Iris Messenger Privacy Policy

Iris Messenger. ("Iris", “our”, “us” or “we”), respects your privacy and is committed to protecting it through our compliance with this privacy policy (“Privacy Policy”). This Privacy Policy applies to information collected by Iris Messenger through the Iris Messenger Site, any Iris Messenger computer software downloadable or otherwise available from the Iris Messenger Site ("Iris Messenger Software") and any Iris Messenger services purchased or otherwise made available from the Iris Messenger Site ("Iris Messenger Services") (collectively, the "Iris Messenger Products"). This Privacy Policy does not apply to the practices of any third party websites, applications or services that Iris Messenger does not own or maintain (collectively, “Third Party Services”) or to any third parties that use the Iris Messenger Application Programming Interface (API) to perform any function related to the Iris Messenger Products (“Integrated Platforms”). In particular, this Privacy Policy does not cover any information or other content you can view via the Iris Messenger Products on Integrated Platforms or information you provide to Third Party Services accessed via the Iris Messenger Products. As further detailed below, we cannot take responsibility for the content or privacy policies of any Third Party Services. If you are a Viewer we encourage you to carefully review the privacy policies of the Iris Messenger User whose Content you view and the privacy policies of any Integrated Platforms or Third Party Services used by such User which you may access via the Iris Messenger Products. This Privacy Policy also does not cover any information, recorded in any form, about more than one individual where the identity of the individuals is not known, cannot be inferred from the information, and is not linked or reasonably linkable to an individual, including via a device (“Aggregated Information”). Iris Messenger retains the right to use Aggregated Information in any way that it reasonably determines is appropriate.

By using the Iris Messenger Services or otherwise providing us with your Personal Information (as defined below), you are accepting the practices described in this Privacy Policy, as they may be amended by us from time to time, and agreeing to our collection and use of your information in accordance with this Privacy Policy. If you do not agree to the collection, use and disclosure of your information in this way, please do not use any of the Iris Messenger Products or otherwise provide Iris Messenger with Personal Information.

Please refer to our Privacy Overview at http://irismessagingapp.com/privacy.html for additional details regarding how Iris Messenger Products may use your information, including Iris Messenger’s use of certain applications and platforms operated by Third Party Services, and how you may export your data.

What Information Iris Messenger Collects From You

Iris Messenger collects only the information required to provide products and services to you. The amount of information provided by you and collected by Iris Messenger depends on the circumstances. Iris Messenger may collect two (2) types of information about you: Personal and Non-Personal.

1. “Personal Information.” Personal Information means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, or is otherwise defined as personal information under applicable law. Iris Messenger may collect Personal Information when you use the Iris Messenger Products including, without limitation, setting up account information, filling out surveys, corresponding with Iris Messenger, or otherwise volunteering information about yourself.

2. Non-Personal Information.”“ Non-Personal Information refers to information that does not meet the definition of Personal Information above. Iris Messenger may collect Non-Personal Information through any of the methods discussed above as well as automatically through use of industry standard technologies described further below.

How Iris Messenger Collects Your Information

1. Registration. Prior to using one or more of the Iris Messenger Products, Iris Messenger may require you to provide us with certain Personal Information and Non-Personal Information to create an account (“Account”) or to enable features or functionality of the Iris Messenger Products.

2. Users. Iris Messenger may gather Personal Information about organizational representatives via various methods (phone, email, online forms, in-person meetings) but only if such Personal Information is submitted voluntarily. Iris Messenger may use such Personal Information for sales, marketing, and support of the Iris Messenger Products. This Personal Information is never shared with third parties other than Third Party Service Providers utilized by a User in connection with Iris Messenger Services.

3. User communications. When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve the Iris Messenger Products.

4. Payment Information. When creating an Account, for certain Iris Messenger Products, or when you make online purchases, you may be asked to provide information, which may include your payment instrument number (e.g., credit card), your name and billing address, and the security code associated with your payment instrument (e.g., the CSV) and other financial data (“Payment Information”). We use Payment Information to complete transactions, as well as for the detection and prevention of fraud. When you provide Payment Information while authenticated, we will store that data to help you complete future transactions without your having to provide the information again. We do not, however, retain the security code associated with your payment instrument (e.g., the CSV) in this manner. To remove or modify Payment Information, please contact us. After you close your account or remove Payment Information, however, we may retain your Payment Information for as long as reasonably necessary to complete your existing transaction and for the detection and prevention.

5. Information Collected Through Technology. Iris Messenger automatically collects and receives certain information from your computer or mobile device, including the activities you perform on the Iris Messenger Site, the Iris Messenger App and the Iris Messenger Services, the type of hardware and software you are using (for example, your operating system or browser), and information obtained from cookies (see below). If you have an Account, we may link this Non-Personal Information to your Account to better understand your needs and the needs of Users in the aggregate, diagnose problems, analyze trends, provide services, improve the features and usability of the Iris Messenger Products, and better understand and market to our customers and Users.

