Copyright © 2021-2024 ViewSonic Corporation. All rights reserved.
Last updated on June 7, 2024

This End User License Agreement (“EULA”) is between you and ViewSonic Corporation (“ViewSonic”). It is applied to ClassSwift by ViewSonic software, and the related documentations licensed by ViewSonic and its licensor(s) and provided by ViewSonic to you (“Software Product”).

Please read this EULA carefully. If you do not agree to all of the terms of this EULA, you shall not use the Software Product. Your use of the Software Product indicates your acceptance of this EULA. All updates to the Software Product shall be considered part of the Software Product and subject to the terms of this EULA. If the update is accompanied by new terms of this EULA, then those terms apply.

By explicitly accepting this EULA or by installing or using the Software Product, you are acknowledging and agreeing to be bound by the following terms:

1. GRANT OF NON-EXCLUSIVE LICENSE

This Software Product is licensed, not sold. You are granted a personal, non-exclusive, non-transferable and limited right for a single user to use this Software Product. Each concurrent user of the Software Product must obtain an additional Software Product license. Certain features of this Software Product are limited only to registered account users or registered and paid users, and you are allowed to use these features only if you are using a registered user account or a registered and paid user account and the user account must remain effective at the time of your use. These registered or registered and paid features do not allow concurrent use and each concurrent user must obtain his/her own registered or registered and paid user account.

2. LICENSE LIMITATIONS.

The license granted in Section 1 is conditioned upon your compliance with the following limitations. All rights not expressly granted to you are retained by ViewSonic and/or its licensor(s). You are not permitted to:

1. a) work around any technical limitations in the Software Product or to use the Software Product in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in Software Product;
2. b) tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities;
3. c) reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Software Product, except and only to the extent that applicable law expressly permits, despite this limitation;
4. d) rent, lease, lend, distribute or in any way transfer any rights in this EULA or the Software Product to any third party without ViewSonic’s prior written approval provided that such successor agrees to the terms of this EULA and the initial user shall not retain any copies of the Software Product;
5. e) modify or make any derivative works or copies of the Software Product, in whole or in part;
6. f) remove any proprietary notices or labels on the Software Product or any copy thereof; or
7. g) make any use of the Software Product in any manner not permitted by this EULA.
8. h) disclose or give others your registered or registered and paid user account information whether in public or in private, or in any way allow others to use your registered or registered and paid user account.

3. INTELLECTUAL PROPERTY

The Software Product is protected by copyright and other intellectual property laws and treaties. Except for the license rights expressly set forth in this EULA, you are not granted or received any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the Software Product, nor in any copy of any part of the foregoing.

4. INDEMNIFICATION

You hereby agree to indemnify ViewSonic and its licensor(s) against and hold harmless ViewSonic and its licensor(s) from any claims, lawsuits, liability or other losses or damages, including but not limited to the reasonable attorney fees and litigation expenses, arising out of your breach of any provision of this EULA.

5. THIRD PARTY SOFTWARE

Third party software may be provided along with the Software Product subject to separate license agreement(s) from such third party(s). By using this Software Product, you agree to be bound and abide by the aforesaid separate license agreement(s). The license under this EULA does not apply to such third party software. ViewSonic and its Licensor(s) are not responsible for any third party software and shall have no liability for your use of third party software.

6. SUPPORT SERVICES

ViewSonic may, at its sole discretion, provide you with updates or supplements of the Software Product (“Support Services”). Use of any Support Services is governed by this ELUA and any update thereto. This EULA will be terminated on the date of the first occurrence of either of the following events: (1) one month after written notice of termination from you to ViewSonic; or (2) you breach any terms of this EULA or any terms of any other agreement between you and ViewSonic. Upon the termination of this EULA, further use of the Software Product is prohibited. You shall permanently remove and/or destroy the Software Products or any copies from your computer system(s), hard disk or other storage devices on which the Software Product is installed or stored.

7. Privacy Policy

7.1 Applicability

This clause is not applicable to personal information collected in the European Union (EU), European Economic Area (EEA) or the United Kingdom (UK), or obtained in any manner from these jurisdictions. If you are an individual in the EU, EEA or the UK, your privacy rights will be subject to the General Data Protection Regulation (EU) or the United Kingdom General Data Protection Regulation (UK GDPR) as applicable, as stated in Appendix One.

