Privacy Policy
Last Updated: October 15, 2024
This Privacy Policy (this “Privacy Policy”) applies to the privacy practices of Mighty Immersion, Inc, a Delaware corporation doing business as ManageXR (referred to herein “us”, “we”, “Mighty Immersion”, or “ManageXR” or similar terms), with respect to ManageXR’s website and marketing activities. If you are a company or business to whom we provide our ManageXR Platform and related services (or the employees, representatives or other end users of such companies or businesses), this Privacy Policy does NOT apply to you. Please visit our ManageXR Terms of Service, your other applicable ManageXR service or SaaS agreements (if any), and our ManageXR Data Processing Addendum for more information related to how we handle information collected via the ManageXR Platform and our related services.
Please also note that if you are a resident of California or the European Union/European Economic Area, Switzerland or United Kingdom, additional terms apply to you as set forth in our California Consumer Privacy Act (CCPA) Addendum to ManageXR Website Privacy Policy or our General Data Protection Regulation (GDPR) Addendum to ManageXR Website Privacy Policy.
1. Application and Introduction.
This Privacy Policy informs you how ManageXR collects, uses, secures and shares information collected by us when you interact with us in the following ways (collectively referred to as “Interactions” including similar terms like “Interacting”, etc.):
- Visit our www.managexr.com website and related websites (collectively, the “Site”);
- Visit our offices;
- Receive communications from us, including invitations, resources, materials, emails, phone calls or texts; and
- Submit requests, inquiries or other communications (both solicited and unsolicited) to us regarding our services and offerings, including our ManageXR services (collectively, our “Services”).
Please note that this Privacy Policy relates only to information we collect in connection with the Interactions and does not address the privacy practices we employ in connection with the Services. Please visit our ManageXR Terms of Service, your other applicable ManageXR service or SaaS agreements (if any), and our ManageXR Data Processing Addendumfor more information related to how we handle information collected via the Services. For clarity, if you Interact directly with us in a capacity other than as an Authorized User of our Services (as defined in an applicable customer agreement or Terms of Service) (e.g. before a customer agreement is in place, outside of such use, via the Site (and not via the ManageXR Platform, etc.), your information will may be used by us pursuant to the terms of this Privacy Policy, even if you may also access our Services via our relationship with a Customer.
BY INTERACTING WITH MANAGEXR, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT FEEL COMFORTABLE WITH ANY PART OF THIS POLICY AND DO NOT WISH TO BE BOUND BY THIS POLICY, PLEASE CEASE ALL INTERACTIONS WITH US AND YOU CAN ASK US TO DELETE YOUR INFORMATION AS SET FORTH BELOW.
2. Definitions. The following terms shall have the following meanings for purposes of this Privacy Policy. Capitalized terms not defined in this Section are defined elsewhere in this Privacy Policy.
“Affiliate(s)” means the Company’s owners, officers, directors, affiliated companies, suppliers, partners, sponsors, and agents and representatives, and includes (without limitation) all parties involved in facilitating the Interactions and/or in creating, producing, and/or delivering the Site or any of our Services.”
“Applicable Laws” means any applicable law, rule, regulation or other government requirement.
“Personal Information” means data that can be used to identify, contact, or locate a natural person, which may include but is not limited to, name, address, telephone number, e-mail address, online contact information (including, without limitation, an instant messaging user identifier or a screen name that reveals an individual’s e-mail address), account numbers (financial and otherwise), government-issued identifier (including, but not limited to, social security number) and any other data considered personal information or personal data under Applicable Laws (including, in some jurisdictions, IP addresses, and where applicable cookie information and mobile identifiers).
“User”, “Visitor” or “you” or “your” (and similar terms) means any person or entity that visits, views, uses or accesses any portion of the Site or otherwise Interacts with us. “User” and related terms shall include employees or agents of an entity to the extent such individuals share their personal information directly with ManageXR as set forth herein.
