentiality of that information. This Privacy Policy also explains Alyte’s policy for personally identifiable information and other information we collect from both users and visitors to this website (alyte.com) and other websites or mobile applications owned or operated by us (collectively, the “Websites”), through use of social media pages that we control, if any (“Social Media Pages”), through email messages and other electronic communications that we send to you (“Email”), and through the provision of our services through the Websites (collectively, including the Websites, Social Media Pages, and Email, the “Services”).


This Privacy Policy only applies to information collected through the Services. It governs how we receive and handle information. This Privacy Policy does not apply to:

  • Data collection that happens offline or outside of the Services.
  • The data practices of third parties who may interact with our Services.
  • Any unauthorized or unofficial integrations that our customers may create.

Please note that this Privacy Policy may be supplemented by other privacy notices tailored to our specific relationship with you, including privacy notices that are sent as required under applicable laws and regulations.


We have done our best to write this in clear language. If any part of this Privacy Policy is unclear, we are happy to guide you; please contact info@alyte.net.


You should also review our Terms of Service, found at alyte.net/terms.


Other websites and services of our affiliates and subsidiaries may contain different privacy policies, and you should review the privacy policy available on each applicable website.


By using the Services, you consent to our Privacy Policy and Terms of Service. You also consent to our collection, use and sharing of your information, data, and other activities, as described below.

What information do we collect?

As you use the Services, we may ask you or your company for personally identifiable information and other sensitive information, which can include but is not limited to any individual’s or your company’s name, mailing address, telephone number, email address, credit card number or other payment information, and other information enabling us to provide products and services (“Personal Information”). We may collect Personal Information through forms and other interactions on the Services. This includes places like contact forms, order forms, and other forms available through the Services. If you submit any Personal Information relating to other people to us or to our service providers, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

We automatically collect and store information when you interact with the Services (“Usage Information”). Be default we limit Usage Information access to Alyte and its third party service providers (e.g., hosting). Usage Information includes things like:

  • Ways to identify your device, such as your IP address, UUID, or other unique identifier.
  • Your device functionality (e.g., browser, operating system, hardware, and mobile network).
  • How you found the Services (e.g., referring website).
  • Your activity in the Services, including what pages you visit and the time you spend with us.
  • Your device’s location.
  • General information about your device (e.g., characteristics, date, time of day, etc.).

We use Usage Information to help us learn what parts of our Websites are most popular and among which audiences. We may also use them to help us optimize our user interface, to analyze site usage statistically, to improve content, and to customize our Websites’ content and layout. In short, we use Usage Information to allow us to tailor the Websites and to meet your needs better.

We or our vendors may use a few methods to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set and change settings on your device.
One of the ways we do this is through “cookies.” A cookie is a small file our Service gives your device when it is accessed. We use cookies to enable functionality, improve our Services usage analytics, and market the Services. Another example is as a security measure to prevent fraudulent activity with your accounts. You can disable cookies on your device, but parts of the Services may not be functional without them.
We and our vendors may also use tools like web beacons (“clear gifs”), scripts, and images to help manage site content and usage.
These technologies help us understand the performance and usefulness of content in the Services. We use these insights to improve the content, products or services offered through the Services.
Tracking Technologies used by our service providers are not covered by this policy. We don’t have control over them, but do screen them to make sure they have acceptable policies before integrating.

We get your consent to our storage and collection Tracking Technologies in several ways:

  • Giving you transparent information in this Privacy Policy.
  • Giving you the opportunity to choose to disable cookies.


We are not required to get consent for Tracking Technology that is strictly necessary to the Services. For example, using cookies as a way to improve security through fraud prevention.

Alyte may use other Tracking Technologies (some which may not exist yet) in connection with the Services in the future. Third parties (including vendors) may also use Tracking Technologies in connection with our Services. They may collect information about your online activities across third party websites or services. We may not control those Tracking Technologies and we are not responsible for them. You consent to encountering third party Tracking Technologies as you use our Services. You also accept that our Privacy Policy does not apply to Tracking Technologies or practices of third parties.