6. We use technology to automatically gather information by the following methods:

Cookies. Iris Messenger uses cookies on the Iris Messenger Site and other aspects of the Iris Messenger Products. Cookies, including local shared objects, are small pieces of information that are stored by your browser on your computer's hard drive which work by assigning to your computer a unique number that has no meaning outside of the Iris Messenger Products. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Iris Messenger Products unavailable to you.

IP Address. You may visit many areas of the Iris Messenger Site anonymously without the need to become a registered User. Even in such cases, Iris Messenger may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin services with an Internet services provider. Each time you access the Iris Messenger Site and each time you request one of the pages of the Iris Messenger Site, the server logs your IP address.

Web Beacons. Web beacons are small pieces of data that are embedded in web pages and emails. Iris Messenger may use these technical methods in HTML emails that Iris Messenger sends to Users to determine whether they have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is Personal Information.

Tracking Content Usage. If you use the Iris Messenger Services and you post audio visual materials including, without limitation, videos, links, logos, artwork, graphics, pictures, advertisements, sound and other related intellectual property contained in such materials (collectively, “Content”) to your website or to a third party website, Iris Messenger tracks and captures information associated with User accounts and the use of Content by those that access your Content.

7. Information You Provide About a Third Party. You may have the opportunity to communicate with others from the Iris Messenger Products, such as by sending an invitation to a friend. If you choose to take advantage of this functionality, we may ask you to provide us with certain information about the person with whom you wish to communicate (e.g., name, email address, etc.). Iris Messenger collects such information for the purposes of facilitating the requested communication, which may contain a specific promotional message from you (e.g., an invitation to watch a video). Unless we explicitly say otherwise, Iris Messenger will not use this information for other marketing purposes without first obtaining consent from the person to whom the relevant information pertains. Please be aware that when you use any invitation functionality on the Iris Messenger Products, your email address, name or username, and message may be included in the communication sent to your addressee(s).

How Iris Messenger Uses Your Information

1. Personal Information. Iris Messenger identifies the purpose for which your Personal Information is collected and will be used or disclosed. If that purpose is not listed below, we will identify any additional purposes for which we will collect your Personal Information, before or at the time of collection, and we will obtain your consent to collect, use or disclose your Personal Information for such additional purpose(s).

2. By using the Iris Messenger Products, you will be deemed to consent to our use of your Personal Information for the purposes of:

• communicating with you generally

• processing your purchases

• processing and keeping track of transactions and reporting back to you

• protecting against fraud or error

• providing information or services requested by you

• administering and managing the Iris Messenger Products and our business operations

• personalizing your experience with the Iris Messenger Site, as well as evaluating statistics on Iris Messenger Site activity

• performing statistical analyses of your behavior and characteristics, in order to measure interest in and use of the various sections of the Iris Messenger Site

• communicating with you on other websites

• email gating

• delivery of content and information to Third Party Services Providers

• complying with legal and governmental requirements; and/or

• fulfilling any other purpose that would be reasonably apparent to the average person at the time that we collect it.

3. Users utilize Iris Messenger Products to manage and deliver Content to Viewers. As part of this process, Iris Messenger may collect Personal Information from you.

4. Otherwise, we will obtain your express consent (by verbal, written or electronic agreement) to collect, use or disclose your Personal Information. You can change your consent preferences at any time by contacting us (see the “How to Access, Change and Erase Your Personal Information” section below).

5. Iris Messenger extends the rights granted to “data subjects” under the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) to all of its Users. Consequently, you have the right to withdraw your consent to our processing of your Personal Information at any time (if our processing is based on consent) and the right to object to our processing of your Personal Information (if processing is based on legitimate interests).

6. Non-Personal Information. Iris Messenger may use Non-Personal Information for the following purposes:

• System Administration: Iris Messenger may use Non-Personal Information for the purposes of system administration, assisting in diagnosing problems with Iris Messenger servers, monitoring Iris Messenger's system performance and traffic on the Iris Messenger Products and to gather broad demographic information about Iris Messenger Users.

• Personalization: Iris Messenger uses cookies and IP addresses to track features such as delivering Content specific to your interests and informing you of new, relevant services or certain third party offerings.

How To Access, Change and Erase Your Personal Information

Upon request, Iris Messenger will allow Users to update or correct Personal Information previously submitted, but only to the extent such activities will not compromise privacy or security interests. Additionally, upon request, Iris Messenger will delete Personal Information from the database where such information is stored; however, it may be impossible to entirely delete a User’s entry without some residual information being retained due to the manner in which data backups are maintained. Requests to delete Personal Information may be submitted to support@irismessagingapp.com.

