Privacy Policy

This Privacy Policy covers information provided to IVPN through the App. By providing information to IVPN through the App, you acknowledge and agree that such information is governed by this Privacy Policy. This Privacy Policy also does not apply to information submitted to third parties, regardless if you link to a third party through the App. Information you provide to third parties or is collected by third parties, which may include location data, contact information and personal information, is governed by the terms and conditions and privacy policies of such third parties. We encourage you to learn about such terms and conditions and privacy policies prior to accessing third party apps or content, or otherwise disclosing information to such third parties.

The App is intended for access and use by individuals who are at least 18 years of age and older. Persons under the age of 18 are not allowed to access or use the App. We do not knowingly collect information (as defined below in Section “Your Information”) from or about anyone under the age of 18. If you are under the age of 18, you should not attempt to access or use the App and/or send any Personal Information about yourself to us. If we discover that we have collected Personal Information from or about someone under the age of 18, we will delete that information as soon as possible.

IVPN collects different types of information. Some of the information collected from you may be personally identifying information while other information is aggregated and non-identifying.

1. User Information – User information is the unique information you provide to IVPN through the App such as your IP address and information related to your use of the App (“User Information”). User Information may include:

• • Geo-location Data. If you use the App through your smart phone or other mobile device, we will automatically collect your geo-location information. You may at any time opt-out of providing geo-location data through the settings on your device or the App, but if you do so, some features of our App and Services may be limited.
  • Device Type. When you use the App through your smart phone or other mobile device, we automatically collect the device type and advertising identifier, a unique identifier generated within the device, and we may store this information.
  • Tracking Information. Tracking information is automatically collected and stored as you navigate through the App, including, but not limited to, page views, referring/exit pages, information about how you interact with the App’s pages and third-party links, as well as traffic and usage trends on the App. This also includes information about which retailers, features, and promotions you interact with within IVPN and what related services you use.

IVPN will not share or distribute your User Information, except as provided in our Terms of Service of Use, this Privacy Policy, or as may be required by law. In accordance with our Terms of Service of Use, we may use your User Information to deliver products to you, provide you with requested content or information, or to prevent or address service or technical problems with our App. We may also use your User Information to provide you with user support.

2. Non-Public Personal Information – Non-Public Personal information consists of personally identifiable information you provide to IVPN through the App and may include your name, username, password, and other login information (“Personal Information”). IVPN will not share or distribute your Personal Information, except as provided in our Terms of Service of Use, this Privacy Policy, or as may be required by law. To register for an account, you must provide the required Personal Information. We may also use your Personal Information to:

• • Verify your identity
  • Provide you with access to our App
  • Answer questions you may submit about Services offered on our App and respond to your other inquiries
  • Provide you with requested content or information
  • Provide service, technical or other user support
  • Send important notices about changes to our terms, conditions, and policies
  • Make it easier for you to log back into and use the App
  • Contact you about promotions
  • Manage your account
  • Help us understand who is using the App
  • Enforce our Terms of Service of Use
  • Comply with applicable laws
  • Facilitate payment processing for IVPN services

3. Aggregated Information – IVPN exclusively owns all rights, title, and interest in and to all aggregated, anonymous data and statistical information about the use of the App and users of the App (“Aggregated Information”). We have no obligation to retain, provide you with copies of or protect the confidentiality of any Aggregated Information.

4. User Generated Content – IVPN exclusively owns all rights, title, and interest in and to all feedback, suggestions, enhancement requests and recommendations, as well as all content you generate or provide, that are posted on or submitted to the App or otherwise provided to IVPN and relating to the App (“User Generated Content”). We have no obligation to retain, provide you with copies of or protect the confidentiality or privacy of any User Generated Content. We may, but are not obligated to, collect, store, analyze, use, and disclose your User Generated Content. You hereby acknowledge and agree that IVPN has the right to use, copy, distribute and disclose to third parties any User Generated Content in whole or in part for any purpose. You also hereby agree that IVPN may disclose your User Generated Content and display your User Generated Content on the App.

Subject to the Terms of Service of Use and this Privacy Policy, you hereby grant IVPN a limited, non-exclusive, royalty-free, fully paid-up, worldwide right, and perpetual license to use your User Information and Personal Information. You also hereby assign to IVPN all of your rights, title and interest in and to all of your User Generated Content, including, without limitation, all intellectual property rights relating to your User Generated Content. At IVPN’s request and expense, you will execute all reasonable documents and take such further acts as IVPN may reasonably request to assist the company to acquire, perfect and maintain such intellectual property rights in the User Generated Content.