Some third parties have ways (e.g. browser do-not-track signals) for users to control how online services collect their information. We don’t currently take any action or respond based on these signals, however, this may change in the future.

We may combine information collected directly from you on our Services with third party records. This information allows us to give you a better experience. Unless disclosed otherwise, combined information becomes Personal Information and this Privacy Policy will apply. Aside from the above, this Privacy Policy does not apply to information we receive about you from third parties. This includes if they have used our technology to collect and share information with us.
Parts of the Services may include certain interactions with third party websites or applications. This functionality may involve the third party operator giving us certain information, including Personal Information. If we offer and you choose to use this functionality in our Services, the third party may send your Personal Information to us. We will treat it as Personal Information under this Privacy Policy because we collect it as a result of you using our Services. We may also provide third party sites’ interfaces or links in the Services to help you send communications. These third parties may keep information used or provided in communications and other activities. These third parties’ practices are not subject to our Privacy Policy. Alyte may not control or have access to your communications through these third parties. When you use third party services, they are responsible for their practices. We can only vouch for our services and policies, and cannot be responsible for their practices. Be sure to review third party policies before using their tools on our Services.
We use vetted third-party vendors for credit card transactions and billing. All credit card transactions are handled separately through their servers. They do not share complete financial account information with Alyte. You can find our current payment process privacy policy here: https://stripe.com/privacy and our credit card subscription platform here: https://www.chargebee.com/privacy/.

3. Acceptable Use

4. Intellectual Property Ownership; Use

As between you and us, we own all right, title, and interest in and to the Platform, including all improvements, enhancements, modifications, and derivative works of them, and all Intellectual Property Rights in all of them. This includes any information we collect and analyze about your use of the Platform pursuant to Section 1.4 (“Monitoring”). Your rights to use the Platform are limited to those expressly granted in these Terms of Service. No other rights are implied with respect to the Platform or any related Intellectual Property Rights.
As between you and us, you retain all right, title and interest in and to Your Data and all Intellectual Property Rights in Your Data; provided that all Resultant Data shall be the owned by Alyte. Our rights to access and use Your Data are limited to those expressly granted in these Terms of Service.
Notwithstanding the foregoing, Alyte shall be permitted during the Term to access, use, store, disclose, and maintain internal copies of Your Data (including without limitation Your Data that is made available via Sales Databases): (i) to provide the Services; (ii) to create Resultant Data for statistical and other analysis, including to improve the Platform; (iii) to monitor your use of the Platform for security and other purposes; (iv) to develop and offer additional services; (v) to enforce these Terms of Service. Following the Term, unless and until Alyte’s Sales Database access is revoked by you, Alyte will be permitted to continue to access Your Data, both current and historical, via Sales Databases for the forgoing purposes. Furthermore, Alyte will be permitted to maintain copies of any of Your Data that is collected by Alyte prior to such revocation of access.

5. Orders, Payment and Taxes

5.1   All Subscription Fees are due prior to the commencement of the period for which such Subscription Fees are assessed. Unless you and we agree otherwise, charges you incur for using the Platform (excluding Subscription Fees) will be governed by the applicable price list at the time of invoicing.


5.2   You must pay all charges you incur for your use of the Platform. Charges may consist of both a committed amount as well as additional amounts, including but not limited to charges for add-on features that you order or enable, as well as charges you incur based on actual usage of the Platform (metered charges, or “overages”). You must establish a method of payment to cover charges. We may bill you directly for any additional charges. We may not require a purchase order to invoice you for charges.


5.3   All Orders are subject to these Terms of Service and are not binding until we accept them. An Order will be deemed accepted when we deliver your Login Credentials to the email address associated with the account. We are not required to provide the Platform to you until you provide to us all information we require for processing your Order and provisioning the Platform for you. All Orders are non-refundable and non-cancellable except as expressly provided in these Terms of Service.


