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TERMS OF SERVICE
Terms of Service (“TOS”)
Last Updated: March 1, 2020.
"iGM" means iGuideMedical.com, Inc., whose principal place of business is at PO Box 1062 Rye, NH 03870.
"iGM PRO Initiative" (“iGuideMedical.com Patient Reported Outcome Initiative”) means research that iGM in conjunction with research partners, or iGM research partners perform.
iGM PRO Initiative may be sponsored by, conducted on behalf of, in collaboration with, or conducted by third parties, such as non-profit foundations, academic institutions, industry or pharmaceutical companies. iGM PRO Initiative may study a specific group or population, identify potential areas or targets for products and/or therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care and quality of life. iGM PRO Initiative uses Aggregated Individual-level and/or Self-Reported Information as specified iGM PRO Initiative Consent, as explained in greater detail below.
iGM PRO Initiative only uses Individual Information and Self-Reported Information from Users who have given informed consent according to the applicable iGM PRO Initiative iGM PRO Initiative Consent Document.
"Product Development" means research performed for the purpose of new product development and new product development activities performed by iGM on De-identified Information. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
"Service" or "Services" means iGM's products, software, services, and Service (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the User, regardless if the use is in connection with an account or not.
"Personal Information" is information that can be used to identify you, either alone or in combination with other information. iGM collects and stores the following types of Personal Information:
"Registration Information" is the information you provide about yourself when registering for and/or purchasing items from the Marketplace (e.g. name, email, address, User ID and password, and payment information).
“Individual-level Information” is information a User enters into the Service relating to that single person.
"Self-Reported Information" information you provide to us, either through the Services or through a third party, including all User input relating to Activities, Self-Assessments and other forms presented by the Service with which the User has chosen to interact with while signed in to a Service or that you authorize a third party to provide to iGM.
"De-identified Information" information that has been stripped of your Registration Information (e.g., your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual, also known as pseudonymized information.
"User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials, other than Self-Reported Information, generated by Users of the Services and transmitted, whether publicly or privately, to or through iGM.
"Web Behavior Information" is information on how you use the iGM Service (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
"Aggregated Self-Reported Information" is Self-Reported Information that has been combined with that of other Users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
“User(s)/Customer(s)/Member(s)” (“User(s)”) refers to you and/or a group of people like you who are engaged with the Service
“Services” or “Service” refers to Services, mobile apps, products, software and/or content iGuideMedical.com, Inc. (“iGM”) makes available to Users.
Acceptance of Terms
Your use of the Services (excluding any services provided by iGM under a separate agreement) is subject to the terms of the legal agreement between you and iGM set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services, including but not limited to entering and uploading any information or digital and interacting with it on the iGM Service. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by iGM for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that iGM will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. iGM also may offer other services from time to time that are governed by different terms of service.
You may not use the Services and may not accept the TOS if you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
You must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself.
Description of the Services
The Services include access to the iGM public Services, mobile apps, products, software and/or content iGM makes available to Users. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS-IS" and are based on the current state of the art technology in use by iGM at the time of input, viewing or other use. You acknowledge and agree that the form and nature of the Services which iGM provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that iGM may stop (permanently or temporarily) providing some Services (or any features within the Services) to Users generally at iGM's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform iGM when you stop using the Services. iGM assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while iGM may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by iGM at any time, at iGM's discretion.
Risks and Considerations Regarding iGM Services
iGM Services are for informational and educational and potentially research uses only. We do not provide medical advice. Participation in any research is voluntary and based upon a consent document. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
iGM does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned or presented through our Services. If we provide to you through our Services any recommendations that identify for you, based on your Individual-level Information, Self-Reported Information and/or scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. iGM believes that only a physician or other health care provider can assess your current state of health or disease, taking into account many factors, including your current condition and symptoms if any.
Reliance on any information provided by iGM, iGM employees, others appearing through our Services at the invitation of iGM, or other visitors to our Service is solely at your own risk.
By accessing iGM Services, you agree to, acknowledge, and represent as follows:
You understand that information presented to you through the Service is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the iGM Services are intended for informational, educational and potentially research purposes only. You acknowledge that iGM urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from information presented to you from the Service.
You represent that you are eighteen (18) years of age or older.
You agree that any information you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
You are aware that some of the information you receive may provoke strong emotion.
You take responsibility for all possible consequences resulting from your sharing any of your Service related information with others.
You understand that all your Personal Information will be stored in iGM databases and will be processed in accordance with the iGM Privacy Statement.
Waiver of Property Rights: You understand that by providing Individual-level Information and Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by iGM or its collaborators. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, iGM has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify iGM and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if iGM has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, iGM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
While registering for the Service, you will create a Username and password. You are responsible for maintaining the confidentiality of your Username and password, and are fully responsible for all activities that occur under your iGM account. If you allow third parties to access iGM's Service through your Username and password, you will defend and indemnify iGM and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify iGM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. iGM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
iGM Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by iGM for any Service; or by (2) actually using the Services.
You acknowledge and agree that iGM has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the iGM Services, Service, or other systems. If you have given consent for your personally identifiable Individual-level Information and Self-Reported Information to be used in iGM PRO Initiative as described in the applicable iGM PRO Initiative Consent Document, we may disclose your information to third parties as described in the applicable iGM PRO Initiative Consent Document. iGM PRO Initiative may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as for and not for profit companies and foundations, academic institutions or pharmaceutical companies. iGM PRO Initiative may study a specific group or population, identify potential areas or targets for therapeutics development, conduct or support the development of drugs, diagnostics, services or devices to diagnose, predict or treat medical or other conditions, work with public, private and/or non-profit entities on research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care and the quality of life. iGM will never release any personally identifiable Individual-level and/or Self-Reported Information to any third party without asking for and receiving your explicit consent to do so, unless required by law.
Further, you acknowledge and agree that iGM is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that iGM may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the iGM TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of iGM, its employees, its Users, its clients, and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, iGM may, in its sole discretion, restrict access to the Service for any reason.
Please refer to our Privacy Statement to read about data protection related to your information.
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not iGM, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
As a condition of your use of the Services, you warrant to iGM that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with iGM, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other Users), or for any forensic use; (7) download any file posted by another User of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of iGM or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site, unless explicitly permitted by iGM; (14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of iGM's Service; (15) attempt to or actually override any security component of iGM web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with iGM; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that iGM has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which iGM may suffer) of any such breach. In case of breach of any one of these agreements iGM has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify iGM and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or iGM has a reasonable ground to suspect that you have violated the terms of this Section, iGM has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access any Service online.
Material Posted Through The Service
iGM will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-iGM content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will iGM be liable in any way for any non-iGM content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that iGM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, iGM and its designees shall have the right to remove any content that violates the TOS or is deemed by iGM, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Material Provided to iGM - Your Proprietary Rights
iGM does not claim ownership of the User Content you provide to iGM (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give iGM, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for iGM to make such User Content available to other companies, organizations, or individuals with whom iGM has relationships, and to use such User Content in connection with the provision of those services.
