Privacy Policy

PRIVACY POLICY

Last updated: July 13th, 2021

OVERVIEW

We at Implus Footcare, LLC (referred to herein as, “Implus”, “we”, “us” or “our”) respect your privacy and take your privacy seriously. This privacy policy (“Privacy Policy”) describes what information we collect about you, including how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information.

This Privacy Policy applies to information collected on our Website(s) and any current or future mobile application associated with these Websites, and other offerings that we control that post a link to this Privacy Policy, or any associated content, material, or service contained on the Website or mobile application (collectively, the “Services” and, together with the Website and the mobile application, the “System”).

WHAT INFORMATION DO WE COLLECT?

Implus collects information about you from a variety of sources, including information that you provide directly to us when you contact us, sign-up for a customer account, and purchase products from us through the Website, and information that we automatically collect about you when you access and use the Website.

Information You Provide Us. To manage and provide the System and to market our products, if you sign-up for a customer account, purchase products, or contact us through the Website, we and/or our service providers collect the requested information that you provide including your name, order information, email, phone number, address, and payment information.

Information Collected Automatically. We collect information automatically from you when you visit and use the Website. Such information includes the following:

Usage information. We collect information about how you interact with the Website to operate and improve the Website. This includes information such as the dates and times that you visit the Website, the page you view, referring / exit URLs, and your browser type. In some cases, we collect this information through cookies and similar technologies. To learn more about these technologies, please see the Cookies section below.

Device Information. To manage the Website, we collect information about the devices you use to access the Website, including your device model, IP address, inferred geolocation information, operating system, and unique device identifiers.

Transaction Information. We collect other transaction details related to your purchases through the Website.

COOKIES

By placing a small file known as a "cookie" on your device, Implus’s and its third party providers’ servers passively gather information about all visitors' use of the System for the following purposes: statistics collection and analysis, System optimization, analytics, market research, and maintenance of user login information. The information that we and our third party providers track with cookies includes, but is not limited to, the type of browser (such as Google Chrome or Internet Explorer) and Internet-connected devices being used to access the System, your Internet protocol (“IP”) address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the System), how you were directed to the System, which specific pages you access on the System, how long you view each page, the time and date you access our System and the total number of visitors to the System and any portions thereof. We, and/or our third party providers, may use the information collected from cookies or similar files on your computer for security purposes (such as authentication), to facilitate site navigation and to personalize your experience while visiting the System. This data helps us and our third party providers improve our respective product and services.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

Cookie Name	Cookie Description
FORM_KEY	Stores randomly generated key used to prevent forged requests.
PHPSESSID	Your session ID on the server.
GUEST-VIEW	Allows guests to view and edit their orders.
PERSISTENT_SHOPPING_CART	A link to information about your cart and viewing history, if you have asked for this.
STF	Information on products you have emailed to friends.
STORE	The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE	Indicates whether a customer allowed to use cookies.
MAGE-CACHE-SESSID	Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE	Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE-SECTION-INVALIDATION	Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-TIMEOUT	Facilitates caching of content on the browser to make pages load faster.
SECTION-DATA-IDS	Facilitates caching of content on the browser to make pages load faster.
PRIVATE_CONTENT_VERSION	Facilitates caching of content on the browser to make pages load faster.
X-MAGENTO-VARY	Facilitates caching of content on the server to make pages load faster.
MAGE-TRANSLATION-FILE-VERSION	Facilitates translation of content to other languages.
MAGE-TRANSLATION-STORAGE	Facilitates translation of content to other languages.

GOOGLE ANALYTICS

The System may use Google Analytics, a web analysis service provided by Google, in order to better understand your use of our System and how we can improve it. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google services. To more fully understand how Google may use the data it collects on the Website, please review “How Google uses data when you use our partners' sites or apps,” (located here).

CORRESPONDENCE

We appreciate your questions and comments about the System and Services and welcome your messages at privacy@4implus.com. If you correspond with Implus through the System or via email, the personal information that we collect may include the content of, and metadata regarding, any correspondence that you may have with us. We may share your messages with those within our organization who are most capable of addressing the issues contained in your message. We may retain your message.

HOW DO WE USE THE INFORMATION THAT WE COLLECT?

Implus and our third party service providers collect and use the personal information to operate the System and deliver the Services, including to provide certain services and improve the user experience, address System integrity or security issues, and conduct research and analysis to maintain, protect, develop, and improve the System.

We may also use your personal information to send you promotional materials, whether through email or through the System, regarding Implus, products that we think might interest you, or any third party entity or individual affiliated with individual members of Implus.