By submitting information to IVPN through the App, you represent and warrant to IVPN that you are entitled to submit such information to IVPN and that IVPN is entitled to use such information as set forth in the Terms of Service of Use and subject to this Privacy Policy, without any restrictions or limitations and without any monetary or other obligation by IVPN. From time to time, we may need your permission to do things with the information you submit to IVPN through the App to be able to provide you with the App. You hereby provide IVPN with your express permission to do those things as set forth in our Privacy Policy. This permission also extends to third parties we work with to provide you with the App.

You may request access to any of your User Information or Personal Information which is stored within our secure database. You may also request that we update or change your User Information or Personal Information if it is incomplete or incorrect. To provide an update or request a change to your User Information or Personal Information, please contact us in writing at the following email address: [email protected]

All members have the ability to access the IVPN on-line portal that may be assessed from various sites under various titles to make updates to their information and/or review their account activity.

In addition to specific requests by you, we will only disclose User Information, Personal Information or both, to third parties in the following circumstances and for the following reasons. This disclosure may be made without further notice to you (and you hereby expressly authorize IVPN to share such information under such limited circumstances, provided we do so in a manner consistent with this Privacy Policy):

1. Affiliated Companies – We may disclose information to our wholly-owned subsidiaries for the sole purpose of providing you with access to our App and answering questions you may submit about Services offered on our App.
2. Third-Party Service Providers – We may employ third-party service providers to facilitate our App and Services, provide the App and Services on our behalf, provide customer support, perform App-related services (e.g., without limitation, maintenance services, hosting, database management and improvement of the App’s features), or assist us in analyzing how our App and Services are used. These third parties are authorized to access and use your User Information, Personal Information or both only to perform these tasks on our behalf.
3. Aggregated Information; Non-Personal Information – We may aggregate your User Information and Non-Personal Information or both with other Users’ information and gather broad demographic data about our Users for many purposes, including to improve the IVPN Site, App and Services, and for business and administrative purposes. IVPN may share, or sell, Aggregated Information about our User base with, or to, third parties, including information on how Users interact with our App and Services for industry analysis, demographic profiling and targeted advertising about other products and services. We will only do so after either removing Personal Information from such information anything that personally identifies you or combining it with other information so that it no longer personally identifies you.
4. Advertising – Targeted or behavioral advertising involves Non-Personal information we collect about you, as described in this Privacy Policy, to determine which advertisements should be displayed to you via the App and which does not include Personal information.
5. Business Transfers – From time to time, we may buy, sell or reorganize businesses or assets. In the event of an acquisition, sale, merger, reorganization, dissolution or similar event, User Information, Personal Information or both may be part of the transferred assets and the same shall remain subject to the terms and conditions of Terms of Service of Use and this Privacy Policy.
6. Legal Requirements – IVPN may disclose your User Information, Personal Information or both if required to do so by law, in circumstances to protect the personal safety of Users or the public, or based on the good faith belief that such action is necessary to: (i) comply with a legal obligation; (ii) enforce, protect or defend the rights or property of IVPN; or (iii) act with urgency against legal liability.
7. Know Your Customer – In order to comply with legal and regulatory obligations, IVPN may collect, use, and disclose Personal Information for Know Your Customer (KYC) purposes (“KYC Information”). KYC is a standard procedure in financial services and various other industries to verify the identity of our customers and such KYC Information may be shared with third-parties specifically for KYC purposes. We are committed to safeguarding the privacy and security of your personal information. IVPN may collect the following categories of personal information for KYC purposes: (i) your full name, date of birth, nationality, gender, and government-issued identification documents (e.g., passport, driver’s license); (ii) your email address, phone number, and physical address; (iii) in some cases, we may collect financial information, such as bank account details or other financial documents; (iv) we may collect photographs or images to verify your identity which may include state drivers’ licenses or other identification; (v) any additional information required to comply with legal and regulatory requirements for KYC purposes.
8. User Testimonials – IVPN may post User testimonials on the App, which may contain User Information or Personal Information, to the extent IVPN has received permission from the customer to use Personal Information, which will be limited to first name, the first initial of the last name, and the city and state of the customer.

1. Security – While the security of your User Information and Personal Information is important to us, no Internet or email transmission is ever fully secure or error-free, and you should take special care in deciding what information you send through the App. In the event that an unauthorized third party compromises our security measures or the security measures of a third party (such as your Internet service provider), we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disclose your information. Also, administrative agencies or courts of competent jurisdiction may order the disclosure of the information we collect. We cannot guarantee, and you should not expect the information you provide to us will always remain private. Please keep this in mind when disclosing any User Information or Personal Information through the App.