You understand that iGM, in performing the required technical steps to provide the Services to our Users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit iGM to take these actions. You represent and warrant to iGM that you have all the rights, power, and authority necessary to grant the above license.
Individual-level Information and Self-Reported Information. Disclosure of Individual-level Information and Self-Reported Information to third parties for Research purposes will not occur without explicit consent. Note that iGM cannot control any further distribution of Individual-level Information and/or Self-Reported Information that you share publicly on the iGM Service. You acknowledge and agree that you are responsible for protecting and enforcing your rights and that iGM has no obligation to do so on your behalf.
You understand that you should not expect any financial benefit from iGM as a result of having your Individual-level Information and Self-Reported data included in any Aggregated Self-Reported Information shared with any research collaborator.
Waiver of Property Rights. As stated above, you understand that by providing Individual-level Information and Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by iGM or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Individual-level Information and Self-Reported Information.
You agree to defend and hold iGM, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
If you choose to provide your Individual-level Information and Self-Reported Information to third parties whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes, you agree to defend and hold harmless iGM, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your Individual-level Information and Self-Reported Information.
No Resale of Service
Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and iGM, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use and Storage
You acknowledge that iGM may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and User Content will be retained by the Service, the maximum disk space that will be allotted on iGM's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that iGM has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of User Content due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that iGM reserves the right to change these general practices and limits in its sole discretion.
Modifications to Service
iGM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the iGM features or Services, and (ii) iGM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
Software that you may use from time to time may automatically download and install updates from iGM. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit iGM to deliver these to you) as part of your use of the Services.
You acknowledge that iGM may offer different or additional technologies or features to collect and/or interpret User Content in the future and that your initial use of the current Service does not entitle you to any different or additional technologies or features for collection or interpretation of your User Content without fee, and that you will have to pay additional fees in order to have your User Content collected, processed, and/or interpreted using any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or iGM as set out in this Section.
If you want to terminate your legal agreement with iGM, you may do so by deleting your iGM account and data within your Profile Account Settings. Once you submit your request, we will send an email to the email address linked to your iGM account asking you to confirm your request. Upon receiving your confirmation from you that you are requesting iGM to delete your account we will process your request to delete your data, and you will no longer be able to sign-in to your account.
iGM may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) iGM is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom iGM offered the Services to you has terminated its relationship with iGM or ceased to offer the Services to you; (4) iGM is transitioning to no longer providing the Services to Users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by iGM is, in iGM's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that iGM shall not be liable to you or any third party for any termination of your access to the Services.
Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and iGM have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(Risks and Considerations Regarding iGM Services); 6.(User Representations); 7.(Account Creation, Customer Account, Password and Security Obligations); 8.(iGM Privacy Statement and Disclosure of Information); 10.(Customer Conduct - Unlawful and Prohibited Use); 11.(Export Control and Applicable Laws and Regulations); 12.(Material Posted through the Service); 13.(Material Provided to iGM - Your Proprietary Rights); 14.(Indemnity); 15.(No Resale of Services); 18.(Termination); 19.(Survival of Terms); 20.(Dealings with Information Providers and Listed Resources); 21.(Hyperlinks and iGM Website); 22.(iGM Proprietary Rights); 23.(DISCLAIMER OF WARRANTIES); 24.(LIMITATION OF LIABILITY); 25.(Notice); 27.(Violation or Suspected Violation of Terms of Service); 28. (Dispute Resolution); and 29.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that iGM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
Hyperlinks and the iGM Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because iGM has no control over such sites and resources, you acknowledge and agree that iGM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that iGM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
iGM's Proprietary Rights
You acknowledge and agree that iGM (or iGM's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by iGM and that you shall not disclose such information without iGM's prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by iGM, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-Users through the Services, is the copyrighted work of iGM and/or its suppliers. Your use of the Software is governed by the terms of the end User license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
iGuideMedical.com, Inc., iGM, and other iGM logos and product and service names are trademarks of iGuideMedical.com, Inc. and these marks together with any other iGM trade names, service marks, logos, domain names, and other distinctive brand features are the "iGuideMedical.com, Inc. Marks". Unless you have agreed otherwise in writing with iGM, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any iGM Marks and you agree not to display, or use in any manner, iGM Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by iGM, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names, or logos.
For any Software not accompanied by a License Agreement, iGM grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by iGM, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by iGM, in the manner permitted by the TOS. Unless iGM has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by iGM for use in accessing the Service. Any rights not expressly granted herein are reserved.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. iGM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) iGM MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iGM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. iGM DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, iGM SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT iGM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF iGM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. iGM may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
ATTN: Regulatory Officer
PO Box 1062
Rye, NH 03870
Additionally, iGM accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Changes to the Terms of Service
iGM may make changes to the TOS from time to time. When these changes are made, iGM will make a new copy of the TOS available on its Service and any new additional terms will be made available to you from within, or through, the affected Services. The revised TOS will be effective on or after the posted date. If we make a material change to the TOS, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice through our Services or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new TOS. If any change to the TOS is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, iGM will treat your use as acceptance of the updated TOS.
Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or iGM has a reasonable ground to suspect that you have violated the terms of these TOS, iGM has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Dispute Resolution (including Arbitration, Class Action Waiver and Time to Initiate Action)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. We are available by email at Regulator-Office@iGuideMedical.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 28(a) above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in Section 28(d), all claims arising out of or relating to these TOS (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by an arbitrator chosen by iGM, in accordance with iGM’s chosen arbitrator’s Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the iGM’s chosen arbitrator’s Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these TOS, including, but not limited to, any claim that all or any part of these TOS is void or voidable. iGM’s chosen arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The iGM’s chosen arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these TOS shall be subject to the Federal Arbitration Act. The iGM’s chosen arbitrator’s rules governing the arbitration will be provided within thirty (30) days from the date it is determined that arbitration is require for dispute resolution. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to iGM’s chosen arbitrator’s along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to iGM’s chosen arbitrator’s. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to iGM’s chosen arbitrator. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay iGM’s chosen arbitrator to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 28(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 28(b) and 28(c) by sending written notice of your decision to opt-out by emailing us at Regulatory-Office@iGuideMedical.com. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of TOS containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 28(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Rockingham County, New Hampshire (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in Rockingham County, New Hampshire for any litigation other than small claims court actions. In the event of litigation relating to these TOS or the Service, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Entire Agreement. The TOS constitute the entire agreement between you and iGM and govern your use of the Services, superseding any prior agreements between you and iGM on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software
Waiver. The failure of iGM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, iGM for any third party that assumes our rights and obligations under this Agreement.
These "Privacy Highlights" provide an overview of some core components of our data handling practices. Please be sure to review the Full Privacy Statement.
