Privacy Policy

Table of Contents

Last Updated May 2019

Itopia, Inc. (“itopia” or any first-person pronouns such as “We,” “Us,” “Our,” or “Ours”), recognizes the importance of protecting the privacy of information We may receive from users of Our website (the “Website”).  For the purposes of this Privacy Policy, users include anyone who accesses the Website (together, “User” or “Users” or any second-person pronouns such as “You,” “Your” or “Yours”).

This Privacy Policy, along with Our Terms of Use, describes the information We collect from Users, how We may use it and with whom We may share that information, the safeguards We use to protect such information and the choices You may make with respect to Your personal information.

Defined terms not otherwise defined herein shall have the same meaning as in Our Terms of Use.

1. Information We Collect

We have constructed Our Website so that You may visit Us and review information about Our services and products, without revealing Your identity or volunteering any personally identifying information. Please be aware that We automatically collect certain information about Users, including the Internet Protocol (“IP”) address of Your computer, browser type, date and time of Your visit, how long You visited certain pages on the Website, and the page, service or product You are requesting. If You choose to contact Us, request information, or inquire about a service or a product, We will collect personally identifiable information (“PII”) from You, such as that indicated below, and this information may be combined, to provide You with information You request and to ensure that We maintain complete, current and accurate personal information. In order to receive information from the Website, You may be required to provide Us with certain information, including, for example, Your e-mail address.  Failure to provide such data may make it impossible for Us to provide You with information. We may use PII or aggregate and/or de-identified data about Users (“Aggregate Information,” or “AI”) for various purposes, including:
  • administering and enabling the use of the Website, including, but not limited to, communications at the email or physical addresses, or phone number provided by You, notification regarding the Website, such as any future amendments to its privacy practices or this Privacy Policy;
  • ensuring all Users follow Our Terms of Use and other rules and policies;
  • banning a User temporarily or permanently for failure to follow Our Terms of Use, rules and policies, or for other misconduct or inappropriate behavior;
  • responding to questions and comments from Users;
  • enabling Users to receive newsletters, updates, and other materials related to Us;
  • monitoring and analyzing the Website (including, but not limited to, measuring Users’ interest in, and use of, various areas of the Website);
  • improving the functionality, design and quality of the Website;
  • performing the technical administration of the Website;
  • investigating cases of suspected abuse or fraud;
  • preparing statistical and other summary analyses of Our Users’ behavior; and
  • any other purpose that We determines at Our discretion is related to the use, advertising, marketing, promotion or other of Our, or the Website’s legitimate purposes.
(Collectively, “Our Purposes”).;

2. Cookies

The Website deploys cookies. These are small text files that the Website places on Your computer or other web-accessing devices. These cookies allow Us to distinguish You from other Users of the Website, and to enhance the Website and Your experience when You browse it. We also collect information about Your use of the Website through cookies and similar technology. Cookies allow Us to recognize You and maintain Your preferences when You return to the Website. Cookie technology collects “clickstream” data, which do not include personally identifying information, but which reflect Your activities on the Website and help Us to improve the Website and anticipate what may be of most interest to Our Users, by monitoring traffic in popular areas and modifying the services and information to meet demand. We use cookies on the Website to (i) direct Users to the relevant sections on the Website, (ii) ensure the Website delivers a consistent look across different browsers and devices, (iii) enable complex areas of the Website to function, (iv) to track aggregated statistics about visits to the Website to help Us improve Website’s performance.

Most web browsers allow control of cookies through the browser settings. You can set Your browser to notify You when You receive a cookie, which will enable You to decide if You want to accept it or not. However, if You do not accept a particular cookie, certain elements of the Website may not function correctly or completely.

3. Information You Provide Through the Website

If You choose to contact Us through the Website, We directly collect certain information from You, which may include Your name, a functioning email address and home or business address where You can be reached, and a phone number. We will utilize such personal data for the purpose for which You submitted it to Us, such as to respond to Your inquiry, provide You with Our services or products, or for any of Our Purposes. By voluntarily providing Us with Your personal data, You are consenting that We may use such personal data in accordance with this Privacy Policy.

We do not collect or maintain PII for resale purposes, or share Your information with any other company or organization, except as indicated herein or to the extent such other company or organization is acting as Our agent for purposes of communicating with You by mail, e-mail, or otherwise. In addition, We will not send promotional materials to Users who indicate that they do not wish to receive such messages.

4. Do Not Track Disclosure

You can set Your browser to a Do Not Track (“DNT”) setting, to notify websites You browse that You do not want them to collect and/or track Your personal information.  If You do not want Us to track Your PII and other personal data, please do not share Your PII with Us.

5. Information Sharing Disclosure Requests

If You are a California resident, You have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom We or any of Our affiliates has shared the personal information We have collected from You.  You may request the Notice of Information-Sharing Disclosure by writing to Us at: [], or by e-mailing Us at [].  We will respond to Your request for a Notice of Information-Sharing Disclosure within 30 days.

6. Legal Requirements

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law.  We may, without providing notice to You, disclose any information about Users, including PII, to government or law enforcement officials or private parties where We are required to do so by law, including, but not limited to, in response to a court order or subpoena.  We may also, without providing notice to You, disclose PII in response to a request by a law enforcement agency or other public agency or if We believe such disclosure may prevent or mitigate the threat of crime or harm to Users or others, facilitate an investigation related to a User’s safety or public safety, protect the security or integrity of Our Website, or enable Us to take precautions against liability.

