Geocortex Legal Information

Geocortex Legal Information

Licensing Terms of Use


Most Geocortex products are licensed under the Master License Agreement included with the product. If you are in the process of installing Geocortex software, you should first read the VertiGIS North America Master License Agreement below.

 

VertiGIS North America Master License Agreement (L204, L300)

 

Implementation Services Agreement

 

Please check the Master License Agreement Terms and Conditions periodically for updates.

 

If you have any questions about our Licensing and Terms of Use policies, please send us a message.

Maintenance & Technical Support

VertiGIS North America Maintenance and Support Policy sets out the provision of maintenance and general technical support. Maintenance, which encompasses research & development service for product releases, enhancements or upgrades, is not mandatory and is at the licensee’s option.

 

Maintenance & Support Policy (L400)

 

Please check the Maintenance and Support Policy periodically for updates.

 

If you have any questions about our Maintenance and Support Policy, please contact us.

Copyright & Trademarks

Proprietary Rights Acknowledgement

 

Copyright © 2020, VertiGIS North America Ltd.
All rights reserved. Published in Canada.

 

Copyright

 

All Information at this site is protected under the copyright laws of the United States, Canada and in other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any Information found on Geocortex website.

 

Geocortex-based web map viewers and spatial application infrastructure are deployed using licensed, proprietary Geocortex® technology and other proprietary technologies. Many datasets and tools accessible on this website are owned by other organizations and are also protected by copyright law. These may not be reproduced or redistributed without the prior written permission of their respective organizations.

 

Trademarks

 

Certain names, graphics, logos, icons, designs, words, titles or phrases at this web site may constitute trade names, trademarks or service marks of VertiGIS North America Ltd. or other entities.

 

Geocortex and Latitude Geographics are registered trademarks of VertiGIS North America Ltd. in the United States and Canada. Essentials is a registered trademark of VertiGIS North America Ltd. in the United States. Other companies and products mentioned are trademarks or registered trademarks of their respective owners. Trademarks provided under license from Esri.

 

The display of trademarks on pages at this web site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the copier to legal action.

 

Esri, the Esri globe logo, ArcGIS, @esri.com, and esri.com are trademarks, service marks, or registered marks of Esri in the United States, the European Community, or certain other jurisdictions. Trademarks are provided under license from Esri.

 

Microsoft and the Windows logo are registered trademarks of Microsoft Corporation.

 

Other companies and products mentioned on Geocortex web site may be trademarks or registered trademarks of their respective trademark owners.

 

If you have any questions about our Copyright and Trademark policies, please send us a message.

Privacy Statement

Lasted Updated: May 19, 2020

 

This Privacy Policy (the “Policy”) describes the personal information that VertiGIS North America Ltd. (“VertiGIS“, “we”, “us” or “our”) collects from or about you when you use the VERTIGIS NA/Geocortex website or any cloud computing software, mobile apps or related services provided by VERTIGIS NA (collectively, the “Services”), how we use that information, and to whom we disclose it. “Personal information” means information about an identifiable individual.

 

We may modify this Policy from time to time. We will provide you with notice of any material changes to this Policy by publishing or communicating the changes through our Services or by other means so that you may review the changes before continuing to use our Services. Your continued use of the Services after we publish or communicate a notice about any changes to this Policy means that you are consenting to the changes.

 

    1. Accountability and Openness / Compliance

     

    VERTIGIS NA is responsible for personal information under our control. We have established policies and procedures to effectively safeguard any confidential personal information that we collect, and to deal with complaints and inquiries. We are committed to maintaining the accuracy, confidentiality and security of your personal information, and we will ensure that you have access to information regarding the policies and procedures that we use to manage your personal information.

     

    VERTIGIS NA has designated a privacy officer (“Privacy Officer”) who is accountable for our compliance with this Policy, and for ensuring that information about our policies and practices relating to the management of personal information is easily accessible. All questions or concerns regarding this Policy and our compliance with it should be directed to the Privacy Officer in writing, and sent by email to: info@latitudegeo.com, or by mail to:

     

    Privacy Officer
    VertiGIS North America Ltd.
    300-1117 Wharf Street
    Victoria, B.C. V8W 1T7
    Canada

     

    Every complaint or challenge regarding our compliance with this Policy will be investigated, and where a deficiency is found to exist, we will take appropriate measures to address it. This may include amending our policies and procedures as necessary. We will also cooperate with regulatory authorities to resolve any complaints that cannot be resolved between us and an individual user.