3. Modification of Privacy Policy; Notice of Changes.
The Company reserves the right to change this Privacy Policy at any time and for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting the revised Privacy Policy on the Site. User acknowledges and agrees that it is User’s responsibility to review the Site and this Privacy Policy periodically and to be aware of any modifications. User’s continued Interactions with us after such modifications will constitute User’s (i) acknowledgment of the modified Privacy Policy; and (ii) agreement to abide and be bound by the modified Privacy Policy.
4. Types of Information Collected.
In order to better provide the Site and facilitate the Interactions, ManageXR collects different types of information as described below (collectively referred to as “User Information”). ManageXR’s primary goals in collecting information from User are to (i) provide User with a smooth, efficient, and customized experience while using the Site and otherwise Interacting with us, (ii) collect information related to the Site and our Interactions, and (iii) engage in advertising and marketing activities, and to provide You with special offers and other information about our Services as well as our other products, events and services and those of our business partners.
4.1 Information You Voluntarily Provide. When you Interact with us, you may voluntarily provide us with certain information. For instance, you may fill out and submit an online form provided on the Site or send ManageXR an email or message. In these instances, the information we collect may include Personal Information, such as first and last name, organization name, professional title, physical address, email address and telephone number. Depending upon the activity, some of the information ManageXR asks a User to provide is identified as mandatory and some as voluntary. If the User does not provide the mandatory information with respect to a particular activity (for example, providing contact information in connection with a request to receive more information regarding our Services), User will not be able to engage in the corresponding activity. Likewise, if User independently elects to contact us via email, telephone, social media networks or otherwise, ManageXR will by virtue of those communications and contacts also receive Personal Information related to the Visitor (e.g., name, telephone number, email address, social media identifiers, etc.). If ManageXR does not collect this information, ManageXR will not be able to respond to User information requests.
4.2 Access and Usage Information. We may collect IDs and IP addresses (and in some jurisdictions IP addresses may be considered Personal Information depending on what is exactly collected and how it is used) associated with the devices (computers, handheld devices, etc.) through which our Users Interact with us. We may collect the address of the web page visited before visiting the Site, browser type and settings, your operating system, the date and time a particular Interaction occurred, information about browser configuration and plugins, language preferences and cookie data. We may also collect Site traffic data such as information related to portions of the Site you visit, the topics you are interested in, the posts you view, metadata that is generated by your use, etc.
4.3 Location Information. We receive information from you that helps us approximate your location. We may, for example, we may use a mailing address submitted by you, or an IP address or other location information received from your browser or mobile device through which you access the Site to determine your approximate location.
4.4 Cookie Information. We may use a variety of cookies and similar technologies in connection with the Site to help us collect other information. For more details about how we use these technologies, and your opt-out opportunities and other options, please see our Cookie Policy and read more below in our Cookie Section.
4.5 Third Party Information. We may collect, store and use certain information from third party sites and services that are accessible via or integrated with or otherwise contemplated by or complimentary to the Interactions (e.g. Calendly, Google, Meta, LinkedIn, Reddit or Twitter accounts). We may also receive access, store and/or use User Information that is collected by third party service providers and our other vendors related to the Site and other Interactions (e.g. Google Analytics). When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email. Other individuals may also provide us with information about you. For instance, we may receive your contact information or email address from other Users if they share it with us on the basis that you may like to receive information regarding our Services. Individuals may use social media tags or identifiers to indicate that you are interested in learning more about our Services. This may include referrals or social media tags from your colleagues, contacts or employer.
5. Methods of Collection.
5.1 Your Disclosure of Information. As described above in Section 4.1, ManageXR collects Personal Information about a User when a User voluntarily provides it to ManageXR or it is voluntarily provided in connection with an integrated third-party site or account (for instance, populating and submitting lead forms integrated with Meta, LinkedIn, Calendly and Google). For example, a User provides certain Personal Information to ManageXR when a User (i) submits web forms or provides/imports information or materials through the Site or other Interactions (for example, requesting information about our Services or subscribing to marketing communications); (ii) transmits other information by telephone or email, including any “contact us” or “can we help you” web forms we from time to time offer; or (iii) provides it via other methods ManageXR may request or allow from time to time. ManageXR may also collect information from a User at locations on the Site that state that such information is being collected.
