Terms of Use and Privacy Policy

Last Modified: June 1, 2020

Thanks for visiting our website. To make this document easier to read, we’re going to use some abbreviations throughout. “IFM” or “us” or “we” refers to Insight Financial Marketing, LLC together with its affiliates and all of their parent companies and subsidiaries. Our “website” refers to the domains https://infimark.com, as well as the content and webpages on the website and the social media pages offered by IFM. “You” refers to you and other users of the website.

Accepting these Terms of Use and Privacy Policy

Please read this Terms of Use and Privacy Policy (“Terms of Use” or “Privacy Policy”) carefully as they control your use of our website and discuss how we collect, use, share and process your information. By accessing our website, you agree to these terms and consent to having your data transferred to and processed in the United States. If you have any questions or comments, you may contact us at [email protected].

General Terms of Use

You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website in the following manners:

• in any way that violates any applicable local or international law or regulation;
• for the purpose of exploiting, harming or attempting to exploit or harm others, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to transmit any unsolicited or unauthorized advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• to impersonate or attempt to impersonate IFM, an employee of IFM, another user or any other person or entity;
• in any manner that could disable, overburden, damage, or impair the website or restrict, inhibit, or interfere with anyone’s use or enjoyment of the website;
• use any robot, spider or other automatic device, process or means to access the website for any unlawful purpose or in violation of these Terms of Use;
• use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without IFM’s prior written consent;
• introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and/or
• attempt to gain unauthorized access to, interfere with, attack, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.

We have the right to disable, if applicable, any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Your Personal Information: How We Collect, Use and Share It

Below is a brief overview of the personal information we collect and the purpose for our collection. A more detailed description is found below.

What We Collect and How It Is Used

We collect data from you when you provide it to us, including when you send, receive, or engage in messages with us, i.e., customer support messages. We retain those communications to process your inquiries, respond to your requests, and improve our products and services. We use cookies and similar technologies as described in our Cookies Policy. By using our website, you agree to our Cookies Policy.

When you request information from our website or to be on our mailing list, we collect your IP address, name, phone number, email address and other information that you may provide. We use this information to provide you with our marketing and company materials and to provide the information you request concerning our products and services.

We will otherwise only collect and process personal data about you where we have a lawful basis. These include your consent, an agreement (such as these Terms of Use) and other legitimate interests. These legitimate interests include compliance with applicable law, administration of our business, managing corporate transactions, and to generally understand and improve our business and customers, provided that the foregoing adequately protects your rights. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time, and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful basis upon which we collect and use your personal data, please contact us at [email protected].

Service and Marketing Messages

We may use your information to contact you about product and service offerings by email or otherwise. You have the right to opt-out of such messages. We may use your information to investigate, respond to and resolve legal, security or technical issues and complaints and as necessary for security purposes or to investigate possible fraud, violations of law or violations of these Terms of Use. We may use your information to contact you about these security, legal and other service-related issues. Please be aware that you cannot opt-out of receiving such messages from us.

Legal Notices

We may use your personal information to provide you with notice regarding a security incident or data breach, by: (i) sending a message to the email address you provide (as applicable); (ii) posting to a publicly facing page of our website; (iii) through major statewide media; and/or (iv) telephonic means, including calls and/or text messages, even if sent via automated means including automated dialers (standard text and data messaging rates may apply from your carrier). Notices sent by e-mail will be effective when we send the email, notices we provide by posting will be effective upon posting, and notices we provide through telephonic means will be effective when transmitted or dialed. You consent to receiving electronic communications from IFM relating to any security incident or data breach. It is your responsibility to keep your email address and any other contact information you provide to us current so that we may provide these communications to you.

Disclosure of Your Information

Disclosure on Your Behalf

We may disclose personal information that we collect for the purpose that you provide the information or for another purpose for which we have your consent. We may also disclose your personal information as described below.

Internal Disclosure

We will share your personal data internally within IFM to help improve our products and services.

Disclosure to Our Service Providers

We may disclose personal information that we collect or you provide to third party service providers that we use to support our business (such as the management of our data, maintenance, analysis, audit, fraud detection, communication and the like). They will have access to your information as reasonably necessary to perform tasks on our behalf and are obligated not to disclose or use it for other purposes.

Legal Process

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (i) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (ii) enforce our agreements with you; (iii) investigate and defend ourselves against any third-party claims or allegations; (iv) protect the security or integrity of the website; (v) in the event of a merger or an acquisition of our corporate assets or similar transaction; or (vi) exercise or protect the rights and safety of IFM and others. We may attempt to notify you about legal demands for your personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are unlawful, overbroad, vague, or lack proper authority, but we do not promise to challenge every demand.