Additionally, we may retain and use certain personal information to facilitate and otherwise address certain inquiries or requests regarding the Services or the System, or respond to your questions or requests for information about or from Implus. We may also use personal information as necessary to ensure compliance with any Implus policies and any applicable law, regulation or order.

In addition to the above uses, Implus will also use your personal information if:

you expressly authorize Implus to do so,
it is necessary to allow Implus’s service providers, agents, or other third parties to provide products or services for or to Implus,
we may integrate your personal information with our affiliates’ tools and databases and such affiliates may use your personal information to offer you products and services and for other marketing purposes,
for developing analytics regarding how users interact with the System and our users’ commercial tendencies,
Implus is sending you other information that may be useful to you,
subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on Implus’s behalf,
it is necessary to protect the confidentiality or security of your records,
it is necessary in connection with other business purposes including, without limitation, verifying identity, age, and/or payment details, investigating complaints about the System, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution, or
it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, to exercise or enforce our legal rights, for your protection or in connection with an investigation or prosecution of possible unlawful activity.

In addition to the uses mentioned or described elsewhere in this Privacy Policy, we may add your personal information to our databases.

WITH WHOM DO WE SHARE INFORMATION THAT WE COLLECT?

We engage service providers who may collect or receive your personal information on our behalf. Overall, the categories of recipients to which we transfer personal information, or who collect personal information on our behalf, for our business purposes include payment processors, hosting platforms, web tracking providers, data analytics providers, marketing consultants, tax processing service providers, common carriers, and package tracking services. We disclose the following categories of personal information for our business purposes: name, order information, email, phone number, address, payment information, usage information, transaction information, and device information.

These service providers will only have access to the information needed to perform these limited functions on our behalf and are typically prohibited from using the information for other purposes except as permitted by law, such as for fraud detection and maintaining their services, or upon your consent.

We do not sell, rent, or lease our user lists or the identity of individual users to third parties.

We may also disclose personal information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose personal information to establish or exercise our legal rights, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the well-being of any person.

As Implus grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. In any such transactions, personal information generally is, and should be expected to be, one of the transferred business assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, your information may be considered a company asset that may be sold or transferred to third parties.

JOB APPLICANTS

Any personal information you provide us when applying for a career position with Implus will be used solely to consider and act upon your application. We may retain your personal information for a period of time, but only for as long as necessary for such purposes. We may disclose your personal information to our agents for the purpose of evaluating your qualifications for the particular position you applied for, or other available positions. We may also disclose your personal information to third parties hired by us to collect, maintain, and analyze candidates for career positions.

WHAT CHOICES DO YOU HAVE?

When submitting information, corresponding, making requests for information, and otherwise interacting with Implus and its representatives through or in connection with the System, you generally choose what information to supply or submit, whether you wish to receive further information, and how you may be contacted. Please take care to share only such information as is needed or that you believe is appropriate. Any promotional email we send to you will contain a link which will allow you to opt-out of receiving any further correspondence.

HOW CAN I OPT-OUT OF PROMOTIONAL CORRESPONDENCE?

We may send you emails with promotional offers. If you would no longer like to receive information, newsletters or other promotional messages from us, please click the link at the bottom of any such email you receive from us and follow the instructions, or alternatively you may contact us at privacy@4implus.com with the word “UNSUBSCRIBE” or “REMOVE” in the subject line. Your email address will be removed from our marketing list. Please allow us a reasonable period of time to satisfy your request, as some promotions may already be in process.

HOW DO WE PROTECT INFORMATION COLLECTED BY YOU?

Implus takes commercially reasonable measures to secure and protect information transmitted via or stored on the System. Nevertheless, no security system is impenetrable. We cannot guarantee that information that users of the System may happen to transmit or otherwise supply will be totally secure.

USER-PROVIDED CONTENT

Any information, communications, or material of any type or nature that you submit to the Website or any mobile application by email, posting reviews, messaging, or otherwise (collectively, a “Submission”) is done at your own risk. We cannot control the actions of other users of the System and we are therefore not responsible for any Submissions contained on the Website.

Additionally, in the event that we offer a message board or any other interactive or social-type feature on the Website, please be aware that these areas may allow you to post, and share with other users, certain messages, content, or other information. We encourage you to be wary of giving out any personal information, or any personal information of others to which you may have access, in such forums. The information you post can be collected and used by other people.

CHILDREN

The System is intended for a general audience and is not intended for use or view by children under 13 years of age.

VISITING THE SYSTEM FROM OUTSIDE THE UNITED STATES

If you are visiting the System, or any part thereof, from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy.

CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

This portion of our Privacy Policy advises California residents of rights provided in the California Consumer Privacy Act (the “CCPA”) and how California residents may exercise those rights. The CCPA currently exempts personal information reflecting a written or verbal business-to-business communication (“B2B Personal Information”) from certain of the law’s requirements, and also currently exempts personal information collected and used about a natural person acting as a business’s employee or contractor (“Personnel Information”). The rights described below may not apply to B2B Personal Information or Personnel Information.

If you are a California resident, you may request certain information from or certain action by us, such as exercising the access and deletion rights described below, or you may authorize an agent to make such a request on your behalf. We will seek to verify your identity and your agent’s authority when we receive an individual rights request from you or on your behalf to ensure the security of your personal information, and may need to collect additional personal information to do so.

Please direct any such rights requests (as further described below) or additional questions that you may have regarding this Privacy Policy to: privacy@4implus.com.

California residents have the right to request the deletion of personal information, but we may not delete some or all personal information, as required or permitted by applicable law, such as if the requested information is necessary to:

Complete your transaction;
Provide you with a good or service;
Perform a contract between us and you;
Protect your security and prosecute those responsible for breaching it;
Fix our Services in the case of a bug;
Protect the free speech rights of you or other users;
Protect the free speech rights of you or other users;
Comply with a legal obligation; or
Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

If you are a California resident, you may also request to receive details about how we collect, use, and share your personal information. You may also request to receive the specific pieces of personal information that we have collected about you.

If a business sells personal information, you have a right to opt-out of that sale. We do not, and do not intend to, sell the personal information of California residents and, furthermore, do not have actual knowledge that we sell the personal information of consumers under 16 years old.

Businesses may not, and we do not, discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above.

OTHER DATA PROTECTION RIGHTS

Depending on the country in which you reside, and subject to applicable data protection laws, you may have the following data protection rights: To access; correct; update; port; delete; restrict; or object to our processing of your personal information. We respond to requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. Please send such requests to privacy@4implus.com. We may ask you to verify your identity in order to help us respond efficiently to your request.

DO NOT TRACK REQUESTS

Certain state laws require that we indicate whether we honor “Do Not Track” settings in your browser. We take commercially reasonable efforts to respond to “Do not Track” requests.

CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy at any time and from time to time. The most recent version of the Privacy Policy is reflected by the version date located at the top of this Privacy Policy. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website.

WHOM CAN YOU CONTACT FOR MORE INFORMATION?

If you have any questions or suggestions about the System, Implus, or our privacy practices, please contact us at privacy@4implus.com.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”) AND THE UNITED KINGDOM

This portion of our Privacy Policy applies to our customers in the EEA and the United Kingdom only and applies to the extent of any inconsistency with the information above. All terms not otherwise defined in this section shall have the meanings as defined under applicable data protection laws.

Consent. We will make it clear if we rely on your consent to process your personal data and you are free to withdraw your consent at any time. If you wish to do so, please contact us at privacy@4implus.com.

Legitimate Interest. Another reason we might use your personal data is because we have—or a third party has—a legitimate interest in doing so. We do so when responding to your inquiries about our products and services; to provide services and technical support to you; and to enable internal administrative processes, such as account administration.

Retention Period. When we no longer need to process your personal data for the purposes described in this Privacy Policy, we will delete your personal data from our systems. We therefore generally retain information when we have an ongoing legitimate business need for the information and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Providing Your Data. One reason we might use your personal data is because you’ve inquired into entering into a contract with us or you’ve entered into a contract with us and we need to provide services under that contract. We may not be able to fulfill that contract if you choose not to provide us with your personal data.

Purpose of Processing. When we process your personal data, we determine the purpose of the processing and act as a controller. We will primarily process personal data from the EEA and the United Kingdom to offer our products services, process payments, and to provide prospective customers with information about our products, in addition to other purposes set out in this Privacy Policy.

Automated Decision Making. We do not engage in any automated decision making as a part of our Services.

Your Right to Rectification. We want our records to be as accurate as possible, so please advise us of any errors and we will make corrections accordingly. Although a difference of opinion or view does not necessarily mean that personal data is inaccurate. If you have a difference of opinion, we will do our best to add that opinion to our records.

Erasure and your “Right to be Forgotten”. Please contact us at privacy@4implus.com if you want us to delete your personal data. We will do our best to honor your request, but we may have an obligation to keep records for audit and legal purposes. We may also be able to “Restrict Processing” or delete specific information or a document, which we will do without undue delay, for example, where it has been sent to us in error.