Information We Collect
We generally collect the following information:
Information we receive when you use our Services.
Information you share directly with us.
We collect and process your information when you register on any iGuideMedical.com Inc. (“iGM”) website, or website “Powered By iGuideMideical.com”, or website “iGuideMedical.com Powered” (“Service”), enter information, place an order, create an account, complete research surveys, post on our Forums or use other messaging features, and contact Customer Success. This information can generally be categorized as Registration Information, Individual-level, Self-Reported Information, and/or User Content as defined in our full Privacy Statement.
Information from your progression with activities and self-assessments.
With your consent, we extract information on your progression with the activities presented to you through the iGM website including information from self-reported assessments.
How We Use Information
We generally process Personal Information for the following reasons:
To provide our Services.
We process Personal Information in order to provide our Service, which may include processing payments, shipping location and recipient data for any products you may order from the Marketplace, creating customer accounts and authenticating logins, and delivering activity progression and self-assessment results and powering tools such as Member Readiness and User Reported Outcomes.
To analyze and improve our Services.
We constantly work to improve and provide new reports, tools, and Services. We may also need to fix bugs or issues, analyze use of our website to improve the customer experience or assess our marketing campaigns.
For iGuideMedical.com Inc. Patient Reported Outcome Initiative (“iGM PRO Initiative”), with your consent.
If you choose to consent to participate in iGM PRO Initiative, iGM researcher coordinators can include your de-identified Individual-level and Self-Reported Information in a large pool of member and customer data incluceded in data sets shared with third party research organizations for analyses aimed at making scientific discoveries.
Control: Your Choices
iGM gives you the ability to share information in a variety of ways. You choose:
Which activities, assessments and report(s) you view and/or opt-in to use or report progress on.
When and with whom you share your information, including friends, family members, health care professionals, or other individuals outside our Services, including through third party services that accept iGM data and social networks.
To give or decline consent for iGM PRO Initiative.
By agreeing to the Research iGM PRO Initiative Consent Document you can give consent for the use of your data for scientific research purposes.
To delete your iGM account and data, at any time.
Access To Your Information
Your Personal Information may be shared information in the following ways:
With research collaborators, only if you have given your explicit consent to opt into the iGuideMedical.com Patient Reported Outcome Initiative (“iGM PRO Initiative”).
iGM will not sell, lease, or rent your individual-level information to any third party or to a third party for research purposes without your explicit consent.
We do not share customer data with any public databases.
We will not provide any person’s data to an insurance company or employer.
We will not provide information to law enforcement or regulatory authorities unless required by law to comply with a valid court order, subpoena, or search warrant for genetic or Personal Information (visit our Transparency Report).
How We Secure Information
iGM implements measures and systems to ensure confidentiality, integrity, and availability of iGM data.
De-identification/Pseudonymization, encryption, and data segmentation.
Registration Information is kept separate from Sensitive Information. Registration information is then assigned a random ID so the person who provided the data cannot reasonably be identified. iGM uses industry standard security measures to encrypt sensitive personal data both when it is stored (data-at-rest) and when it is being transmitted (data-in-flight). Additionally, data are segmented across logical database systems to further prevent re-identifiability.
Limiting access to essential personnel. We limit access of information to authorized personnel, based on job function and role. iGM access controls include multi-factor authentication, single sign-on, and a strict least-privileged authorization policy.
Detecting threats and managing vulnerabilities. iGM uses state of the art intrusion detection and prevention measures to stop any potential attacks against its networks. We have integrated continuous vulnerability scanning in our build pipeline
Risks and Considerations
There may be some consequences of using iGM Services that you haven't considered.
You may discover things about yourself that may be upsetting or cause anxiety and that you may not have the ability to control or change.
In the event of a data breach it is possible that your data could be associated with your identity, which could be used against your interests.
Full Privacy Statement
This Privacy Statement applies to all websites owned and operated by iGuideMedical.com, Inc. ("iGM"), including www.iGuideMedical.com, www.VeinCareiGuide.com, websites marked with “Powered by iGuideMedical.com”, “iGuideMedical.com Powered”, and any other websites, pages, features, or content we own or operate, and to your use of any iGM mobile app and any related Services. Our Privacy Statement is designed to help you better understand how we collect, use, store, process, and transfer your information when using our Services.
Please carefully review this Privacy Statement and our Terms of Service. By using our Services, you acknowledge all of the policies and procedures described in the foregoing documents. If you do not agree with, or you are not comfortable with any aspect of this Privacy Statement or our Terms of Service you should immediately discontinue use of our Services.
Information we collect
Information you provide directly to us
Information related to Self-Assessments
Information collected through tracking technology
Other types of information
How we use your information
To provide you with Services and analyze and improve our Services
To process, analyze and deliver your progression and self assessment results
To allow you to share your Personal Information with others
To allow you to share your Personal Information for research purposes
To recruit you for external research
To provide customer support
To conduct surveys or polls, and obtain testimonials
To provide you with marketing communications
Information we share with third parties
General Service Providers
"Targeted advertising" service providers
Information we share with commonly owned entities
As required by law
Access to your account
Sharing outside of the iGM Services
Information for Customers in Designated Countries
Our relationship with you
Legal bases for processing Personal Information from the EU
Changes to this Privacy Statement
1. Key Definitions
Activities: information presented to the user providing them with instructions and potentially other pertinent information such as a target level of achievement, location, and contact information to support an activity a user may wish to engage with as part of the service.
Aggregate Information: information that has been combined with that of other users which may be analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.
De-identified Information: information that has been stripped of your Registration Information (e.g., your name and contact information) and other identifying data such that you cannot reasonably be identified as an individual, also known as pseudonymized information.
Individual-level Information: information a user enters into the Service relating to that single person.
Personal Information: information that can be used to identify you, either alone or in combination with other information.
Registration Information: information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
Self-Assessments: information the user chooses to input which describes the user’s own, then current, assessment regarding the subject matter.
Self-Reported Information: information you provide to us, either through the Services or through a third party, including all user input relating to Activities, Self-Assessments and other forms presented by the Service with which the user has chosen to interact with while signed in to a Service or that you authorize a third party to provide to iGM.
Service or Services: any websites, mobile apps, products, software and/or content iGuideMedical.com, Inc. (“iGM”) makes available to Users.
User(s)/Customer(s)/Member(s): you and/or a group of people like you who are engaged with the Service
User Content: all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials - other than Individual-level Information and Self-Reported Information, users enter into and/or transmit through the Service, whether publicly or privately, to or through iGM.
Web-Behavior Information: information on how you use iGM Services collected through log files, cookies, web beacons, and similar technologies, (e.g., browser type, domains, page views).
2. Information we collect
Information you provide directly to us
Registration Information. When you create a iGM account and register for our Services, we collect Personal Information, such as your name, date of birth, billing and shipping address, payment information (e.g., credit card) and contact information (e.g. email, phone number and license number).
