PRIVACY POLICY

Effective: February 5, 2025

Welcome

This Privacy Policy (“Privacy Policy”) is designed to help you understand how Infostream Technology, LLC (collectively “Infostream”, “we”, “our,” or “us”) collects and uses the information, including Personal Data, that you share with us when you use https://infostreamtechnology.com/, and any other website operated by Infostream (each a “Site”), that you provide in connection with the InStream Platform or other Infostream services (the “Services”), or otherwise provide to Infostream. Except where otherwise expressly indicated in this Privacy Policy or on the Site, this Privacy Policy applies only to information collected on the Site and through the Services. It also describes the choices available to you regarding our use of your Personal Data and how you can access and update this information.

Before submitting information to the Site or Services or otherwise using the Services, please review this Privacy Policy carefully. BY USING OR ACCESSING THE SITE OR SERVICES AND/OR COMMUNICATING WITH INFOSTREAM VIA MAIL, EMAIL, OR TELEPHONE, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY. You are responsible for submitting accurate information to us. If you prefer that we not collect your Personal Data, please do not provide it to us. WHEN YOU SUBMIT YOUR PERSONAL AND OTHER INFORMATION ON THE SITE OR THROUGH YOUR USE OF THE SERVICES, YOU HEREBY CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF SUCH INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE OR SERVICES.

Please carefully read this Privacy Policy as it may have changed since your last visit to the Site. Continued use of the Site or Services indicates your understanding and acceptance of any changes made to this Privacy Policy and posted to the Site. This Privacy Policy does not cover the privacy practices of any third-party websites to which the Site or the Services may link.

Definitions

“Customer” means an entity that has entered into an agreement with Infostream to use the InStream Platform.

“End User” means an individual that uses a device monitored by Customer through the InStream Platform.

“Personal Data” has the meaning set forth in Section 1 of “Information We Collect”.

“InStream Platform” means the software-as-a-service platform that aggregates and structures diagnostic data from End User devices.

“Site Visitor” means any person who uses a Site, which includes browsing a Site or submitting any information to Infostream through a Site.

Site Visitors and End Users Outside of the United States

Infostream is headquartered in the United States and may have operations and service providers in the United States and around the world. The Site and Services are governed by United States law. If you are outside the United States when you visit the Site, use the Services or engage in communications with an Infostream agent via mail, e-mail or telephone, please be aware that you consent to our use and our service providers’ use of your Personal Data worldwide and to the transfer of your Personal Data to countries outside of your country of residence, including the United States. Please be aware that the US and jurisdictions other than the one in which you are located may have a lower standard of data protection laws compared to your own jurisdiction. In certain circumstances, courts, regulatory agencies, law enforcement agencies, or security authorities in those other countries may be entitled to access your Personal Data.

Information We Collect

We collect the information that you share with us, including:

1. Personal Data: “Personal Data” as it is called in some countries, is information that reasonably can be used to personally identify you. We maintain one or more databases in the United States to store your Personal Data and may retain it as reasonably required to fulfill the purposes identified herein. Personal Data that we collect depends on how you use the Site or Services.

We may collect your Personal Data when you:

• register to use or use any of the Services;
• contact Infostream by any means, including but not limited to using information available on the Site;
• request information or materials;
• purchase a Service;
• request support for the InStream Platform; or
• submit any information to Infostream.

We may collect the following types of Personal Data:

• your first and last name;
• email address;
• phone number;
• company name; and
• any other identifier that permits Infostream to make physical or online contact with you.

2. General Information: When you visit the Site or use the Services, we may collect various categories of general non-personal information (“General Information”). When possible, General Information may be linked to Personal Data. We do this to improve the Services we offer you, and for purposes of our analytics.

We may collect the following General Information:

• type of device you use;
• operating system information;
• usage data;
• browser information;
• IP address;
• geolocation; and
• date, time, length of stay, and specific pages accessed during your visits to the Site or use the InStream Platform.

Cookies & Other Online Identification Tools

Please see our Cookies Policy below for information about how Infostream utilizes cookies and other online identification tools.