Your Right to Object to Processing. In certain circumstances, you have the right to object to our use of your personal data, such as if we are using your personal data for direct marketing; for our or a third party’s legitimate interests or the public’s interest; or for scientific or historical research and statistics. Please contact us at privacy@4implus.com if you would like us to do so.

Right to Restrict Processing. Under some circumstances, you may request that we limit how we use your data or “Restrict Processing.” Simply a difference of opinion or view does not necessarily justify a restriction, but we will always consider your opinion. We will always inform you before we lift any restriction.

Your Right to Access Data. You have a right to receive a copy of your personal data from us. If you would like to do so, please contact us at privacy@4implus.com and we will advise you of the next steps as soon as possible, and in no more than one month.

Right to Data Portability. At your request, we are happy to provide your personal data in a machine-readable or “portable” format so you can move it or store it wherever you want, subject to certain limitations. We can also send it to another controller where technically feasible. If you would like to do so, please contact us at privacy@4implus.com and we will advise you of the next steps.

Right to Complain. If you have a complaint about how Implus uses your personal data, we hope that in the first instance you will contact us and we will promptly address your concern. However, you can always file a complaint with the supervisory authority in your jurisdiction. For more information, please contact your local data protection authority (contact details for data protection authorities in the EEA are available at https://edpb.europa.eu/about-edpb/board/members_en; and contact details for the data protection authority in the UK are available at https://ico.org.uk/.

Charges/Fees. We do not charge you a fee for exercising any of your rights described above.

Contact Information. Please direct any rights requests (as described above) or additional questions that you may have regarding this Privacy Policy to privacy@4implus.com.

RESIDENTS OF AUSTRALIA

This portion of our Privacy Policy applies to our Australian customers only and, applies to the extent of any inconsistency with the information above.

This section explains how we handle personal information relating to individuals who are Australian customers, so as to ensure we meet any obligations under the Australian Privacy Act. In this section, "personal information", is defined in the Australian Privacy Act, and means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, or recorded in a material form or not. Personal information includes a person's name, address, contact details, date of birth, gender, sexuality and race.

By electing to acquire our Services, you will be deemed to consent to us using your personal information in a manner consistent with this Privacy Policy, including monitoring your use of our Website.

We retain the personal information that we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with the Services you requested or to comply with an applicable legal requirement).

Direct Marketing. We will not use or disclose personal information for the purposes of direct marketing to you unless:

(a) you have consented to receive direct marketing materials; or (b) you would reasonably expect us to use your personal details for this purpose; or (c) we believe you may be interested in the material but it is impractical for us to obtain your consent.

In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.

Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information. This form of communication is not regarded as "direct marketing" under the Australian Privacy Act.

Overseas Disclosure. Personal information may be sent outside of Australia to our related bodies corporate, as permitted by the Australian Privacy Act, which are located in the United States of America. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach our privacy obligations relating to your personal information. However, you should note that United States jurisdictions may not offer the same level of statutory privacy protection for personal information as Australia does. By providing your personal information to us, you consent to our disclosure of your personal information to these entities.

Access, Correction and Further Information. We will take such steps as are reasonable to ensure that the personal information which we collect remains accurate, up to date and complete.

You may request access to any personal information we hold about you at any time by contacting us (see the details below). Upon such request we will endeavor to provide you with access to your personal information held by us unless we are permitted under the Australian Privacy Act to refuse to provide you with such access. Please contact us via the details below if you:

(a) wish to have access to the personal information which we hold about you; (b) consider that the personal information which we hold about you is not accurate, complete or up to date; or (c) require further information on our personal information handling practices.

There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs in actually providing you with access.

If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Australian Privacy Act, to correct that information if you so request.

We will respond to all requests for access and/or correction within a reasonable time.

Complaints. If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should advise us via the above contact details.

If you remain unsatisfied with the way in which we have handled a privacy issue, we suggest you approach an independent advisor or contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available. We will provide our full cooperation in the event that you elect to pursue this course of action.

Privacy Policy

Last updated: April 5, 2024

OVERVIEW

We at Implus and our affiliates (collectively referred to herein as, “Implus”, “we”, “us” or “our”) respect your privacy and take your privacy seriously. This privacy policy (“Privacy Policy”) describes what information we collect about you, including how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information.

This Privacy Policy applies to information collected on any Implus website or other digital property that links to this Privacy Policy (“Website”), any current or future mobile application(s) associated with the Website, products associated with any current of future mobile application(s) (“Connected Products”), and other offerings that we control that post a link to this Privacy Policy, or any associated content, material, or service contained on the Website or mobile application (collectively, the “Services” and, together with the Website and the mobile application, the “System”).

