Privacy Policy

PRIVACY POLICY

INTRODUCTION:

ImerSm (“Company” or “we”) respects your privacy and is committed to protecting it. Please read this Privacy Policy carefully to understand how Company collects and uses your personal information and data. This Privacy Policy applies to all Personal Information that we receive from various sources, as outlined below. By using or accessing Company’s website(s) in any way, or by engaging in transactions with Company through any other means, you signify that you have read and understand this Privacy Policy  and you consent to our collection, use and disclosure of your information in the manner described herein. If you do not agree with this Privacy Policy, please do not use this website or transact business with Company. This Privacy Policy applies to all websites and locations where it is presented, including but not limited to in the footers of our websites.

For purposes of this Privacy Policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other information you may provide to us. Please recognize that your rights related to Personal Information, and how Personal Information is defined, differ somewhat from state to state and country to country.

Changes to Privacy Policy. We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page and may also provide notice of material changes to our Privacy Policy on our website home page. If you object to any changes to this Privacy Policy, you may close your account and discontinue use of our website and services. Each time you use any service of Company, you agree that the current version of this Privacy Policy applies.

PERSONAL INFORMATION THAT WE COLLECT:

In connection with our business, we collect and process the following categories of Personal Information of individuals:

  • Contact information, such as your name, mailing address, physical address, telephone, and email address)
  • Demographic Information, such as your age, gender, zip code, and country
  • IP Information, including information regarding your electronic device(s) and IP address
  • Subscription Information, including information regarding your use of our subscription service or other services.
  • Internet use information
  • regulatory information (to satisfy regulatory obligations such as tax and other reporting obligations).
  • Account Credentials, including your username, encrypted password, password hints, and information used for authentication and account access.
  • Profile Information, such as your interests, preferences, purchasing history, order numbers, items and quantities purchases, favorites
  • Communications Content, such as any messages you send to us such as feedback and questions to customer support, information you publicly post on our websites or other websites (such as product reviews or blog comments), and e-mail messages.

HOW WE COLLECT YOUR PERSONAL INFORMATION:

General. We collect Personal Information when you register an account with us, when you visit our website, when you purchase a license, use our services, participate in a feature of our website that requests or requires your Personal Information, and when you otherwise transact business with or communicate with Company.

Information Collected Automatically. When you visit our websites, information about your device hardware and software is automatically collected, including your IP address, browser type, domain name, access times, geographic location, referring website address and other technical information. For more information about how we collect this information through the use of cookies and related technologies, see Cookies & Related Technologies below.  

Information Collected From Third Parties. We use a variety of Third Parties to provide you with the websites and to provide services. From time to time, we may collect information about you from those Third Parties, including for fraud protection purposes, credit checks, address verification, account authentication and verification, and other related business and commercial purposes.

3rd party payment processor/e-commerce provider. Your payment card information, such as account numbers, is collected and processed via a third-party vendor that specializes in payment processing and has committed to PCI DSS compliance.

 Cookies and Other Tracking Technologies: Company uses tracking technologies such as cookies to collect information from your web browser through our servers or filtering systems when you visit our website(s). To find out more about cookies, including how to manage and delete cookies through browser settings, visit www.allaboutcookies.org. Some web browsers provide settings that allow a user to reject cookies or to alert a user when a cookie is placed on the user’s computer, tablet or mobile device. Most mobile devices also offer settings to reject mobile device identifiers. Although users are not required to accept cookies or mobile device identifiers, blocking or rejecting them may prevent access to some features available through the websites. In addition to adjusting your browser and device settings, as outlined above, you may also control how cookies and related technologies are set and used on your device by visiting the following sites:

Beacons. Our websites, and some of our e-mail communications, may from time to time contain small electronic files known as beacons (also known as web beacons, clear GIFs, pixel tags, single-pixel GIFS) that permit us, for example, to count users who have visited those pages or opened an email communication, and for other related statistical analysis. Beacons in email marketing campaigns allow us to track your responses and your interests in our content, offerings, and websites. You may use the tools in your device to disable these technologies as well.

Do Not Track. Our websites may, from time to time, collect information about your online activities, overtime time and across our websites. Third parties may also collect information about your online activities, over time and across different internet websites, online or cloud computing services, online applications, or mobile applications. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our websites do not currently change the way they operate based upon detection of a “Do Not Track” or similar signal.