7.2 Purpose

When you use the Software Product, ViewSonic and/or its authorized third party service provider may collect, store and run statistics and carry out analysis based on the use condition and information of the Software Product by you, which is purported to analyze the use condition of the Software Product, and improve services and to provide automatic software upgrade, so that ViewSonic can improve product, provide best user-friendly experience and personalized content to users. ViewSonic will take necessary protective measures, to protect your personal information. You can choose not to provide personal information or choose to provide part of personal information, but under such circumstance, ViewSonic will not be able to provide product or services to you, or the product function and services provided by ViewSonic will not be able to meet the general requirements of the market.

7.3 Way

In order to better improve the Software Product, when user clicks the Software function button, the Software Product will record user’s operation behavior; under the condition that individual user’s privacy information is not disclosed illegally, ViewSonic or its authorized third party service provider has the right to analyze the database of operation behaviors of all users, and use the data of user’s operation behaviors for commercial purpose. Here are some examples of how ViewSonic and its authorized third party service provider may collect personal information and how ViewSonic and its authorized third party service provider may use such information:

7.3.1 When user creates a user account, purchases product, downloads and updates the Software, or participates in online survey, ViewSonic may collect various information, including but not limited to user’s name, display name, institutes, title, telephone number, email address, contact information, mac address, IP address, preference, hardware specification, and Windows version.

7.3.2 When institutes import user profile into the Software Product, ViewSonic may be provided or collect various information, including but not limited to user’s name, display name, email address, IP address, preference, hardware specification, and OS version.

7.3.3 In accordance with laws, ViewSonic may, during the individual user real-name certification procedures, request users to provide an authentic and valid identity certificate issued by the relevant government authority, but such request only applies to a small number of cases.

7.3.4 ViewSonic offers certain AI-supported functionalities within the ClassSwift product, including but not limited to the class record analysis feature and teaching resource feature. To continuously improve the AI-powered features of our services by fine-tuning our underlying models which empower ClassSwift, and for research purposes, we may use your contents which you input, upload, image, file. We also aggregate or anonymize personal data, ensuring it cannot identify you, to enhance our service offerings and perform analytical studies, adhering to privacy regulations and standards.

7.4 Use

7.4.1 By using the personal information so collected, ViewSonic can notify users of the release of the latest product, software update and activities and provide automatic software update.

7.4.2 ViewSonic will also use personal information for the following purposes: help ViewSonic to create, develop, operate, provide and improve ViewSonic’s product, services, content and advertising, and other normal and reasonable commercial activities.

7.4.3 ViewSonic may use personal information to send important notices, for example, information about product purchase, and change in terms, conditions and policies. Given that such information is critical to the communication between user and ViewSonic, in principle user cannot refuse to receive such information, unless user ceases to use the Software.

7.5 Collection and Use of Non-personal Information

7.5.1 ViewSonic also collects and uses data that cannot be directly linked to any specific person (i.e. non-personal information).

7.5.2 ViewSonic can collect, use, transfer and disclose non-personal information for any purpose.

7.5.3 Here are some examples of How ViewSonic and its authorized third party service provider may collect non-personal information and how ViewSonic and its third part service provider may use such information: ViewSonic may collect information such as occupation, language, zip code, area code, unique device identifier, referral URL, location and user’s time zone when using the Software, so that ViewSonic can better understand user’s behavior, improve ViewSonic’s product, services and advertising.

7.5.4 ViewSonic may collect information generated when user logs on and does retrieval in the Software Product. ViewSonic will summarize such information, to help ViewSonic to provide more useful information to user and to help ViewSonic to know which part of ViewSonic’s product and services user is most interested in, so that ViewSonic can improve the service quality and make it more relevant.

7.5.5 This service and its accounts are only for users who are 18 years of age or older, or the age of majority as defined by local laws, unless the minor user's account is activated by their respective school or educational institution. In such cases, the aforementioned school or educational institution must have informed the minor user about the relevant privacy matters of this service and obtained prior consent from the minor user's legal guardian. 

8. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) ARE PROVIDED "AS IS" AND VIEWSONIC AND ITS LICENSOR(S) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. VIEWSONIC AND ITS LICENSOR(S) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NO VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE SOFTWARE PRODUCT OR SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) REMAINS WITH YOU.

