VMS Software, Inc. Privacy Policy

Last modified: February 26, 2021

1. Introduction

VMS Software, Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit the website (our "Website"), the forum (our “Forum”), or the wiki (our “Wiki”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • On our Forum.
  • On our Wiki.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, unless specifically mentioned in this policy, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website. If you click a link and leave our website, we are not responsible for the protection of the data you may provide to other websites. Please check these websites’ privacy policies for details.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

2. Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact our compliance department at compliance@teracloud.com.

3. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, forum, and our wiki during the registration process and on our website with the community license application form. The following information is gathered:

  • Information by which you may be personally identified (“personal information”), such as:
    • Name
    • Company
    • E-mail Address
    • Phone number
    • Postal Address/Billing Address (for Customers Only)
    • Miscellaneous information applicants may share with VMS Software
    • Any other identifier where we may contact you online or offline
  • Information that is about you, but individually does not identify you:
    • IP Address
    • Country
    • Browser Utilized
    • Information about your internet connection
    • Equipment you use to access our website
    • Operating System

We collect this information:

  • Directly from you when you provide it to us.
  • At the time of purchase, registration, or community license application.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, google analytics, etc.
  • From third parties, for example, our business partners and/or affiliates.

4. Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of:
    1. Registering on our Website
    2. Subscribing to our service
    3. Posting material
    4. Requesting further services
  • We may also ask you for information such as:
    1. When you enter a contest or promotion sponsored by us
    2. Apply for the community license
    3. When you report a problem with our Website
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website
  • Information posted by you to any forums.
  • Information posed on the wiki. You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

5. Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For more information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking, please contact privacy@VMSsoftware.com.

The information we collect automatically is strictly statistical data and does not include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. Cookies are not collected directly through our website, and are strictly collected through our wiki, forum, and training pages.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

6. Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

7. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. We may also collect certain information about you through our contact forms utilized by our sales department. Users who provide their personal data may receive certain emails from us, which include, but are not limited to:

  • Registration confirmation emails
  • Community license application confirmation emails
  • Community license PAK download links
  • Community license decision emails
  • Login credentials to the training platform or registration links
  • Information about corporate offers, specific courses and arrangements (only if explicitly requested in a prior e-mail)
  • Quotes and invoices as requested by them
  • Instructor-led training materials and information (class arrangements and hours, office address, etc.)

If you do not want us to use your information in this way, please e-mail us directly at privacy@vmssoftware.com to be removed or click the Unsubscribe link on any of the emails that we send.

8. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of VMS Software’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by VMS Software about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it. (For example, if you fill out the contact form with your e-mail address, we will contact you at that e-mail address.)
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply any agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of VMS Software, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

9. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third- Party Advertising. We do not share personal information with unaffiliated or non-agent third parties for promotional purposes.
  • Promotional Offers from the Company. If you do not wish to have your email address and/or contact information used by the Company to promote our own or third parties' products or services, you can opt- out by sending us an email stating your request to privacy@vmssoftware.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Note: We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.

10. Accessing and Correcting Your Information

You may also send us an email at privacy@vmssoftware.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, forum, or wiki, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

11. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted and are handled through our third party payment processors (Stripe, First Data).

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

12. Security of Your Personal Information

We are committed to ensuring that your personal information is secure and stored in accordance with privacy regulations (such as GDPR & CCPA) and customer requirements by providing the appropriate environment preventing unauthorized access or disclosure. Personal information collected during the course of business, or through other means where you may provide it to us, is housed on third-party servers owned by Vultr and Digital Ocean.

If you believe that your data has been misused or is insecure, please contact us at privacy@vmssoftware.com.

13. Control Your Personal Information

You are not required to provide your personal information to access our website. Training can be purchased by contacting us at our training email training@vmssoftware.com. A community license can be obtained by sending your community license request to community@vmssoftware.com.

Note: While you may provide information or personal credentials to write on the wiki and/or the forum, you do not need to provide any information to read the OpenVMS Wiki and the OpenVMS Forum.

14. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page (with a notice that the privacy policy has been updated on the Website home page). If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to- date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

15. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

VMS Software Inc. 800 District Ave, Suite 530 Burlington, MA 01803

You may also contact us directly by: