Online Privacy Policy

This Online Privacy Policy (the “Policy”) sets forth the manner in which Immigrant Nation Inc. doing business as USAPath.com (hereinafter referred to as the “Company”) collects, uses, and protects personal information provided by users of the website, USAPath.com (the “Site”). By accessing the Site or using any services provided by the Company, users agree to the collection and use of their personal information in accordance with this Policy.

The Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.

BY USING OR ACCESSING THE WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

1. Collection of Personal Information

   The Company collects personal information from users through various means, including but not limited to forms on the Site, registration for services, participation in discussion boards or forums, and reporting of problems with the Site. The personal information collected may include the user’s name, address, email address, phone number, financial and credit card information, personal description, and photograph. Together, your identity information, billing information, application information and other data are referred to as “Personal Information.”

2. Use of Personal Information

   The personal information collected by the Company is used for the purpose of providing the requested services and features of the Site. This may include but is not limited to account management, customer support, and communication regarding updates or changes to the services provided by the Company.

3. Usage Data

   In addition to the personal information collected, the Company may also collect and analyze usage data of the users. Usage data includes information such as the user’s IP address, browser type, operating system, pages visited, and the duration and frequency of visits to the Site. This usage data may be used to improve the functionality and performance of the Site, customize the user experience, and conduct research and analysis to enhance the Company’s services.

   By accessing the Site or using any services provided by the Company, users consent to the collection and analysis of their usage data as described in this Policy. The Company may also share aggregated and anonymized usage data with third parties for statistical analysis and other lawful purposes. No personally identifiable information will be disclosed in such sharing.

   The usage data collected by the Company will be treated as non-personal information, and the Company shall have the right to use, disclose, and exploit such usage data for any purpose, in its sole discretion, without any obligation or liability to the users.

   Users may choose to disable or block the collection of usage data through their browser settings or other available mechanisms. However, please note that disabling or blocking the collection of usage data may affect the functionality and performance of certain features of the Site.

   The Company shall retain the usage data for as long as necessary to fulfill the purposes set forth in this Policy, or as required by applicable laws and regulations.

4. Cookies & Information Gathering Technologies

   The Company may use common Internet technologies, such as cookies and session tracking, to enhance the user experience and track interactions with the Site. Cookies are small files that are sent to the user’s computer and stored for record-keeping purposes. By accessing the Site or using any services provided by the Company, users consent to the use of cookies as described in this Policy.

   The Company may use both session cookies, which are temporary and are deleted upon closing the browser or turning off the computer, and persistent cookies, which remain on the user’s device for a specified period of time or until manually deleted. These cookies may be used for various purposes, such as remembering user preferences, analyzing trends, and customizing content and advertisements.

   Users may choose to disable or block cookies through their browser settings or other available mechanisms. However, please note that disabling or blocking cookies may affect the functionality and performance of certain features of the Site.

   The Company may also collect non-personally identifiable information, such as internet protocol (IP) addresses, to monitor user interactions with the Site.

5. Use of Information We Collect

   The personal information collected by the Company, as described in Section 1 of this Policy, shall be used solely for the purposes stated in this Policy and as necessary to provide the requested services and features of the Site. The Company shall not use or disclose the personal information for any other purposes without the explicit consent of the user, unless otherwise required by law.

   The Company may use the personal information collected to:

   • Manage user accounts and provide customer support, including responding to inquiries, resolving technical issues, and addressing user concerns;
   • Communicate with users regarding updates, changes, or improvements to the services provided by the Company;
   • Customize the user experience and personalize content based on user preferences;
   • Conduct research and analyze usage data to improve the functionality and performance of the Site;
   • Comply with applicable laws, regulations, or legal processes; and
   • Protect the rights, property, or safety of the Company, its users, or others.

   The Company shall not sell, rent, or lease the personal information collected to any third parties without the explicit consent of the user, unless otherwise required by law. However, the Company may share aggregated and anonymized usage data with third parties for statistical analysis and other lawful purposes, as described in Section 3 of this Policy.

   Users may choose to opt-out of certain uses of their personal information by contacting the Company at the contact information provided in Section 7 of this Policy. However, please note that opting out may limit the functionality and features available on the Site.

   The Company shall retain the personal information collected for as long as necessary to fulfill the purposes set forth in this Policy, or as required by applicable laws and regulations. After the retention period expires, the Company shall securely dispose of or anonymize the personal information in a manner that complies with applicable data protection laws.

   By accessing the Site or using any services provided by the Company, users consent to the collection, use, and disclosure of their personal information as described in this Policy.