5.4   If you pay for the Platform through a credit card, you will be subject to any additional terms presented to you by our third-party credit card payment processor, which will be the merchant of record for that transaction.
5.5   Subscription Fees are exclusive of Taxes. You must pay or reimburse us for all Taxes arising out of the transactions contemplated by these Terms of Service and your Subscription. If you are required to pay or withhold any Tax for payments due in connection with your Subscription, you must gross up your payments to us so that we receive all sums due in full and free of any deductions. If you are required to pay any Taxes to a taxing authority, you must also provide documentation to us showing that you paid those Taxes. You confirm that we can rely on the name and address you provide to us when you register for the Platform or in connection with your payment method as being the place of supply for sales tax and income tax purposes, or as being the place of supply for VAT purposes where you have established your business.


5.51   Your Subscription Term will automatically renew, and your payment account will be automatically charged at the commencement of the renewed subscription period, unless you give Alyte notice of non-renewal in accordance with Section 7.2. The Subscription Fees for any such renewal term shall be the same as that during the prior term unless Alyte has given you notice of a fee increase prior to the commencement of such renewal term, in which case the fee increase shall be effective upon renewal and thereafter. Any such fee increase pursuant to this Section 5.6 shall not exceed more than a ten (10%) percent increase from the fees for the immediately prior subscription period, unless the fees in such prior period were designated in the relevant Order as discount, multi-year, one-time or promotional pricing.

6. Temporary Suspension

We may, at our option, suspend your use of any Platform if: (a) you are in breach of these Terms of Service (other than for non-payment) and do not cure that breach within 30 days after we notify you of that breach; (b) you commit a material breach of these Terms of Service that cannot be cured; (c) you fail to pay any amounts owed hereunder when due; (d) we believe that your use of the Platform poses a security risk to the Platform or to other users of the Platform; or (e) we suspect fraud or abuse. We will give you notice before suspending your use of the Platform if permitted by Law or unless we reasonably determine that providing notice presents a risk of harm to the Platform, to other users of the Platform, or to any person or property, in which case we will notify you as soon as feasible or permitted. We will promptly reinstate your access to the Platform once we have determined that the issue causing the suspension has been resolved.
You will remain responsible for all fees incurred before and during any suspension.

7. Termination

You may revoke our access to Your Data and/or stop using the Platform at any time, but you will remain liable for all fees and charges otherwise due during the Term until your Subscription is non-renewed or terminated as set forth in this Section 7.
Your Subscription will be automatically renewed for successive [one-month] periods unless you deliver to us notice of non-renewal at least ten (10) days prior to the end of the then-current [monthly] period.

7.3.1     We may, at our option, terminate your Subscription effective immediately upon written notice to you (i) if we have the right to suspend under Section 6.1 or (ii) to comply with applicable Law.
7.3.2     Subject to Section 7.3.1, either you or we may terminate your Subscription effective immediately upon written notice to the other party if that party (a) commits a breach of these Terms of Service and fails to cure such breach within 30 days of notice of the breach, or (b) commits a material breach of these Terms of Service that cannot be cured, or (c) terminates or suspends its business.
7.3.3     If you terminate your Subscription pursuant to Section 7.3.2, we will refund any prepaid Subscription Fees prorated as of the effective date of the termination.

Either you or we may terminate your Subscription effective immediately upon sending the other party notice if that party: (a) becomes insolvent, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or (b) becomes subject to control of a trustee, receiver, or similar authority, or to any bankruptcy or insolvency proceeding.

7.5.1     Upon termination of your Subscription for any reason: (a) you must stop using the Platform, and (b) you must return or, if we request, destroy, any Confidential Information of Alyte or our suppliers in your possession or under your control (other than information that must be retained pursuant to Law). As between you and us, you are responsible for ensuring that you have necessary copies of Your Data prior to the effective date of any termination.
7.5.2     Any provision that, by its nature and context is intended to survive termination or expiration of these Terms of Service, will survive.
7.5.3     Except to the extent you or we are permitted to terminate your Subscription pursuant to Sections 1.7 (“Modifications”), 7.3 (“Termination for Cause”), or 9.2 (“Indemnification by Alyte”), any termination of your Subscription will not entitle you to any refunds, and you will be liable for all fees incurred as of the effective termination date. If we terminate your Subscription prior to expiration of the Subscription Term for cause pursuant to Section 7.3, you will be liable for all unpaid fees due with respect to the Platform for the remainder of the then-current Subscription Term.

