Privacy Policy

Effective as of May 5th, 2022

I. Introduction

Thank you for visiting our website and/or using our products. This Privacy Policy (the “Policy”) explains how the Foundation for Intelligent Media & Design (“IMD”) collects, uses, processes, discloses, retains, and protects personal information: (a) when we provide our Services or other products or services to you; and (b) when we process personal information with your consent and/or at your instruction that may be included as part of the User-Generated Content which you view, upload, download, and/or that otherwise appears on or in our Websites or Services.

When this Policy refers to “Intelligent Media & Design”, “Intelligent Media”, “us”, “we” or “our”, it refers to Foundation for Intelligent Media & Design, an Alabama non-profit and 501(c)(3) tax-exempt corporation.

“you”, “your”, “User” and similar terms mean the person or legal entity accessing or using our Websites and/or any related services or products.

Unless specifically defined herein, any capitalized terms have the meanings defined in IMD’s Terms and Conditions of Use Agreement (the “Terms”), which can be found here: https://imdinteractive.org/terms-conditions/ The Terms shall be read in conjunction with this Policy, and is binding between you and IMD.

IMD is committed to protecting the privacy of all individuals who:

• Visit any of our websites or mobile sites, including www.imdinteractive.org and any and all subdomains, present and future, and/or use any services that you access or purchase through our websites (individually, the “Website”, and collectively, the “Websites”);
• Create and/or publish User-Generated Content to any of our Websites or related services or products; and/or
• Use any of IMD’s present and future Websites, products, or services, including any and all other IMD products and services made available from time to time (the “Other Services”).

Taken together, we call the Website and the Other Services the “Services”. To be clear, however, we do not use the term Services to include any third-party services that are not specifically provided by IMD (“Third-Party Services”), even though you may use these Third-Party services.

II. Personal Information We Collect

Personal information is information relating to an identified or identifiable natural person. An identifiable natural person is an individual that can be identified, directly or indirectly, be referenced to an identifier such as a name, an identification number, specific location data, an online identifier, or other attributes specific to that natural person.

Personal information does not include information that has been anonymized or aggregated in such a way that it can no longer be used to identify a specific natural person, whether on its own or in combination with other information.

The personal information that we collect falls into two broad categories: Account Data and Content.

A. Account Data

Account data (“Account Data”) is personal information you provide us, or that we collect from you and your devices in connection with your access to and use of our Services (such as when you provide us information to register for an IMD account, or information we collect about your browser when you connect to one of our Websites or Services, etc.). 

There are two general categories of Account Data we collect in order to provide you with the Services.

1. Information you give us.

• Account Information. You may provide us with information in connection with the creation and management of your account for the Services, such as a name, username, date of birth, e-mail address, physical address, password, personal interests, and any other information you choose to provide when creating an IMD account.
• Billing or Donation Information. If you make any financial transaction using our Services – including purchases and/or donations – we (and our third-party payment processors) will collect information about the purchase or transaction. This includes billing details and credit card information, other account and authentication information.
• Other Information. You may otherwise choose to provide us with information when you fill in a form, contact us, or use other features of our Services. You may also provide us with other optional information as part of your account profile, including your usernames, avatars, links, in addition to other User-Generated Data.

2. Information we automatically collect from your use of the Services.

• Log Data & Usage Information. Like most websites, when you view content on or otherwise interact with our Services, our servers automatically record information, including but not limited to information that your browser sends whenever you visit a Website. This log data may include, but may not be limited to, your IP address, the address of the web page you visited before using the Services, your browser type and settings, your device information, the date and time of your use of the Services, information about your browser configuration and plug-ins, language preferences, unique identifiers, cookie data, and information about your specific use of the Software and the Services.
• Location Information. When you use our Services, we may collect information about your geographic location.
• Cookies & Similar Technologies. We use cookies and similar technologies to provide and support our websites and Services.

B. User-Generated Content

The User-Generated Content which you post, disseminate, upload, download, or view on our Services may, but does not necessarily, contain personal information. When we refer to “Personal Content” in this Policy, we mean the personal information in User-Generated Content that we process. We only process Personal Content at your direction. Our obligations and commitments as it relates to our processing of Personal Content on behalf of our users is outlined in Section VII, below, titled “IMD’s Use of User Content”.

IV. How We Use Account Data

We use, store, and process Account Data to provide, understand, improve, and develop our Services, keep our Services safe, and to comply with our legal obligations. More particularly, we use it to:

A. Identify Our Users

We use Account Data to identify you when you login to your account.

B. Provide Services

We use Account Data to enable us to operate the Services and provide them to you, including to:

• Enable your access to our Services;
• Allow you to communicate with us and with other Users;
• Verify your transactions, for purchase or donation confirmation, billing, security, and authentication;
• Contact you about your account and provide customer service support, including responding to your comments and questions;
• Keep you informed about the Services, features, surveys, and/or offers we think you may find useful or which you have requested from us; 
• Work with our partners to improve our Services and/or provide you with joint Services; and
• Sell or market IMD products and Services to you, and/or those of our partners.

