immplify Privacy Policy

1. DEFINITIONS

"Billing Data" is Personal Data relating to billing and payment through the Platform.

"Business Petitioner Beneficiaries" are actual or potential members of the workforce of a business customer of immplify (i.e., the Employer) which has engaged immplify in connection with a Matter.

"Controller" refers to the entity that has certain legal rights to determine the purposes for which Personal Data will be processed and the means by which that processing will happen. As used in this Privacy Policy, the term also includes entities considered to be "Businesses" under the California Consumer Privacy Act ("CCPA").

"Device and Usage Information" is information about your device, internet connection, the equipment that you use to access our Platform, and how you use the Platform, such as (a) details of your visits to our Platform, including traffic data, location data, logs, other communication data, and the resources that you access and use on the Platform; (b) information about your computer and internet connection, including your operating system, and browser type; and (c) device identifiers, including your IP address and mobile device ID.

"Employer" means immplify’s customer that uses the Platform to manage its Matters for one or more of its Business Petitioner Beneficiaries.

"Individual Applicants" are individuals who engage immplify in connection with their own Matter.

"Law Firm" refers to the independent law firm, and its related attorneys and support staff, that has been trained to use the Platform and agreed to use the Platform as the client technology solution to provide you or your Employer with Legal Services. The Law Firms shall include any law firm who has agreed to provide Legal Services to immplify customers and that has been selected by you or your Employer to be its counsel.

"Legal Services" refer to the legal services performed by Law Firms in conjunction with their preparation and submission of visa applications for nonimmigrant and immigrant visas, permanent residence, and citizenship status to the U.S. Citizenship and Immigration Services and other governmental agencies regulating foreign persons entering the United States and related ancillary services of the Law Firm.

"Matters" refers to the parsing, tracking and management of the immigration documents you upload to the Platform, and any related immigration matters initiated through the Platform.

"Personal Data" means any information that relates to an identified or identifiable individual.

"Privileged Information" means the legal materials, documents, correspondence, and other kinds of information stored on the Platform associated with your Matter that are eligible for attorney-client privilege or equivalent protection in the context of your relationship with a Law Firm.

"Platform" means the technology platform accessible through https://immplify.com, and related technology and tools.

"Platform Data" is Personal Data collected by immplify to administer the Platform and technical support for the Platform, such as login credentials and technical support inquiries.

"Processor" refers to an entity that processes Personal Data solely on behalf of its customer, and not for its own business or legal compliance purposes. As used in this Privacy Policy, the term also includes entities considered to be "Service Providers" under the CCPA.

2. APPLICABILITY

This Privacy Policy applies to any information you provide to immplify, that we collect through the Platform, or that we otherwise handle in connection with a Matter or the promotion of our business. This Privacy Policy covers only immplify’s handling of the data.

3. INFORMATION WE COLLECT AND HOW WE USE IT

3.1. Information Processed for Matters

We generally collect the following Personal Data in connection with Matters:

• Nationality
• Title/Position/Department
• Business contact details (e.g., address, telephone, mobile, and email)
• Dates of employment or prospective employment
• Accreditations
• Personal contact details (e.g., home address, home telephone number and personal mobile number)
• Date of birth
• Language preference
• Education and qualifications
• Family member information
• Device information and other technical information relevant to information technology management
• Login information for the Platform
• Government Identification or Social Security number, Driver’s license number, state identification card number, passport number, alien registration number, taxpayer identification number, date of birth, mother’s maiden name, digital or electronic signature, or picture.
• Application forms
• Correspondence with government authorities
• Billing Data, such as invoices and payment card data

Where immplify acts as a Processor, it uses the Personal Data solely pursuant to the instructions of the person or entity for which it acts as a Processor unless other processing is legally required.

Where immplify is a Controller, it uses the information:

• To facilitate your Matter and otherwise provide and improve our services;
• To identify and protect against fraud and other harms; and
• To comply with law and otherwise address legal matters.

Where appropriate, immplify may also use limited Personal Data for marketing purposes.

However, we do not use or disclose any Privileged Information except (i) solely as directed by you, the relevant Law Firm, or as otherwise legally required or (ii) to disclose the information as described in the “Service Providers" and “Business Transfers" portions of Section 5 of this Privacy Policy.

