This Privacy Notice (this “Notice”) governs the manner in which ImmersiveTouch, Inc. (“Company”) collects, uses, maintains, and discloses Personal Information collected when users (“you,” “your”) access, download, and/or use the ImmersiveView application, any extensions such as ImmersiveTrauma, and any other application, platform, or service on which this Notice resides or is incorporated by reference (collectively, the “Application”).  Please read this Notice carefully before using the Application.  By providing Personal Information through the Application, you acknowledge this Notice, and you are consenting to the collection, use, and disclosure of that information in accordance with this Notice.

Your download of, access to, and use of the Application are subject to our Terms of Use (“Terms”).  Certain capitalized terms that are used but not defined in this Notice have the meanings ascribed to them in the Terms.

Personal Information

In certain areas of the Application, you may have the ability to upload or otherwise provide personally identifiable information, personal information, or other information that is linkable to a particular individual (collectively, “Personal Information”).  In the event you upload or provide (including in or in connection with any User Content, as defined in the Terms) Personal Information of, and/or any other information relating to, patients, prospective patients, or other third party individuals, you represent and warrant that you have obtained all authorizations or consents as legally required to upload such information via the Application or otherwise disclose it to Company including, for Company’s processing, use, distribution, publication, and disclosure in accordance with the Terms hereof (proof of which authorizations and/or consents you shall provide to Company in accordance with Company’s requirements or requests from time to time).  Without limiting the foregoing, you warrant and represent that you will not upload or otherwise provide any “protected health information” (“PHI”) as defined and described in the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”), any “medical information” as defined and described in the California Confidentiality of Medical Information Act, or any biometric information, genetic information, or medical-related or health-related Personal Information of, or relating to any patient, prospective patient, or other third-party individual except to the extent expressly authorized by any applicable Master Agreement, Additional Agreement(s), or otherwise in writing by Company, and then only in accordance with all legally required patient authorizations and/or consents (proof of which authorizations and/or consents you shall provide to Company in accordance with Company’s requirements or requests from time to time).  You understand and agree that, notwithstanding anything to the contrary contained therein, the Privacy Policy available at https://www.immersivetouch.com/privacy-policy shall not apply to any Personal Information uploaded, provided, or otherwise processed in connection with the Application or the use thereof, and that the collection, use, and disclosure of Personal Information uploaded, provided, or otherwise processed in connection with the Application shall be governed solely by this Notice, the Terms, and any applicable Master Agreement or Additional Agreement(s).

Without limiting the generality of the foregoing or any other provision in this Notice, Personal Information collected on and in connection with the Application by Company and its vendors and service providers may include, without limitation, contact information and identifiers (such as names, email addresses, Login Credentials, phone numbers, and mailing addresses); device, Internet, and network activity information (such as information about the browser, device and operating system you are using, device identifiers, MAC addresses, IP addresses, and analytics and information about how you interact with the Application, which may include mouse movements, screen captures, and content entry); employment-related information; location information; demographic information; and any Personal Information you may upload or otherwise provide or make available in connection with the use of the Application.  Company may collect Personal Information directly from you, from your device (including through the use of tracking tools including cookies and web beacons), from vendors Company hires to work on Company’s behalf, and other third parties.  To the extent permitted by applicable law and without limiting anything contained in this Notice, Company may use Personal Information for a variety of business, commercial, and other reasons, including, without limitation, to provide, distribute, and develop Company’s products and services; to respond to requests and questions; to analyze and improve Company’s products and services; to comply with Company’s obligations and administer Company’s applications, websites, products, and services; for security, safety, and due diligence purposes; and as otherwise required, disclosed or permitted by law, or as Company may notify you.  To the extent permitted by applicable law, Company may also use your contact information and device, Internet, and network activity information for marketing purposes.  To the extent permitted by applicable law and without limiting anything contained in this Notice, Company may share Personal Information with other parties, including, without limitation, any parent, subsidiary, or affiliate; with vendors and service providers that perform services on Company’s behalf; with hospitals, medical services entities, and business partners (subject to any applicable provisions in any applicable Master Agreement, if any); with third parties for safety and security purposes, if Company thinks it has to in order to comply with the law, or to protect Company and/or others; with third parties as part of a transaction, financing, due diligence or for other business needs; with a successor to all or part of Company’s business; and for other reasons Company may describe to you from time to time or as permitted or required by law.  To the extent permitted by applicable law, certain Personal Information and other User Content (as defined in the Terms) may be shared with, or otherwise made available to, third parties and the general public, including in and in connection with the Company Generated Materials (as defined in the terms).

Personal Information Company collects may be transferred to, processed in, or stored in the United States or in other countries where data protection laws may not be as comprehensive as those in your country of residence.  By requesting login credentials for the Application and/or accessing, downloading, and/or using the Application in any way, you consent to such transfer, storage and processing.  If you have questions about Company’s processing of Personal Information, you may contact Company at sales@immersivetouch.com.

You represent and warrant that the information you provide is true and accurate and agree to update the information thereafter in the event of any changes.  You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Application.  You represent, warrant, and covenant that you will abide by all applicable laws, rules, and regulations in connection with the use of the Application, including, without limitation, those related to data privacy, communications, and the transmission of technical or personal data.  You agree that any unauthorized use of the Application (or any data derived therefrom) by you may result in immediate suspension or termination of Application access.

Security

Company seeks to use commercially-reasonable data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information under Company’s control, in accordance with this Notice.  However, the Internet may be subject to breaches of security.  Company is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction.  You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information or uploading information to the Application.  Company makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Application.  The Application may be temporarily unavailable due to maintenance or malfunction of computer equipment.

Third Party Websites

The Application may hyperlink to sites not maintained by or related to Company.  Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Application or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third party sites.  Information you submit at a third party site accessible from the Application is subject to the terms of that site's privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.

Updating Your Information

It is your responsibility to maintain the currency, completeness, and accuracy of Personal Information you provide in connection with the Application, and any loss caused by your failure to do so is your responsibility.  You may use the Application to update such Personal Information, or you may contact Company using the details below.  Company will take reasonable steps to update or correct Personal Information that you have submitted via the Application.

Data Retention

Company will retain your information for as long as needed to provide services to you, for Company's valid business purposes, and as necessary to comply with Company's legal obligations, resolve disputes, defend its legal rights, and enforce its agreements.  Notwithstanding the foregoing, as stated in the Terms, Company may, in its sole discretion, and at any time, discontinue the Application or any access thereto or features thereof, with or without notice, or may prevent your use of the Application (or any features, content, or materials associated therewith) with or without notice to you and without liability to you.

Changes to this Notice

Company has the discretion to update or change this Notice at any time.  Any changes will become effective when the revised Notice is available via the Application.  Your use of the Application following these changes means that you accept the revised Notice.  Company recommends that you regularly review the Notice when you access the Application.

New Uses of Personal Information

From time to time, Company may desire to use Personal Information for uses not previously disclosed in this Notice.  If Company's practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Notice in effect at the time the information was collected, Company will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contacting Company

ImmersiveTouch, Inc., located at 910 West Van Buren St., Suite 715, Chicago, IL, 60607 (phone number +1 773 840 5227, email sales@immersivetouch.com), is the company responsible for the collection, use, maintenance and disclosure of Personal Information under this Notice.  If you have any questions about this Notice, please contact Company via the details above.