5.2 Automatic Collection of User Information. As described above, ManageXR may also automatically collect, including through third party service providers (e.g. Google Analytics), certain information automatically. Such User Information may be collected when you access the Site or otherwise Interact with us and may not require you to provide or input specific information.
5.3 Other Potential Methods for Collecting User Information. ManageXR, and/or its Affiliates or its service and technology providers may use various other methods to collect User Information. These methods may include, but are not limited to (i) cookies – a small text file containing a string of alphanumeric characters placed on User’s computer or mobile device that identifies User’s web browser; (ii) analytics and user tracking technologies that may allow us to monitor what actions Users take with respect to the Site or when otherwise Interacting with us; (iii) log files – information, which is automatically reported by User’s web browser each time User views a web page, possibly including, but not limited to, User’s IP address, browser type and language, number of clicks, domain names of websites visited, pages viewed, and the order of those pages, the amount of time spent on particular pages, the date and time; (iv) clear gifs – web beacons, which are pieces of data used to track the online usage patterns of Users anonymously, and which may also be used in HTML-based emails sent to Users to track which emails are opened by recipients; (v) widgets integrated with the Site (for instance, a widget which enables a chat function through which we communicate with Users and also collect information); (v) third party service-based technologies and information, including, but not limited to, linked services (such as Google Accounts or LinkedIn Mail) that User authorizes to share information about User with ManageXR; (vi) other social media or third party site connects or authorizations to share information – for instance, we may collect information and materials disclosed by you on third party message boards, chat features, blogs, public databases and websites, social media platforms and other services or platforms; (vii) other available technologies that may be integrated into the Site or otherwise employed by us in connection with the Interactions; (viii) requests for data or information collected through the Site or in connection with our Interactions; and (ix) other general marketing activities that provide a User the opportunity to share User Information with us (e.g. a webinar with a sign up feature, etc.).
6. Use of Information. We use the information we collect or receive (including Personal Information) as follows, including by sharing it with third parties as described below:
6.1 Providing the Site. ManageXR primarily uses the information we collect to provide the Site and allow you to use the features and functionality of the Site.
6.2 Improving Our Site; Analytics. We may use the information we collect and feedback we receive to improve our Site, including troubleshooting errors and identifying trends, usage, activity patterns, and areas for integration, and to develop new products, features and technologies that benefit our user community and the Site. We may also use information to develop new products, services, features and benefits.
6.3 Communications with Users and Facilitating Interactions. We use contact information to communicate with Users regarding the Site and in connection with any Interactions with Users. For instance, we may communicate with our Users by sending communications via email or chat, responding to questions and requests, providing User support, and sending notices, updates, alerts, and administrative messages.
6.4 Personalization. We use User Information to personalize your Interactions with us.
6.5 For Safety and Security. We use User Information to verify activity and use, to detect, prevent, and respond to potential or actual security incidents and to monitor and protect against other malicious, deceptive, fraudulent or illegal activity, including violations of our policies.
6.6 Marketing and Commercial Use. We use User Information to engage in advertising and marketing efforts and provide you with offers and other information about us and our Services as well as other products, events and services of ours, our Affiliates, and non-affiliated third parties (e.g. permitting our marketing partners such as Google or Meta to perform advertising activities on our Site for remarketing, audience building, etc.). We may also provide your Personal Information to our third party partners, subject to any Applicable Laws and the terms of this Privacy Policy.
6.7 Business Use of Aggregated or Anonymous Data. As permitted by Applicable Law, we may also use the information collected on an anonymized and/or aggregated basis for the purpose of performing tracking and analysis and developing and sharing reports related thereto and for our other business and commercial purposes.