     

    If you are located in British Columbia, you may contact the Office of the Information & Privacy Commissioner for British Columbia at P.O. Box 9038 Stn. Prov. Govt., Victoria, B.C. V8W 9A4 or https://www.oipc.bc.ca with any complaints regarding this Policy. Users may also contact the Office of the Privacy Commissioner of Canada at 30 Victoria Street, Gatineau, Quebec K1A 1H3 or https://www.priv.gc.ca/.

     

    2. Consent

     

    Except as expressly provided in this Policy or as otherwise permitted by law, consent is required for the collection of personal information and the subsequent use or disclosure of that information. Consent may be express or implied. For consent to be meaningful, it must be informed consent and will only be valid if it is reasonable to expect that the individual understands the nature, purpose and consequences of the collection, use or disclosure of the personal information to which they are consenting. Typically, we will seek consent in advance or at the time of collection, and make reasonable efforts to ensure that you understand the purpose(s) for which we will use or disclose the information. In certain circumstances, we may seek consent regarding use or disclosure after the information has been collected, but before use, such as when we wish to use personal information already in our possession for a purpose that was not previously identified.

     

    By voluntarily submitting your personal information or otherwise using the Services, you signify your agreement to the terms and conditions of this Policy and to our collection, use and disclosure of your personal information as set out herein. You may change or withdraw your consent to the collection, use or disclosure of your personal information at any time by contacting the Privacy Officer in writing at one of the addresses listed above (see: Accountability and Openness / Compliance). In some circumstances, a change or withdrawal of consent may affect your ability to use the Services.

     

    3. Collection and Retention of Information

     

    We collect Personal Information only to the extent that it is necessary for the purposes set out below (see: Purpose – Why We Collect, Use and Disclose Information).

     

    Subject to any legal or accounting requirements, we will retain personal information only as long as necessary to fulfill the purposes for which it was collected. Personal information that is no longer required will be destroyed, erased or made anonymous, although copies of deleted information may continue to exist on back-up media.

     

    Information that we may collect includes:

     

    User Submitted Information

     

    We collect certain personal information that you directly submit to us at the time of ordering products or services or registering for an account to access or use the Services. Such information may include your name, email address and other contact information.

     

    Usage Data

     

    We collect certain identifying and non-identifying information about how users interact with the Services. Identifying information that we may collect includes information from user logins (such as user name and certain user account information from third party services used to authenticate a user with the Services) and information about usage patterns for the Services (such as which Services and which features of those Services are being used). We also collect non-identifying information from third party analytics services such as Microsoft Azure Application Insights, Google Analytics and Visual Studio App Center. The information collected through such third party analytics services includes anonymous device information (such as IP address, operating system and browser type) and anonymous usage information. We do not provide Google Analytics or Microsoft Azure Application Insights with any personal information.

     

    Cookies

     

    A “cookie” is a small piece of information stored on your computer by a web page. It is used to identify you to the web server. It tells the server who you are when you return to a page on the same website. Your browser will only send a cookie back to the domain that originally sent it to you. A cookie cannot run any programs, deliver any viruses, or send back information about your system.

     

    We use cookies to determine your access to our Services, to complete and support a current activity, and to track usage. Most web browsers automatically accept cookies, but if you do not wish to have cookies on your system, you should adjust your browser settings to decline them or to alert you when cookies are being sent. If you decline cookies, you will still be able to use the Services, but your ability to access certain features and functions may be affected.

     

    4. Purpose – Why We Collect, Use and Disclose Information

     

    We will identify the purposes for which we collect personal information before or at the time we request the information. We will not collect personal information which is not necessary and, except as specified below, will not use or disclose personal information for any purpose other than the purpose(s) for which it was collected without first obtaining your consent. The information that we collect is used and disclosed only for business purposes. These include:

    • to enable you to access and use the Services;
    • to process, track and communicate with you about usage of the Services, including to inform you about bugs, technical issues or fixes that may be relevant to your usage of the Services;
    • to establish, maintain and manage business relations with you so that we may provide you with the information, products or services that you request;
    • internal business purposes, such as administering or improving the Services;
    • to perform internal market research and conduct polls and surveys;
    • to obtain feedback regarding the Services;
    • to provide users with information and promotional materials regarding VERTIGIS NA and VERTIGIS NA’s products and services;
    • to protect us against error, fraud, theft or damage to our business or our property;
    • to comply with any legal, accounting and regulatory requirements, including reporting requirements, applicable laws, and any search warrants, subpoenas or court orders; and
    • any other reasonable purpose for which you provide consent.