C. Improve & Optimize Our Services

We use Account Data to:

• Better understand your needs and the needs of users in the aggregate, diagnose problems, analyze trends, perform analytics, conduct research, improve the features and usability of the Services, test and troubleshoot new products, and better understand and market to our Users;
• Analyze the Website or the other Services and information about our visitors and Users, including research into our User demographics and User behavior; and
• Create aggregate (non-identifiable) statistics about Users of the Services with a view to introducing improvements and improving usability of the Services.

D. Keep Our Services Safe

We use Account Data to verify accounts and activity, maintain the integrity of our Services, and to keep the Services safe and secure.

E. For Legal Reasons

We reserve the right to access, use, preserve, transfer, or disclose – at any time and without notice to you – any information reasonably necessary to:

• Comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental requests or to cooperate with law enforcement, if we believe such action is required or permitted by law;
• Enforce our Terms;
• Protect the safety, integrity, rights, or security of our Users, our Services or equipment, or any third-party; or
• Detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or our partners.

V. Consent & Other Base for Use of Account Data

Our legal basis for collecting and using Account Data will depend on the specific context in which we collect it. However, we will collect personal information from you where:

• We have your consent to do so in accordance with the authorization and consent you provide us by creating and using an IMD account, by using our Services, by creating, posting, or disseminating User-Generated Content, and/or in accordance with the Terms or any other consent that you offer; 
• Where we need the personal information to perform a contract with you (e.g., to deliver the IMD Services you have requested); or
• Where the processing is in our legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).

In some cases, we may also have a legal obligation to collect personal information from you, or may otherwise need the personal information to protect your vital interests or those of another person.

Where we rely on your consent to process Account Data, you have the right to withdraw or decline your consent at any time. Please note that this does not affect the lawfulness of the processing based on consent before its withdrawal.

If we ask you to provide Account Data to comply with a legal requirement we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interest which are not already described in this notice, we will make clear to you at the relevant time what those legitimate interests are.

VI. Your Rights Regarding Account Data

As a User, you may update or correct most of your Account Data by logging in to your account to edit your profile or organization record. To make a request to have Account Data returned to you, removed, or to make additional corrections, please e-mail our Privacy Officer, as outlined in Section VIII(G), below, titled “Contacting Us”. Requests to access, correct, or remove your information will be handled within thirty (30) days and may be subject to a fee as permitted by applicable law.

Depending on where you reside, you may have the right to exercise additional rights available to you under applicable laws with regards to the personal information IMD holds about you, including:

• Right to be Erased: In certain circumstances, you may have a broader right to have personal information that we hold about you erased – for example, if it is no longer necessary for us to hold it in relation to the purposes for which it was originally collected. Please note, however, that we will likely need to retain certain information about you for as long as you maintain an account for our Services, or as needed to provide you with our Services, for record keeping purposes, to comply with our legal obligations, resolve disputes, and enforce the Terms.
• Objection to Processing: You may have the right to request that IMD stop processing your personal information and/or to stop sending you marketing communications.
• Restriction of Processing: You may have the right to request that we restrict the processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is inaccurate or unlawfully held).
• Right to Data Portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable, and commonly used format, and to request that we transfer the personal information elsewhere without hindrance.

If you would like to exercise such rights, please contact us. We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request.

You also may have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

VII. IMD’s Use of User-Generated Content

Some activity on IMD is, by its very nature, public – including certain account profile information, your User-Generated Content, and any information you included in your User-Generated Content. If this information were not public IMD would not be able to provide you with some of these Services. You are responsible for your account profile information, your User Content, and other information you provide through our Services, and you should think carefully about what you make public, especially if it includes sensitive information.

You, as an IMD User, have control over how Personal Content is generated, requested, submitted or published, and processed on our Services. When you post or disseminate User-Generated Content through our Services, you necessarily allow that such User-Generated Content may include Personal Content of all types, including but not limited to the following categories:

• User generated content (such as messages, posts, comments, links, profiles, images, feeds, or communications exchanged on our Websites);

• Contact details (such as name, username, e-mail address, physical address, and telephone number);

• Additional individual information (such as age, gender, employer, profession, geographic location, education information, financial status, habits, and preferences); and

• Information relating to an individual’s real time location.

As the User, you are the ultimate controller of your Personal Content and we are simply the processor of such Personal Content included in User-Generated Content. When we process Personal Content, we do so at your direction and on your behalf in accordance with the instructions you give us through the Services. We may, in limited circumstances process Personal Content for the purposes of improving the Services and functionalities Users ask for as part of their IMD experience.

If you are using the Services by invitation of an IMD User, whether that User is your church, another organization, or an individual, that User determines its own policies regarding storage, access, modification, deletion, sharing, and retention of Personal Content, which may apply to your use of the Services. Please check with the User about the policies and settings it has in place.

A. Access, Correction, & Deletion of User-Generated Content

An individual who seeks access to, or who seeks to correct or, amend inaccuracies in, or delete User-Generated Content stored or processed by us on behalf of a User should direct his/her query to the IMD User or to us in accordance with the Terms and this Policy. Upon receipt of a request from one of our Users for us to remove the data, we will respond to their request within thirty (30) days. Please note, however, that we may need to retain certain information for as long as you maintain an account for our Services, for record keeping purposes, to comply with our legal obligations, to resolve disputes, enforce our Terms, or as required or authorized by applicable law. Please see Section VIII(B), below, titled “Retention of Personal Information” for additional information.