Widgets

Our Site may include Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

How We Use Personal Information

Except as specified in this Privacy Policy, Infostream does not rent, sell, trade, or disclose your Personal Data to third parties without your informed prior consent.

Some specific examples of how Infostream may use your Personal Data are:

1. to customize, analyze, adjust, and improve the Site and Services to better meet your needs;
2. to facilitate communication between Infostream and you;
3. to provide you with information that may interest you, such as our newsletters or emails about our products and Services (this information contains a subscriber link allowing you to opt out);
4. to provide you with marketing and promotional information about products and Services we believe may interest you (this information contains a subscriber link allowing you to opt out);
5. to administer a survey (if you consent to participate in the survey via a response email);
6. in a Customer testimonial posted on the Site;
7. to enforce Infostream’s agreements with you;
8. to provide you with important administrative information regarding the Site and Services, such as changes to this Privacy Policy, our Terms of Use, and our other policies;
9. and to prevent fraud and other prohibited or illegal activities.

Disclosure Of The Information That We Collect

Unless you have consented or as otherwise described in this Privacy Policy, we will not disclose your Personal Data except for:

1. Affiliates. We may share your information with our Affiliates who perform services or functions for Infostream and who may use your information for purposes similar to the purposes for which Infostream collects such information. Infostream requires all such companies to comply with the terms of this Privacy Policy. For purposes of the foregoing, an “Affiliate” means any corporation, partnership, or other entity now existing or hereafter organized that directly or indirectly controls, is controlled by or under common control with Infostream.

2. Business Partners. We may share your information with our business partners, who may provide services that integrate with the Services. The sharing of this information would be predicated on your use of the integration. Infostream does not control our business partners’ use of the information, and their use of the information would be in accordance with their own privacy policies. If you do not want your information shared with these business partners, you can choose not to use the applicable integration.

3. Fulfillment of Services. Infostream may retain other companies and individuals to perform functions consistent with our Privacy Policy on our behalf. Examples include Customer support specialists, web hosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms, payment services firms, and email service providers. Such third parties may be provided with access to Personal Data needed to perform their functions but may not use such information for any other purpose.

4. Compliance with Law and Fraud Protection. We may disclose any information, including, without limitation, Personal Data, we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, such as to comply with a subpoena, regulation, binding orders of a data protection agency, legal process or governmental request. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. Infostream reserves the right to disclose your Personal Data if we believe you have or are violating our Terms of Use or in order to protect or defend Infostream’s rights or property, even without a subpoena, warrant or other court order. We also may access or disclose your Personal Data to act in urgent circumstances to protect the personal safety of users of the Services or members of the public.

5. Sale or Transfer of Information. In the event of a sale, merger, liquidation, dissolution, or sale or transfer of substantially all of the assets of Infostream or the InStream Platform to an affiliate or a third party, Personal Data or other information collected through the Site or the Services may be sold, assigned or transferred to such affiliate or third party. In the unlikely event of an insolvency, bankruptcy, or receivership, your information also may be transferred as a business asset. By using the Site and Services and submitting your information to us, you consent to the sale and transfer of your information as described in this paragraph. You will be notified via email and/or a prominent notice on our Site or the InStream Platform management portal, of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data.

6. Frames. Some of our pages utilize framing techniques to serve content from our partners while preserving the look and feel of our Site and Services. Please be aware that you are providing your Personal Data to these third parties and not to us directly.

The Site or Services may allow you to connect with other websites, products, or services that we do not control. If you visit or use such services, we recommend that you review and understand their privacy practices before sharing your information with those services.

Controlling Your Personal Information

If you tell us that you do not want us to use your Personal Data to contact you, Infostream will comply with the applicable law. In certain cases, Infostream will only contact you if instructed to do so. In either case, you may instruct Infostream to stop sending you emails, newsletters, text messages, or other information. Infostream may, however, continue to use your Personal Data to contact you in conjunction with your use of the Services. Please note that if you use more than one name or e-mail address when communicating with Infostream or using the Site or Services, you may continue to receive communications from Infostream to any name or email address not specified by you in an opt-out request. We will also provide an individual opt-out or opt-in choice before we share your data with third parties other than (as specified in this Privacy Policy), or before we use it for a purpose other than (as specified in this Privacy Policy). To limit the use and disclosure of your Personal Data, please submit a written request to legal@infostreamtechnology.com.

