Privacy Policy
INVISUS, LLC ("INVISUS" or "we") respects your individual privacy. This Privacy Policy documents our adherence to the highest industry standards for the protection of your personal information. By visiting this web site ("Site" ) or using any of the services offered on the Site, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. This Privacy Policy is effective as of August 1, 2007, applies to information collected through the Site and covers the following areas:
- What personally identifiable information is collected by INVISUS through the Site;
- How INVISUS uses this information;
- With whom INVISUS may share this information;
- What types of security procedures are in place to protect the loss, misuse or alteration of information under our control;
- How you can correct any inaccuracies in the information.
1. Information Collection and Use
INVISUS collects information on the Site at two different stages. First, we collect anonymous, aggregate information (such as domain name or IP address) from all visitors to the Site. This type of information is never linked to any personally identifiable information and is only used in the aggregate to generate statistical reports about the use of the Site. Second, we require the submission of certain personally identifiable information when you use the services available on the Site. For example, your use of your username and password allows us to identify you as a distributor of INVISUS® products.
2. Personal Information of Children Under 13
INVISUS complies with the requirements of the Children's Online Privacy Protection Act ("COPPA") and the FTC's rule interpreting COPPA (16 CFR § 512). This Site is not directed to children and we do not knowingly collect any personally identifiable information from children under 13 years of age through this Site.
3. Use of Your Personal Information
Except as otherwise provided in this Privacy Policy, INVISUS does not sell, rent, or share user information to or with any third party not affiliated with or owned by INVISUS, except service providers who may assist INVISUS in areas such as data storage. INVISUS will never give or sell your personal information to be used for the purposes of sending you unsolicited commercial offers (such as spam) from any third party. We will not ourselves use your personal information to send you unsolicited commercial offers. However, we may need to contact you for purposes other than marketing, as for example regarding the status of the Site, your account or other matters related to your role as a distributor of INVISUS® products. You may not opt-out of these kinds of communications.
4. Use of Aggregate Information
We store information that we collect through log files to create a profile of our users. Log files record internet protocol (IP) addresses, browser types, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Site, track a user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. A profile is stored information detailing how individual users use the Site. It is used solely for internal purposes, to help us improve the experience of our users. We do not share your profile with any third parties.
5. Disclosure of Personal Information As Required By Law
We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to (a) comply with a current judicial proceeding, a court order or legal process served on us, (b) protect and defend our rights, or (c) protect the rights, property, and other interests of our users or others.
6. Business Transfers
In the event INVISUS goes through a business transition or a transfer, such as a merger, acquisition by another company, or sale of a portion of its assets, or in the unlikely event that INVISUS goes out of business or enters bankruptcy, our users' personal information may be part of the assets transferred. You acknowledge that such transfers may occur, and that any acquiror of INVISUS or its assets may continue to use your personal information as set forth in this Privacy Policy.
7. Links
The Site contains links to other web sites. INVISUS is not responsible for the privacy practices or content of these other sites. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by our Site.
8. Security
INVISUS takes commercially reasonable precautions to protect your information. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information. We also make an effort to protect your information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers that store your personally identifiable information are housed in a secure environment. When registering for access to a secure area of the Site, we will ask you to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered site and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence when accessing your computer. If you have any questions about the security at our Site, you can send a message to the webmaster at webmaster@invisus.com.
9. Correcting, Updating, Deleting and Deactivating Personal Information
If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information.
10. Notification of Changes
If we decide to change our Privacy Policy, we will prominently post a notice on the main page and other pages to alert you of the change. If the Privacy Policy changes materially so that your personally identifiable information will be used in a manner different from that stated at the time of collection, we will try to contact you by e-mail to give you a choice as to whether or not we may use your information in this different manner. However, you are responsible for ensuring we have a current working e-mail address for you. If the e-mail address you have given us is incorrect or no longer operable, we will have no further obligation to notify you apart from posting the notice on our Site. In addition, if we make any material changes in our privacy practices that affect user information already stored in our database, we will post a prominent notice on the main page notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices.
INVISUS Terms and Conditions
This Agreement covers important topics such as when an account begins, how long it lasts, fees for early termination and late payments; our rights to change this agreement and your rights to alter your service; limitations of liability, use of information about you and settlement of disputes by arbitration instead of in court. If you accept this Agreement, it will apply to all services offered by INVISUS Direct. Its provisions also apply to any other transactions or agreements between you and INVISUS Direct, or INVISUS, LLC. To the extent their terms and conditions conflict with this agreement, this Agreement will govern.