7. Your Privacy Choices

If a User becomes aware that personal information We maintain about them is inaccurate, incomplete, misleading, irrelevant or out of date, or if an individual would like to access, update or review their information, the individual is solely responsible for updating such information, and may do so by contacting Us using the contact information below. We will attempt to provide the requested information or make requested changes to the extent allowable by applicable privacy laws. In any event, We will respond to You as soon as reasonably possible to advise You of the outcome of Your request. You may request the removal of previously provided personal information at any time using the contact information below. The deletion of such data, however, may affect Our ability to provide You with Our services and/or products.  We reserve the right to verify the identity of any person making an opt-out or correct/update request, but shall have no liability whatsoever resulting from false or erroneous requests.  

You may update Your personal information, communications preferences, or opt out from receiving promotional materials at any time by contacting Us at marketing@itopia.com.

8. Updates to Our Privacy Policy/Notification of Changes

We are continually improving and adding new functionality and features to its Website. Because of these ongoing improvements, changes in the law and the changing nature of technology, Our data practices will change from time to time. Accordingly, We reserve the right to update or modify this policy at any time and from time to time without prior notice. If and when Our data practices change, We will post the revised policy on the Website. Such changes to the Privacy Policy will become effective when posted. Unless stated otherwise, Our current Privacy Policy applies to all personal data that We have about You. We stand behind the promises We make, however, and will not materially change Our policies and practices to make them less protective of personal data collected in the past without the consent of affected individuals. Notwithstanding the above, Your continued use of the site after any changes or revisions to this Privacy Policy shall indicate Your agreement with the terms of such revised Privacy Policy. We encourage You to check this Privacy Policy regularly.

9. Security

Please note that any information You share with Us via email or via the internet is not completely secure. We take reasonable steps to protect the personal information provided via the Website from loss, misuse and unauthorized access or disclosure, however, no Internet or e-mail transmission is ever fully secure or error free. Due to the nature of the internet, there is a possibility that unsecured (unencrypted) email or internet transmissions could be intercepted and read by third parties. We assume no responsibility for interception of confidential information or personal information that You send in an unsecured (unencrypted) email message or other internet transmission to and from the Website. Therefore, You should take special care in deciding what information You send to Us via the Website, e-mail or via other internet transmission. 

You acknowledge and accept that, despite Our efforts, there may be times or situations when Your PII is inadvertently disclosed by Us or by a third party to whom We have disclosed Your PII.  You hereby accept that risk and waive any and all claims, causes of action, damages and liability against Us in the event of such inadvertent or negligent disclosure of PII.

10. Links to Third Party Sites

This Privacy Policy applies only to our Website.  The Website may at times contain links to other websites that are not owned or controlled by Us. Please be aware that We are not responsible for the privacy policies of such other websites or how these websites operate or treat Your personal information.

In no event will We be responsible for the information contained in such links or websites, their practices or for Your use of, or inability to use such links or websites or their services, or transmissions received from such websites. By using the Website, You expressly relieve and discharge Us from any and all liability arising from Your use of any third-party website. We encourage You to be aware of this when You leave the Website and to read the privacy policies and terms of use associated with each of any third party websites that may collect PII.

11. Service Providers and Other Third Parties

Processing the data collected through the Website is carried out using computers and/or IT enabled tools, following organizational procedures and modes related to Our Purposes.

We may employ third party companies and individuals to facilitate the operation of the Website, and to perform services related to administration of the Website (including, but not limited to, maintenance, hosting and database management services, web analytics and administration and legal services).  These third parties have access to Users’ PII and other personal data only to perform these tasks on Our behalf.

We may share AI, and reports based on AI, with third parties for industry analysis, demographic profiling, other commercial purposes, or to deliver targeted advertising about other products and services.  No such AI that We provide to third parties will contain PII.

12. Operation Transfers

In connection with a sale of all or part of Our operations, or sale or transfer of assets, or a merger, reorganization, or in the event of bankruptcy, We may transfer PII to a third party as part of the transaction, to the extent permitted by applicable law.

13. Processing or Transfer of Information

To the extent permitted by applicable law, Your PII may be processed or transferred outside of Your state, where the privacy laws may not be as protective as those in Your jurisdiction

14. Other Terms and Conditions

Your access to and use of the Website is subject to the Terms of Use described elsewhere on the Website.

15. Governing Law

This Privacy Policy supersede any other agreement between You and Us to the extent necessary to resolve any inconsistency or ambiguity between the agreements. This Privacy Policy will be governed by and construed in accordance with the substantive and procedural laws of the State of Florida, without giving effect to any principles of conflicts of laws.  A printed version of this Privacy Policy will be admissible in judicial and administrative proceedings based upon or relating to this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. Binding Arbitration for Disputes and Class Action Waiver

Any legal disputes or claims arising out of or related to this Privacy Policy, which we cannot resolve through negotiated means exclusively, shall be submitted for binding arbitration in Miami, Florida.  The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules using a single arbitrator, unless otherwise mutually agreed. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, and shall be final and binding. Claims shall be brought within the limitations period required by applicable law. Any claim, action or proceeding arising out of or related to the Agreement that You bring must be brought in Your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHTS TO (1) BRING A LEGAL ACTION IN COURT (2) HAVE YOUR DISPUTE RESOLVED BY A JUDGE OR JURY, AND (3) PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

17. Miscellaneous Provisions

The section titles in this Privacy Policy are for convenience only and have no legal or contractual effect.  Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.  If any provision of this Privacy Policy is found by an arbitrator or court of competent jurisdiction to be invalid, the parties hereto nevertheless agree that such arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Privacy Policy will remain in full force and effect.  Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision by Us. If any provision of this Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Privacy Policy remain in full force and effect.

18. Questions About Our Privacy Policy

If You have any questions about this Privacy Policy or concerns about the way We processes Your personal data, or require assistance in managing Your privacy choices, please contact Us using the contact information below.

19. Contact Information

Itopia, Inc.
82 NE 26th Street, #106
Miami, FL 33137

Attn: General Counsel
Email: jlieberman@itopia.com