Individual Information. You have the option to provide us with additional information about yourself through surveys, forms, features and applications. For example, you may provide us with information about your personal traits (e.g., eye color, height), ethnicity, disease conditions, other health-related information (e.g. pulse rate, cholesterol levels, visual acuity), and family history information (e.g. information similar to the foregoing about your family members). Before you disclose information about a family member, you should make sure you have permission from the family member to do so.
User Content. Some of our Services allow you to create and post or upload content, such as data, text, software, music, audio, photographs, graphics, video, messages, or other materials that you create or provide to iGM through either a public or private transmission ("User Content"). For example, User Content includes any discussions, posts, or messages you send on iGM's Forums.
Blogs and Forums. Our Services my offers publicly accessible blogs. Additionally, iGM customers may participate in our online Forums. You should be aware that any information you provide or post in these areas may be read, collected, and used by others who access them. To request that we remove or de-identify your Personal Information from our blog or Forums, contact us at privacy@iGuideMedical.com. Please note that whenever you post something publicly, it may sometimes be impossible to remove all instances of the posted information, for example, if someone has taken a screenshot of your posting. Please exercise caution before choosing to share Personal Information publicly on our blogs, Forums or in any other posting. You may be required to register with a third party application to post a comment. To learn how the third party application uses your information, please review the third party's privacy statement.
Social media features and widgets. Our Services include Social Media Features, such as the Facebook "Like" or "Share" button and widgets ("Features"). These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. They may also allow third-party social media services to provide us information about you, including your name, email address, and other contact information. The information we receive is dependent upon your privacy settings with the social network. Features are either hosted by a third-party or hosted directly on our site. Your interactions with these Features are governed by the privacy statements of the third party companies providing them. You should always review and, if necessary, adjust your privacy settings on third party websites and services before linking or connecting them to our website or Service.
Third party services (e.g., social media). If you use a third party site, such as Facebook or Twitter, in connection with our Services to communicate with another person (e.g., to make or post referrals or to request that we communicate with another person), then in addition to that person's name and contact information, we may also collect other information (e.g., your profile picture, network, gender, username, user ID, age range, language, country, friends lists or followers) depending on your privacy settings on the third party site. We do not control the third party site's information practices, so please review the third party’s privacy statement and your settings on the third party’s site carefully.
Third party sign in. You may create a iGM account and/or sign in to our Services using an account you created with a third party service, such as Google. If you provide authorization to iGM, we will collect and use the information you share with us via that third party service (such as your email address, name, and date of birth as specified in your third party service account) in accordance with this Privacy Statement. You are responsible for managing your credentials for your third party service account, and for maintaining the security of your third party service account. iGM does not have access to the credentials for your third party service account. If you choose to use third party sign in and you lose access to your credentials for your third party service account, you may not be able to access your iGM account. You may manage authorization for third party sign in through your iGM Profile or through your third party service account.
Referral information and sharing. Should you refer a person to iGM or choose to share your iGM results with another person, we will ask for that person's email address. We will use their email address solely, as applicable, to make the referral or to communicate your sharing request to them, and we will let your contact know that you requested the communication. By participating in a referral program or by choosing to share information with another person, you confirm that the person has given you consent for iGM to communicate (e.g., via email) with him or her. The person you referred may contact us at privacy@iGuideMedical.com to request that we remove this information from our database.
Gifts. If you provide us with Personal Information about others, or if others give us your information, for the purpose of offering the Service, or acquiring items from the Marketplace as a gift, we will only use that information for the specific reason for which it was provided to us. In the case of gifting Services, once the recipient registers for his or her Services and agrees to our Privacy Statement, our Terms of Service, and if applicable, certain iGM PRO Initiative Consent Documents, his or her Personal Information will be used in manners consistent with this Privacy Statement, and will not be shared with the purchaser, unless they independently choose to share their own Personal Information through the Services with the purchaser. In the case of gifting items from the Marketplace the Service will request consent from the recipient to receive further communications from iGM or third parties for purposes related to products and services provided by iGM or third parties. Please note that when purchasing items from the Marketplace you may be transferred to a third party to finalize a purchase directly with that third party and as such you should review the third party’s privacy and terms of service to ensure you wish to proceed with interaction with the third party.
Customer service. When you contact Customer Success or correspond with us about our Service, we collect information to: track and respond to your inquiry; investigate any breach of our Terms of Service, Privacy Statement or applicable laws or regulations; and analyze and improve our Services.
Web-Behavior Information collected through tracking technology (e.g. from cookies and similar technologies)
help us recognize you when you use our Services;
customize and improve your experience;
analyze usage of our Services (such as to analyze your interactions with the results, reports, and other features of the Service);
gather demographic information about our user base;
offer our Services to you;
monitor the success of marketing programs; and
serve targeted advertising on our site and on other sites around the Internet.
We may receive reports based on the use of these technologies from third party service providers as de-identified, Individual-level Information or as Aggregate Information (as described in section 4.c).
Analytics. Analytics is used to perform many of the tasks listed above. We use an Analytic-ID feature of our Services for the analytics to combine behavioral information across devices and sessions (including authenticated ad unauthenticated sessions). We use analytics features for: remarketing, displaying impressions, demographics and interest reporting, and ad campaign integration. We do not merge information collected through any analytics with individual-level information collected elsewhere by our Service.
Other Types of Information
We continuously work to enhance our Services with new products, applications and features that may result in the collection of new and different types of information. We will update our Privacy Statement and/or obtain your prior consent to new processing, as needed.
3. How we use your information
iGM will use and share your Personal Information with third parties only in the ways that are described in this Privacy Statement.
To provide you with Services and analyze and improve our Services
We use the information described above in Section 2 to operate, provide, analyze and improve our Services. These activities may include, among other things, using your information in a manner consistent with this Privacy Statement to:
open your account, enable purchases and process payments, communicate with you, and implement your requests (e.g., referrals);
enable and enhance your use of our website and mobile application(s), including authenticating your visits, providing personalized content and information, and tracking your usage of our Services;
contact you about your account, and any relevant information about our Services (e.g. policy changes, security updates or issues, etc.);
enforce our Terms of Service and other agreements;
monitor, detect, investigate and prevent prohibited or illegal behaviors on our Services, to combat spam and other security risks; and perform research & development activities, which may include, for example, conducting data analysis and research in order to develop new or improve existing products and services, and performing quality control activities.
To process and display your Individual-level and Self-Reported Information
The Service uses Individual-level and Self-Reported Information you input in to process and display to you a history of your level of interaction, level of completion, progression or achievement related to any of the presented Activities and Self-Assessments you have chosen to provide information on.