8. Disclaimer Of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, FOR OURSELVES AND ON BEHALF OF OUR VENDORS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, RELATING TO THE PLATFORM AND TO ALL MATERIALS OR SERVICES PROVIDED TO YOU IN CONNECTION WITH YOUR SUBSCRIPTION. WE, OUR VENDORS, AND OUR SERVICE PROVIDERS DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR FREE FROM DEFECTS OR ERRORS, OR THAT THE PLATFORM WILL MEET (OR IS DESIGNED TO MEET) ALL OF YOUR BUSINESS REQUIREMENTS.

9. Indemnification

Subject to the remainder of this Section 9.1, you will (a) defend us against any Third-Party Claim; and (b) indemnify us from all fines, damages, and other costs finally awarded by a court of competent jurisdiction or a government agency, or agreed to in settlement. We will: (i) provide you with notice of any Third-Party Claim within a reasonable period after learning of the claim (provided that any delay in providing the notice will relieve you of your indemnification obligations only to the extent that the delay prejudices you), and (ii) reasonably cooperate in response to your requests for assistance. You will have sole control over the defense of any Third-Party Claim. You may not, without our prior written consent, which will not be unreasonably withheld, conditioned, or delayed, settle any Third- Party Claim if that settlement obligates us to admit any liability or to pay any unreimbursed amounts to the claimant, or would affect the Platform or our business practices or policies.

9.2.1     Subject to the remainder of this Section 9.2, we will: (a) defend you against any Infringement Claim; and (b) indemnify you from all fines, damages, and costs finally awarded against you by a court of competent jurisdiction or a government agency, or agreed to in settlement with regard to any Infringement Claim. The foregoing obligations are applicable only if you: (i) provide us with notice of any Infringement Claim within a reasonable period after learning of the claim (provided that any delay in providing the notice will relieve us of our indemnification obligations only to the extent that the delay prejudices us); (ii) allow us sole control over the defense of the Infringement Claim; and (iii) reasonably cooperate in response to our requests for assistance with regard to the Infringement Claim. We will not, without your prior written consent, which will not be unreasonably withheld, conditioned, or delayed, enter into any settlement of any Infringement Claim that obligates you to admit any liability or to pay any unreimbursed amounts to the claimant.
9.2.2     If the Platform becomes or in our opinion is likely to become the subject of an Infringement Claim, we will at our option and expense: (a) procure the rights necessary for you to keep using the Platform; or (b) modify or replace the Platform to make it non-infringing without materially reducing its functionality; or (c) terminate your Subscription and refund any prepaid fees, prorated for the remaining portion of the then-current Subscription Term.
9.2.3     We will have no obligation under this Section 9.2 or otherwise with respect to any Infringement Claim based on: (a) combination of the Platform with non-Alyte products or content, including any of Your Data; (b) use of the Platform for a purpose or in a manner not permitted by these Terms of Service; (c) any modification to the Platform made without our express written approval; (d) any claim that relates to open source software or freeware technology or any derivative or other adaptation thereof that is not embedded by Alyte into the Platform; or (e) your use of the Trial Service.
9.2.4     This Section 9.2 states your sole and exclusive remedy and our entire liability for any Infringement Claims.

10. Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE OF THE PLATFORM, OR LOSS OF CONTENT FOR ANY REASON INCLUDING POWER OUTAGES, SYSTEM FAILURES, OR OTHER INTERRUPTIONS, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OUR LIABILITY FOR ANY CLAIM UNDER THESE TERMS OF SERVICE WILL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID OR PAYABLE TO US FOR YOUR USE OF THE PLATFORM GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATION OF LIABILITY IN THIS SECTION 10.2 WILL NOT APPLY TO (i) ALYTE’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9.2.1 OF THESE TERMS OF SERVICE OR (ii) ANY LIABILITY WHICH MAY NOT BE EXCLUDED BY LAW.

10.3.1     Our vendors and service providers have no liability of any kind under these Terms of Service. You may not bring a claim directly against any of them under these Terms of Service.
10.3.2    You may not bring a claim under these Terms of Service more than eighteen (18) months after the cause of action arises.