WHAT INFORMATION DO WE COLLECT?

Implus and our service providers collect information about you from a variety of sources, including information that you provide directly to us when you contact us, sign-up for a customer account, and purchase products from us through the Website, and information that we automatically collect about you when you access and use the System.

When you purchase one of our Connected Products we may collect certain information when you use of that product in order to provide the Services to you including information about your run speed, agility and reaction time, distance, type of movement performed, and vertical jump height.

Information Collected Automatically. We collect information automatically from you when you visit and use the System. Such information includes the following:

· Usage information. We collect information about how you interact with the Website to operate and improve the Website. This includes information such as the dates and times that you visit the Website, the page you view, referring / exit URLs, and your browser type. In some cases, we collect this information through cookies and similar technologies. To learn more about these technologies, please see the Cookies section below.

· Device Information. To manage the System, we collect information about the devices you use to access the System, including your device model, IP address, inferred geolocation information, operating system, and unique device identifiers.

· Transaction Information. We collect other transaction details related to your purchases through the Website.

COOKIES AND OTHER TRACKING TECHNOLOGIES

By placing a small file known as a “cookie” on your device, Implus’s and its third-party providers’ servers passively gather information about all visitors’ use of the System for the following purposes: statistics collection and analysis, System optimization, analytics, market research, and maintenance of user login information. We also use tracking technologies such as beacons, tags, and scripts to collect and track information and to improve and analyze our Services, and the way in which we market our products to you. The information that we and our third party providers track with cookies includes, but is not limited to, the type of browser (such as Google Chrome or Internet Explorer) and Internet-connected devices being used to access the System, your Internet protocol (“IP”) address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the System), how you were directed to the System, which specific pages you access on the System, how long you view each page, the time and date you access our System and the total number of visitors to the System and any portions thereof. We, and/or our third-party providers, may use the information collected from cookies or similar files on your computer for security purposes (such as authentication), to facilitate site navigation and to personalize your experience while visiting the System. This data helps us and our third-party providers improve our respective product and services.

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly or more slowly. We also utilize a software development kit (also known as an SDK), which allows us to track activity on the System, including custom events and what you view in the System.

GOOGLE ANALYTICS

The System may use Google Analytics, a web analysis service provided by Google, to better understand your use of our System and how we can improve it. Google Analytics collects information such as how often users visit a website, what pages you visit when you do so, and what other websites you used prior to coming to such website. Google Analytics collects only the IP address assigned to you on the date you visit a website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit a website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google services. To more fully understand how Google may use the data it collects on the Website, please review “How Google uses data when you use our partners’ sites or apps,” (located here).

CORRESPONDENCE

HOW DO WE USE THE INFORMATION THAT WE COLLECT?

Implus and our third-party service providers collect and use the personal information to operate the System and deliver the Services, including to provide certain services and improve the user experience, address System integrity or security issues, and conduct research and analysis to maintain, protect, develop, and improve the System.

We may also use your personal information to send you promotional materials, whether through email or through the System, regarding Implus, products that we think might interest you, or any third-party entity or individual affiliated with individual members of Implus.

In addition to the above uses, Implus will also use your personal information if:

1. you expressly authorize Implus to do so,
2. it is necessary to allow Implus’s service providers, agents, or other third parties to provide products or services for or to Implus,
3. we may integrate your personal information with our affiliates’ tools and databases and such affiliates may use your personal information to offer you products and services and for other marketing purposes,
4. for developing analytics regarding how users interact with the System and our users’ commercial tendencies,
5. Implus is sending you other information that may be useful to you,
6. subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on Implus’s behalf,
7. it is necessary to protect the confidentiality or security of your records,
8. it is necessary in connection with other business purposes including, without limitation, verifying identity, age, and/or payment details, investigating complaints about the System, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends and dispute resolution, or
9.it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, to exercise or enforce our legal rights, for your protection or in connection with an investigation or prosecution of possible unlawful activity.

In addition to the uses mentioned or described elsewhere in this Privacy Policy, we may add your personal information to our databases.

WITH WHOM DO WE SHARE INFORMATION THAT WE COLLECT?

We engage service providers who may collect or receive your personal information on our behalf. Overall, the categories of recipients to which we transfer personal information, or who collect personal information on our behalf, for our business purposes include payment processors, hosting platforms, developers, web tracking providers, data analytics providers, marketing consultants, tax processing service providers, common carriers, and package tracking services. We disclose the following categories of personal information for our business purposes: name, order information, email, phone number, address, payment information, usage information, transaction information, and device information.