VII. Generally Applicable Privacy Information

A. When We May Share Personal Information

Except as provided in this Policy, IMD does not share any personal information gathered via the Services with third parties. We may, however, share Account Data or User-Generated Content (including Personal Content) under the following circumstances:

• With your consent or at your direction; 

• With service providers (including payment processors) we engage to perform functions or provide services to us, where those service providers are subject to obligations that are consistent with this privacy notice and to appropriate confidentiality and security measures;

• With IMD’s authorized resellers if you purchase the Services from an authorized IMD reseller who you authorize to access and process your personal information in order to support your use of the Services;

• Where we believe that it is reasonably necessary to comply with a law, regulation, or if we are otherwise legally required to do so, such as in response to court orders or legal process, or to establish, protect, or exercise our legal rights or to defend against legal claims or demands;

• If we believe it is necessary in order to investigate, prevent, or take action against illegal activities, fraud, situations involving potential threats to our rights or property (or to the rights or property of those who use our Services), or to protect the personal safety of any person;

• If we believe it is necessary to investigate, prevent, or take action regarding situations that involve the security of our Services, abuse of the Services infrastructure, or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Services);

• To a parent company, subsidiaries, joint venture, or other companies under common control with IMD; and

• If we are acquired by or merged with another entity (in which case we will require such entity to assume our obligations under this privacy notice), if we are involved in a bankruptcy, or if the ownership or control of all or part of our Services or their assets changes.

We may also provide limited Personal Information or Account Data (such as your name and contact information) to our trusted partners whom we reasonably believe you also know (such as, for example, in connection with an IMD event at a church you attend), so that we can improve our Services to you. 

B. Retention of Personal Information

We retain your Account Data for as long as necessary to provide the Services you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, or enforcing our Terms.

We retain User-Generated Content for as long as needed to provide the Services, or until you ask us to delete it pursuant to the Terms. We retain and use this User-Generated Content as necessary to comply with our legal obligations, resolve disputes, and enforce the Terms.

Please note that certain personal information may need to be retained by IMD for a period of time following the cancellation of your account where this is necessary for our legitimate business purposes or required or authorized by applicable law. Our specific retention periods for personal information are documented in our internal retention policies.

After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner, according to our data retention policies.

C. Protection of Personal Information

IMD follows standard industry practices to protect personal information from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Account Data and User Content we collect, use, process and store, and the current state of technology.

D. International Transfers

IMD, the entity which provides the Services, is an Alabama limited liability company with its headquarters in Birmingham, Alabama. The Services are mainly provided from our offices in Alabama. IMD uses third-party service providers (such as managed hosting providers, card processors, CRM systems, sub-processors of content and technology partners) to provide the necessary software, networking, infrastructure, and other services that we use to operate the Services. At this time, we understand that all third-party service providers are processing or storing any personal information inside the United States. You understand and agree, however, that these third-party providers may process or store personal information on servers outside of the United States.

Also, by the very nature of the Services provided, the data that is viewed, collected, stored, or posted on or through the Services also needs to flow from wherever you are located in the world, to where our servers are located and/or wherever our Supported Platforms are storing the same data (in most cases, in the United States).

By using any of the Services, or submitting or collecting any personal information via the Services, you authorize IMD and its authorized service partners to use and process User-Generated Content and Account Data (including any personal information) in these countries.

Cookies & Similar Technologies

A cookie is a small piece of data that is stored on your computer or mobile device. Like many websites, when you visit or interact with our Services, we or our authorized third party services providers use cookies and similar technologies to collect additional website usage data and to operate our Services. We may also use cookies and other similar technologies to help us provide you with a better, faster, and safer experience, and for advertising and marketing purposes. We may collect some personal information via these cookies.

F. Preferences & Consent

i. Processing of User-Generated Content

When we receive or access User-Generated Data, we do so at your request. As our User, you ultimately decide the form and content of your User-Generated Content. We process your User-Generated Content, at your instruction.

ii. Marketing E-mails

You may opt out of marketing communications sent by IMD by following the unsubscribe instructions included in each marketing e-mail.

iii. Children & Our Services

Except as set out in our Terms, our Services are not intended for use by children and should only be accessed by individuals who are old enough to consent to the processing of your personal data in your country or state.

iv. Changes to This Privacy Notice

IMD reserves the right to make changes to its privacy notice at any time, upon reasonable notice to you. Innovation in software happens quickly and laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our business. If we do make changes to the privacy notice, we will post them to this page and list a visible notice on our Websites, so we encourage you to stay informed by checking back here periodically.

G. Contact

IMD is headquartered in Birmingham, Alabama, in the United States of America. You can contact our Privacy Officer via e-mail at support@imdinteractive.org

Please include the word “PRIVACY” in the subject line of the e-mail.

Or via mail:

Intelligent Media & Design
1500 1st Avenue North, F103
Birmingham, AL 35203