Any third parties, if you have provided explicit consent opting into the iGM PRO Initiative, will also be able to view your history of your de-identified Individual-level, level of completion, progression or achievement related to Activities and Self-Assessments you have chosen to provide information on.
For individuals located in the Designated Countries: Our legal basis for processing your Sensitive Information for the purposes described above is based on your consent. You may withdraw your consent at any time by deleting your Account via your Profile, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
To allow you to share your Personal Information with others
The Service may give you the ability to share information, including Personal Information, through the Services. You have the option to share directly with individuals with iGM accounts through our Forums and other sharing features and tools. You may also have the ability to share information directly with individuals who have not participated in our Service via a unique, shareable URL or through a social media platform (such information is "User Content"). Some sharing features, including receiving sharing invitations, may require that you opt-out, however you will always be required to take a positive action, such as opting in, to share sensitive data.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
To allow you to share your Personal Information for iGM PRO Initiative purposes
You have the choice to participate in iGuideMedical.com Patient Reported Outcome Initiative (“iGM PRO Initiative”) by providing your consent. iGM PRO Initiative refers to research aimed at actions such as publication in peer-reviewed journals and other research funded by entities such as the federal government (such as the National Institutes of Health - NIH) or other third party organization having an interest in a relevant topic.
iGM PRO Initiative may be sponsored by, conducted on behalf of, in collaboration with, or conducted by third parties, such as non-profit foundations, academic institutions, device manufacturers or pharmaceutical companies. An iGM PRO Initiative may study a specific group or population, identify potential areas or targets for devices or therapeutics development, conduct or support the development of drugs, diagnostics or devices to diagnose, predict or treat medical or other health conditions, work with public, private and/or non-profit entities on research initiatives, or otherwise create, commercialize, and apply this new knowledge to improve health care. iGM PRO Initiative uses Aggregate de-identified Individual-level and Self-Reported Information as specified in the appropriate iGM PRO Initiative Consent Document(s), as explained in greater detail below.
Your De-identified Personal Information may be used for iGM PRO Initiative only if you have consented to this use by completing an iGM PRO Initiative Consent Document. If you have completed iGM PRO Initiative Consent Document:
Your Personal Information will be used for research purposes, but it will be de-identified and will not be linked to your Registration Information.
iGM may use Personal Inoformation internally at iGM for research purposes.
iGM may share summary statistics, which do not identify any particular user, with our qualified research collaborators.
Withdrawing your Consent. You may withdraw your consent to participate in iGM PRO Initiative at any time by changing your consent status within your Profile. If you experience difficulties changing your consent status, contact Member-Success@iGuideMedical.com. iGM will not include your Personnal Information in studies that start more than 30 days after you withdraw (it may take up to 30 days to withdraw your information after you withdraw your consent). Any research involving your data that has already been performed or published prior to your withdrawal from iGM PRO Initiative will not be reversed, undone, or withdrawn. You may also discontinue your participation in iGM PRO Initiative by deleting your iGM account.
What happens if you do NOT consent to iGM PRO Initiative? If you choose not to complete a iGM PRO Initiative Consent Document or any additional agreement with iGM, your Personal Information will not be used for iGM PRO Initiative. However, your de-identified Individual-level and Self-Reported Information may still be used by us and shared with our third party service providers to as outlined in this Privacy Statement.
For individuals located in the Designated Countries: Our legal basis for processing your Sensitive Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
To recruit you for external research
Research is an important aspect of iGM’s Services and we want to ensure interested participants are aware of additional opportunities to contribute to interesting, novel scientific research conducted by academic institutions, healthcare organizations, device manufacturers, pharmaceutical companies, and other groups. If you have chosen to participate in iGM PRO Initiative, from time to time we may inform you of third party research opportunities for which you may be eligible. For example, if a university tells us about a new research project, we may send an email to iGM research participants who potentially fit the relevant eligibility criteria based on their Individual-level or Self-Reported Information to make them aware of the research project and provide a link to participate with the research organization conducting the study. However we will not share Personal Information with any third party without your consent. If you do not wish to receive these notifications, you can manage them by editing your preferences in your Profile.
For individuals located in the Designated Countries: Our legal basis for processing your Sensitive Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
To provide customer support
When you contact Member Success, we may use or request Personal Information, as necessary to answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints. In some instances, we may be required to process one customer’s Personal Information to resolve another customer’s dispute or request. For example, if a customer reports behavior that violates our Terms of Service, we will separately process both customers’ Personal Information and respond separately to each individual as appropriate. We will not share your Personal Information with another customer without your consent.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above depends on the nature of the customer support request. Our legal basis can be to satisfy our contractual or legal obligations and/or our legitimate interest to improve our Services.
To conduct surveys or polls, and obtain testimonials
We value your feedback and may send you surveys, polls, or requests for testimonials to improve and optimize our Services. You are in control of the information you would like to share with us. If you do not wish to receive these requests, you can manage them in your Profile.
For individuals located in the Designated Countries: Our legal basis for processing your Personal Information for the purpose described above is based on our legitimate interest. We think it is important to continue improving our Services to ensure your continued enjoyment.
To provide you with marketing communications
By creating a iGM account, you are agreeing that we may send you product and promotional emails or notifications about our, and third party, Services, and offers on new products, services, promotions or contests. You may also opt-in to receiving similar notifications on the website or mobile application(s). You can unsubscribe from receiving these marketing communications at any time. To unsubscribe, click the email footer “unsubscribe” link or go to your Profile to edit your email notification preferences. To opt-out of receiving website and mobile notifications, you may do so within your browser or device settings. Please note, the opt-out process differs between web browsers and mobile devices. You may not opt-out of receiving non-promotional messages regarding your account, such as technical notices, purchase confirmations, or Service-related emails.
4. Information we share with third parties
General service providers.
We share the information described above in Section 2 with our third party service providers, as necessary for them to provide their services to us and help us perform our contract with you. Service providers are third parties (other companies or individuals) that help us to provide, analyze and improve our Services. iGM uses third party service providers to assist in supporting our Services, including in the following areas:
Order fulfillment and shipping. Our payment processor processes certain Registration Information, such as your billing address and credit card information, as necessary to enable you to purchase items from the Service Marketplace.
Member Success support. Our Member Success team uses a number of tools to help organize and manage the requests we receive. These tools help to ensure we provide timely, high quality support.
Cloud compute, transmission, storage, IT, and Security. Our cloud infrastructure providers provide secure compute, transmission and storage of information used to provide and collect data for iGM Services, ensure that our infrastructure can support continued use of our Services by iGM customers, and protect availability of the Service in the event of a natural disaster or other disruption to the Service. Our IT and security providers assist with intrusion detection and prevention measures to stop any potential attacks against our networks. We have these third party experts perform regular penetration tests and periodically audit iGM’s security controls.
Marketing and analytics. When you use our Service, including our website or mobile app(s), our third party service providers may collect Web-Behavior Information about your visit, such as the links you clicked on, the duration of your visit, and the URLs you visited. This information can help us improve site navigability and assess our Marketing campaigns.