About INVISUS Direct Services
INVISUS Direct offers computer and ID management services. Our services are designed to Simplify Your Life by managing many of the complex and threatening issues that confront you in this digital age. We offer various computer services designed to keep your computer running smoothly and safe. We also offer unprecedented identity protection services for you and your family. All of the INVISUS Direct services, whether subscribed to individually or in a bundle, are considered a single account for each subscriber and are covered in this Service Account Agreement.
Some features of the INVISUS Direct computer services may not be available to customers with dial-up or slow Internet connection speeds. Such limitations may be decided on a case by case basis at the discretion of our technicians. While we will continue to provide the most comprehensive services possible – striving to provide the industry’s best services overall, there are no discounts for limitations to services in such situations. All system and Internet connection requirements are clearly posted on the account sign-up page. It is the sole responsibility of the customer to be aware of their system limitations and Internet service before subscribing to our services.
Minimum One (1) Year Term
YOU ARE AGREEING IN ADVANCE TO SUBSCRIBE TO ONE OR MORE OF THE INVISUS DIRECT SERVICES FOR THE MINIMUM TERM OF ONE (1) YEAR. AFTER ONE YEAR, YOUR SERVICE ACCOUNT AGREEMENT WILL AUTOMATICALLY BECOME A MONTH-TO-MONTH AGREEMENT WITH INVISUS DIRECT.
The prices you pay, including initial month service setup fees and subsequent monthly fees, are all part of the first year minimum term. Your Service Account Agreement with INVISUS Direct starts on the day you subscribe to any INVISUS Direct Service. If you add additional subscription or services to your initial INVISUS Direct account, the term of your overall Service account Agreement is extended and ends 12 months (1 year) from the last date of change.
30 Day Service Guarantee
Computer Services: If the INVISUS Direct technicians are unable to perform any of our services on your computer(s) including checkup, cleanup, software installation, repair, tune-up, optimization or other services, you may cancel your computer service subscription(s) within the first 30 days for a full refund of the initial service setup without early termination penalties or other charges. If services are performed for the first time after the initial 30 day period and the INVISUS Direct technicians are unable to install the necessary programs or perform the services offered, a partial refund may be available based on a review of the circumstances. HOWEVER, NO REFUND WILL BE ISSUED IF ANY CHECKUP, CLEANING, DIAGNOSITC, OPTIMIZATION, REPAIR OR OTHER WORK ON YOUR COMPUTER(S) IS COMPLETED BY ONE OF OUR TECHNICIANS. INVISUS DOES NOT PAY FOR OR REFUND SHIPPING CHARGES. IF YOU DO NOT WANT TO ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT INSTALL, REGISTER OR ACTIVATE YOUR INVISUS DIRECT SERVICE(S).
Identity Protection Services: If you do not set up your identity protection service and do not utilize any of the identity protection services such as receiving your credit reports or any legal consultations or services, you may cancel your subscription to your Identity Protection services within the first 30 days for a full refund of the initial month service setup without any early termination penalties or additional charges.
Early Service Account Termination Fee
Except as explicitly permitted by this agreement, you are agreeing to maintain service with INVISUS Direct for a minimum of one (1) year plus any additional time required by any promotions or changes to your account or subscriptions you make or accept. After that, you'll become a month-to-month customer under this agreement. IF YOU CHOOSE TO END YOUR ACCOUNT BEFORE YOUR INITIAL 12 MONTH AGREEMENT EXPIRES (OR IF WE TERMINATE YOUR ACCOUNT EARLY FOR GOOD CAUSE), YOU MUST PAY A $45 EARLY ACCOUNT TERMINATION FEE. YOU MAY CANCEL DIFFERENT SUBSCRIPTIONS ASSOCIATED WITH YOUR ACCOUNT AT ANY TIME WITHOUT PENALTY. HOWEVER, THE CANCELLATION OF ALL SERVICES AND SUBSCRIPTIONS ASSOCIATED WITH THE ACCOUNT WITHIN THE FIRST 12 MONTHS CONSTITUTES EARLY ACCOUNT TERMINATION, IN WHICH CASE THE $45 EARLY ACCOUNT TERMINATION FEE APPLIES.
Privacy Policy
Your Service Account Information: The information you provided as part of your Service Account signup will be transmitted securely and your confidential information will be kept private. We will not share your Service Account information with others without your permission. We can, however, share and use this information as required by law, by legal processes, by exigent circumstances, or to protect ourselves. We can also use this information to communicate with you about goods and services related to INVISUS products and services.