2. Inside and Outside of the United States – If you are using the App from outside the United States, please be aware that your information may be transferred to, stored, processed, used, and disclosed in the United States. Likewise, if you are using the App from within the United States, please be aware that your information may be transferred to, stored, processed, used, and disclosed outside of the United States. The data protection and other laws of such jurisdictions may not be as comprehensive as or otherwise differ from those of your home country. This Privacy Policy applies regardless if IVPN transfers, stores, processes, uses or discloses your information inside or outside of the United States.

1. Cookies – A “cookie” is a small text file that is stored on a computer for record-keeping purposes. We use cookies on the App. We do not add the information we store in cookies to Personal Information you submit through the App. We use both “session ID cookies” and “persistent cookies.” A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use session cookies to make it easier for you to navigate the App. We use persistent cookies to store a unique cryptographic hash value, so you do not have to enter your username more than once on a given computer. You can remove persistent cookies by following the directions provided in your Internet browser’s help file. You may disable cookies on your web browser; however, this may cause certain features on the App to be disabled or not function properly.

2. Third-Party Cookies – The App may use cookies that permit select third-party partners to present to you IVPN-related content on their Apps or elsewhere on the Internet. This is based on your prior visits to the App. We do not have access or control over these cookies, and the use of cookies by third parties is not covered by this Privacy Policy.

3. Web Beacons – IVPN uses “web beacons” and usage analytics software. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. Except to comply with applicable law or identify and protect against fraudulent transactions, we do not tie the information gathered by web beacons to your Personal Information.

If you choose to invite an individual to use the App or Services, you will need to provide his or her name as well as email address or phone number. IVPN stores this information to send an invitation to such individual and to track the results of the invitation referral. You may not provide the name or email address of anyone under 18 years of age.

The App may include blogs, forums, chat rooms and bulletin boards (each, a “Forum”), which allow users to interact and post User Generated Content. IVPN does not prepare, approve, or endorse any User Generated Content that may appear in a Forum. You acknowledge and agree that IVPN has no control over and is not responsible for the accuracy, correctness, timeliness, safety or legality of any User Generated Content. You may find User Generated Content to be deceptive, inaccurate, harmful, or offensive. Please use caution and common sense when reading User Generated Content posted in our Forums and do not rely solely on such information. You hereby acknowledge and agree that your use or reliance on any User Generated Content is at your own risk. IVPN reserves the right, but not the obligation, from time to time and at our sole discretion for any reason or no reason, to monitor, edit, remove or re-post User Generated Content posted in our Forums.

1. Newsletter – If you wish to subscribe to our newsletter, we will use your name, date of birth, title and email address to send the newsletter to you. Out of respect for your privacy, we provide you with a means to unsubscribe from our newsletter. For details on how to opt-out of receiving our newsletter, please see the “Opting-Out of Future Contact” section of this Privacy Policy.

2. Blogs, Forums, Chat Rooms and Bulletin Boards – If you visit or participate in a Forum on the App, you should be aware that any User Information, Personal Information or User Generated Content that you submit in a Forum can be read, collected, stored, and used by other users of such Forum, and could be used to send you unsolicited messages. We are not responsible for the User Information, Personal Information or User Generated Content that you choose to submit in a Forum.

3. Opting Out of Future Contact – You may opt-out of receiving correspondence from IVPN by clicking on the unsubscribe link set forth in an email from us or by sending an email to the following email address: [email protected]. Please note that opting out of receiving future contact from IVPN may cause you to lose some or all of the benefits of using the App. We will take reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to 30 days as we process your request.

We respect the intellectual property rights of our Users and third parties, and we comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). This DMCA Policy addresses how we handle notices of alleged copyright infringement appearing on the App.

1. Notification – Pursuant to the DMCA, notifications (each, a “Notification”) of alleged copyright infringement appearing on the App must be sent in writing to IVPN’s designated agent (“Designated Agent”) as follows:
   iVertical Payment Network, LLC
   1200 N, Federal Hwy., Suite 300,
   Boca Raton, FL 33432
   [email protected] to Title 17, U.S. Code, Section 512(c)(2), the Notification must include the following:
   1. A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single Notification, a representative list of such works;
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IVPN to locate the material;
   4. Information reasonably sufficient to permit IVPN to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
   5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
   6. A statement under penalty of perjury that the information in the Notification is accurate and that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   Upon receipt of the written Notification containing the information as outlined in 1 through 6 (i through vi) above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):

   1. IVPN will remove or disable access to the material that is alleged to be infringing;
   2. IVPN will attempt to forward the written Notification to the alleged infringer; and
   3. IVPN will take reasonable steps to attempt to notify the alleged infringer that IVPN has removed or disabled access to the material.