WHAT CHOICES AND RIGHTS DO YOU HAVE?

Depending on where you reside, you may have certain rights under applicable data privacy law. These may include the:

Right to access or know: You may have the right to know what personal data we process about you.
Right to delete or erase: You may have the right to delete your personal data in certain circumstances.
Right to correct/rectify/update: You may have the right to correct personal data that we hold about you.
Right to data portability: You may have the right to receive your personal data in a machine-readable or portable format.
Right to restrict processing: Under some circumstances, you may request to restrict our use of your personal data.
Right to withdraw consent: If your personal data is processed by us on the legal basis of consent, you may withdraw your consent. Withdrawing your consent will not affect the lawfulness of processing we conducted prior to such withdrawal, nor will it affect the processing of your personal data conducted in reliance of a legal basis other than consent.
Right to lodge a complaint: If you have a complaint about how we use your personal data, we hope that you will contact us according to the below. However, you can always file a complaint with the data protection authority in your jurisdiction. For more information, please contact your local data protection authority (contact details for data protection authorities in the EEA are available at https://edpb.europa.eu/about-edpb/board/members_en. Contact details for the data protection authority in the UK is available at https://ico.org.uk/.

If you would like to exercise any of these rights, please send us an email at privacy@4implus.com. Please note that we may require additional information from you to verify your request or that you are authorized to act on the behalf of another, which may consist of identifiers or service history already known to or collected by us.

Implus is the “controller” responsible for the personal data we process. We do not engage in automatic decision-making.

We process the personal data we collect for the following lawful bases: data processed to provide, market and improve the Services including contact and order information (such as name, order details, email, phone number, address, and payment information) is processed on the basis of Performance of a contract, our legitimate interests, and consent (as applicable); information collected via cookies and other tracking technologies (such as IP address, is processed on the basis of consent or our legitimate interests (as applicable); data processed for purposes of complying with our legal or regulatory obligations is processed on the basis of compliance with our legal obligations, performance of a contract, and our legitimate interests (as applicable).

HOW CAN I OPT-OUT OF PROMOTIONAL CORRESPONDENCE?

HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?

LINKED WEBSITES

For your convenience, some hyperlinks may be posted on the System that link to other websites not under our control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those websites or pages not under our control or of any companies that we do not own or control. We do not endorse any of those websites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages.

USER-PROVIDED CONTENT

Any information, communications, or material of any type or nature that you submit to the Website or any mobile application by email, posting reviews, messaging, or otherwise is done at your own risk and without any expectation of privacy, except as expressly set forth in this Privacy Policy.

SOCIAL MEDIA PLATFORMS

Any information, communications, or material that you submit to any pages associated with us on social media platforms is done at your own risk and without any expectation of privacy. All such submissions are subject to the privacy policy and terms of use of such social media platform.

DATA RETENTION

We will retain your Personal Data for as long as necessary to comply with your request, to comply with any legal requirement, and for a long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies. We may also keep your Personal Data on our archive systems in accordance with our backup and disaster recovery policies and procedures. We may retain data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable.

CHILDREN

The System is intended for a general audience and is not intended for use or view by children under 16 years of age.

VISITING THE SYSTEM FROM OUTSIDE THE UNITED STATES

CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

This portion of our Privacy Policy advises California residents of rights provided in the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, along with any implementing regulations (the “CCPA”) and how to exercise those rights. Please note, we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your Personal Information. All terms not otherwise defined in this portion shall have the meanings as defined under the CCPA, along with any implementing regulations.

Categories of Personal Data Collected About Consumers. In the 12-month period before the effective date of this Privacy Policy, we collected certain categories of Personal Information about you. These categories are identified and described below::

· Identifiers, such as real name, postal address, unique personal identifier, online identifier, internet protocol address, e-mail address, or other similar identifiers;

· Additional personal information described in Cal. Civ. Code Section 1798.80, such as telephone number, credit or debit card number, or other financial information employment, and employment history;

· Commercial information, such as transaction and billing data;

· Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement; and

· Geolocation data.

Categories of Sources from Which Personal Data is Collected. Implus may have collected Personal Data from you from the following categories of sources:

· Directly from you;

· From your devices

· Other companies, such as our Service Providers and Vendors;

· Data analytics providers; and

· Other available sources, such as public records.

