InstantEncore Privacy Policy

Last modified: June 20, 2018

At InstantEncore we recognize that privacy is important. This Privacy Policy applies to all of the products, services and websites offered by InstantEncore, LLC.

InstantEncore adheres to all applicable personal data privacy laws and regulations of the United States and the European Union General Data Protection Regulation (GDPR).

If you have any questions about this Privacy Policy, please feel free to contact us through our website or by emailing us at support@instantencore.com.

Information we collect and how we use it

We offer a number of services that do not require you to register for an account or provide any personal information to us. In order to provide our full range of services, we may collect the following types of information:

Information you provide – When you sign up for a InstantEncore account or request other services from us, we ask you for personal information (such as your name, email address, and an account password) by which you may be personally identified. For certain services, such as our donation and/or purchasing programs, we also request credit card or other payment account information (such as your postal address, telephone number) along with the details of transactions you carry out through our website and the fulfillment of your orders, which is maintained in encrypted form on secure servers. We may combine the information you submit under your account with information from other InstantEncore services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we will give you the opportunity to opt out of combining such information.

You also may provide information to be published or displayed (hereinafter, “Posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies. – As you navigate through and interact with our website, services, or partner websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the website.
Information about your computer and internet connection, including your web request, IP address, operating system, browser type, browser language, date and time of your request.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Email support@instantencore.com for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our website according to your individual interests.
Speed up your searches.
Recognize you when you return to our website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.
Flash Cookies. Certain features of our website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

InstantEncore processes personal data as a Controller and Processor, as defined by the GDPR. Specifically, InstantEncore acts as a Data Controller when it comes to our direct relationship with our clients and as a Data Processor when it comes our secondary relationship with end users of our clients. All data collected by us will be stored in secure hosting facilities by Amazon Web Services. All hosting is performed in accordance with the highest security regulations.

Third-Party Use of Cookies and Other Tracking Technologies – Some content or applications, including advertisements, on the website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

The information collected by InstantEncore when you enable a widget or other application is processed under this privacy policy. Information collected by the application or widget partner is governed by their privacy policies and we do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

User communications – When you send email or other communications to InstantEncore, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Location data – InstantEncore may offer location-enabled services, such as geo-location based push messages. If you use those services, InstantEncore may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID).
Links – InstantEncore may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our search technology, customized content and advertising.

InstantEncore only processes personal information for the purposes described in this Privacy Policy. In addition to the above, such purposes include:

Providing our services, including the display of customized content and advertising;
To fulfill any other purpose for which you provide it;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
Auditing, research and analysis in order to maintain, protect and improve our services;
Ensuring the technical functioning of our network;
To notify you about changes to our website or any products or services we offer or provide through it.
To provide you with notices about your account, including expiration and renewal notices;
Protecting the rights or property of InstantEncore or our users; and
Developing new services.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

InstantEncore processes personal information on servers in the United States of America and, potentially, in other countries. In some cases, we may process personal information on a server outside your own country. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your personal data will at all times continue to be governed by this privacy policy. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

Information We Will Never Collect or Process. – We will never collect or process information related to the following categories unless we are required to by law:

Race or ethnic origin;
Political opinions;
Religious or philosophical beliefs;
Trade union memberships;
Genetic or biometric data;
Health or mortality; and
Sex life or sexual orientation.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. If we wish to use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use. We will not collect or use sensitive information for purposes other than those described in this privacy policy and/or in the supplementary service privacy notices, unless we have obtained your prior consent. In addition, we have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising – You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising – If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending an email to support@instantencore.com. You can also always opt-out by logging into our website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@instantencore.com.

Promotional Offers from the Company – If you do not wish to have your contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending an email to support@instantencore.com or at any other time by logging into the website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@instantencore.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or click the “Unsubscribe” link usually located at the end of the email. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.

Targeted Advertising – If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt out by sending an email to support@instantencore.com For this opt out to function, you must have your browser set to accept browser cookies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Information sharing

We may disclose aggregated information about our users that we collect or you provide to us as described in this privacy policy, and information that does not identify any individual, in the following circumstances:

To our subsidiaries, affiliates, or clients.

To trusted contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them and in compliance with this privacy policy.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of InstantEncore’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by InstantEncore about our website users is among the assets transferred. We will ensure the confidentiality of any personal information involved in such transactions and provide notice before personal information is transferred and becomes subject to a different privacy policy.

To third parties to market their products or services to you if you have consented to and not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.

To fulfill the purpose for which you provide it. For example, if you [ EX: give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients].

For any other purpose disclosed by us when you provide the information.

With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

To enforce or apply our terms of use http://instantencore.com/terms.aspx and other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of InstantEncore, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may share with third parties certain pieces of aggregated non-personal information such as the number of users who have started keeping score with our services, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions, names, passwords, addresses, emails, or other personal data will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website.

Data integrity

InstantEncore processes personal information only for the purposes for which it was collected and in accordance with this privacy policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this policy. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Accessing and updating personal information

When you use InstantEncore services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. If you created an account on our website, you can access and change your online profile yourself. You can also ask to review any of the information that we have retained, how we have used it, and to whom we have disclosed it at any time by emailing us at support@instantencore.com. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. You may also ask us to change your preferences regarding how we use or disclose your information or let us know that you do not want to receive any further communication from us.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@instantencore.com or write us at: InstantEncore Inc., 8380 Miramar Mall, Suite 200, San Diego, CA 92121

Enforcement

InstantEncore regularly reviews its compliance with this privacy policy. Please feel free to direct any questions or concerns regarding this privacy policy or InstantEncore’s treatment of personal information by contacting us through this web site or at support@instantencore.com. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between InstantEncore and an individual.

Changes to this Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and through a notice on the Website home page. The date the privacy policy was last revised 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 our Website and this privacy policy to check for any changes.

Contact Us

Request access to information that InstantEncore has about you.
Correct any information that InstantEncore has about you.
Delete information that InstantEncore has about you.

If you have any additional questions about our collection and storage of data, or any other questions about this policy, please contact us at: support@instantencore.com.