MEMBERSHIPS PRO PRIVACY POLICY

v1.0-1

Effective Date: September 22nd, 2020

Contact Information: support@infuse.zendesk.com / (866) 777-1350 / www.infuse.us

We respect your right to privacy and will only process your personal Information in accordance with applicable data protection and privacy laws.

In this Privacy Policy, "we," "us," "its" and "our" refer to Optimized Aspects, LLC, dba Infuse, ("Infuse"), organized under the laws of Ohio, USA. Please read carefully this Privacy Policy ("Policy") relating to your use of Memberships Pro applications, services, and websites developed by us.

By using the services, sites, and applications we control, you consent to:

A. Introduction

This Policy explains how Infuse collects, stores, uses, and discloses information from you when you use Infuse products, services, mobile applications, and websites. This Policy applies to users of the Memberships Pro "App", defined as the services, APIs, and functionality we make available either through the Memberships Pro app ("App"), via servers under our control, via websites under our control (“Websites”) or through third party sites that utilize our services and functionality. This Policy does not apply to websites, applications, or services that do not display or link to this Policy or that display or link to different privacy statements; nor does this Policy apply to practices of companies that we do not control or to people we do not employ or manage.

By accepting the Policy during the purchase of the App, you expressly consent to our collection, storage, use, and disclosure of your personal information and non-personal information as described in this Policy and to all other terms herein.

You may lose anonymity once you give us personal information about yourself, and by doing so, you agree to the collection, transfer, and storage of that information to our servers and to the terms of this Privacy Policy.

B. Information Collected

We collect information about you in various ways when you use our App and as set forth in the Terms of Service. Some of this information may be Personal Data about you. As used in this Policy, "Personal Data" means any information (either alone or in combination with other information we hold) that specifically identifies you as an individual, such as your name, address and physical location, email addresses, or telephone numbers.

As well as Personal Data, we also collect some information that is not personally identifying, including aggregate information, which is data we collect about the use of the App or about a group or category of users from which it is not possible to identify you (“Nonpersonal Data”; together with Personal Data, collectively "Information").

Personal Data

When you install the App, and in the course of your use of the App, we may collect the following Personal Data: your name, email address, any profile or biographical information you elect to provide, company details, any personally identifying information to the extent revealed in your Content (as that term is defined in the Memberships Pro Terms of Service) and, if applicable, financial information that you provide to us in exchange for your commercial use of the App as agreed in writing separately between us.

Nonpersonal Data

When you use our App, we automatically collect Nonpersonal Data sent to us by your computer, mobile device, or other access devices, such as a device ID or unique identifier, device type, model and brand, geo-location information, computer, network and connection information, internet protocol (IP) address, access times, operating system and browser version, type and language, and the website you visited before our Website. We also collect Nonpersonal Data about your usage and activity on the App. This Policy does not restrict or limit our collection and use of Nonpersonal Data.

Cookie Policy

We may automatically collect information using cookies or local storage ("cookies") which are small files placed on your hard drive or device storage that may uniquely identify your browser or device and collect certain information about you. Among other things, cookies help us analyze our web page flow, customize our App, measure promotional effectiveness, and promote trust and safety. The App relies on cookies to store your data on your device between uses.

We may additionally collect information using pixel tags, web beacons, or other web site usage tracking technologies. Web beacons (also known as "tracking pixels") are electronic images that may be used in the App, our website, or in emails that we send to you. Amongst other things, we use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and to tell if an email has been opened and acted upon. Such devices are used to collect Nonpersonal Data, such as the identity of the applicable internet service provider, the IP address of the user’s personal computer, the type of browser software and operating system in use, the date and time of site access, the website address, if any, from which the user linked to the Website and other similar traffic-related information. We also may aggregate such information with similar data collected from other users. However, we do not use such data to create or maintain Personal Data about you.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove or reject cookies, this could affect certain features of our App. For further information about cookies, including how to refuse cookies, please visit www.allaboutcookies.org.

Explanation of cookie types:

Functional - these cookies are necessary for the Website or App to function properly.

Analytical - these cookies allow us to understand how visitors use our Website and App, so we can measure and improve how the Website and App work.

Duration - cookies may be session-only, in which they expire at the end of each Website or App session, or may expire at a certain date.

Do Not Track Disclosure

We do not respond to Do Not Track requests in the App and our websites. We do not engage in the collection of Personal Data from users across third-party sites or applications. We do allow other parties to collect your Personal Data about your online activities over time and across different Web sites or services when you use the App.

C. Our Use of Information

We may use and provide data and information to our partners and customers for commercial purposes after we have removed your name or any other personally identifying information from it, or have combined it with other people's data in a way that it is no longer associated with you. We use information collected through our App for the purposes and as described in this Policy, as disclosed to you on our App, as needed to carry out the App, and as set forth in the Terms of Service. We may also use your Information to:

(i) operate, maintain, customize, measure, and improve our App, and to fulfill the purposes disclosed when you provided your information to us;

(ii) respond to your comments and questions and provide the App and customer support you request;

(iii) resolve disputes, collect fees, enforce our terms and policies, and troubleshoot problems;

(iv) understand you and your preferences to enhance your experience and enjoyment using our App;

(v) communicate with you about new events, offers, and other news about our products and services offered by us and our selected partners; and

(vi) send you App-related information, including confirmations, invoices, reminders, technical notices, updates, security alerts, and support and administrative messages.

We also may combine your information with information we collect from other sources to improve our products and services.

Further, we may use Personal Data to respond to legal requirements, in connection with a merger, sale of assets, or other similar corporate transactions, to respond to claims that content violates the rights of others, or to protect the rights, property, or safety of any person.

