Last Modified: April 23, 2021
Policy Regarding Individuals Under 18 Years of Age
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.
- 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.
- Personal Information
- 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
- 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.
- 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.
Rights you Grant to IVPN
Your Information Representations and Warranties
Changing your User Information and Personal Information
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: ContactUs@ivpnet.com.
All members have the ability to access the IVPN on-line portal to make updates to their information and/or review their account activity.
Disclosure of your User Information and Personal Information
- Affiliated Companies
We may disclose information to our subsidiaries and other affiliated companies for the sole purpose of providing you with access to our App and answering questions you may submit about Services offered on our App.
- Agents, Consultants, and Service Providers
We may employ third-party agents, consultants and 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.
- Aggregated Information; Non-Personal Information
We may aggregate your User Information and 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 with or sell to third parties, Aggregated Information about our User base, 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 from such information anything that personally identifies you or combining it with other information so that it no longer personally identifies you.
- 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.
- 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.
IVPN may post User testimonials on the App, which may contain User Information or Personal Information.
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.
- Inside and Outside of the United States
- Third-Party Cookies
- 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.
Invitations to IVPN
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.
Blogs, Forums, Chat Rooms, and Bulletin Boards
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.
- 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.
- 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: ContactUs@ivpnet.com. 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.
Copyright Infringement Notice (DMCA Policy)
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.
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
6501 Congress Avenue
Boca Raton, FL 33487
Pursuant to Title 17, U.S. Code, Section 512(c)(2), the Notification must include the following:
- 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;
- 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;
- 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;
- 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;
- 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
- 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):
- IVPN will remove or disable access to the material that is alleged to be infringing;
- IVPN will attempt to forward the written Notification to the alleged infringer; and
- IVPN will take reasonable steps to attempt to notify the alleged infringer that IVPN has removed or disabled access to the material.
- 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:
- A physical or electronic signature of the party;
- 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;
- 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;
- The party’s name, address and telephone number; and
- 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):
- IVPN will attempt to provide the Complaining Party with a copy of the Counter Notification;
- 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;
- 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.
- Repeat Infringers
It is our policy in appropriate circumstances to disable or terminate the accounts of Users who are repeat infringers.
- 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”).
- 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”).
- 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”).
- Limited License and Prohibited Use
Links to Third Party Apps
CAN-SPAM Act Compliance
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.