3.2. Information Collected Through Automated Means

When you navigate through and interact with our Platform, we automatically collect Device and Usage Information. This information allows us to optimize the Platform to the internet connections and equipment that are used to access the Platform. We collect Device and Usage Information directly from you when you provide it to us and automatically as you navigate through and interact with our Platform.

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

• Cookies (or browser cookies): A cookie is a small file placed on your computer or other device. We use session cookies to keep track of your login information. 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 Platform. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you use the Platform.
• Pixel Tags / Web Beacons: Webpages on our Platform and our emails 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. We may also use these web beacons for other related Platform statistics (e.g., recording the popularity of certain content and verifying system and server integrity).
• Tracking URLs: These are links that allow immplify to determine the effectiveness of a particular part of the Platform. For instance, emails from a marketing campaign may include tracking URLs to help immplify see how popular the page is. This helps us serve more relevant content and information.

4. WHEN AND HOW WE SHARE YOUR INFORMATION

We share Personal Data as follows:

• Third parties involved in your Matter: We may share your Personal Data with, as applicable, a Law Firm, your Employer, immigration authorities and other governmental entities, translation providers, education evaluation providers, and others that we or they involve to assist in processing your Matter.
• Service Providers: We may share or disclose your information with vendors we use to provide or maintain the Platform or other aspects of our services, such as hosting providers and payment processors.
• Business Transfers: In the event that immplify is involved in a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, your information held by us may be among the assets transferred.
• Comply with Law and Prevent Harm: Notwithstanding anything to the contrary in this Privacy Policy, we may disclose or share your information in order to comply with any court order, law, or legal process, including to respond to any government, public authority or regulatory request, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of immplify, our customers, or others. This includes exchanging information with other companies and organizations via our service providers for the purposes of fraud protection and credit risk reduction. In certain situations, we may be required to disclose your information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
• Enforcement: We may disclose your information in order to enforce or apply our Terms and other agreements, including for billing and collection purposes.

We may disclose de-identified and aggregated information (which is information that cannot be used to personally identify you) about our users without restriction.

5. LEGAL BASES FOR PROCESSING PERSONAL DATA

Where immplify acts as a Controller, the laws in some jurisdictions require us to tell you about the legal grounds we rely on to use or disclose your Personal Data. To the extent those laws apply, our legal grounds for processing Personal Data are as follows:

• Consent: Where required by law, and in some other cases, we handle Personal Data on the basis of consent. For example, we send newsletters to individuals on the basis of opt-in consent. We process certain sensitive Personal Data for Matters on the basis of explicit consent.
• Performance of our contract with you: We process most Individual Applicant Personal Data to perform our contract with you.
• Legitimate interests: In many cases, we handle Personal Data on the ground that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals: Platform support; protecting the Platform and the rights and safety of our users, customers, and employees; analyzing and improving our business and services; and managing legal issues.
• Legal compliance: We need to use and disclose Personal Data in certain ways to comply with our legal obligations.

6. YOUR RIGHTS AND CHOICES

6.1. Cookies and Communications

We strive to provide you with choices regarding the information you provide to us. You can exercise control over your information in the following ways:

• 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. If you disable or refuse cookies entirely, please note that some parts of the Platform may then be inaccessible or not function properly, which may affect your ability to interact with the Platform or to receive the use or benefit of the Services.
• Email Newsletters from immplify. If you do not wish to have your contact information used by immplify to notify you of updates and educational opportunities related to immigration matters or to promote our own or third parties’ products or services, you can opt-out by unsubscribing to such emails.

6.2. Access, Deletion, and other Personal Data Rights

If you are a registered user of our Platform, you can review and, in some cases, change certain Personal Information immplify holds by logging into the Platform and visiting your account’s settings page.

Depending on your jurisdiction of residence and the location of the immplify entity involved, you may have additional rights, such as the right to access, delete, and correct your Personal Data, to revoke your consent to processing of Personal Data (without affecting the lawfulness of prior processing), or to object to the processing of Personal Data. If you wish to exercise these rights with respect to the information for which immplify is a Controller, you may email us at support@docucomb.com with your request.