NOTE: Our service providers act on iGM's behalf. We implement procedures and maintain contractual terms with each service provider to protect the confidentiality and security of your information. However, we cannot guarantee the confidentiality and security of your information due to the inherent risks associated with storing and transmitting data electronically.
"Targeted advertising" service providers
We may share Aggregate Information, which is information that has been stripped of your name and contact information and combined with information of others so that you cannot reasonably be identified as an individual, with third parties. This Information is different from "Individual-level" information and is not Personal Information because it does not identify any particular individual or disclose any particular individual’s data. For example, Aggregate Information may include a statement that "30% of our female users maintain an average of 83% performance again target”," without providing any data specific to any individual user. In contrast, Individual-level Information or Self-Reported Information consists of data about a single individual's activities as related to those Activities presented by the Service to the individual, procedures, or other traits/characteristic information and could reveal whether a specific user has a particular condition. iGM will ask for your consent to share Individual-level Information with any third party, other than our service providers as necessary for us to provide the Services to you.
Information we share with commonly owned entities
We may share some or all of your information including, Personal Information, Individual-level and Self-Reported information with other companies under common ownership or control of iGM, which may include our subsidiaries, our corporate parent, or any other subsidiaries owned by our corporate parent in order to provide you better service and improve user experience. We may provide additional notice and ask for your prior consent if we wish to share your Personal Information with our commonly owned entities in a materially different way than discussed in this Privacy Statement.
As required by law
Under certain circumstances your Personal Information may be subject to processing pursuant to laws, regulations, judicial or other government subpoenas, warrants, or orders. For example, we may be required to disclose Personal Information in coordination with regulatory authorities in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. iGM will preserve and disclose any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that iGM may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the iGM Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of iGM, its employees, its users, its clients, and the public.
NOTE: If you are participating in iGM PRO Initiative, iGM will withhold disclosure of your Personal Information involved in such Research in response to judicial or other government subpoenas, warrants or orders in accordance with any applicable Certificate of Confidentiality that iGM may obtain from the National Institutes of Health (NIH).
In the event that iGM goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets your Personal Information will likely be among the assets transferred. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Statement.
5. Your choices
Access to your account
We provide access to your iGM data within your iGM account. You can access and request your Personal and Indivual-level data by iGM within your Profile. If you lose access to your iGM account or account email address, please contact Member_Success@iGuideMedical.com for assistance. If you lose access to your iGM account, in certain circumstances, we may require that you submit additional information sufficient to verify your identity before providing access or otherwise releasing information to you. If you choose not to submit the required documentation, or the information provided is not sufficient for the purposes sought, iGM will not be able to sufficiently verify your identity in order to complete your request.
You may access, correct or update most of your Registration Information on your own within your Profile. You may also review and update your consent to iGM PRO Initiative in your Profile. Please note that you may not be able to delete User Content that has been shared with others through the Service and that you may not be able to delete information that has been shared with third parties.
Individuals located in Designated Countries should review Section 9. to understand their rights to access Personal Information.
As noted in Section 3. you may be asked to opt-in to receive product and promotional emails or notifications when creating your iGM account or when using iGM Services. You may view or update your notification preferences for marketing communications by visiting your Profile, opting out at the browser or device level, or by contacting our Member Success team at Member_Success@iGuideMedical.com. You can also click the "unsubscribe" button at the bottom of promotional email communications, as applicable.
Sharing outside of the iGM Services
You may decide to share your Personal Information with friends and/or family members, doctors or other health care professionals, and/or other individuals outside of our Services, including through third party services such as social networks and third party apps that connect to our website and mobile apps through our application programming interface ("API"). These third parties may use your Personal Information differently than we do under this Privacy Statement. Please make such choices carefully and review the privacy statements of all other third parties involved in the transaction. iGM does not endorse or sponsor any third party applications, and does not affirm the accuracy or validity of any interpretations made by third party applications.
In general, it can be difficult to contain or retrieve Personal Information once it has been shared or disclosed. iGM will have no responsibility or liability for any consequences that may result because you have released or shared Personal Information with others. Likewise, if you are reading this because you have access to the Personal Information of a iGM customer through a multi-profile account, we urge you to recognize your responsibility to protect the privacy of each person within that account. Users with multi-profile accounts (i.e., where you have invited other family members access to your account) should use caution in setting profile-level privacy settings.
If you no longer wish to participate in our Services, or no longer wish to have your Personal Information be processed, you may delete your iGM account and Personal Information within your Profile and submitting a request for iGM to delete your account. Once you submit your request, we will send an email to the email address linked to your iGM account to confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your account is deleted, all associated Personal Information is deleted subject to the following limitations:
Information previously included in iGM PRO Initiative. As stated in any applicable iGM PRO Initiative Consent Document, Individual-level and/or Self-Reported Information that you have previously provided and for which you have given consent to use in iGM PRO Initiative cannot be removed from completed studies that use that information. Your data will not be included in studies that start more than 30 days after your account is closed (it may take up to 30 days to withdraw your information after your account is closed).
Legal Retention Requirements. iGM will retain limited information related to your account and data deletion request, including but not limited to, your email address, account deletion request identifier, and record of legal agreements for a limited period of time as required by contractual obligations, and/or as necessary for the establishment, exercise or defense of legal claims and for audit and compliance purposes.
6. Security measures
iGM takes seriously the trust you place in us. iGM and iGM third party providers implement physical, technical, and administrative measures to prevent unauthorized access to or disclosure of your information, to maintain data accuracy, to ensure the appropriate use of information, and otherwise safeguard your Personal Information.
iGM produces secure applications by design. iGM incorporates explicit security reviews in the software development lifecycle, quality assurance testing and operational deployment.
De-identification/Pseudonymization. Registration Information is stripped from Sensitive Information, including Self-Reported Information. This data is then assigned a randomly generated ID so an individual cannot reasonably be identified.
Encryption. iGM uses industry standard security measures to encrypt Sensitive Information both at rest and in transit.
Separation of Environments. iGM ensures production, and research environments are separated and access is restricted. Data, including Registration Information and Self-Reported Information are segmented across logical database systems to further prevent re-identifiability.
Limiting access to essential personnel. We limit access to Personal Information to authorized personnel, based on job function and role. iGM access controls include multi-factor authentication, single sign-on, and strict least-privileged authorization policy.
Detecting threats and managing vulnerabilities. iGM and our third party service providers use state of the art intrusion detection and prevention measures to stop any potential attacks against its networks. iGM and our third party service providers employ continuous vulnerability scanning and periodic penetration tests.
Incident Management. iGM maintains a formal incident management program designed to ensure the secure, continuous delivery of its Services. iGM has implemented an incident management program using industry best practices, including guidance from the National Institute of Standards and Technology (NIST).