9. LIMITATION OF DAMAGES AND LIABILITIES

YOU CANNOT RECOVER ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, DAMAGES TO YOUR DEVICE OR OTHER SYSTEMS, LOSS OF GOODWILL, LOSS OF TIME OR INTERRUPTION OR DISCONTINUATION OF BUSINESS OPERATION) ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE PRODUCT, SUPPORT SERVICES OR THIS EULA, EVEN IF VIEWSONIC AND/OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. VIEWSONIC AND ITS LICENSOR(S) SHALL IN NO WAY BE HELD LIABLE OR RESPONSIBLE FOR, AND YOU SHALL INDEMNIFY AND HOLD VIEWSONIC AND ITS LICENSOR(S) HARMLESS FROM ANY LIABILITIES FOR, ANY UNLAWFUL OR ILLEGAL USE OF THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE EXTRACTION AND USE OF COPYRIGHTED DATA FROM EXTERNAL SOURCES (E.G. WEB PAGES).

10. HIGH-RISK ACTIVITIES

The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, and weapons systems, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High-Risk Activities"). Accordingly, ViewSonic and its licensor(s) specifically disclaim any express or implied warranty of fitness for High-Risk Activities. You agree that ViewSonic and its licensor(s) will not be liable for any claims or damages arising from such use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.

11. GENERAL

This EULA is the complete statement of the agreement between you and ViewSonic on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.

No amendment or modification of any terms of this EULA shall be effective unless agreed by ViewSonic and its licensor(s) in writing.

You acknowledge that any breach of any terms of this EULA will cause ViewSonic and its licensor(s) great and irreparable harm, for which remedies available at law are inadequate. ViewSonic and its licensor(s) shall therefore be entitled to seek injunctive and other equitable relief, including but not limited to, specific performance, to prevent a breach, continued breach or threatened breach of this EULA, in addition to other remedies ViewSonic and its licensor(s) are entitled to seek.

You agree to comply with all applicable laws that apply to the Software Product and your use of the Software Product, including but not limited to export control laws and regulations required by any governments.

 Any waiver by ViewSonic or its licensor(s) of any violation of this EULA by you shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision, of this EULA.

12. Governing LAWS AND JURISDICTION

You expressly agree that this EULA shall be governed and construed solely in accordance with the laws of the State of California without giving effect to conflicts of law principles thereof. You further agree that if you or any of your agents, representatives or heir brings any litigation as the plaintiff against ViewSonic, the federal or state courts in Los Angeles, California shall have the exclusive jurisdiction in any conflict or dispute or other cause arising out of or in connection with this Software Product or this EULA. You further agree that if ViewSonic brings any litigation as the plaintiff against you or any of your agents, representatives or heir, the federal or state courts in Los Angeles, California shall have the personal jurisdiction in any conflict or dispute or other cause arising out of or in connection with this Software Product or this EULA and ViewSonic may bring a litigation in either the aforesaid courts or any other courts in your place of domicile or residence.

13. CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact ViewSonic for any reason, please direct correspondence:

Company: ViewSonic Corporation
Address: 10 Pointe Dr., Suite 200, Brea, CA 92821, USA
 https://www.classswift.viewsonic.io/contactus

Appendix One: Privacy Rights of Individuals Residing in the EU, EEA and UK.

If you have downloaded ClassSwift by ViewSonic (the “Software Product”) we make the following Privacy Policy available to you to explain how we receive, collect, process and manage your personal data. 

If you are an individual in the EU or EEA, your privacy rights are subject to the following under the General Data Protection Regulation (the “GDPR”) and relevant national data protection laws. References herein to the GDPR shall be taken to be references to the UK GDPR for individuals in the jurisdiction of the UK. The GDPR and UK GDPR are substantially similar. 

At ViewSonic, we take protecting the confidentiality and personal information of our partners and customers seriously, and with this in mind, we adhere to the following Privacy Policy and provide the following information in accordance with Art. 13 and Art. 14 of the GDPR. 

The responsible party within the meaning of data protection laws, in particular the GDPR, for processing activities where ViewSonic Corporation is the controller is: 