Business or Commercial Purposes for Collecting Personal Data from Consumers. We may have collected Personal Information about you for the following business or commercial purposes:

· To communicate with you about your use of our Services. This may include promotional offers, updates on our offerings, legal notices, important account information, and other items that may be relevant to you as a user of our Services.

· We may disclose your Personal Information with affiliated businesses. This allows them to market or advertise products or services to you through our Services.

· To analyze how users are using our Services so that we can make improvements and provide you with an optimal experience.

· To allow our agents to perform tasks on our behalf to provide products and services to you.

· As part of a business transaction where Personal Information might be a business asset transferred to or acquired by a third party.

· To comply with the law or a court order, to enforce or apply our conditions of use and other agreements, to protect the rights, property, or safety of the Company and our employees and users. This may include exchanging information for fraud protection and credit risk reduction.

Categories of Personal Data Disclosed to Third Partie; Sales and Shares. In the 12-month period before the effective date of this Privacy Policy, Implus may have shared website browsing activity to online analytics, targeted advertising and website customization providers. You have the right to opt out of this disclosure of your information, which may be considered a “sale” or “share” under California law. disclosed the categories of Personal Data listed in the “Categories of Personal Data Collected About Consumers” Section of this Privacy Policy to the categories of third parties listed in the “With Whom to we Share Personal Data” Section of this Privacy Policy for the business or commercial purposes listed in the “How We Use the Information We Collect” Section of this Privacy Policy. You may opt out of “sharing” or “selling” by setting a browser-level opt-out, the Global Privacy Control. You may learn how to set that signal by going to this website: https://globalprivacycontrol.org/. You may also opt-out by emailing privacy@4implus.com.As described above, we do not directly disclose your Personal Information with third parties for monetary consideration. Our “selling” or “sharing” is instead confined to the context of online tracking. We disclose your Personal Information for the same business or commercial purpose for which we collect it. Our collection practices are described above. We do not knowingly sell or share the Personal Information of minors under 16 years of age.

How Long Do We Retain Your Personal Information? We retain Personal Information about you for as long as reasonably necessary for the purposes described in this Privacy Policy or while we have a legitimate business need to do so in accordance with legal and additional compliance requirements. If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we use your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements. We may also retain some information in a deidentified or aggregated form.

CCPA Rights. If you are a California resident, you have certain rights regarding your Personal Data pursuant to the CCPA, subject to certain restrictions under applicable laws, including the following:

· Right to Deletion of Personal Information. California residents have the right to request the deletion of their Personal Information as prescribed in Section 1798.105(a) of the CCPA. We may not delete some or all requested Personal Information if we are required to retain it by applicable law or are permitted to retain it by applicable law.

· Right of Access: This is the right to request disclosure of Personal Information collection and sharing practices.

· Right to Know. You may request to receive details about how we collect, use, and share your Personal Information. You may request to receive the specific pieces of Personal Information that we have collected about you.

· Right to Correct Inaccurate Personal Information: The right to correct inaccurate Personal Information that we maintain about you.

· Right to Opt-Out of Sale or Share: The right to opt-out of the sale or sharing of your Personal Information by us.

· Right to Limit Disclosure of Sensitive Personal Information: If we use sensitive Personal Information at all, our use is confined to certain limited purposes, such as the following: (1) performing our service or providing goods, (2) detecting security incidents, (3) resisting malicious, deceptive, fraudulent, or illegal actions, (4) ensuring physical safety, (4) for short-term transient use, including certain non-personalized advertising, (5) maintaining or servicing accounts, providing customer service, verifying customer information, or providing similar services, and (6) verifying and maintaining the quality or safety of a service or product to improve, upgrade, or enhance a service or product. As such, your right to opt-out does not apply to our use of your sensitive information.

· Right to Not Receive Discriminatory Treatment: We do not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above. If we choose to offer a product enhancement or financial incentive that is contingent on you sharing Personal Information, we will ensure that the value provided to us by that collection is reasonably related to the value of the product enhancement or financial incentive.

How to Exercise Your CCPA Rights. If you are a California resident, you may request certain information from or certain action by us, such as exercising the access and deletion rights described below. Please direct any such rights requests (as further described below) or additional questions that you may have regarding this Privacy Policy to: privacy@4implus.com.

Verification: In order to protect your Personal Information from unauthorized access or deletion, we may require you to verify your login credentials before you can submit a request to know or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information for verification. If we cannot verify your identity, we will not provide or delete your Personal Information.

Authorized Agents. You may submit a request to know or a request to delete your Personal Information through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.