Withdrawal of Consent

Where you have provided your consent for us to use or process your Personal Data, you can withdraw your consent at any time by emailing us at legal@infostreamtechnology.com. Please see the “Cookies” section below for information about withdrawing your consent for cookies. We process your Personal Data for marketing purposes with your consent, and at any time after providing consent, you have the right to object to our processing of data about you in order to send you promotions, special offers, and marketing, and we will stop processing the data for that purpose. This option does not apply to communications primarily for the purpose of contracts, support, software updates, or other administrative and transactional notices.

Access Requests

Under applicable law, certain individuals have access to the Personal Data about them that Infostream holds and are able to correct, amend, or delete that information where it is inaccurate or has been processed in violation of the privacy principles. If you would like to modify or delete your Personal Data, please submit a request at legal@infostreamtechnology.com with clear instructions about what you would like modified or deleted. We will respond to your request within 30 days after a complete request is received. Please note that we cannot modify all information provided to us, such as anonymized data. We will comply with requests to modify information to the extent that we are able to do so.

We will retain your information for as long as needed to provide you Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Customer Testimonials

We may post Customer testimonials on the Site which may contain Personal Data. We obtain the Customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your Personal Data from testimonials please contact us by submitting a request at legal@infostreamtechnology.com.

Security

Infostream has implemented technical, administrative, and physical security measures to protect your information from unauthorized access and use as described. While Infostream strives to protect your information, no data transmission over the Internet is 100% secure, and consequently, we cannot ensure the security of any information.

Our Site Is Not For Use By Minors

NOTICE TO CHILDREN UNDER 18 AND THEIR PARENTS OR LEGAL GUARDIANS: THE SITE AND SERVICES ARE INTENDED FOR ADULTS. We do not knowingly or intentionally collect information from minors (individuals below 18 years). If you are under 18, please do not provide any Personal Data to Infostream. To use the Site, you must be the age of legal majority in your place of residence. By using the Site, you hereby represent that you are at least the age of legal majority in your place of residence. We do not use an application or other mechanism to determine the age of users of the Site. All information provided to Infostream will be treated as if an adult provided it. If, however, we learn that a minor has submitted information about himself or herself to us, we delete the information as soon as possible. If you know of anyone under the age of 18 who has provided us with information, please contact us immediately, and we will delete the information.

Third-Party Links

We may provide links to third-party websites that we do not own or control. We are not responsible for the information collection practices of any website that we do not own or control. We encourage you to review and understand the privacy practices and policies of third-party websites before providing any information to or through them.

Modifications

We may occasionally update this Privacy Policy to reflect changes in our practices. When we post modifications to this Privacy Policy, we will revise the “Effective” date at the top of this web page. The modified Privacy Policy will be effective immediately upon posting on the Site. Your continued use of the Site or Services after the posting of the modified Privacy Policy constitutes your agreement to abide and be bound by it. We encourage you to periodically review this page for the latest information on our privacy practices. If you object to any modification, your sole recourse is to stop using the Site and Services.

State-Specific Privacy Rights

Infostream acknowledges that under data privacy laws in several states (including but not limited to California, Colorado, Connecticut, and Virginia), individuals have certain rights associated with their Personal Data and other information. Although Infostream is not currently covered by those state data privacy laws, we assure you that we do not sell information about you, except as contemplated in the event of a sale of Infostream or its assets as described herein. Infostream does not, at this time, disclose Personal Data to third parties for their direct marketing purposes. If Infostream changes this policy, we will update this provision and provide instructions on how you may make a request for details concerning such information.