Deleting, Accessing and Correcting Your Information

For personal data that we have about you, you may request the following:

• Deletion: You may ask us to erase or delete all or some of your personal data. Please note that doing so may limit your ability to use certain functionality of the website.
• Correction/Modification: You may ask us to change, update, or fix your data in certain cases, including if it’s inaccurate.
• Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data or to limit our use of it.
• Right to Access and/or Take Your Data: You can ask us for a copy of your personal data that you have provided to us. Once we receive and confirm your verifiable request as discussed below, we will disclose to you the categories of personal information we collected about you, the categories of sources for the personal information we collected about you, our business purpose for collecting that personal information, the categories of third parties with whom we share that personal information (if any), the specific pieces of personal information we collected about you (also called a data portability request), and if we disclosed your personal information for a business purpose, a disclosure of that business purpose, identifying the personal information categories that each category of recipient obtained.

Certain state’s laws may provide you the right to make additional requests concerning your personal information. If you are a resident of one of these states, and have provided us with personal information, state law may require that we provide you with certain information concerning your personally identifiable information. To request this information, send a request to [email protected] and include the phrase “[Your State] Privacy Request” in the subject line. When contacting us, please indicate your name, address, email address, and what personally identifiable information you do not want us to share with third parties. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.

To make these or any other requests with respect to your personal information, you may contact us at: [email protected]. We ask that individuals making requests identify themselves and identify the information requested to be accessed, corrected, or removed before we process any requests. We may decline to process requests if we cannot verify the requestor’s identity, if we believe the request will jeopardize the privacy of others, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar legitimate purpose. In any case, where we provide information access, deletion, or correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

We will deliver our written response to your requests by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable. If we modify or delete some or all of your personal information, we will retain your personal data if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce obligations or fulfill any other requests from you (for example, to opt-out of further messages or for a copy of your data). In no way limiting the foregoing, your personal information does not include the inferences we make and use concerning de-identified information. We will not discriminate against you for exercising any of your rights under applicable law. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Third-Party Sites

Please keep in mind that the website may contain links to other websites or apps. You are responsible for reviewing the privacy statements and policies of those other websites you choose to link to or from the website, so that you can understand how those websites collect, use and store your information. We are not responsible for the privacy statements, policies or content of other websites or apps, including websites you link to or from the website. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.

Intellectual Property Rights

The website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by IFM, its licensors or other providers of the material and are protected by law. These Terms of Use permit you to use the website for your personal, non-commercial use only. If you wish to make any use of material offered on or through the website other than that set out in this section, please contact us at [email protected]. IFM, as well as all related names and logos and other product and service names, designs and slogans used by IFM are trademarks of IFM or its licensors. You must not use these marks without the prior written permission of IFM or their respective owners.

Security and Protection

We implement security safeguards designed to protect your data. These include using encryption for your data while it is being transmitted between your device or browser and our servers. However, given the nature of communications and information technology, and that the use of the internet has inherent risks, although we regularly monitor for possible vulnerabilities and attack, we cannot warrant or guarantee that information provided to us through the website or stored in our systems or otherwise will be absolutely free from unauthorized intrusion by others, nor can we warrant or guarantee that such data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

You agree that we are not responsible for (i) any disclosure of your personal information made by you to a third party through your use of the website; (ii) any disclosure of your personal information obtained illegally from us; or (iii) any accidental disclosure of your personal information made by us.

Children

The website is not intended for any under the age of 18. No one under the age of 18 may provide any information to or on the website. We do not knowingly collect personal information from persons under the age of 18. If you are under the age of 18, do not use or provide any information on this website or through any of its features, register on the website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a person under the age of 18, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at the information located here: [email protected].

Reliance on Information Posted

The information presented on or through the website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on website materials by you or any other visitor of the website, or by anyone who may be informed of any of its contents.

The website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by IFM, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of IFM. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Disclaimer of Warranties/Limitation of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER IFM NOR ANYONE ASSOCIATED WITH IFM REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBISTE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IFM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE WEBSITE. THE WEBSITE IS PROVIDED AS A CONVENIENCE TO YOU. AS A RESULT, IN NO EVENT WILL IFM OR ITS EMPLOYEES, AGENTS, OFFICERS OR OWNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT OFFERED ON OR THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A THEORY OF TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL IFM, OR IFM’S LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law

The website is offered in and from the State of Minnesota within the United States and your use of the website is governed by the laws of the United States and the State of Minnesota. If you are using the website from outside this state or country, please be aware that your information may be transferred to, stored, and processed in the United States and Minnesota. By using the website and providing your personal information to us, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share your information as described above. All matters relating to these Terms of Use and/or Privacy Policy, or the website, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use and/or Privacy Policy, or the website, shall be instituted exclusively in the federal or state courts sitting in Minnesota. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and IFM with respect to the website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, the remaining provisions of these Terms of Use will continue in full force and effect. We may update these Terms of Use from time to time, for example to reflect changes in our privacy practices. The date the Terms of Use was last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting these Terms of Use to check for any changes.

Contact Us

If you have any questions, comments or concerns regarding these Terms of Use, and/or practices, please direct your questions, comments, or concerns to our contact information located here: [email protected].