Please note that we require certain information to be able to provide the Services. Additionally, any of the rights described above are subject to significant limitations and exceptions under applicable law. Every individual also has a right to lodge a complaint with the relevant supervisory authority in connection with the processing of Personal Data.

6.3. State-Specific Disclosures

6.3.1. California

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information" (as defined in the CCPA). This section applies only to personal information for which immplify acts as a Controller or “business"; it does not apply to personal information for which we act as a Processor or “service provider" on behalf of another entity.

Categories of information collected. Throughout this Policy, we discuss in detail the specific pieces of personal information we collect. Under the CCPA, we are also required to provide you with the “categories" of personal information we collect. The categories we collect are: identifiers (such as name, address, email address and other contact information); internet or other network or device activity, such as Device and Usage Information; geolocation information, professional or employment related data (such as title); other information that identifies or can be reasonably associated with you, and inferences drawn from any of the above.

Use and sharing of information. In the twelve months leading up to the effective date of this Privacy Policy, immplify used the personal information as follows:

• To respond to questions, concerns, or customer service inquiries, and to otherwise fulfill individuals’ requests;
• To send information about our current and future services,
• To analyze and improve our website;
• To enforce the legal terms that govern our business and online properties;
• To comply with law and legal process and protect rights, safety and property; and
• For other purposes requested or permitted by you or by others acting on your behalf as part of your requested services, such as your Employer or Law Firm.

We share information with the entities and for the purposes set forth in Section 5 of this Privacy Policy.

“Sale" of information. California residents may opt out of the “sale" of their personal information. We do not “sell" personal information within the meaning of California law.

California Privacy Rights. If you are a California resident, California law may permit you to request that we:

• Inform you of the categories of personal information we have collected about you in the last twelve months; the categories of sources of such information; the categories of personal information that we sold or disclosed about you for a business purpose; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties to whom we have “sold" or otherwise disclosed personal information for a business purpose.
• Provide access to and/or a copy of certain information we hold about you.
• Delete certain information we have about you.

Certain information is exempt from such requests under applicable law. You also may have the right to receive information about the financial incentives that we offer to you (if any). You also have certain rights under the CCPA not to be discriminated against for exercising CCPA rights. We will take steps to verify your identity before responding to your request, which may include requesting that you respond to an email that we send to you, or otherwise verifying your name, email address or other information that will help us to confirm your identity.

If you are an agent making a request on behalf of a consumer, you must verify that you are authorized to make that request, which may include requiring you to provide us with written proof that satisfies CCPA requirements, such as an appropriate letter signed by the consumer or a power of attorney. We also may require the consumer to verify their identity directly with us.

California Shine the Light Disclosure. California Civil Code Section § 1798.83 permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purpose. We do not share your personal information with third parties for their own direct marketing purposes.

7. HOW WE PROTECT YOUR INFORMATION

We have implemented measures designed to secure information we process from accidental loss and from unauthorized access, use, alteration, and disclosure. Additional details about the specific technologies used to secure information are available upon request by sending an email to support@docucomb.com

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 Platform, 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 information, we cannot guarantee the security of any information transmitted to our Platform.

We operate the Platform and manage the provision of the Services from the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Platform, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

8. DATA RETENTION

We hold Personal Data for as long as necessary to fulfill the purposes set forth in this Privacy Policy and/or, where we act as a Processor, as required by our contracts with the relevant Controller, and also as required by applicable law. Information may persist in copies made for backup and business continuity purposes for additional time.

9. INTERNATIONAL DATA TRANSFERS

We are headquartered in the United States, and recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as those of your country of residence.

10. CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat information for which we are a Controller, as determined in our sole discretion, we will notify you by email to the email address specified in your registered account and/or through a notice on the Platform.

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 (where you are a registered user of our Platform), and for periodically visiting the Platform and this Privacy Policy to check for any changes.

11. CONTACT INFORMATION

To ask questions or concerns about this Privacy Policy and our privacy practices or if you would like to make a complaint pursuant to the Privacy Shield Principles, please contact us atsupport@docucomb.com