Computer Information Privacy: All employees, agents or representatives that act on behalf INVISUS are contractually obligated to keep all information deserving legal protection confidential and private. Our technicians only interact with or work with files, programs, and information on your computer(s) that you provide or that are necessary to perform the services you request. Our technicians will not use the remote online connection tools to obtain confidential or sensitive information stored on your computer(s), deliberately damage the information on your computer(s), or cause you to experience system problems. The Internet itself is not a secure network. The best available technology does not and cannot guarantee that data that you transmit or receive over the Internet will not be intercepted or corrupted by sources beyond the control of INVISUS.
Computer Service: By design, you must request service from INVISUS and allow our technicians to work with you and your computer(s). INVISUS cannot gain access to your system in the absence of your request, on-line presence and involvement in the process. You have the option to allow, decline, halt the advancement of, and/or terminate the on-line remote session.
When you contact our technical support call center you will be connected to a technician. The technician will address the questions and technical difficulties you are seeking help to resolve with your computer(s). The technician may offer to remotely connect to your computer on a secure connection through the Internet to provide the service. Each session is private and secure, initiated at your request, and enables you to watch your technician work right on your screen. Once service has been provided, you will be able to terminate the connection, or watch the technician terminate the connection with your computer and peripherals. You may, however, exercise the option of maintaining a plug-in in-place for future sessions. You may only use the remote on-line support services during the session requested by you. You must initiate subsequent requests for service.
If resolving the difficulty that you sought the service for requires downloading software, accessing Internet resources through various portals or websites, technical support will offer you some suggestions but you will ultimately determine what you authorize or allow.
As part of the service, INVISUS may suggest that you license or use software from third parties in addition to INVISUS proprietary software. It is your responsibility to comply with all licensing and regulatory requirements associated with any third party software. You further understand and acknowledge that any software, materials or resources you acquire and/or install (or un-install) as part of the service provided by INVISUS may not function properly and/or cease to operate at any time. If you link to a web site that is provided for your convenience during the service, you acknowledge, agree and accept that the links provided/used are maintained by their respective organization, entity or business and that organization, entity or business is responsible for any and all content and/or consequences related to the use of those links/websites. In any event, other than INVISUS proprietary software, INVISUS does not represent, warrant or guarantee the reliability of any product that you choose to license or use at any time during, after, or prior to the Service.
INVISUS may from time to time be unable to provide the services requested. Examples that may render service temporarily unavailable include: catastrophic events, electrical power outages, website maintenance, virus activity, difficulty with Internet access that is beyond the control of INVISUS and other reasonable instances.
INVISUS recommends that you establish or maintain a separate and external backup file of the programs and information stored on your computer for the reconstruction of any data before seeking technical services from INVISUS.
INVISUS may temporarily suspend an account belonging to or associated with you if concerns arise regarding the use or nature of usage of your account. INVISUS reserves the right to refuse service and terminate or refuse a request for service on reasonable grounds.
Billing and Payments
Your monthly subscription fee will be billed and charged automatically to the credit or debit card that you used to initiate your original subscription, or by any other payment method approved by INVISUS Direct.
Multiple Computer Subscription Discounts: Additional subscriptions to INVISUS Direct’s computer services after the first computer on the same account are billed at a discount according to the published discounted rates. The first computer subscribed to any one of the services (or the computer with the highest level of service) is the Primary computer on the account. Additional subscriptions after the primary computer are billed at the published discount rates.
Changes to your monthly billing based on additions to or cancellations of your basic account package will be billed at a prorated rate based on the date of the change to your overall subscription. All subscriptions started on the 29th, 30th or 31st of any month will be billed on the 28th of each month thereafter. If you have multiple subscriptions, they will all be billed together once a month, on the day of your very first subscription.
If, for any reason, payment is not made on the day it is due, we may, to the extent permitted by law, charge a late fee of up to one and one-half percent (1.5%) a month (18 percent annually), or a flat $5 a month, whichever is greater, on unpaid balances. We may also charge for any collection agency fees billed to us for trying to collect from you.
We do not honor limiting notations you may make on any monetary vehicle you may use to make your payment. We may charge a $25 service fee for any returned check or denial of payment by credit card, depending on applicable law. We refund final credit balances of less than one dollar only upon request.