ViewSonic Corporation

10 Pointe Drive, Suite 200, Brea, CA 92821, USA

classswift.support@viewsonic.com 

UK Representative of ViewSonic Corporation:

c/o ViewSonic Europe Limited

1st Floor, Salamanca Place

9 Albert Embankment

London UK

SW8 1GX

United Kingdom

E-Mail: classswift.support@viewsonic.com   

Tel.: +44 (0) 207 382 8250

External Data Protection Officer of ViewSonic Europe Ltd.: 

c/o activeMind.legal Rechtsanwaltsgesellschaft GmbH

Potsdamer Straße 3

80802 München

Deutschland

Tel: +49 (0) 89 / 919294-900

E-Mail: viewsonic@activemind.legal 

EU Representative of ViewSonic Corporation:

c/o ViewSonic Technology GmbH 

Fürst-Leopold-Platz 1, 46284 Dorsten, Deutschland

Tel: +49 (0) 2362 9544 805

E-Mail: classswift.support@viewsonic.com 

External Data Protection Officer of ViewSonic Technology GmbH: 

c/o activeMind.legal Rechtsanwaltsgesellschaft GmbH

Potsdamer Straße 3

80802 München

Deutschland

Tel: +49 (0) 89 / 919294-900

E-Mail: viewsonic@activemind.legal

You can exercise the following rights at any time using the contact details provided by our data protection officer:

• Information about your data stored by us and its processing (Art. 15 GDPR),
• Correction of incorrect personal data (Art. 16 GDPR),
• Deletion of your data stored by us (Art. 17 GDPR),
• Restriction of data processing, unless we are not yet allowed to delete your data due to legal obligations (Art. 18 GDPR),
• Objection to the processing of your data by us (Art. 21 GDPR) and
• Data portability, insofar as you have consented to the data processing or have concluded a contract with us (Art. 20 GDPR).

If you have given us consent, you can revoke it at any time with effect for the future.

You may at any time lodge a complaint with a supervisory authority, e.g. the competent supervisory authority in the federal state, province, or country of your residence or the authority responsible for our EU or UK Representative. 

1. YOUR ACCOUNT 
   1. Registration of an account directly

Nature and purpose of processing:

When you create an account for ClassSwift, the following data is processed:

• First and last name
• E-mail address 
• Your chosen ClassSwift name
• A checksum of the password you have chosen
• Your role (student, teacher, administrator, owner)
• Your organization
• Country and territory
• Optional: Remember me on this device

This data is used to maintain your account, communicate with you and allow you to use the Software Product. 

Legal basis:

When registering, the processing of your data is based on Art. 6 (1) (b) GDPR for the performance of our contract, the EULA, with you. 

Recipients: 

Recipients of the data are, if applicable, technical service providers who act as data processors for the operation and maintenance of our Software Product. 

Storage period: 

We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement. Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com. 

Third Country Transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses

Provision prescribed or required:

The provision of your personal data is not required by law or contract but is necessary for the creation of an account for the Software Product. If you do not provide the personal data, you will not be able to create an account for the Software Product and thus not able to use the Software Product. 

When you register an account for ClassSwift via a third party, such as Microsoft, Google or Apple, your necessary information is transferred to ClassSwift. Your login details from Microsoft, Google, Apple are then used to create your ClassSwift account. For example, we will receive your Microsoft email address from Microsoft in order to create your account. 

When you enter ClassSwift as a teacher you will set up your class. For this setup and the use of the class several personal data are processed for different purposes. Those are:

5.1 Set up of class

Nature and purpose of processing:

In order to set up your Classroom some personal information may be processed, such as:

• Your account
• Class name and description
• Your chosen display name
• Your role (e.g. teacher, administrator, and owner)
• Your subscription

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (b) GDPR on the basis of provision of our contract with you and your organization.

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage period: 

We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.
 

Third Country Transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you cannot set up a class and therefore not use ClassSwift. 

5.2 Management of Users

An administrator or teacher can invite teachers or students to register an account for ClassSwift. Invitations for classes and lectures may be sent. In this case, ViewSonic receives the contact details from the administrator or teacher in order to contact you. 

The following data is processed for this purpose:

• Names of teachers and students
• E-mail-addresses of teachers and students

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in fulfilling the functions of the ClassSwift application and our contract with the relevant teacher or administrator. 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage period:

The administrator or teacher can clean up their account at any time.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.

Third Country Transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, the ClassSwift application cannot be used.  

When you enter ClassSwift as a teacher you will set up your class. For this setup and the use of the class, several personal data are processed for different purposes. Those are:

6.1 Set up of class

Nature and purpose of processing:

In order to set up your account some personal information may be processed, such as:

• Your account
• Your chosen display name
• Your role (e.g. teacher, administrator, student, and owner)
• Your subscription

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (b) GDPR on the basis of provision of our contract with you and your organization.

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage period: 

We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.
 

Third Country Transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you cannot set up a class and therefore not use ClassSwift. 