6.8 Legal Actions. We may also share any information we store or collect in response to a legal process, or when necessary to protect our Site and Services, or if otherwise required or recommended by applicable law. We may also share the information with law enforcement on a proactive basis if the information relates to potential illegal or fraudulent activities. We may also use information to resolve disputes and in order to enforce our rights and our agreements.
6.9 Bankruptcy and Acquisitions. In the event that the ownership of ManageXR or an Affiliate or their assets changes as a result of a merger, acquisition, sale of assets, change of control or in the unlikely event of a bankruptcy, the information we have collected is ManageXR’s asset and may be transferred to another company.
7. Sharing of User Information. ManageXR may share and disclose User Information with third parties, including as follows:
7.1 Our Service Providers. We may engage third parties to provide certain portions of the Site and to facilitate our Interactions and we may provide User Information to them in order to enable them to perform their activities (e.g. vendors and service providers who provide assistance with hosting, data analysis and insight, technical support and customer service). These parties are also known as our Subprocessors as defined and more fully described below. Without limiting the foregoing, please note that we may use third-party pixels for services like Google Analytics, Meta, and certain remarketing providers. See our Subprocessor List for more information regarding our specific third party service providers who act as subprocessors.
7.2 Partners. We may share your User Information with our corporate partners, and other third parties related to our business or for their business purposes. This may include third parties for their marketing or commercial purposes.
7.3 Affiliates. We may share your User Information with our Affiliates who will use such information in accordance with their Privacy Policies.
7.4 Corporate and Asset Transactions. If we sell all or substantially all of our business or sell or transfer all or a material part of our assets, or are otherwise involved in a merger, sale or transfer of all or a substantial part of our business, we may transfer all information we have collected and stored, including User Information, to the party or parties involved in the transaction as part of that transaction.
7.5 Other Uses. We may share your User Information as we believe to be necessary or appropriate: (a) under Applicable Law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our Terms of Service and Customer and SaaS agreements; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our Affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
8. California Consumer Privacy Act – CCPA.
California has adopted the California Consumer Privacy Act of 2018 (as amended, “CCPA”). The CCPA relates to how businesses collect, use, and disclose “Personal Information” relating to California residents. The phrase “Personal Information” is defined by the CCPA as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Personal Information of a Consumer (as defined by CCPA) includes things such as: identifiers (such as contact information, government IDs, cookies, etc.), information protected against security breaches (such as a Consumer’s name and financial account, driver’s license, social security number, user name and password, health/medical information), protected classification information (like race, gender, ethnicity, etc.), commercial information, Internet/electronic activity, precise geolocation, audio/video data, professional or employment related information, education information, biometrics, and inferences from the foregoing.
Users who are located in California have additional or different rights under CCPA relevant to their Personal Information. Please see ManageXR’s CCPA Addendum to this Privacy Policy for more information.
9. General Data Protection Regulation – GDPR.
Users that are residents of the European Economic Area or certain other European countries have certain rights under the European Union’s General Data Protection Regulation and/or other applicable European privacy laws (collectively, “GDPR”). Those Users are referred to as “Data Subjects” by the GDPR and the GDPR applies to “Personal Data” of those Users. “Personal Data” is defined as information relating to an identified or identifiable Data Subject (as defined by GDPR).
Users who are located in the European Economic Area, the United Kingdom or certain other European countries have additional or different rights under GDPR relevant to their Personal Data. Please see ManageXR’s GDPR Addendum to this Privacy Policy for more information.
10. Subprocessors.
ManageXR may from time to time use certain subcontractors (i.e., subprocessors) in connection with providing the Site and facilitating the Interactions (“Subprocessors”). Your User Information may be provided to and used by such third parties. See our Subprocessor List for more information regarding the specific Subprocessors we use. To the extent possible, we seek to limit the rights of these parties with respect to your User Information where reasonable, and we do not grant any rights to these organizations to use this information for any marketing or other purpose beyond providing services to us in connection with our business activities; provided that these limitations do not apply to our third party business partners that we may provide information to for marketing or commercial purposes as described above.