Site Visitors, Customers, and End Users from the EU/EEA

Notwithstanding the July 10, 2023, ruling by the European Court of Justice confirming the adequacy of the EU-US Privacy Shield Framework, Infostream continues to take adequate measures designed to protect the transfer of Personal Data of individuals in the European Economic Area (EU Member States, Iceland, Liechtenstein, and Norway) (“EEA”), such as relying on the European Commission-approved Standard Contractual Clauses (“SCCs”) as a legal mechanism for such transfer, or other adequate transfer mechanism as required under relevant data protection laws, as well as additional safeguards, where appropriate. A copy of these clauses may be obtained by contacting us at the email address listed below.

For transfers to or from the United Kingdom (“UK”), we make use of the SCCs, as adapted for the UK. For individuals located in the EEA or the UK, the terms “Personal Data” as used in this Privacy Policy, are equivalent to “personal data” under applicable European and UK data protection legislation. If you are located in the EEA, the UK, or Switzerland, you have certain rights and protections under applicable law regarding the processing of your Personal Data, as defined by the General Data Protection Regulation (“GDPR”) and the following notices apply to you:

Legal Basis for Processing: When we process your Personal Data, we will do so in reliance on the following lawful bases:

• To perform our responsibilities under our contract with you (e.g., providing the Services you requested).
• When we have a legitimate interest in processing your Personal Data to operate our business or protect our interests (e.g., to provide, maintain, and improve our Services, conduct data analytics, and communicate with you).
• To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of non-administrative communications).
• When we have your consent to do so (e.g., when you opt in to receive non-administrative communications from us). When consent is the legal basis for our processing your Personal Data, you may withdraw such consent at any time.

Data Retention : We store Personal Data for as long as reasonably necessary to comply with our legal, regulatory, or other compliance obligations. We store other data for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

All EU-based individuals, irrespective of nationality have certain individual rights under the GDPR, such as:

1. The right to be informed about the collection and use of your Personal Data. At the point where Personal Data is collected from the data subject, as defined in the GDPR, or obtained from another source, there is a requirement to inform the data subject about our use of that Personal Data and the rights of data subjects over it. Compliance with this right is provided within this Privacy Policy.
2. The right of access to find out what information is stored about you. You have the right to obtain confirmation as to whether or not your Personal Data is being processed, and where that is the case, all necessary information to make the process transparent. You also have the right to obtain a copy of your Personal Data being processed.
3. The right to rectify your Personal Data if it is inaccurate or incomplete.
4. The right to erasure to enable you to request the deletion or removal of Personal Data in certain circumstances.
5. The right to restrict processing to ‘block’ or suppress processing of Personal Data in certain circumstances.
6. The right to data portability allowing you to obtain and reuse your Personal Data for your own purposes or the transfer to another organization, in a machine-readable form.
7. The right to object to the processing of all or some of your Personal Data under certain specified circumstances, including legitimate interest or performance of a task in the public interest/exercise of official authority (including profiling), direct marketing and/or for purposes of scientific/historical research and statistics.
8. Various rights in relation to automated decision-making (decisions made solely by automated means without any human involvement) and profiling (automated processing of Personal Data to evaluate certain things about an individual).
9. Right to withdraw consent . When you have given your explicit consent for the processing of your data, you can withdraw it at any time without justification. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

Infostream will abide by the GDPR and provide an adequate level of data protection for Personal Data received from the EU/EEA and processed, according to the privacy protection set forth in this Privacy Policy. If you would like to exercise these rights, please submit a request at legal@infostreamtechnology.com.

Severability

The invalidity or unenforceability of any provisions of this Privacy Policy in any country shall not affect the validity or enforceability of any other provision of this Privacy Policy, which shall remain in full force and effect.

Complaints

In the event that you wish to make a complaint about how we process your Personal Data, please contact us, and we will endeavor to address your concern. This is without prejudice to your right to raise a complaint with the data protection supervisory authority in the EU member state in which you live or work where you think we have infringed data protection laws.

You can also send us any request or inquiry via regular mail to:

Privacy Officer
Infostream Technology, LLC
100 Cummings Ctr, Ste 228G
Beverly, MA 01915