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in fulfilling the functions of the ClassSwift application and our contract with the relevant students. 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage period: 

We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.
 

Third Country Transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, the ClassSwift application cannot be used.  

When you start a lesson, ClassSwift has several applications running for which the following data are processed:

7.1 Lessons 

Nature and purpose of the processing:

When your class is set up, you can start your lesson and invite students to attend class by letting them scan the QR code. The data processed for this purpose are:

• Class Date
• Class Time (e.g. the time when the lesson starts and ends)
• Contact information of teachers and students
• Students and their display names
• Participants and their display names
• The participants' accounts, if they are logged in
• The number of times users use the button, including QR Code button, Copy ClassID link button, and Class List button

Legal basis:
 

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of the students' consent and Art. 6 (1) (b) GDPR for the performance of our contract, the EULA. 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage period: 

We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.
 

Third Country Transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you cannot start your classes and invite your students to attend. 

7.2 Quizzes

Nature and purpose of processing:

When using ClassSwift you are able to screenshot anything on your screen and push that content to the students and participants through multiple ways of quizzes. Therefore, the following data is processed:

• Quiz type (e.g. True/False, Single Selection, Multiple Selection, Audio and Short Answer)
• Quiz time (e.g. the time when the quiz starts and ends)
• The screenshots from the teachers
• The responses in all forms from the students and participants

This information is processed to give you the opportunity to interact with students and participants in real time.

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of the students' consent and Art. 6 (1) (b) GDPR for the performance of our contract, the EULA. 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage period: 

We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.
 

Third country transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you are not able to use our quiz function. 

7.3 Push and Responses

Nature and purpose of processing:

When using ClassSwift you are able to screenshot anything on your screen and send the content to students and participants. After receiving the screenshot, the recipients are able to edit it and send it back to the teachers. Therefore, the following data is processed:

• The number of times that teachers click the Push Content button
• The screenshots from the teachers
• The responses from students and participants

This information is processed to give you the opportunity to interact with your students and participants in real time in an easy and inaudible manner.

Legal basis:

The processing is carried out in accordance with Art. 6 (1) (a) GDPR on the basis of the students' consent and Art. 6 (1) (b) GDPR for the performance of our contract, the EULA. 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Storage period: 

We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.
 

Third Country Transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses
 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, you are not able to use our push and response feature. 

7.4 AI Function

Nature and purpose of processing: In order to improve efficiency, user experience, and take care of routine tasks as part of your creative process, ViewSonic offers certain AI-supported functionalities within the ClassSwift product, including but not limited to the class record analysis feature and teaching resource feature. Our aforesaid AI features are not available to users who subscribe to our basic service plan or any plan without AI features. Our aforesaid AI features are available to the aforesaid users when they switch to our paid service plan or any plan with AI features and are also available to users who subscribe to our paid service plan or any plan with AI features.

In order to provide those AI-supported features, ClassSwift uses the following types of personal data:

• User Content: ClassSwift collects and processes content you provide, including input, uploads, and feedback, to enhance your interaction with our services. This may encompass various forms of data like sticky notes, text, and handwritten input.
• Usage Data: ClassSwift gathers information on how you use our services, including content interaction, feature usage, and activity metrics. This usage data, which aids in service improvement and issue resolution, is devoid of personally identifiable information.

Roles:

Utilization of User Content:

Legal basis: We process user content (including user-generated data) only with your consent pursuant to Art. 6 (1) (a) GDPR. If you have given us consent, you can opt out on the UI.

Recipients: Recipients of user content are either ViewSonic or third-party service providers who help with our data processing. Our AI models are either in-house or sourced from external parties. To support our business functions and certain ClassSwift features, we may pass user content to partners like hosting services, customer support, cloud computing, email systems, web analytics, and IT services. These providers act as our data processors and only handle user data as per our instructions, strictly within the scope of their services for us.

Third country transfer: We may transfer user content to third-party service providers (e.g. OpenAI, and cloud service providers like Azure) in order to complete the user request. ClassSwift might share limited data with those service providers for the above purposes and to monitor compliance with codes of conduct. Any transfer of personal data to third countries is conducted based on Art. 44 et seq. GDPR, i.e. we ensure that there are appropriate safeguards such as an adequacy decision or Standard Contractual Clauses in place for the transfer. Upon request, we will provide you with more information hereto.

Storage period: We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.
 