11. Data Security.
ManageXR implements industry standard practices on information security management to safeguard information we collect via the Site and in connection with the Interactions. Our information security systems apply to people, processes and information technology systems on a risk management basis.
Because no method of transmission over the Internet, or method of electronic storage, is 100% secure, ManageXR cannot guarantee that unauthorized parties will not gain access to information or data processed by us. As a result, while ManageXR strives to protect User Information, User acknowledges that (i) there are security and privacy limitations of the Internet and mobile platforms which are beyond ManageXR’s control; (ii) the security, integrity and privacy of any and all information and data exchanged between User and ManageXR through the Interactions and data and information that is stored by ManageXR cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit or in rest by a third party. AS A RESULT, WITH REGARD TO THE SECURITY AND INTEGRITY OF USER INFORMATION, USER INTERACTS WITH MANAGEXR AT USER’S OWN RISK.
ManageXR will notify Users of any data breach or security incident impacting information or data collected from Users in any material respect. To the extent permitted by Applicable Law, ManageXR expressly excludes any liability arising from any unauthorized access to personal or sensitive information.
12. Updating and Correcting Information.
ManageXR believes Users should have the ability to access and edit the User Information that you have provided to ManageXR. Users may contact ManageXR to determine what User Information we have on such User by contacting ManageXR through the appropriate contact information or web forms located on the Site.
Please include first and last name, address, and email address when contacting ManageXR. ManageXR encourages each User to promptly update their User Information if it changes. In addition, it may be impossible to completely delete a User’s User Information without some residual information because of reasons including, but not limited to, server backups and disaster recovery. User acknowledges that altering, updating or deleting any User Information may alter the functioning or operation of some or all of the Site or other Interactions for User.
Individuals located in the European Economic Area, Switzerland, or the United Kingdom during data collection should refer to ManageXR’s GDPR Addendum to this Privacy Policy for more information about their access, correction and other rights in relation to their Personal Data. Individuals located in California during data collection should refer to ManageXR’s CCPA Addendum to this Privacy Policy for more information.
13. User Choices on Collection and Use of Information.
13.1 Email(s). ManageXR may, from time to time, send User email(s) regarding ManageXR’s products and services or the Services. If User does not want to receive such mailings, simply contact ManageXR as set forth in this Privacy Policy or as set forth in such emails.
13.2 Disabling Cookies. User also has choices with respect to cookies, as described below. By modifying browser preferences, User may have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies.
13.3 Opt-Out. At any time, you may opt out of allowing us to use your User Information by contacting us at the information set forth below in Section 17. We will process your request within a reasonable time. However, please note that in certain instances, we may have already used or shared your User Information consistent with this Policy prior to your opt out. In addition, you may not be able to Interact with us if you opt-out.
14. Additional Information on Cookies and Other Tracking Technologies.
14.1 General Information. When User visits the Site, ManageXR may store cookies on User’s computer in order to facilitate and customize User’s Interactions with us. Also, certain service providers that we use to facilitate the Interactions may place a separate cookie or other tracking technologies on your computer (e.g. Google Analytics, Stripe, etc.). A cookie is a small data text file, which a web site stores on User’s computer’s hard drive (if User’s Web browser permits) that can later be retrieved to identify User to ManageXR. The cookies make User’s Interactions with us easier, make the Interactions run more smoothly and help ManageXR to Interact with Users securely, although ManageXR makes no such guarantees. User is always free to decline ManageXR’s cookies and other tracking technologies if User’s browser permits or via ManageXR provided cookie controls, but some parts of the Site or the other Interactions may not work properly in that case. To learn more about cookies, including how to enable cookies, change your browser settings and find and delete cookies on your hard drive, please refer to your web browser’s help menus or visit www.allaboutcookies.org. Learn more about our cookie practices and policies on our Cookie Policy.
14.2 Third Party Cookies. As part of your Interactions, certain service providers may place a separate cookie on your computer (e.g. Google Analytics, HubSpot, etc.). Learn more about our cookie practices and policies on our Cookie Policy.