6. Policy Regarding Children

   The Company is committed to protecting the privacy of children. The Site and the services provided by the Company are not intended for individuals under the age of 18. The Company does not knowingly collect or solicit personal information from children under the age of 18. If the Company becomes aware that it has collected personal information from a child under the age of 18 without parental consent, the Company will take immediate steps to delete that information from its records.

   Parents or legal guardians who believe that the Company may have collected personal information from a child under the age of 18 without proper consent should contact the Company immediately at the contact information provided in Section 14 of this Policy. The Company will promptly investigate and take appropriate actions to address the situation.

   By accessing the Site or using any services provided by the Company, users affirm that they are at least 18 years old or older. Any individual under the age of 18 is strictly prohibited from using the Site or providing any personal information to the Company.

   The Company reserves the right to request age verification or parental consent at any time to ensure compliance with this Policy and applicable laws and regulations regarding the collection of personal information from children.

   If you are a California resident under the age of 18 and are a registered user of the Site, you may request the removal of any content or information that you have posted on the Site by contacting the Company at the contact information provided in Section 14 of this Policy.

   The Company encourages parents and guardians to supervise and monitor the online activities of their children and to participate in their online experience to ensure their privacy and safety.

7. Information Sharing and Disclosure

   The Company may share users’ personal information with third parties in the following circumstances:

   • Service Providers: The Company may engage third-party service providers to perform certain functions on its behalf, such as payment processing, data analysis, customer support, or marketing assistance. These service providers will have access to users’ personal information only to the extent necessary to perform their functions and are obligated to maintain the confidentiality and security of such information.
   • Legal Compliance: The Company may disclose users’ personal information if required to do so by law or in response to a valid legal request, such as a court order, subpoena, or government investigation. The Company may also disclose personal information to protect its rights, property, or safety, or the rights, property, or safety of its users or others.
   • Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of its assets, the Company may transfer users’ personal information to the acquiring entity. The Company will notify users via email or a prominent notice on the Site before their personal information is transferred and becomes subject to a different privacy policy.
   • Consent: The Company may share users’ personal information with third parties if it has obtained their explicit consent to do so.

     The Company will not sell, rent, or lease users’ personal information to any third parties without their explicit consent, unless otherwise required by law.

     By accessing the Site or using any services provided by the Company, users consent to the sharing and disclosure of their personal information as described in this clause.

8. Retention of Personal Information

   At a minimum, we will retain your Personal Information for as long as it may be needed to provide you Service and as needed to comply with the Company’s legal obligations. Unless you request deletion of your Personal Information sooner, we may hold any of your Personal Information which may be used to provide future Services for up to ten years. Upon request, Company will inform you about whether we hold any of your Personal Information. You may terminate your account and request deletion of your Personal Information by emailing us at supportprivacy@USAPath.com or by calling 925.244.0600. Under some circumstances, we may be legally required to retain your Personal Information for other reasons will not be able to comply with a request to delete data.

9. Security Measures

   The Company takes reasonable measures to protect the security of users’ personal information. While no transmission of information over the internet is completely secure, the Company uses robust security measures to prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of personal information. All information provided by users is stored on secure servers with limited access. The Company utilizes encryption technology, firewalls, intrusion detection, antivirus software, and physical security measures to protect the integrity and confidentiality of personal information. However, no method of transmission over the internet or method of storage is 100% secure. We cannot guarantee that our security measures will prevent our computer systems from being accessed illegally, nor can we guarantee that the information on our computer systems will not be viewed or stolen. ACCORDINGLY, IMMIGRANT NATION INC. DISCLAIMS ALL LIABILITY FOR THE THEFT, INTERCEPTION, LOSS, OR UNAUTHORIZED ACCESS TO DAMAGE TO YOUR INFORMATION. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, YOU ACKNOWLEDGE THAT USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK.

10. Data Backup and Availability

    The Company performs regular data backups to ensure the availability and quick recovery of users’ data in the event of a disaster. Data backup is conducted in multiple geographically separate locations to minimize the risk of data loss.