Should data exceed this threshold, older log files will be prioritized for deletion to comply with the storage limit. Log storage duration is contingent on usage levels—the more frequent the usage, the quicker the threshold is exceeded then log records get deleted.

Provision mandatory or required: The provision of your personal data is voluntary. Without the provision of your personal data, we cannot grant you access to our AI-supported features.

Nature and purpose of processing:

Should you require technical support or have a query regarding any of the features of ClassSwift we provide a Support function. In order to assist you with your support query we may have to process personal information, for example:

• Your support query
• Your name
• Your contact details
• Your job title
• Your organization
• Your country/region
• Information regarding your device
• Information regarding your browser (Type and Version)
• Further information you provide to us

Legal basis and legitimate interest:

The processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in providing customer support, eliminating technical issues within ClassSwift, and learning from any technical issues in order to improve the functionality of ClassSwift. 

Recipients:

Recipients of the data may be technical service providers who act as data processors for the operation and maintenance of the Software Product.

Third country transfer:

The collected data may be transferred to the following third countries:

• United Kingdom
• United States of America
• Taiwan

The following data protection guarantees are in place:

Standard Contractual Clauses

If you would like to receive a copy of these please contact our data protection officer. 

Storage period: 

We store the data as long as you use the Software Product.  If another contract contains storage period agreement, we will delete personal information according to the agreement.
 

Or if you wish to delete your account please send us an email to classswift.support@viewsonic.com.
 

Provision prescribed or required:

The provision of the aforementioned personal data is not required by law or contract. However, without this data, the service and functionality of our website cannot be guaranteed. In addition, individual services and services may not be available or may be restricted.

Objection:

Please read the information about your right to object according to Art. 21 GDPR below.

Individual right of objection

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6(1)(f) GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims.

Recipients of an objection

ViewSonic Corporation

Address: 10 Pointe Drive, Suite 200, Brea, CA 92821, USA

E-Mail: classswift.support@viewsonic.com 

We reserve the right to adapt this privacy policy so that it always complies with the current legal requirements or in order to implement changes to our services in the privacy policy, e.g. when introducing new features or tools. The new privacy policy will then apply to your next visit.

ViewSonic will NOT knowingly collect personal data from children or minors (as defined by local requirements), and if we learn that we have personal data about a child or minor, we will delete it from our systems. If you are a child or a minor, you must request a parent or guardian to register for the service on your behalf.

If you have any questions about data protection, please write us an e-mail or contact the person responsible for data protection in our organization directly:

Data Protection Officer

ViewSonic Corporation 

10 Pointe Drive, Suite 200, Brea, CA 92821, USA 

E-Mail: classswift.support@viewsonic.com 

Appendix Two: Detail terms and conditions.

Terms and conditions of use

1. Introduction

These terms and conditions shall govern your use of our website or ClassSwift by ViewSonic (the “Application”).

2. Copyright notice

1. All rights reserved by ViewSonic Corporation and/or its affiliate or subsidiary companies. All other Corporate names and trademarks are the property of their respective companies. All prices and specifications are subject to change without written notice. Images are for illustrative purposes only. Offers and programs may vary by country. Terms & Conditions Apply. Copyright © ViewSonic Corporation 2021-2023. All rights reserved.
2. Subject to the express provisions of these terms and conditions:
   • (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
   • (b) all the copyright and other intellectual property rights on our website and the material on our website are reserved.

3. License to use website or Application

1. You may:
   • (a) view pages from our website in a web browser;
   • (b) download pages from our website for caching in a web browser;
   • (c) print pages from our website; and
   • (d) make use of the services we provide on the website subject to the other provisions of these terms and conditions.
   • (e) use all tools to teach in class or present to your audiences; and
   • (f) interact with students or participants.
2. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or Application.
3. Unless you own or control the relevant rights in the material, you must not:
   • (a) republish material from our website (including republication on another website);
   • (b) sell, rent or sub-license material from our website;
   • (c) show any material from our website in public;
   • (d) exploit material from our website for a commercial purpose; or
   • (e) redistribute material from our website.
4. We reserve the right to restrict access to areas of our website or Application, or indeed our whole website or Application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website or Application.