D. Sharing Information

We do not disclose, sell, or rent your Personal Data. We only share your Personal Data as follows:

(i) at your direction and control via your normal and intended operation of the App.

(ii) with our affiliates, and our service providers, consultants or similar contractors, or third parties who provide services or content in connection with our App in order to support or enhance our products and services or our business operations, or to make available and consummate initiated transactions;

(iii) to comply with laws or respond to lawful requests and legal process or to enforce or apply our terms of use/service, license terms, or other agreements between us, and to protect the rights, safety, and property of Infuse, our agents, employees, customers, members, and others; and

(iv) underwritten obligations of confidentiality, in connection with or during negotiation of any a merger, financing, acquisition, or dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets to another company.

We may also share and disclose Nonpersonal Data, e.g., by publishing a report on trends in the usage of its App.

E. No Guarantee of Security

We take all reasonable steps to help protect your Personal Data in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no one can create a completely secure website, app, or service, and third parties may unlawfully intercept, steal, or access transmissions or private communications. Therefore, we cannot guarantee that your Information or private communications that you transfer over the internet to us will always be secure or remain confidential.

F. International Transfers

We may process information on servers located in a number of countries. Accordingly, we may share information with our affiliated companies for such companies to carry out any of the activities specified in this Policy. We may also subcontract processing to or share Information with third parties located in countries other than your home country. Information collected within the European Economic Area and Switzerland may, for example, be transferred to, and processed by our affiliates or other third parties identified above that are located in, a country outside of the EEA and Switzerland. However, we will only process your information as described in this Policy in every country.

G. Children

The App is not directed at or intended for children under thirteen (13) years of age, and we do not knowingly collect Personal Data from such children. If you believe that we might have any Personal Data from a child under 13 years of age, please contact us at support@infuse.zendesk.com, call us at (866) 777-1350, or contact us through our website at www.infuse.us.

H. Policy Changes

We may amend this Policy from time to time. If we make any changes to this Policy, we will post the amended terms, change the "Revised" date above, and where appropriate, notify you by email.

I. Your Information and Choices

You have the right to ask us to not process your Personal Data for marketing or promotional purposes. We will inform you (before collecting your data) if we intend to use your Personal Data for such purposes or if we intend to disclose your Personal Data to any third party for such purposes. You may also opt-out of receiving promotional emails from us by following the instructions in the emails themselves or via email sent to support@infuse.zendesk.com. If you opt-out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.

You can review and change your Personal Data by contacting us at support@infuse.zendesk.com, calling (866) 777-1350, or contacting us through our website at www.infuse.us. You will promptly update your Personal Data if it changes or is inaccurate. You also may send requests about your contact preferences, to request a review of the Personal Data we have about you, and to request that we update or correct any out-of-date or incorrect Personal Data we have about you (to the extent of Personal Data we have not already made available to you for your own review, modification, or deletion). Upon receipt and process of a reasonable opt-out request, we will, within a commercially reasonable period of time, comply with such request to the extent reasonable. Note that requests to terminate disclosure to third parties may frustrate or render impossible our ability to provide the App or conduct transactions initiated by you.

We retain Personal Data from closed accounts, if and to the fullest extent permitted by applicable law, including in order to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our agreements, and policies, and take other actions otherwise permitted by law or as specified elsewhere in this Policy.

J. Jurisdiction

We are located in the United States, as are the servers that make the Service available. All matters relating to privacy issues are governed by the laws of the United States and the State of California.

K. Questions

If you have any questions about this Policy, please contact us at support@infuse.zendesk.com, call us at (866) 777-1350, or contact us through our website at www.infuse.us.

CALIFORNIA CONSUMER PRIVACY ACT NOTICE

v1.0-1

Effective Date: September 22nd, 2020

Contact Information: support@infuse.zendesk.com / (866) 777-1350 / www.infuse.us

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Optimized Aspects, LLC, dba Infuse, ("Infuse") and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”) when you subscribe to or visit the Memberships platform. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws, and the following requirements apply solely to California consumers, effective January 1, 2020.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category A: Identifiers

Examples of what we collect: Name, postal address, email address, or other similar identifiers

Category B: California Customer Records personal information categories

Examples of what we collect: Name, address, telephone number, credit card number, debit card number, or any other financial information

Category C: Protected classification characteristics under California or federal law

Examples of what we collect: Citizenship

Category D: Commercial information

We do not collect

Category E: Biometric information

We do not collect

Category F: Internet or other similar network activity

Examples of what we collect: Access history and information on your interaction with our application.

Category G: Geolocation data

We do not collect

Category H: Sensory data

We do not collect

Category I: Professional or employment-related information

We do not collect

Category J: Non-public education information

We do not collect

Category K: Inferences drawn from other personal information

We do not collect

Personal information does not include:

We obtain the categories of personal information listed above from the following categories of sources:

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

We disclose your personal information for a business purpose to the following categories of third parties:

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

Deletion Request Rights

You have the right to request that we delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  3. Debug products to identify and repair errors that impair existing intended functionality.

  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  8. Comply with a legal obligation.

  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by email at support@infuse.zendesk.com, call us at (866) 777-1350, or contact us through our website at www.infuse.us.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to the registered email associated with the account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

 

Changes to Our Privacy Notice

We reserve the right to amend this Privacy Notice at our discretion and at any time. The date this Privacy Notice was last updated is identified at the top of this page. You are responsible for periodically visiting this Privacy Notice to check for any changes.

Contact Information

If you have any questions or comments about this Privacy Notice, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, you may contact us via email at support@infuse.zendesk.com, call us at (866) 777-1350, or contact us through our website at www.infuse.us.