    Where personal information that has been collected is to be used for a purpose not previously identified, and for which consent cannot be reasonably implied, the new purpose will be identified and consent obtained prior to the use of that information for the new purpose unless otherwise permitted by law.

     

    If you wish to opt-out of the collection of personal information for the purpose of providing you with information and promotional materials regarding VERTIGIS NA products or services, you may do so by contacting us at info@latitudegeo.com or here.

     

    5. Disclosure to Third Parties

     

    In the course of providing the Services to you, we may delegate our authority to collect, use or disclose your information to third party subcontractors. Third party subcontractors may include web hosts, payment processors, delivery and logistics providers, social network integrators or resellers. If we transfer any personal information to a third party subcontractor, we will provide the subcontractors only with the information needed to perform the subcontracted service, and will use appropriate contractual or other means to provide a comparable level of protection while the information is being used by them.

     

    We may disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law, government request, request of a law enforcement agency, search warrant, subpoena or court order, or based on our good faith belief that it is necessary to do so in order to comply with such law, request, warrant, subpoena or court order, or to protect our business or assets, users of the Services, or the public.

     

    We may also use and disclose your personal information without your knowledge or consent where necessary in connection with a proposed or completed business transaction, such as a sale of any or all of our business or assets. In each such case, we and the other part(ies) to the transaction or proposed transaction will enter into an agreement limiting the purposes for which the personal information may be used and disclosed, ensuring its protection by means appropriate to the sensitivity of the information, and providing for the return or destruction of the information if the transaction does not proceed, or if the transaction does proceed, to notify you within a reasonable time that your personal information has been disclosed.

     

    6. Safeguards – How Information is Protected

     

    We maintain reasonable security safeguards to protect personal information in our possession or under our control from loss or theft, and from unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. The safeguards applied will depend on the sensitivity of the personal information, with the highest level of protection given to the most sensitive personal information. We use user IDs, passwords and encryption technology, and restrict the employees and contractors who have access to personal information to those having a “need to know” and who are bound by confidentiality obligations in order to ensure that information is handled and stored in a confidential and secure manner. When destroying personal information, we delete electronically stored personal information and shred any tangible materials containing personal information. While we will endeavour to destroy all copies of personal information, you acknowledge that deleted information may continue to exist on back-up media but will not be used unless permitted by law.

     

    We will continually review and update our security policies and controls as technology evolves. However, no security technology can be guaranteed to be failsafe. Using the Internet or other public means of communication to collect and process personal data may involve the transmission of data on an international basis and across networks not owned and/or operated by us. Therefore, by using the Services and/or communicating electronically with us, you acknowledge and agree to our processing of personal information in this way and agree that we are not responsible for any personal information which is lost, or which is altered, intercepted or stored by a third party without authorization.

     

    7. Accuracy/Access

     

    VERTIGIS NA has a responsibility to ensure that all personal information contained in our records or which is disclosed to third parties for the purposes described above is accurate, complete and up-to-date. You may make a request in writing for access to your personal information. Except as permitted or required by law, we will inform you of your personal information held by us, and provide an account of the use that has been made of the information, as well as identify any third parties to whom the information has been disclosed. You may have reasonable access to your personal information, and if you demonstrate the inaccuracy or incompleteness of personal information, the information will be amended as appropriate. You should advise us immediately if you discover inaccuracies in our data, if your personal information changes, or if you wish to have your information removed from our files. All notices and requests should be in writing and sent to the Privacy Officer at one of the addresses listed above (see: Accountability and Openness / Compliance).

     

    8. International Transfer and Storage of Information

     

    You acknowledge and agree that your personal information may be transmitted, transferred, processed, and/or stored outside of Canada, including in the United States, and therefore may be available to governmental authorities under lawful orders and laws applicable in such jurisdictions. We will use reasonable means to ensure that your information is protected, but cannot guarantee that the laws of any foreign jurisdiction will accord the same degree of protection as the laws of Canada.

     

    9. Third Party Content and Links to other Websites

     

    The Services may contain optional links to third party Internet websites and services. You acknowledge that these third parties may collect data from users or their computers. The accessing and use of third party websites or services is at your own risk, and we cannot assume responsibility for the privacy practices, policies or actions of the third parties who operate those websites or services. This Policy applies only to the VERTIGIS NA Services, and we encourage you to review the privacy policies of any third parties when using their websites or services.