OTHER STATE-SPECIFIC PRIVACY RIGHTS

This portion of our Privacy Policy applies only to residents of the following states: Connecticut, Colorado, Nevada, Virginia, and Utah, and applies only to the extent of any inconsistency with the information above.

Categories and Sources of Personal Information Collected About You and Purpose for Processing

We collect and process certain categories of Personal Information about you. These categories are identified and described below:

· Identifiers such as real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.

· Other Identifying Information such as telephone number, credit or debit card number, or other financial information.

· Commercial information, such as transaction and billing data.

· Geolocation data. We collect and process these categories of Personal Information for the following purposes:

o To communicate with you about your use of our Services. This may include promotional offers, updates on our offerings, legal notices, important account information, and other items that may be relevant to you as a user of our Services.

o We may disclose your Personal Information with affiliated businesses. This allows them to market or advertise products or services to you through our Services.

o To analyze how users are using our Services so that we can make improvements and provide you with an optimal experience.

o To allow our agents to perform tasks on our behalf to provide products and services to you.

o As part of a business transaction where Personal Information might be a business asset transferred to or acquired by a third party.

o To comply with the law or a court order, to enforce or apply our conditions of use and other agreements, to protect the rights, property, or safety of the Company and our employees and users. This may include exchanging information for fraud protection and credit risk reduction.

Categories of Personal Information Disclosed to Third Parties. We may share website browsing activity to online analytics, targeted advertising and website customization providers. You have the right to opt out of this disclosure of your information. You may opt out by setting a browser-level opt-out, the Global Privacy Control. You may learn how to set that signal by going to this website: https://globalprivacycontrol.org/. You may also opt-out by emailing privacy@4implus.com. We do not knowingly sell or share the Personal Information of minors under 16 years of age.

Your Rights. If you are a resident of Connecticut, Colorado, Virginia, or Utah, you have the following rights regarding your Personal Information:

Right to Know and Access: The rights to confirm whether or not we are processing your Personal Information and to access such Personal Information.
Right to Correct: The right to correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes of the processing of such Personal Information.
Right to Delete: The right to delete Personal Information provided by or obtained about you.
Right to Obtain a Copy: The right to obtain a copy of your Personal Information that you previously provided to us in a portable and to the extent technically feasible, readily useable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
Right to Opt-Out: The right to opt out of the processing of your Personal Information for purposes of: (1) targeted advertising, (2) the sale of Personal Information, or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. We will also collect opt-in or opt-out consent, depending on the state in which you reside.

How to Exercise Your Rights. Please direct any rights requests (as further described below) or additional questions you may have regarding this Privacy Policy to: privacy@4implus.com. You may also opt out of targeted advertising by setting the Global Privacy Control. If you do, we will need to collect Personal Information and other information such as your name, email or transaction history in order to verify your identity.

How to Appeal a Decision Made by a Controller. If you submitted a request to exercise your rights and are dissatisfied with the decision made by us, you have the right to appeal that decision. Please contact privacy@4implus.com to appeal the decision.

Changes To This Privacy Policy: To the extent that any changes are made to this policy that require notification to consumers, you may be notified in any of the following ways:

· Via Email if you opt-in to receiving emails from us

· Via a pop-up notification when you visit our website

OTHER DATA PROTECTION RIGHTS

Subject to applicable data protection laws, you may have the right to:

· Confirm whether we are processing your personal information obtain a copy of your personal information that you previously provided to us in a portable and if technically feasible, readily useable format that allows you to transmit the data to another controller without hindrance.

· Access, update, and correct inaccuracies in your personal information in our records.

· Delete personal information provided by or obtained about you.

· Opt out of the processing of your personal information for purposes of: (1) targeted advertising, (2) the “sale” of personal information, or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. You may opt out of (1) and (2) as described in the “Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising” Section of this Privacy Policy. Your right to opt out of (3) does not apply as we engage in such decision-making, if at all, to comply with law or exercise or defend our legal rights.

Please send such requests to privacy@4implus.com. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information.

DO NOT TRACK REQUESTS

Certain state laws require that we indicate whether we honor “Do Not Track” settings in your browser. We take commercially reasonable efforts to respond to “Do not Track” requests.

CHANGES TO OUR PRIVACY POLICY

WHOM CAN YOU CONTACT FOR MORE INFORMATION?

If you have any questions or suggestions about the System, Implus, or our privacy practices, please contact us at privacy@4implus.com.

RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”) AND THE UNITED KINGDOM

International Data Transfers. If personal data is transferred between countries, we take commercially reasonable efforts to protect such personal data, such as by entering into Standard Contractual Clauses as approved by the European Commission.