PRIVACY POLICY

Last updated: August 24, 2020

OVERVIEW

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

This Privacy Policy applies to information collected on our websites located at www.implus.com, www.rocktape.com, and www.fmtplus.com. (the “Website”), any current or future mobile application associated with the Website, and other offerings that we control that post a link to this Privacy Policy, or any associated content, material, or service contained on the Website or mobile application (collectively, the “Services” and, together with the Website and the mobile application, the “System”).

WHAT INFORMATION DO WE COLLECT?

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

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

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

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

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

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

COOKIES

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

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly or more slowly.

GOOGLE ANALYTICS

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

CORRESPONDENCE

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

HOW DO WE USE THE INFORMATION THAT WE COLLECT?

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

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

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

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

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

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

WITH WHOM DO WE SHARE INFORMATION THAT WE COLLECT?

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

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

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

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

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

JOB APPLICANTS

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

WHAT CHOICES DO YOU HAVE?

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

HOW CAN I OPT-OUT OF PROMOTIONAL CORRESPONDENCE?

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

HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?

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

USER-PROVIDED CONTENT

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

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

CHILDREN

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

VISITING THE SYSTEM FROM OUTSIDE THE UNITED STATES

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

CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

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

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

Please direct any such rights requests (as further described below) or additional questions that you may have regarding this Privacy Policy to: [email protected].

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

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

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

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

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

OTHER DATA PROTECTION RIGHTS

Subject to applicable data protection laws, you may have the right to access, update, and correct inaccuracies in your personal information in our records. Please send such requests to [email protected]. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information.

DO NOT TRACK REQUESTS

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

CHANGES TO OUR PRIVACY POLICY

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

WHOM CAN YOU CONTACT FOR MORE INFORMATION?

If you have any questions or suggestions about the System, Implus, or our privacy practices, please contact us at [email protected].