     

    10. Minors

     

    Minors (persons under the age of majority as defined in your jurisdiction) are not eligible to use the Services unsupervised, and we request that minors do not submit any personal information to us. If you are under the age of majority in your jurisdiction, you may only use the Services in conjunction with and under the supervision of a parent or guardian. VERTIGIS NA does not knowingly collect personal information from minors.

Website Terms of Use

This information is provided over the Internet by VertiGIS North America Ltd. (“VertiGIS NA” with information provided by VertiGIS North America Ltd. and/or its clients and partners.

 

The information found on websites provided by VertiGIS NA is provided “as is” without warranty of any kind, whether express or implied. All implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby expressly disclaimed.

 

VertiGIS NA is not responsible in any manner for direct, indirect, special or consequential damages, howsoever caused, arising out of use of its websites, or the reliance on the information it contains.

 

The information contained on the websites is not intended to provide specific legal, accounting, financial or tax advice for any individual and should not be relied upon in that regard.

 

Facts and information provided by VertiGIS NA are believed to be accurate when placed on the website. Changes may be made at any time to the information at this website without prior notice.

 

Links to other websites or references to products, services or publications other than those of VERTIGIS NA, do not imply the endorsement or approval of such websites, products, services or publications. While browsing the VertiGIS NA/Geocortex website, you may be able to access the websites of our affiliates and third parties through a hyperlink. VertiGIS NA assumes no responsibility for the privacy practices of third parties’ websites and suggests you review the privacy statements/policies on such websites before sharing your personally identifiable data.

 

Please review our Privacy Policy to further understand how website usage may impact you.

 

If you have any questions about our Website Terms of Use policies, please send us a message.

Training Terms and Conditions

Unless superseded by a modified signed training agreement between the parties, this Training Agreement (“Agreement”) is between you (hereinafter “Client”) and VertiGIS North America Ltd. (“VERTIGIS NA”). Client acknowledges that Client has read and understood this Agreement and agrees to be bound by the terms and conditions hereof.

RECITALS
Client wishes to arrange for certain training in the use of GIS software. VERTIGIS NA is willing to conduct training courses regarding the use of GIS software pursuant to the terms and conditions contained herein. The parties therefore agree as follows:

ARTICLE 1 TRAINING DESCRIPTION
VERTIGIS NA offers a set of instructor-led training, self-directed training and related to the use of its Geocortex software.

Instructor-led private training events occur at a client’s site or via the web in a virtual classroom environment. The VERTIGIS NA public software training courses offered and all relevant details are located on VERTIGIS NA’s training website. VERTIGIS NA reserves the right to modify course content when necessary due to software technical capabilities or limitations.

ARTICLE 2 VERTIGIS NA’S RESPONSIBILITIES
•For instructor-led training, VERTIGIS NA will provide an instructor qualified to conduct the course(s) as well as all necessary training materials sufficient for the number of registered participants (hereinafter “Student(s)”) on the scheduled dates. VERTIGIS NA will provide each Student with all required course material, a virtual classroom environment and cloud based Geocortex software, where applicable.
•For self-directed training, VERTIGIS NA will provide access during office hours, in the Pacific time zone as well as all necessary training materials sufficient for the number of Students. VERTIGIS NA will provide each Student with all required course material, and cloud based Geocortex software, where applicable.
•VERTIGIS NA will confirm scheduled virtual classroom training dates approximately three (3) business days prior to the training event start date.
•VERTIGIS NA will confirm scheduled private training dates approximately 13-15 business days prior to the event date.

ARTICLE 3 CLIENT’S RESPONSIBILITIES
•Client must ensure the protection of VERTIGIS NA’s copyrights. CLIENT SHALL NOT RECORD, COPY OR DISTRIBUTE NOR PERMIT A THIRD PARTY TO RECORD, COPY OR DISTRIBUTE ANY OF VERTIGIS NA’S TRAINING MATERIAL(S).
•Client is not authorized to resell seat(s) to a VERTIGIS NA training event, unless explicitly authorized in writing by VERTIGIS NA.
•Client must ensure that all Students have received confirmation from VERTIGIS NA to participate in a VERTIGIS NA training event. Unregistered Students are not permitted to view or participate in an Online Classroom training event. VERTIGIS NA reserves the right to disconnect any Students who permit access to unregistered Students.
•Client must confirm that all registered Students meet the minimum prerequisites for the applicable training event set forth on VERTIGIS NA’s Training website.
•Client must provide written notice to VERTIGIS NA’s Customer Service department at training@geocortex.com of any cancellation, rescheduling, or Student substitution requirements and receive confirmation of these change(s) prior to the training event start date.
•VERTIGIS NA reserves the right to record a classroom training event for future rebroadcast.