Service Upgrades, Downgrades, Transfers
Only the specific person whose name appears on the account can change the account status. Upgrades of any subscription to a more comprehensive or higher level services may be done at any time. The upgrade fee charged is the difference between your original service set-up fee that you paid for that subscription and the service setup fee of the new service you are upgrading to. Thereafter you will be required to pay the monthly service fee corresponding to the service you are on. Your minimum 1 year account contract will be extended an additional 12 months from the date of the upgrade.
All downgrades to a lesser service must be done by contacting our customer service department. There are no refunds for service set-up fees when downgrades are done.
A computer service subscription may be transferred from one computer to another. The service setup fee for the new computer on the service is 50% of the regular service setup fee for the associated service.
The identity protection service may not be transferred from one account to another.
Our Rights to Make Changes
Your account, subscription and service are subject to our business policies, practices and procedures, which we can change without notice. WE CAN CHANGE PRICES AND ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME BY GIVING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU ARE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 30 DAYS AFTER THE FIRST BILL WHEN THE CHANGES GO INTO EFFECT.
Our Rights to Limit OR End This Agreement
You agree not to use (or to permit your computer to be used) for any purpose that is illegal or not allowed by this agreement. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO: (a) paying late more than once in any 12 month period; (b) verbally or physically abusing our employees or agents; (c) lying to us; (d) interfering with network, customer service, or business operations; (e) becoming insolvent or going bankrupt; (f) breaching this agreement; (g) "spamming," "mail bombing," or other abusive messaging; (h) providing credit information we cannot verify; (i) using your service in a way that adversely affects service to other customers; or (j) allowing any unauthorized person or party to use your INVISUS software or services without being a legal customer of INVISUS Direct. We can also temporarily limit your service for any business or governmental reason.
Your Privacy
Except as follows, we will not share personal information about you with others without your permission. We can, however, share and use this information as required by law, by legal processes, by exigent circumstances, or to protect ourselves. We can also use this information to communicate with you about goods and services related to INVISUS products and services or its affiliates, and we can share it with our affiliates when related to goods and services already associated with us and our affiliates. You can call us anytime if you do not wish us to use this information to communicate about such other goods and services with you or you do not wish us to share this information with our affiliates.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLDING, TO THE EXTENT PERMITTED BY FEDERAL, STATE, AND LOCAL LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF CONCERNING YOUR SERVICE OR THE PRODUCTS ASSOCIATED WITH THAT SERVICE. WE CANNOT PROMISE ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOES NOT DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.
Waivers and Limitations of Liability
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL CLAIM OF SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. You agree that we are not liable for problems caused by you or a third party; by networks congestions, weather or other things we don't control; or by any act of God.
Dispute Re: Service and Mandatory Arbitration
INSTEAD OF SUING IN A COURT OF LAW, WE EACH AGREE TO SETTLE DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD THE SAME DAMAGES AND RELIEF AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT, AS A COURT WOULD. TO THE FULLEST EXTENT PERMITTED BY LAW WE EACH AGREE THAT:
1. THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE SETTLED BY ONE OR MORE NEUTRAL ARBITRATORS ON AN INDIVIDUAL BASIS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THIS DOES NOT CHANGE YOUR SUBSTANTIVE RIGHTS, JUST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF APPROPRIATE FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES AND THEY CAN STILL, IF THE LAW ALLOWS, SEEK RELIEF AGAINST US ON YOUR BEHALF.
2. ONLY AN ARBITRATOR CAN DECIDE WHETHER AN ISSUE IS ARBITRABLE. AN ARBITRATOR CAN ALLOCATE THE FEES AND COSTS OF ARBITRATION IN AN AWARD. IF APPLICABLE STATUE PROVIDES FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR CAN AWARD THEM TOO. ANY ARBRITRATION AWARD MADE AFTER COMPLETION OF ANY ARBRITATION IS FINAL AND BINDING AND MAY BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
About You
You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are ordering for a company, you are representing that you are authorized to bind it and where the context requires, "you" means the company.
About This Agreement
A waiver of any part of this Agreement in one instance won't be a waiver of any other part or any other instance. You cannot assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement without notice, and you agree to make all subsequent payments as instructed. NOTICES ARE CONSIDERED DELIVERED 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU, IF BY US, OR TO THE CUSTOMER SERVICES ADDRESS ON YOUR MOST RECENT BILL, IF BY YOU. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this agreement. This agreement and the documents to which it refers form this entire agreement between us on their subjects. You cannot rely on any other documents or statements on this subjects, and you have no other rights with respect to service or this Agreement, except as specifically provided by laws. This Agreement is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents and predecessors and successors in interest. It is governed by the laws of the state of Utah.