15. Scope of Privacy Policy. This Privacy Policy only addresses the use and disclosure of information ManageXR collects from Users. Other sites, including sites that may be linked to or available via the Site, have their own privacy policies and data collection use and disclosure practices. Please consult each site’s privacy policy, including, without limitation, those set forth above. ManageXR is not responsible for the policies or practices of unaffiliated third parties that are not our Subprocessors.
16. Do Not Track Disclosures; California Requirements.
16.1 Do Not Track. Do Not Track is a privacy preference that Users can set in their web browsers. When a User turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the User. For information about Do Not Track, visit www.allaboutdnt.org. At this time, ManageXR does not respond to Do Not Track browser settings or signals. In addition, ManageXR may use other technology that is standard to the Internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to the Site or that otherwise Interact with us. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal. Learn more about our cookie practices and policies on our Cookie Policy.
16.2 Request of Information for California Users. California Civil Code Section 1798.83 entitles California Users to request information concerning whether a business has disclosed certain information about you to any third parties for the third parties’ direct marketing purposes. California Users who wish to request further information in compliance with this law or have questions or concerns about our privacy practices and policies may contact us as specified in the “Questions or Concerns About this Privacy Policy ” section below.
16.3 Do Not Sell My Personal Information. ManageXR may provide, sell or rent Personal Information collected via the Site and other Interactions to third parties in the context of advertising and tracking via third party services (e.g. Google or Meta) and we may sell or share your Personal Information as we have described or may in the future describe in this Policy, including to third party partners for their commercial purposes. The CCPA provides California consumers with the right to opt-out of the sale of their Personal Information. Accordingly, California consumers may submit requests for ManageXR not to sell their Personal Information here. ManageXR will honor all verified requests that it receives. For more information on this issue, please see the CCPA Addendum to the ManageXR Website Privacy Policy.
17. Miscellaneous Terms.
17.1 Age Policies. User must be at least 18 years old to have ManageXR’s permission to Interact with us. ManageXR’s policy is that ManageXR does not knowingly collect, use or disclose any User Information (or other information) about Users that are under 13 years of age.
17.2 Server Host Country. The Site is hosted in and ManageXR is located in the United States. By providing User Information to ManageXR, User consents to: (i) the use of User’s User Information for the uses identified above in accordance with this Privacy Policy; and (ii) the transfer of User’s User Information to the United States as indicated above. We will ensure appropriate safeguards are in place to protect the privacy and integrity of all User Information transferred to the United States. For Users from European Union/European Economic Area, Switzerland or United Kingdom, ManageXR’s GDPR Addendum to this Privacy Policy applies to transfers of your User Information to the United States.
17.3 Questions or Concerns About this Privacy Policy. If you have any questions about this Privacy Policy, contact ManageXR at support@managexr.com.
17.4 Data Retention. We may retain and use your User Information as necessary to comply with our legal obligations, or resolve disputes. Consistent with these requirements, we will delete your User Information within the time limits imposed by Applicable Law, if any. When we have no justifiable business need to process your User Information, we will either delete, anonymize it, aggregate it or, if this is not possible (for example, because your User Information has been stored in backup archives), then we will securely store your User Information in accordance with industry standards and isolate it from any further processing until deletion is possible. ManageXR reserves the right to store and use all anonymized and aggregated indefinitely.
17.5 Interpretation. The term “including” as used in this Policy shall mean “including, without limitation,” unless the context otherwise requires.
BY ACCESSING OR USING THE SITE OR OTHERWISE INTERACTING WITH US, USER AGREES TO BE BOUND BY THIS PRIVACY POLICY. IF USER DOES NOT WISH TO BE BOUND BY THIS PRIVACY POLICY, PLEASE EXIT THE SITE AND CEASE ALL FURTHER USE THEREOF AND ALL FURTHER INTERACTIONS WITH US. USER’S AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS PRIVACY POLICY BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S VISIT TO THE SITE OR OTHER INTERACTION WITH US.