ARTICLE 4 SOFTWARE LICENSES
For private instructor-led training, the terms of the VERTIGIS NA license agreement are applicable to all Students and cover all of VERTIGIS NA’s software, data, and documentation licensed for use in any training course to be conducted. VERTIGIS NA may issue temporary software licenses for Client Site Training where there are an insufficient number of software licenses available at the Client’s training facility. Upon conclusion of the training course or event, the Client must uninstall the temporary software licenses and return to VERTIGIS NA any media provided.

ARTICLE 5 CANCELLATION AND RESCHEDULING POLICY
5.1 Virtual Classroom – Individual Student Seats
•When a Student’s place in a training event is filled by another person from the same organization, a Student substitution is allowed at no cost provided VERTIGIS NA’s Training department is notified in advance of the training event start date.
•Students may cancel their enrollment in a training event provided VERTIGIS NA’s Customer Service department is notified.

5.2 Client Site/Private Class (Training Event)
•When a Student’s place in a training event is filled by another person from the same organization, a Student substitution is allowed. A notification is required for Student substitution as soon as possible.
•A training event may be rescheduled by the Client, provided VERTIGIS NA’s Training department is notified seven (7) business days in advance of the training event start date. If appropriate notice of reschedule is provided, Client is responsible for VERTIGIS NA’s reasonable travel expenses and shipping costs incurred.
•A training event may be canceled by the client provided VERTIGIS NA’s Training department is notified seven (7) business days in advance of the training event start date. If appropriate notice of cancellation is provided, Client is responsible for any reasonable travel expenses and shipping costs. If a training event is canceled without appropriate notice, client is responsible for the full training event fee.
5.3 If cancellation of a training event is necessary due to Force Majeure as described in Article 8 below, the affected party is released in full with seven (7) business days notification. The affected party will either reschedule the training or cancel the order without that affected party incurring any liability.

5.4 If VERTIGIS NA is unable to conduct the training on the scheduled date, VERTIGIS NA will notify Client at least seven (7) business days before the scheduled date.

5.5. Client has one (1) year from the date of invoice to undergo training. Any unused training after that one (1) year period shall expire and be forfeited.

ARTICLE 6 CONFIDENTIAL INFORMATION
VERTIGIS NA or Client may disclose to the other party certain confidential information under this Agreement. The disclosing party shall identify the information as confidential information at the time of disclosure. Each party shall use the confidential information described above only for exchanging information needed to provide the training contemplated by this Agreement.

ARTICLE 7 RESERVATION OF OWNERSHIP AND GRANT OF LICENSE
Except as specifically granted in this Agreement, VERTIGIS NA and/or its licensors own and retain all right, title, and interest in software, data, documentation, and training materials.

ARTICLE 8 FORCE MAJEURE
Except with respect to payment obligations under this Agreement, neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from, directly or indirectly, causes beyond the reasonable control of the affected party, including but not limited to fire, floods, earthquakes, epidemic, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, cyberattacks, disruptions or outages of third party services, acts of God or acts, omissions or delays in acting by any governmental authority; provided, however, that the affected party shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall resume performance hereunder as commercially reasonable whenever such causes are removed. The affected party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of Force Majeure.

ARTICLE 9 WARRANTY
VERTIGIS NA will provide training in a manner consistent with the technical and professional standards of the industry.

9.1 Disclaimer of Warranties. WITH THE EXCEPTION OF THE LIMITED WARRANTY SET FORTH IN THIS
ARTICLE, VERTIGIS NA DISCLAIMS, AND THIS AGREEMENT EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, AND NONINFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE DELIVERABLES ARE ERROR FREE.

ARTICLE 10
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
IN NO EVENT SHALL VERTIGIS NA BE LIABLE TO CLIENT FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR TRAINING; LOST PROFITS; LOST SALES; BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF VERTIGIS NA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERTIGIS NA’S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY THE CLIENT FOR THE PORTION OF THE TRAINING UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.


ARTICLE 11 GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia, Canada without reference to its conflict of laws principles.

ARTICLE 12 SEVERABILITY
The parties agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable

ARTICLE 13 ENTIRE AGREEMENT
This Agreement constitutes the sole and entire agreement between the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements (including any attached purchase order terms and conditions) between the parties relating to such subject matter.