11. Confidential Information

Either party (the “recipient”) may use Confidential Information of the other party (the “discloser”) disclosed to it in connection with your Subscription solely to exercise its rights and perform its obligations under these Terms of Service or as otherwise permitted by these Terms of Service. You and we will each use reasonable care to protect that Confidential Information in the same manner as we each protect our own Confidential Information of a similar nature, but in any event with not less than reasonable care. The recipient may disclose the discloser’s Confidential Information only to the recipient’s employees, or to third parties, who have a need to know the Confidential Information for purposes of the these Terms of Service, and who are under a duty of confidentiality no less restrictive than as specified in this Section 11. The recipient may also disclose the discloser’s Confidential Information in accordance with the procedures set forth in Section 1.8 (“Required Disclosures”).

The recipient’s obligations under Section 11.1 with respect to any of the discloser’s Confidential Information will terminate if the recipient can show by written records that the information: (a) was, at the time of disclosure by the discloser, already rightfully known to the recipient without any obligation of confidentiality to the discloser or any third party; (b) was disclosed to the recipient by a third party who had the right to make the disclosure without any confidentiality restrictions; (c) at the time of disclosure is, or through no fault of the recipient has become, generally available to the public; or (d) was independently developed by the recipient without access to or use of the discloser’s Confidential Information.
Nothing in these Terms of Service limits either party’s ability to seek equitable relief.

12. General

You may not assign or transfer your Subscription, in whole or in part, by operation of Law or otherwise, without our prior written consent. Any attempted assignment or transfer of your Subscription or these Terms of Service without our consent will be void and will be a breach of these Terms of Service. Subject to these limitations, these Terms of Service will bind and inure to the benefit of the parties and their respective successors and assigns.
Any notice by us to you under these Terms of Service will be given by email to the email address associated with your account. You must direct legal notices or other correspondence to Alyte, Inc., 14 Mica Lane, Ste. 107, Wellesley Hills, MA 02481, Attention: Chief Executive Officer.
Waiver of a breach of any provision of these Terms of Service will not constitute a waiver of any later breach of that provision, or waiver of a breach of any other provision.
If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in force to the extent feasible.
You and we must each comply with all Laws applicable to the actions contemplated by these Terms of Service.
Neither you nor Alyte will be liable for any delay or failure to perform its obligations under these Terms of Service, except for your payment obligations, due to any cause beyond your or our reasonable control including labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquakes, storms or other acts of nature, embargoes, riots, acts or orders of government, acts of terrorism, or war.
The headings of Sections of these Terms of Service are for convenience and are not for use in interpreting these Terms of Service. As used in these Terms of Service, the word “including” means “including but not limited to”.
These Terms of Service are in English, and the English language version governs any conflict with a translation into any other language.
These Terms of Service are governed by and construed in accordance with the internal Laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of Law provision or rule that would require or permit the application of the Laws of any jurisdiction other than those of the Commonwealth of Massachusetts. Any legal suit, action, or proceeding arising out of or related to these Terms of Service, your Subscription, or the rights granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the city of Boston and County of Suffolk, Massachusetts, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Other than as expressly provided in these Terms of Service, these Terms of Service do not create any rights for any person who is not a party to it, and only persons who are parties to these Terms of Service with respect to a given Subscription may enforce any of its terms or rely on any exclusion or limitation contained in these Terms of Service.
We and you are independent contracting parties, and neither these Terms of Service nor your Subscription will be construed to create a partnership, joint venture, agency, or employment relationship between us. Neither you nor Alyte, nor any of our respective affiliates, officers, directors, or employees, is an agent of the other for any purpose, nor has the authority to bind the other.
These Terms of Service will supersede any conflicting or additional terms and conditions of any purchase order or other purchasing-related document issued by you relating to any Order for the Platform.
These Terms of Service, as they may be modified from time to time, are the entire agreement between you and Alyte regarding its subject matter. These Terms of Service supersede all prior or contemporaneous communications, understandings and agreements, whether written or oral, between you and Alyte regarding its subject matter.

13. Definitions