4. Prohibited use

1. You must not:
   • (a) use our website or Application in any way or take any action that causes, or may cause, damage to the website or Application or impairment of the performance, availability or accessibility of the website or Application;
   • (b) use our website or Application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
   • (c) use our website or Application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
   • (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website or Application without our express written consent;
   • (e) access or otherwise interact with our website or Application using any robot, spider or other automated means, except for the purpose of search engine indexing;
   • (f) violate the directives set out in the robots.txt file for our website; or
   • (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
2. You must not use data collected from our website or Application to contact individuals, companies or other persons or entities.
3. You must ensure that all the information you supply to us through our website or Application, or in relation to our website or Application, is true, accurate, current, complete and non-misleading.

5. Registration and accounts

1. You may register for an account with our website or Application by completing and submitting the account registration form on our website or Application, and clicking on the verification link in the email that our system will send to you.
2. You must not allow any other person to use your account to access the website or Application.
3. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
4. You must not use any other person’s account to access the website or Application.

6. User login details

1. If you register for an account with our website or Application, you should provide the password for your account.
2. You must keep your password confidential.
3. You must notify us in writing immediately if you become aware of any disclosure of your password.
4. You are responsible for any activity on our website or Application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

1. We may:
   • (a) suspend your account;
   • (b) cancel your account; and/or
   • (c) edit your account details, at any time in our sole discretion without notice or explanation.
     
      

8. Your content:

1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
   • (a) be libelous or maliciously false;
   • (b) be obscene or indecent;
   • (c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
   • (d) infringe any right of confidence, right of privacy or right under data protection legislation;
   • (e) constitute negligent advice or contain any negligent statement;
   • (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
   • (g) be in contempt of any court, or in breach of any court order;
   • (h) be in breach of racial or religious hatred or discrimination legislation;
   • (i) be blasphemous;
   • (j) be in breach of official secrets legislation;
   • (k) be in breach of any contractual obligation owed to any person;
   • (l) depict violence in an explicit, graphic or gratuitous manner;
   • (m) be pornographic, lewd, suggestive or sexually explicit;
   • (n) be untrue, false, inaccurate or misleading;
   • (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
   • (p) constitute spam;
   • (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
   • (r) cause annoyance, inconvenience or needless anxiety to any person.

9. Limited warranties

1. We do not warrant or represent:
   • (a) the completeness or accuracy of the information published on our website or Application;
   • (b) that the material on the website or Application is up to date; or
   • (c) that the website or any service on the website or Application will remain available.
2. We reserve the right to discontinue or alter any or all of our services, and to stop publishing our website or Application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the website or Application.
3. To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website or Application and the use of our website or Application.

10. Limitations and exclusions of liability

1. Nothing in these terms and conditions will:
   • (a) limit or exclude any liability for death or personal injury resulting from negligence;
   • (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
   • (c) limit any liabilities in any way that is not permitted under applicable law; or
   • (d) exclude any liabilities that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
   • (a) are subject to Section 10.1; and
   • (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
3. To the extent that our website or Application and the information and services on our website or Application are provided free of charge, we will not be liable for any loss or damage of any nature.
4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or Application or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11. Breaches of these terms and conditions

1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
   • (a) send you one or more formal warnings;
   • (b) temporarily suspend your access to our website or Application;
   • (c) permanently prohibit you from accessing our website or Application;
   • (d) block computers using your IP address from accessing our website or Application;
   • (e) contact any or all of your internet service providers and request that they block your access to our website or Application;
   • (f) commence legal action against you, whether for breach of contract or otherwise; and/or
   • (g) suspend or delete your account on our website or Application.
2. Where we suspend or prohibit or block your access to our website or Application or a part of our website or Application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

12. Variation

1. We may revise these terms and conditions from time to time.
2. The revised terms and conditions shall apply to the use of our website or Application from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

13. Assignment

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

14. Severability

1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.˙77 

15. Third-party rights

1. A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

16. Entire agreement

17. Law and jurisdiction

1. These terms and conditions shall be governed by and construed in accordance with English law.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

18. Our details

1. This website is owned and operated by ViewSonic Corporation and/or its affiliate or subsidiary companies.
2. ViewSonic Europe Ltd is registered in England and Wales under registration number 03131161, and our registered office is at ViewSonic Europe Ltd., 1st Floor, Salamanca Place, 9 Albert Embankment, London SE1 7SP, United Kingdom.
3. Our principal place of business is at ViewSonic Europe Ltd., 1st Floor, Salamanca Place, 9 Albert Embankment, London SE1 7SP, United Kingdom.
4. You can contact us:
   • (a) by post, to the postal address given above;
   • (b) using our website contact form;
   • (c) by telephone, on the contact number published on our website