2. Counter Notification – Pursuant to Title 17, U.S. Code, Section 512(c)(2), a party may counter a Notification by providing a written communication (each, a “Counter Notification”) to IVPN’s Designated Agent that includes substantially the following:
   1. A physical or electronic signature of the party;
   2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
   3. A statement under penalty of perjury that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
   4. The party’s name, address and telephone number; and
   5. A statement that the party consents to the jurisdiction of Federal District Court for the judicial district in which the party is located, or if the party’s address is outside of the U.S., for any judicial district in which the App may be found, and that the party will accept service of process from the person who provided the Notification or an agent of such person.

   Upon receipt of a Counter Notification containing the information as outlined in 1 through 5 (i through v) above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):

   1. IVPN will attempt to provide the Complaining Party with a copy of the Counter Notification;
   2. IVPN will attempt to inform the Complaining Party that IVPN will replace the removed material or cease disabling access to the removed material within 10 business days;
   3. IVPN will replace the removed material or cease disabling access to the removed material within 14 business days following receipt of the Counter Notification, provided IVPN’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the party providing the Counter Notification from engaging in infringing activity relating to the removed material on IVPN’s network or system.

3. Repeat Infringers – It is our policy in appropriate circumstances to disable or terminate the accounts of Users who are repeat infringers.

1. App Materials – IVPN owns all rights, title and interest in and to the App including, without limitation, the look and feel, design and organization, and the compilation of the content, code, data and other materials on the App (collectively, “App Materials”).
2. Names, Markings and Other Intellectual Property Rights – IVPN owns all rights, title and interest in and to the name iVertical Payment Network and all copyrights, service mark rights, trademark rights, trade dress rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights relating to the App or otherwise owned or operated by IVPN. This includes all of IVPN’s URLs, App domain names, graphics, logos, page headers, button icons, scripts and other markings (collectively, “Other Intellectual Property Rights”).
3. App Content – IVPN owns all rights, title and interest in and to all content on the App, including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files (collectively, “App Content”).
4. Limited License and Prohibited Use – You may not use any of the App Materials, Other Intellectual Property Rights or App Content without our prior express and written permission. You shall not delete or in any other manner alter the copyright, trademark and other proprietary notices appearing on the App. We make no proprietary claim to any third-party names, copyrights, service marks, trademarks or trade dress appearing on the App. Any third-party names, copyrights, service marks, trademarks or trade dress appearing on the App are property of their respective owners. Without our express, prior written consent, you may only print, download or otherwise use the App Materials, Other Intellectual Property Rights and App Content for a User’s personal, non-commercial use consistent with the Terms of Service of Use and applicable law. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use is permitted. Your use of the App does not grant to you ownership of any content, code, data or other materials you may access on or through the App. IVPN expressly reserves all rights not expressly granted to you in the Terms of Service of Use and this Privacy Policy.

The App may contain links to third-party Apps. These links do not constitute an endorsement by IVPN of those Apps, nor the products or services promoted on or offered through those Apps. We are not responsible for the terms and conditions of use, privacy policy, practices or the content of such third parties or their Apps. We encourage our Users to be aware of when they leave the App and to read the terms and conditions of use and privacy policy of each App that they visit. If you have a question about the terms and conditions of use, privacy policy, practices or content of a third-party App, please contact the applicable third party directly. If you want to opt-out of receiving emails and other future contact from such a third party, you must contact the applicable third party directly. You acknowledge and agree that IVPN shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties.

We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”). All emails you receive from IVPN are intended to fully comply with the CAN-SPAM Act.

IVPN may amend this Privacy Policy at any time and in its sole discretion. You should review this Privacy Policy for amendments each time you use the App. For your convenience, at the top of this document, we post the last date this Privacy Policy was updated. If our Privacy Policy is amended, the amended Privacy Policy will take effect immediately for all Users of the App. Your continued use of the App, following an amendment, will be evidence to your acceptance of the amended Privacy Policy.

Capitalized terms not defined in our Privacy Policy will have the meaning ascribed to such terms in our Terms of Service. Accordingly, the Terms of Service of Use are hereby incorporated by reference into this Privacy Policy.