HOW WE USE YOUR PERSONAL INFORMATION:

We may use and process Personal Information for any purpose that is permitted under applicable data protection laws in accordance with this Privacy Policy. “Processing” of Personal Information includes collecting, recording, organizing, structuring, storing, altering or modifying, retrieving, transmitting, disclosing or otherwise making available to third parties, deleting, and otherwise using or dealing with your Personal Information. We may process your Personal Information with or without automatic means.

These purposes include:

  • Our business purposes. Including issuing licenses to our various media and software products; addressing customer service issues; processing payments; collecting debts; planning and conducting marketing activities, tradeshows,  trials, consultations, seminars, webinars, and demonstrations; responding to inquiries; conducting web analytics, security monitoring, and business operations and administration; and addressing tax and other regulatory requirements.
  • Purposes related to our media products cloud-based software. Including licensing and operation of the software; remote management; education and information services; training; webinars; communication; customer service; system monitoring and data security. We use Personal Information to enable use of software features and related services, including through use of third-party service providers. We also use Personal Information to communicate with our users to inform them of software updates and enhancements, educational information, available software features and modules, and other information that may helpful or informative for our users.
  • Marketing. Company sends users marketing communications to inform them of new products, services, promotions, or other special events or offers that might be of interest to them, which may include information about products and services of companies that we partner with (“Special Offers”). When you register for one of our products or services, you consent to receiving communications about Special Offers. In connection with Special Offers, we may ask for contact information or other Personal Information. If you would like to stop receiving information about Special Offers from Company, please see the “YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION” section of this Privacy Policy below.
  • For the Protection of Company and Others. If Company, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, or in any other way in violation of law. Simply, if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy and we may use and disclose any and all information for the protection of Company and others.
  • Pursuant to Law, Rule or Regulation. If required or permitted to do so by law or if, in good faith, Company believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend Company’s rights and property or prevent fraud; (3) protect Company against abuse, misuse or unauthorized use of Company’s products or services; (4) protect the personal safety or property of our personnel, users of our website or the public; and/or (5) comply with tax reporting requirements, then Company may use and disclose any and all information as needed. The servers that serve our website automatically identify a computer by its IP address.
  • Aggregated and de-identified data. We may anonymize data to create statistical data or system usage data, by removing all personal identifiers and/or aggregating your data with other’s data so that it is not identifiable as to any particular person. Such de-identified data may be retained and used by Company to improve its products and services and for other proper purposes, provided that such retention and use is permitted by applicable laws.

Legal basis. We base our processing of Personal Information on the need to perform our contractual obligations under our license agreements and our legitimate activities as a provider of media, software and related services. We also process Personal Information to comply with applicable law and to exercise our legal rights. We may also use your Personal Information for internal purposes, including auditing, data analysis, system troubleshooting, and research. In these cases, we base our processing on legitimate interests in performing the activities of the organization.

HOW WE SHARE OR DISCLOSE YOUR PERSONAL INFORMATION:

No sale of Personal Information. We never sell or rent Personal Information to third parties.

Disclosures of Personal Information. Depending on the circumstances, we may share your information in the following circumstances:

  • With Your Consent. We may disclose, share, or make available your information with your consent, which may be obtained in writing, online, through “click-wrap” agreements, when you accept our terms for our websites, orally (including over the telephone), or by other means such as communications through our various social media channels.
  • With Service Providers & Business Partners. We may disclose, share, or make available your information with our third-party service providers, business partners, and other third parties, such as credit / debit card processing partners, partners that facilitate billing, and customer service, third-party auditors and law firms, marketing and advertising networks (including those that provide ad measurement services), internet service providers, data analytics providers, companies that help debug and identify and repair errors that may impair the functionality of our websites, and third parties that help protect against malicious, deceptive, fraudulent, or illegal activity.
  • In A Business Transfer. We may disclose, share, or make available your information as part of a business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of company assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which such information could be transferred to third parties as a business asset in the transaction.
  • For Legal Process & Protection. We may disclose, share, or make available your information to satisfy any law, regulation, legal process, governmental request, or where we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (1) enforce or apply agreements, or initiate, render, or bill for use of the websites; (2) protect our rights or interests, property or safety or that of others; (3) in connection with claims, disputes, or litigation – in court or elsewhere; (4) protect users of our websites and other carriers, providers, or partners from fraudulent, abusive, unlawful, or otherwise improper use of our websites; (5) facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government.
  • Aggregated and De-identified Data. We reserve the right to disclose aggregated user statistics as well as non-personally identifiable information (such as anonymous usage data), in order to describe our services to prospective partners, licensees, advertisers, and other third parties.

