Company / Privacy Policy

Privacy Policy and Data Collection Disclosure

Published: August 1, 2022
Effective: August 1, 2022

I. Introduction

We are The Airiam Family of Companies (collectively, “Airiam”, “We”, “Ours”, or “Us”).  Our website (the “Website”) is comprised of various web pages operated by Airiam.  YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY POLICY.  Please read them carefully and DO NOT CONTINUE USING OUR WEBSITE IF YOU DO NOT AGREE TO ANYTHING HEREIN.

The website is a commercial website that provides information about our commercial offerings (Our “Services”) and this Privacy Policy (the “Privacy Policy”) provides information on how we may collect, store, process, track, transfer, share, use and protect your company’s data, the Collected Data, and data related to your Authorized Users, when you interact with us, use our website, or Services.  Use of Our Services requires your prior acceptance of our Master Services Agreement (an “MSA”).

II. Electronic Communications

Visiting Our Website or sending e-mails to Airiam constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, or other communications that we provide to you electronically, via email, or on the Website, satisfy any legal requirement that such communications be in writing.

Additionally, persons under the age of 18 may only use the Website with the permission and supervision of either a parent or guardian.

III. How do we receive personal data

We may collect personal information from a viewer or browser of our website or network (“Browser”, “You”, or “Your”), which may include, inter alia, Your name, date of birth, physical address, email, telephone number, insurance information, and financial information (any data collected, the “Collected Data”)

Our Services may store in our databases, inter alia, a Subscriber’s information and Credentials, identity and contact information, Your personal identifying information, and date and time the information was submitted to us.  If, for some reason, an error message or notification is generated while the Collected Data is being uploaded, transferred, or viewed, we may also store such information along with whatever data is generated for the purpose of diagnosing the potential problem and implementing a solution

We may collect additional non-personal information from the electronic device that You use to access our Services, which may include the type/model of the electronic device and the electronic device’s service provider and operating system.

When You ask for customer support assistance or customer support assistance is reasonably necessary for your continued use of Our Services, We may collect and store contact information that you provide, information about the customer support issue, and Your account information. We may also store any correspondence associated with the customer support assistance.

IV. What We Do With Collected Data; Retention Policies

We may use Collected Data for various reasons, including (without Limitation) to (A) create your account; (B) provide and improve the Services; (C) request, process, and collect fees for the Services, resolve disputes with You or third-parties, trouble-shoot any problems with Your account, and for any other purposes related to our Services; (D) provide technical assistance or customer support; (E) notify you of updates to the services or our policies; (F) comply with any applicable laws, regulations, or to prevent fraud, security breaches, or other illegal activities; (G) enforce our rights under this Privacy Policy, the MSA, or any other rights under law; (H) for accounting or legal purposes; (I) verify information; (J) compile aggregate data for our own marketing, promotional, troubleshooting, solicitation of feedback; or (K) any other lawful purpose.

We retain Collected Data as long as it is necessary and useful for providing Our Services. Upon request, Collected Data from closed accounts may be deleted anonymized. After it is no longer necessary for us to store Collected Data, we may destroy Collected Data in a secure manner.  However, if We are under any legal obligation to preserve any Collected Data, it will not be destroyed until such time as we are lawfully permitted to do so.  We may use your phone number, mailing address, and/or e-mail address to contact you for any purpose related to your interest in Airiam or the Services.  Phone calls may be recorded for quality assurance purposes.

V. Sharing of Data With Third-Parties

We use third-party services to help Us provide the Services. While We have chosen these third-party services, We encourage you to do Your independent due diligence as the Collected Data may be disclosed to them to provide the Services.  Each of these third-party services may have their own security protocols and privacy policies in place, and we recommend that you review them.

We may disclose Collected Data, without notice, if (A) in we have a good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on us or our affiliates; (2) protect and defend Our rights or property or Our Services; or (3) act under exigent circumstances to protect the personal safety of Our personnel, users of the Services, or the public; or (B) if required to do so by law.

VI. International Data and Transfers of Data

As we are located in the United States (USA), any Collected data will initially be collected and stored in the USA. If you are not in the USA, this may mean that Your information will be stored in a jurisdiction that may offer a level of protection that may, in certain instances, be different from the level of protection the jurisdiction in which You reside.

Collected Data may be stored and processed in the USA or any other country in which we or our affiliates, subsidiaries, or service providers maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this Privacy Policy, We may transfer information outside of your country. BY USING OUR SERVICES OR CONSENTING TO THE TRANSFER OF YOUR PERSONAL INFORMATION WITHIN THE SERVICES, YOU CONSENT TO ANY SUCH TRANSFER OF INFORMATION OUTSIDE OF YOUR COUNTRY.

VII. Your Rights to Collected Data

As an owner of certain personal data integrated for use in the Services, You have the right to: (A) view, restrict the processing, or update any personal data we hold about You; and (B) remove Your information from marketing and advertising communications by choosing to opt-out.

VIII. Changes to this Privacy Policy

We may update this Privacy Policy from time to time and so you should review this page periodically. When We change this Privacy Policy in a material way, we will update the “last modified” date at the beginning of this Privacy Policy.  Changes to this Privacy Policy are effective when they are posted on this page. YOUR CONTINUED USE OF THE WEBSITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE UPDATED PRIVACY POLICY.

IX. Indemnification

You agree to indemnify, defend, and hold harmless Airiam, its affiliates officers, directors, employees, agents, and affiliated third parties (collectively, “Representatives”), for any losses, costs, liabilities, and/or expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of or inability to use the Website, the Services, any user postings made by You, Your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.  Airiam and its Representatives reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Airiam in asserting any available defenses.

X. Disclaimer and Limit of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INSYNQ AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

AIRIAM AND/OR ITS REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  AIRIAM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING: ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRIAM OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES,OR RELATED GRAPHICS OBTAINED THROUGH THE WBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INSYNQ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL AIRIAM OR ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER IN EXCESS OF $1,000. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

XI. Termination/Access Restriction

Airiam reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

XII. Choice of Law/Dispute Resolution/Class Action Waiver

This Privacy Policy and your use of the Website and the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions.  Any dispute arising out of or to enforce this Release shall be brought exclusively in a court located in the State of Delaware, County of New Castle (the “Chosen Courts”).  Releasor and Releasee consent to jurisdiction of the Chosen Courts and waive any objections as to forum non conveniens or lack of jurisdiction.  If Airiam prevails in any dispute arising out of or to enforce this Agreement, it shall be entitled to recover attorneys’ fees and costs.  No claims arising out of or to enforce this Agreement may be made more than six (6) months after the date by which the fault or failure should reasonably have been discovered; failure to make such a claim within the six (6) month period shall forever bar the claim. You irrevocably waive any right for any dispute to be brought, heard, decided, or arbitrated as a class and/or collective action.  Use of the Website and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

XIII. Contact Us

For any questions or concerns, please contact Us at [email protected]