PART A - Privacy Policy for InstantMediations.com, a brand owned and operated by InstantMediations, LLC.
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide the Service to you and improve its functionality and to effectuate the payment of the fees for your membership in InstantMediations. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
INTERPRETATION AND DEFINITIONS
-Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
-Definitions
For the purposes of this Privacy Policy:
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, including mediator members who utilize the InstantMediations.com website to connect with third party clients, and the mediation third party client participants scheduled by mediator members to online meetings using InstantMediation’s Zoom.us licenses.
InstantMediations (referred to as “Instant Mediations”, “InstantMediations.com”, “IM”, "the Company", "We", "Us" or "Our" in this Policy) is a brand of InstantMediations, LLC and refers to InstantMediations, LLC., located at 405 Main Street, Suite 905, Houston, TX 77002.
>Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
>Account means a unique account created for You to access our Service or parts of our Service.
>Website refers to InstantMediations.com, accessible from https://instantmediations.com/, including the content Instant Mediations, LLC itself places on https://instantmediations.zoom.us/, hosted by Zoom.us and https://community.instantmediations.com, hosted by Mightynetworks.com.
>Service refers to the use of Website above and the content placed by Instant Mediations, LLC on subdomains websites of Zoom.us and Mightynetworks.com.
>Country refers to: Texas, United States
Service Provider means any natural or legal person who processes the data on behalf of IM. It refers to third-party companies or individuals employed by IM to facilitate the Service, to provide the Service on behalf of IM, to perform services related to the Service or to assist IM in analyzing how the Service is used.
>Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Personal Data is any information that relates to an identified or identifiable individual.
>Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
>Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
COLLECTING AND USING YOUR PERSONAL DATA
-Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
>Email address
>First name and last name
>Phone number
>Address, State, Province, ZIP/Postal code, City
>Usage Data
-Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
-Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
>Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
>Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
>Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
-Use of Your Personal Data
IM may use Personal Data for the following purposes:
>To provide and maintain our Service, including to monitor the usage of our Service.
>To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
>For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
>To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
>To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
>To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
>With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
>For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
>With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
>With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
>With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
-Retention of Your Personal Data
IM will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
IM will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
-Transfer of Your Personal Data
Your information, including Personal Data, is processed at IM's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
IM will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
-Disclosure of Your Personal Data
Business Transactions
If IM is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, IM may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
IM may disclose Your Personal Data in the good faith belief that such action is necessary to:
>Comply with a legal obligation
>Protect and defend the rights or property of IM
>Prevent or investigate possible wrongdoing in connection with the Service
>Protect the personal safety of Users of the Service or the public
>Protect against legal liability
-Security of Your Personal Data
The security of Your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. IM will use all reasonable means to protect your personal data, including working with robust data protection tools available on the market to prevent hacking and theft of users’ personal data.
-Health Insurance Portability and Accountability Act (HIPPA) Compliance
Under United States Federal Law, you have certain data protections with regard to medically sensitive information. InstantMediations does not purport to offer a HIPPA compliant video or audio streaming service nor does InstantMediations assume responsibility for the misuse by any individual or entity of sensitive medical information transmitted across its platform. You understand it is your responsibility to utilize a HIPPA compliant platform when transmitting medically sensitive information across the internet.
ANALYTICS
We may use third-party Service Providers to monitor and analyze the use of our Service.
-Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic using cookies. Google uses the data collected to track and monitor the use of our Service. The information generated by the cookies about your use of the Service will be transmitted to and stored by Google on servers in the United States. If you access the Service through different devices, Google may associate your devices with one another. Google has developed the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js). You can prevent Google’s collection and use of the data it collects as defined in its policy by downloading and installing this browser plug-in: https://tools.google.com/dlpage/gaoptout?hl=en-GB. For more information about Google Analytics cookies, please see Google’s help pages (https://support.google.com/analytics/answer/6004245) and privacy policy (https://www.google.com/intl/en/policies/privacy/).
PAYMENTS
We use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal data is governed by their Privacy Policy. We are not responsible for these third-party payment processors.
The payment processors Instant Mediations works with are Stripe and Paypal. For more information on the privacy practices of these entities, please visit their privacy policies on Stripe.com and Paypal.com.
IM has limited ability to process refunds through a payment processor after a certain duration of time. In the instance of a refund, IM shall not pay back unused prorated membership fees, as membership dues paid to IM for use of its platform, are earned upon receipt.
OPT-OUT RIGHTS
You may opt out of receiving marketing materials from us by following the unsubscribe link or instructions provided in any email we send.
EU GENERAL DATA PROTECTION REGULATION
-Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Where EU data protection law applies, and where applicable under other data protection laws, we process your personal data for the following legal bases. Our legal basis for collecting and using the personal data described in this Privacy Policy depends on the personal data we collect and the specific context in which we collect it.
>Our Contract With You: Our processing is necessary to perform our obligations under a contract with you or to perform steps requested by you prior to entering into a contract with you (e.g., to verify the information you have provided to us).
>Our Legitimate Interests: Our processing is necessary for our legitimate interests, including to protect the security of our services; to protect the health and safety of you or others; to establish, protect and defend our legal rights and interests; to prevent fraud and verify identity. However, in no way will Instant Mediations engage in data profiling with the data obtained from its end users.
You have the right to complain to a Data Protection Authority about our collection and use of your personal data if you consider that the collection and use of your personal data violates this Privacy Policy or applicable law. For more information, please contact your local data protection authority in the European Union (EU).
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU), you have certain data protection rights. IM aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. The Administrator of your Personal Data is InstantMedications, LLC and the contact to the Administrator is [email protected].
In certain circumstances, you have the following data protection rights:
>The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
>The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete and to request that we restrict the processing of your personal information.
>The right to object. You have the right to object to our processing of your Personal Data.
>The right of restriction. You have the right to request that we restrict the processing of your personal data where (i) you contest the accuracy of the personal data; (ii) the use is unlawful but you do not want us to erase the personal data; (iii) we no longer need the personal data for the relevant purposes, but you require it for the establishment, exercise or defense of legal claims; or (iv) you have objected to our personal data use justified on our legitimate interests pending verification as to whether we have compelling interests to continue the relevant personal data use.
>The right to data portability. To the extent that we use your personal data on the basis of consent for the performance of a contract and that personal data is processed by automatic means, you have the right to be provided with a copy of the personal data we have on you in a structured, machine-readable and commonly used format, and also to require us to transmit it to another data controller where this is technically feasible.
>The right to withdraw consent. You also have the right to withdraw your consent at any time where IM relied on your consent to process your personal information. Please note that we may ask you to verify your identity before responding to such requests.
>The right to data portability. To the extent that we use your personal data on the basis of consent for the performance of a contract and that personal data is processed by automatic means, you have the right to be provided with a copy of the personal data we have on you in a structured, machine-readable and commonly used format, and also to require us to transmit it to another data controller where this is technically feasible.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Union (EU).
CHILDREN'S PRIVACY
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
LINKS TO OTHER WEBSITES
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.