STORAGE AND PROTECTION OF PERSONAL INFORMATION:

Although no system or website can guarantee the complete security of your information, we take commercially reasonable steps to ensure your information is protected in accordance with all applicable laws and regulations, as appropriate to the sensitivity of your information. However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients and Company will not be responsible for any breach of security unless this breach is due to its negligence. Although we are committed to employing reasonable technology in order to protect the security of our website, even with the best technology, no website is 100% secure. In transacting business with us through our website, you assume the risk inherent in transacting business online.

We may store Personal Information that we have collected (through the means described above) on our premises and in our information system at our facilities, in third party data centers, in the systems of third party service providers, and in cloud storage solutions. Company is located in the United States. If Company transfers Personal Information from one country to another, we will ensure that the information is transferred in accordance with this Privacy Policy, and as permitted by applicable data protection laws.

Company stores all information in state of the art cloud storage. In doing so, Company uses appropriate physical, organizational and technological measures to protect the Personal Information you provide to us against loss or theft, and unauthorized access, disclosure, copying, use, or modification. This includes limiting access on a “need-to-know” basis. Where third parties are used to host our products, we use third parties who meet required privacy and security standards.

To offer our website, products and services to you, Company relies on plugins and services from third parties such as internet service providers, email service providers and plugins, Customer Relationship Management (CRM) systems, credit card processors, and third party data storage. To the extent these providers have access to your Personal Information, we will require that they are legally or contractually committed to comply with applicable privacy laws, In the case of credit card processors, we require that they be PCI DSS-compliant. However, we cannot guarantee with certainty that the computer systems and storage systems whereon these services are offered will not be accessed by unauthorized parties. This is a risk inherent in providing any information or, or conducting any business, online. In transacting business with us through our website, you assume the risk inherent in transacting business online.

RETENTION OF PERSONAL INFORMATION:

We keep your information for as long as necessary in accordance with the purposes for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your information, we will do so in a way that is commercially reasonable taking into account the sensitivity of the information.

Company reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws. With respect to any Personal Information collected by us for marketing or for our own internal purposes, we will retain that data for a reasonable time in order to fulfill those purposes.

We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Information is only stored and archived in alignment with our retention policy.

YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION:

General. If you wish to opt out from any of the uses of Personal Information that are specified in this Privacy Policy, except in the case of legal proceedings or where your data is required for tax and transactional purposes, please contact us as described in the “COMPANY’S CONTACT INFORMATION” section below. Please note that your subsequent disclosure of Personal Information to us may override prior opt-out requests. Company does not discriminate against those who opt out. However, opting out may prevent us from conveniently and efficiently providing further product support services and information to you.

Unsubscribing to Marketing Communications: In particular, if we are sending you email communications of a marketing nature, an ‘unsubscribe’ option is provided in the footer of every email. You may also contact us directly to unsubscribe to marketing emails or other marketing communications, at the contact information set forth in the “COMPANY’S CONTACT INFORMATION” section below. If you have agreed to receive marketing communications, you may always opt out at a later date.

PRIVACY POLICIES OF OTHER WEBSITES:

Our websites, from time to time, may contain links to third-party websites and services. Please note that these links are provided for your convenience and information, and may operate independently from us and have their own privacy policies and/or notices. You are strongly encouraged to review such policies or notices. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on other websites, even if one or more pages of the other websites are framed within, or linked to, a page of our websites.

MINORS:

We do not actively collect or otherwise process Personal Information from minors. The age of a minor varies by jurisdiction. For purposes of the Children’s Online Privacy Protection Act (COPPA) in the U.S., the age of a minor protected by such law is under age thirteen (13).

California Minors. California residents under age 18 (“California Minors”) have additional privacy rights under California law. A California Minor has the right to either remove content or information posted by such user, or, if removal of such information by the user himself or herself is not enabled or possible, the user may request and obtain removal of such content or information. To have any content or information provided by a California Minor removed by us, contact our Data Privacy Officer at the contact information provided below. This removal does not ensure complete or comprehensive removal of any such content or information posted.

COMPANY’S CONTACT INFORMATION:

If you have any questions about this privacy policy or your Personal Information that we hold, would like to cease receiving marketing materials from us, have any complaints, or would like to exercise any of your other rights related to your Personal Information, please contact us:

Company name: ImerSm

Contact: Compliance Department

Address: 
9265 S. Highland Dr. STE 900392
Sandy, UT 84093
E-mail:  compliance@imersm.com

If you wish to report a complaint or if you feel that Company has not addressed your concerns in a satisfactory manner, you may also contact your state or local data protection authority.

Last Updated and Effective as of: July 2022