11. California Residents

    California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits users who are California residents to request and obtain from us, twice a year and free of charge, information about the Personally-Identifying Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of the Personally-Identifying Information that was shared and the names and addresses of all third parties with which we shared Personally-Identifying Information in the immediately preceding calendar year. Specifically, under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, California users are entitled to request free of charge the following:

    • Disclosure of Personal Information that the Company collects about you that includes; (i) the categories of personal information the Company collected about you,(ii) the categories of sources from which the personal information is collected (iii) the Company’s business or commercial purpose for collecting or selling personal information; (iv) the categories of third parties with whom swatchbook shared personal information if any; and the specific pieces of personal information that the Company collected about the user.
    • Personal Information Sold or Used for a business purpose about the user that includes; (i) the categories of personal information about the user which the Company sold and the categories of third parties to whom the personal information was sold and (ii) the categories of personal information about the user that the Company disclosed for a business purpose.
    • Right to deletion, subject to certain exception upon receipt of a verifiable request from the user, the Company will: (i) delete all the user’s personal information from its records and (ii) direct any service providers to delete the user’s personal information from their records.
    • Protection Against Discrimination- users have a right to not be discriminated against by the Company because the user exercised any of his or her rights under the CCPA, which means that the Company cannot, among other things: (i) deny the user goods and services (ii) charge different prices or rates for goods or services including through the use of discounts or other benefits or imposing penalties (iii) provide a different level or quality or service to the user or (iv) suggest that the user will receive a different price or rate for goods or services or a different level or quality of goods or services. However, the Company may charge a different price or rate or provide a different level or quality of goods or services to user, if that difference is reasonably related to the value provided to the Company by the user’s personal information.

    The Company is not required to retain any personal information about a user that was collected for a single one-time transaction if, in the ordinary course of business, that information about the user was not retained or reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information. Furthermore, pursuant to the CCPA, users have the option to opt-out of the sale and/or disclosure of a user’s Personal Information by following the process set forth in the “OPT-OUT RIGHT” section of this policy.

    Furthermore, the Company may not be required to delete a user’s personal information where it is necessary:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty, provide a good or service requested by the user, or reasonably anticipated within the context of the Company’s ongoing relationship with the user, or otherwise perform a contract between the Company and the user;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your unformed consent;
• Enable solely internal uses that are reasonably aligned with user expectations based on user’s relationship with Company;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed herein Section 15.

12. EU Data Transfer and Individual Rights

    We are a Company based in the United States. All your personal data is processed in the United States. However, we may choose to transfer your personal data to a processor located outside of the EU to assist us in providing our services. In the event that the Company transfers personal information of users located in the European Union (“EU”) to countries outside the EU, the Company shall ensure that such transfer is conducted in accordance with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (“GDPR”).

    Users located in the EU have the right to request access to their personal information held by the Company. Upon receipt of a valid request, the Company shall provide the requested information within a reasonable timeframe, in compliance with applicable data protection laws and regulations.

    Users located in the EU have the right to request the rectification of any inaccurate or incomplete personal information held by the Company. The Company shall promptly rectify such information upon receipt of a valid request, in accordance with applicable data protection laws and regulations.

    Users located in the EU have the right to request the erasure of their personal information held by the Company under certain circumstances, such as when the personal information is no longer necessary for the purposes for which it was collected or when the user withdraws their consent. The Company shall comply with such requests, subject to any legal obligations or legitimate interests that require the retention of the personal information.

    Users located in the EU have the right to request the restriction of processing of their personal information held by the Company under certain circumstances, such as when the accuracy of the personal information is contested or when the processing is unlawful. The Company shall comply with such requests, subject to any legal obligations or legitimate interests that require the continued processing of the personal information.

    Users located in the EU have the right to request the portability of their personal information held by the Company to another controller, where technically feasible. The Company shall provide the personal information in a structured, commonly used, and machine-readable format, in compliance with applicable data protection laws and regulations.

    Users located in the EU have the right to object to the processing of their personal information by the Company on grounds relating to their particular situation, unless the Company demonstrates compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the user, or for the establishment, exercise, or defense of legal claims.

    Where the processing of personal information is based on consent, users located in the EU have the right to withdraw their consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

    For questions or concerns regarding the EU Data Transfer and Individual Rights provisions of this Policy, users located in the EU may contact the Company at [support@USAPath.com] or by calling 925.244.0600.

    Users located in the EU have the right to lodge a complaint with a supervisory authority if they believe that the processing of their personal information by the Company infringes applicable data protection laws and regulations.

13. Privacy Policy Updates

    The Company reserves the right to modify or update this Policy at any time. Users will be notified of significant changes to the Policy by email or through a service announcement on the Site. Continued use of the Site after the effective date of changes to the Policy constitutes acceptance of the modified Policy.

14. Governing Law

    This Policy shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.

15. Contact Information

    For questions or concerns regarding this Policy or the information practices of the Company, users may contact the Company at privacy@USAPath.com

16. Entire Agreement

    This Policy constitutes the entire agreement between the user and the Company regarding the collection, use, and protection of personal information and supersedes any prior or contemporaneous agreements, communications, or understandings, whether oral or written.