Managing third party service providers. iGM requires service providers to implement and maintain accepted industry standard administrative, physical and technical safeguards to protect Personal Information.
Your Responsibility. Please recognize that protecting your Personal Information is also your responsibility. We ask you to be responsible for safeguarding your password, secret questions and answers, and other authentication information you use to access our Services. You should not disclose your authentication information to any third party and should immediately notify iGM of any unauthorized use of your password. iGM cannot secure Personal Information that you release on your own or that you request us to release.
Your information collected through the Service may be stored and processed in the United States or any other country in which iGM or its subsidiaries, affiliates or service providers maintain facilities and, therefore, your information may be subject to the laws of those other jurisdictions which may be different from the laws of your country of residence.
7. Children's privacy
iGM is committed to protecting the privacy of children as well as adults. Neither iGM nor any of its Services are designed for, intended to attract, or directed toward children under the age of 18.
8. Linked websites
The Service may provide links to third party websites operated by organizations not affiliated with iGM. iGM does not disclose your information to organizations operating such linked third party websites. iGM does not review or endorse, and is not responsible for, the privacy practices of these organizations. We encourage you to read the privacy statements of each and every website that you visit. This Privacy Statement applies solely to information collected by iGM and our service providers on our behalf.
9. Information for Customers in Designated Countries
Section 9 only applies to individuals located in the European Economic Area (“EEA”), United Kingdom, or Switzerland (the “Designated Countries”).
Our relationship with you
We are the “controller” with respect to your Personal Information because we determine the means and purposes of processing your information when using our Services.
Legal bases for processing Personal Information from the EU
We describe how we process your Personal Information in Sections 2 through 4 of this Privacy Statement. We may process your Personal Information if you consent to the processing, to satisfy our legal obligations, if it is necessary to carry out our obligations arising from any contracts we entered with you or to take steps at your request prior to entering into a contract with you, or for our legitimate interests to protect our property, rights or safety of iGM, our customers or others.
We will obtain your consent where required to send you marketing communications using electronic means. You may withdraw your consent at any time within your Profile or by emailing email@example.com. We will only contact you by electronic means (email, push notification, SMS, etc.) with information about our Services that are similar to those which were the subject of a previous sale or negotiations of a sale to you.
We will only share your Personal Information with third parties for marketing purposes with your explicit consent. If you do not want us to use your Personal Information in this way, please review and update your Profile as necessary or contact us at Member_Success@iGuideMedical.com. You may raise such objection with regard to initial or further processing for purposes of direct marketing at any time and free of charge. The withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
Other marketing activities will happen based on the legitimate interests of iGM. E.g., where we tailor marketing communications or send targeted marketing messages via post, phone or social media and other third party platforms; and in providing existing customers with information (via email or other channels) about similar products and services.
You can exercise your privacy rights by following the instructions below or contacting us at Member_Success@iGuideMedical.com. We will handle your request under applicable law. When you make a request, we may verify your identity to protect your privacy and security.
Right to withdraw consent. To the extent iGM requests and you provide your consent to the processing of your Personal Information, you can withdraw your consent at any time. Your withdrawal will not affect the lawfulness of our processing based on consent before your withdrawal.
Right of access to and rectification of your Personal Information. Our site allows you to access and rectify certain Registration Information within your Profile. You can request to receive a copy of your raw Registration information in your Profile. If you would like to access or rectify any other information, you can modify through your Profile page or by contacting us at Member_Success@iGuideMedical.com and we will do our best to assist you without undue delay. We may reject part or all of your request if responding to your request could adversely affect the rights and freedoms of others.
Right to erasure (or, “Right to be Forgotten”). As explained under Section 5 (“Account Deletion”), we allow our customers to delete their accounts at any time. You can request erasure of Personal Information that: (a) is no longer necessary in relation to the purposes for which it was collected or otherwise processed; (b) was collected in relation to processing to which you previously consented, but later withdrew such consent; or (c) was collected in relation to processing activities to which you object, and there are no overriding legitimate grounds for our processing. If we have made your Personal Information public and we are required to erase such Personal Information, we will take reasonable steps, including technical measures, to inform controllers that are processing any links to or copies or replications of your Personal Information of your erasure request. Our assistance with your request for erasure is subject to limitations by relevant data protection laws, available technology and the cost of implementation.
Right to data portability. If we process your Personal Information based on a contract with you or based on your consent, or the processing is carried out by automated means, you may request to receive your Personal Information in a structured, commonly used and machine-readable format, and to have us transfer your Personal Information directly to another controller, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others. A “controller” is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of your Personal Information.
Right to restriction of our processing. You can restrict our processing of your Personal Information where one of the following applies: (a) you dispute the accuracy of Personal Information processed by iGM (for a period enabling us to verify its accuracy); (b) the processing is unlawful and you oppose the erasure of the Personal Information and request the restriction of its use instead; (c) iGM no longer needs the Personal Information for the purposes of the processing, but it is required by you for the establishment, exercise or defense of legal claims; and (d) you have objected to certain processing relying on legitimate interest, pending the verification whether iGM’s legitimate grounds override your rights. Restricted Personal Information shall only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest. We will notify you if the restriction is lifted.
Notification of erasure, rectification and restriction. We will provide notice to each recipient that we disclosed your Personal Information to regarding any rectification or erasure of Personal Information or restriction of processing, unless you initiated the disclosure or providing notice proves impossible or involves disproportionate effort. Upon your request, we will share the list of recipients with you.
Right to object to processing. Where the processing of your Personal Information is based on consent, contract, or legitimate interests described under the Legal Bases for Processing heading above, you may restrict or object, at any time, to the processing of your Personal Information as permitted by applicable law. We may continue to process your Personal Information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects on you, except as allowed under applicable data protection laws.
Retention of your Personal Information. Unless you make a request for us to delete your account or delete certain Personal Information (i.e., User Content, etc.), we will store your Personal Information as long as your account is open. If you request to delete your account, we will take the steps described under “Your Choices – Account Deletion” and delete all your Personal Information, unless a longer retention period is required or permitted by law.
The rights described above may be limited by local laws. Further, your right of access and deletion is not absolute and may not be available if fulfillment of such right would, among other things:
cause interference with execution and enforcement of the law and legal private rights (such as in the case of the investigation or detection of legal claims or the right to a fair trial);
breach or prejudice the rights of confidentiality and security of others;
prejudice security or grievance investigations, corporate re-organizations, future and ongoing negotiations with third parties, the compliance with regulatory requirements relating to economic and financial management; or
otherwise violate the interests of others or where the burden or cost of providing access would be disproportionate.
If you believe that we have infringed your rights, we encourage you to contact us so that we can try to address your concerns or dispute informally. Our contact information is:
Global Privacy Officer,
PO Box 1062
Rye, NH 03870
You also have a right to lodge a complaint with a competent supervisory authority situated in a Member State of your habitual residence, place of work, or place of alleged infringement. You can find the relevant supervisory authority name and contact details here: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.