Email Preferences

Iris Messenger may use your Personal Information to send you emails periodically listing promotions or events relating to the Iris Messenger Products. You have the choice to opt-out of receiving such promotional emails by sending an email to support@irismessagingapp.com and/or following the instructions in such correspondence. Once Iris Messenger's has processed your opt-out request, Iris Messenger will not send you promotional emails unless you opt back in to receiving such communications.

Disclosure of Information To Third Parties

Except as described below, we do not sell, transfer or otherwise disclose, sell, trade, or otherwise transfer your Personal Information to outside parties. This statement does not include trusted third party service providers who assist us in administering and providing the Iris Messenger Products or provide services to us. Examples include storing and managed Content, analyzing data, providing marketing assistance, integrations of Third Party Services such as CRM and MAP services, processing credit card payments, and providing customer service. These third party service providers will have access to Personal Information needed to perform their functions, but may not use it for other purposes, and they are subject to appropriate agreements with Iris Messenger and/or its Users to secure and protect the confidentiality of your Personal Information.

We may use service providers located outside of the United States, and, if applicable, your Personal Information may be processed and stored in other countries and therefore may be subject to disclosure under the laws of those countries. You explicitly consent and agree to such transfer, storing and/or processing of your Personal Information outside of the United States or other country in which you are located.

We may share Payment Information with third parties for purposes of fraud prevention or to process payment transactions.

We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property or for safety. We may also provide non-Personal Information to other parties for marketing, advertising or other uses.

Information, including Personal Information, which we collect from Users and Viewers, is considered to be a business asset. As a result, in the unlikely event that we go out of business, enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your Personal Information may be disclosed or transferred to the third-party acquirer in connection with the transaction. We may also share information related to your account with your employer or organization if you have an individual Iris Messenger account and your account email domain is owned or managed by your employer or organization.

Lastly, we may provide Users with certain usage information directly related to the videos and/or other Content that they make available through the Iris Messenger Products. Such information may include who watched a particular Content (if the viewer is logged into Iris Messenger), which Content of a particular User was watched, and how many times a particular Content was watched. Under certain exceptional circumstances, Iris Messenger may have a legal duty or right to collect, use or disclose your Personal Information without your knowledge or consent. In accordance with applicable laws, We will not disclose any consumer information (which may include Personal Information) without your written consent, except where consumer information is required to be disclosed: (i) for billing or market operation purposes; (ii) for law enforcement purposes; or (iii) for the purpose of complying with a legal requirement.

When you participate in a Iris Messenger Business or Iris Messenger Enterprise account (as described in Iris Messenger’s Terms of Service) or create an account using a corporate email domain belonging to your employer or other organization, the organization may be able to (1) access information in and about the account, including your Personal Information; (2) disclose, restrict or access Content posted in connection with the account; and (3) control how the account is accessed or deleted. Such accounts and their use are also subject to the Iris Messenger Terms of Service accepted by the organization that established the Iris Messenger Business or Iris Messenger Enterprise account. You consent to disclosure of your information for the above purposes.

Safeguarding Your Personal Information

Iris Messenger takes appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Personal Information. These include, but are not limited to, internal reviews of: (a) Iris Messenger's data collection; (b) storage and processing practices; (c) electronic security measures; and (d) physical security measures to guard against unauthorized access to systems where Iris Messenger stores Personal Information.

Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information you provide to us.

All Iris Messenger employees, contractors and agents who access Personal Information are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution or unauthorized use or disclosure of Personal Information.

Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.

Retention Of Information

Iris Messenger retains the Personal Information that we collect about you for as long as reasonably necessary for the purposes set out in this Privacy Policy. We also may retain your Personal Information for a longer period of time on the basis of our legitimate interests in providing or marketing our services to you or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use information that has been aggregated or anonymized so that it can no longer be used for personal identification.

Third Party Websites and Services

The Iris Messenger Products may contain links to third party websites or services, including Third Party Services, (collectively, “Third Party Sources”) who may collect Personal Information and Non-Personal Information directly from you. Links to Third Party Sources are intended for convenience only. Third Party Sources are wholly independent from Iris Messenger. Third Party Source may have separate privacy policies and data collection practices, independent of Iris Messenger. Iris Messenger: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices or the content of such websites; and (c) does not make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them.

Changes To This Privacy Policy

The terms in this Privacy Policy may be changed from time to time, so you should review it periodically for changes. We reserve the right, at any time, to modify or replace this Privacy Policy. We may also notify you via email or other direct electronic communication method of any changes that, in our sole discretion, materially impact your use of the Iris Messenger Products or the treatment of your Personal Information. Your use of the Iris Messenger Products following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

How to contact us

If you have any questions or concerns about this Privacy Policy or our privacy practices, you may contact us directly at support@irismessagingapp.com