10. Changes to this Privacy Statement
Whenever this Privacy Statement is changed in a material way, a notice will be posted as part of this Privacy Statement and on our website for 30 days. After 30 days the changes will become effective. In addition, all customers will receive an email with notification of the changes prior to the change becoming effective. iGM may provide additional "just-in-time" disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify iGM’s privacy practices or may provide you with additional choices about how iGM processes your Personal Information.
11. Contact Information
If you have questions about this Privacy Statement, or wish to submit a complaint, please email iGM's Privacy Administrator at firstname.lastname@example.org, or send a letter to:
Global Privacy Officer,
PO Box 1062
Rye, NH 03870
1. What are cookies?
Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer, mobile device or smartphone) when you visit or use our website or Services. Cookies can be recognized by the website that downloaded them — or other websites that use the same cookies. This helps websites know if the browsing device has visited them before.
There are session cookies and persistent cookies. A session cookie lasts while your browser is open and is automatically deleted when you close your browser. A persistent cookie lasts until you or your browser deletes the cookies or they expire.
Cookies collect and process both Personal Information (as defined in the Privacy Statement), as well as information that does not identify you as an individual. To the extent that IP addresses or similar identifiers are considered Personal Information by local law, we will treat these identifiers as prescribed under such applicable laws. If we combine non-Personal Information with Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.
2. What other similar tracking technologies does iGM use?
In addition to cookies, we may use other technologies that are similar to cookies, like web beacons, flash cookies, or pixels to track how you use our Services.
Web Beacons: Web beacons, or “clear gifs”, are tiny graphics with a unique identifier, similar in function to cookies. Web beacons are placed on a website or in an email that alone or in conjunction with cookies compile information about your usage of or your interaction with the Services. In contrast to cookies, which are stored on a user’s computer hard drive or device, clear gifs are embedded invisibly on web pages. Similar to cookies, beacons primarily help us better manage content on our Services by informing us which content is effective.
iGM may collect information about whether you open or click any links in the Services, Research or marketing communications that we send to you through web beacons. The analysis gathered helps us improve the effectiveness of content and format of our websites and email communications.
Flash Cookies: We may also use so-called “flash cookies” (also known as “Local Shared Objects” or “LSOs”) to collect and store information about your use of our Services. Flash cookies are commonly used for advertisements and videos.
Pixels: A “pixel” or “tag” can be placed on a website or within an email for the purposes of tracking your interactions with our websites or when emails are opened or accessed; pixels are often used in combination with cookies.
Cookies and other forms of tracking technology play the role of enhancing and enabling usability and website processes across our Services and communications. They help us understand how our Services are being used, letting you navigate between pages efficiently, improving the security of your Personal Information, remembering your preferences, and generally improving your browsing experience.
We also use advertising tracking technology to assist with marketing our products and services to interested individuals. We may present you with an advertisement when you leave our Services because we think you might be interested in particular products and services. Cookies also help ensure marketing you see is more relevant to you and your interests.
You can find out more about the cookies we use in the table below.
Categories of Cookies Purposes Description
Strictly Necessary Security Some cookies help us detect, prevent, and mitigate malicious and fraudulent activities on our services. Security cookies also support and enable other security features.
Strictly Necessary Performance Some of our cookies are essential to make our Services work. They enable you to move around this site and use its features. Without these cookies, services that are necessary for you to be able to use the site, such as load balancing or remembering items in your shopping basket, can't be provided.
Functional Analytics and Research We use some cookies to collect information about how people are using our Services. For example, these cookies allow us to know which pages are visited the most often, how people are moving from one link to another and if they get error messages from certain pages. Overall, these cookies provide us with analytical information about how our Services are performing and how we can improve them.
Functional Preferences and Settings Your preferences may be stored in our cookies so you do not have to reset them every time you visit our services. These cookies allow us to remember the choices you make to tailor this website and provide enhanced features and content to you. For example, these cookies can be used to remember your user name, language choice or country selection, they can also be used to remember changes you've made to text size, font and other parts of pages that you can customize. In addition, they may be used to provide services you've asked for such as watching a video or commenting on a blog.
Functional Referrals These cookies are placed on your device when you use one of our special referral pages to create a link to refer our service to your friends. When you create your referrers account and/or send a referral link by email or social media outlet (including but not limited to Facebook and Twitter), a cookie will be placed on your device to help us track the referrals you have made and credit you with any benefit that is available in accordance with our referral program. If you receive a referral to our service and click on the link sent to you, we will also place a cookie on your device so that we can understand how well our referral program is performing and provide you with any benefit that is available to you, through the program when you sign up to our service.
Advertising Advertising These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement, as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website and this information may be shared with other organizations such as advertisers. This means after you are done using our Service you may see some advertisements about our Services elsewhere on the Internet.
4. How long will cookies stay on my browsing device?
The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted (i.e. after you have finished browsing). The expiration time or retention period applicable to persistent cookies depends on the purpose of the cookie collection and tool used. You may be able to delete cookie data as described below.
5. What are my privacy options?
How to manage cookies via your browser settings
Our Cookies (first party cookies)
You can use the browser or device that you are using to view this website to enable, disable or delete cookies. To do this, follow the instructions provided by your device or browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note that if you elect not to activate cookies, or set your browser to disable cookies, either immediately or at a later time, you may not be able to access secure areas of the Services and other parts of the Services may also not work properly or may be limited.
Many browser manufacturers provide helpful information about cookie management, including, but not limited to:
If you use a different browser, please refer to your browser’s documentation. You can also find out more information about how to change your browser cookie settings at www.allaboutcookies.org.
Third Party Cookies
Cookies that are placed on your device by a third party usually can be managed through your browser (as described above) or by checking the third party’s website for more information about cookie management and how to “opt-out” of receiving cookies from them. iGM may not have the ability to manage or delete cookies or tracking technologies placed on your device by third parties.
How to opt-out of interest-based advertising
If you would like more information about cookies and targeted advertisements or to opt out of having this information used by companies that are part of the Network Advertising Initiative, please visit www.networkadvertising.org/choices or the Digital Advertising Alliance, please visit youradchoices.com/control.
How to opt-out of analytics
Google Analytics (requires you to install a browser add-on)
How to disable web beacons
You may avoid web beacons by configuring your email reader or webmail to disable the functionality that enables remote images to load and by refraining from clicking on any links in email messages.
6. How does iGM use third party social plugins?
iGM may use social plugins provided and operated by third parties, such as a Facebook “share” button. As a result of this, you may send to the third party information that you are viewing on a certain part of the iGM Services. If you share your iGM Services information with a third party, then the third party may be able to link information or actions about your interactions with the iGM Services to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.