Important Information

Last Update: February 1, 2023

RMS North America LLC (“RMS,” “Company,” “We,” “Our”) respects your privacy and is committed to protecting it through our compliance with this policy.  This document details the types of information we may collect or that you may provide when you access, use or register with RMS’s website and online platform (collectively “Services”) and our practices for using, maintaining, protecting and disclosing that information. 

Please read this carefully to understand our policies and practices regarding your information and how we will treat it. By using or registering with our Services, you agree to this Privacy Policy. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates as it may change from time to time. 

Information We Collect and How We Collect It

We collect information from and about users of our Services: 

• Directly from you when you provide it to us.
• Automatically when you use the Services. 

Information You Provide to Us 

When you use or register with the Services, we may ask you to provide information by which you and your business may be personally identified, such as your name, business name, postal address, email address, telephone number, location, financial payment information and any other identifier by which you may be contacted online or offline ("Personal Information").   

This information includes:  

• Information that you provide by filling in forms in the Services. This includes information provided at the time of registering to use the Services and using the Services.
• Details of transactions you carry out through the Services and of the fulfillment of your orders. 
• Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us. We may also ask you for information when you report a problem with the Services.
• Your responses to surveys that we might ask you to complete for research and development purposes.

The Company does not store financial payment information but instead uses tokens created by a third-party payment processing company.   

Automatic Information Collection  

When you download, access or use the Services, it may use technology to automatically collect:  

• Usage Details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Services.  

• Device Information. We may collect information about your computer, mobile device and internet connection, including the computer or mobile device's unique device identifier, IP address, MAC address, operating system, browser type, mobile network information and the device's telephone number. 

Local Storage, Cookies, Web Beacons, and Tracking

Our Services use local storage and cookies, which are small text files that are intended to make the Services better for you to use. In general, cookies are used to retain preferences, store information for things like shopping carts, and provide tracking data to third-party applications like Google Analytics. You may, however, disable cookies on the Services. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser or doing your own web research on how to disable cookies.

Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you link from our website or app to a third-party website, that website may have the ability to recognize that you have come from RMS by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.

We may also employ software technology known as “web beacons” or “clear GIFs,” which helps us keep track of what content on our service is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.

The Services also use third-party analysis and tracking services to track the performance of our services, understand how you use our services, and offer you an improved and safer experience.  Such usage information will be deleted as soon as this information is no longer required for the purpose collected, and will not be shared with third parties until after being anonymized. 

Use of Personal Information We Collect

We may use the information we collect from You in the following ways: 

• To set up your account with us.
• To perform transactions on your behalf through the Services and third-party service providers.
• To personalize your user experience and to allow us to deliver the type of content and offerings in which you are most interested. 
• To deliver service messages and other services and content you request and send information related to accounts and services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages, and to enable user-to user communication.
• To conduct an aggregated analysis of the performance of our Services, including referral data if you arrive at our website from an external source.

 
All the data we collect at RMS is necessary for us to deliver the services you use. The amount we collect has been minimized wherever possible to respect your privacy. 
 
Should you still disagree with the collection and processing of this data, we recommend you stop using our services or contact us at accounts.na@rmscloud.com to delete your account.

How We May Share Information We Collect

Subject to your strict compliance with this Privacy Policy, RMS grants you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Services in order to generate text, graphics, software, photographs, videos, data, and other materials (collectively “Content”), view Content, share and download Content using the features of the Services where the appropriate functionality has been enabled. 

The above licenses are conditional upon your strict compliance with this Privacy Policy including, without limitation, the following: 

 (i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Services or any part of the Services, other than by means of download or sharing in circumstances where we have elected to permit downloads and sharing of the relevant Content. 

(ii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content. 

 (iii) You must not alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Services or any Content appearing on the Services (other than your Content). 

(iv) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than your Content. 

(v) You must not allow any third party to access your RMS account and you must not share your RMS account information with third parties for any purpose, including but not limited to allowing third parties to collect information from the RMS platform for personal or business reasons without the express written consent of RMS. 

(vi) You must respect the wishes of other users. If you are blocked by another user, you agree to not attempt to contact them on RMS either from the account you were blocked from or any other account. 

(vii) You must not use the Services to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public: 

• any Content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the Company’s reasonable discretion; 

• any information, Content, or other material that violates, plagiarizes, misappropriates, or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or 
• any Content that violates, breaches, or is contrary to any law, rule, regulation, court order, or is otherwise is illegal or unlawful in the Company’s reasonable opinion; 
• any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which actually or potentially could overburden, impair or disrupt the Services or servers or networks forming part of, or connected to, the Services, or which actually or potentially could restrict or inhibit any other user's use and enjoyment of the Services; or 
• any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation. 

(viii) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation. 

(ix) You must not deliberately impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, for example, by registering an account in the name of another person or company or sending messages or making comments using the name of another person. 

You agree to comply with the above conditions and acknowledge and agree that RMS has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of this Privacy Policy. This may include taking court action and/or reporting offending users to the relevant authorities.  RMS reserves the right to enforce a breach of this Privacy Policy to the maximum extent permitted by law. 
 

Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

All related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. 

By providing photographs, video, written materials and other content to RMS, you acknowledge that those materials do not infringe on the intellectual property rights of any third parties.  Suppliers who provide content that infringes on third party copyrights or other intellectual property shall be held solely liable and absolve RMS and Resellers. 

Any use of the intellectual property of RMS without written permission is strictly prohibited.  RMS reserves the right to enforce its intellectual property rights to the maximum extent permitted by law. 

Legal Basis for Processing Personal Information

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. 

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so.  We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. 

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. 

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, 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).

Data Retention

We retain personal information we collect from You where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).   

When we have no ongoing legitimate business need to process personal information, we will either delete or anonymize it or, if this is not possible (for example, because personal information has been stored in backup archives), then we will securely store personal information and isolate it from any further processing until deletion is possible. 

Security of Your Personal Information 

The security of your Personal Information is important to us. When you enter sensitive information (such as credit card number) on our Services, we encrypt that information using secure socket layer technology (SSL).  For financial transactions specifically, RMS does not store credit card information, but rather converts money into tokens that are used on the Services.

RMS takes reasonable security measures to protect your Personal Information to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are impenetrable. 

If you use a password on the Services, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused, please notify us immediately. 

Liability Cap

The total combined liability of either party towards the other party, whether in contract, tort or any other theory of liability, under or in connection with the Agreement will be limited to subscription fees paid during the preceding 12 months.  

Your Data Protection Rights Under The General Data Protection Regulation (GDPR)

If You or a User are a resident of the EEA, you have the following data protection rights: 

• You may access, correct, update, or request deletion of your personal information.
• In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. 
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. 
• Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time.  Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You 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.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.  To exercise any of these rights, please contact us at accounts.na@rmscloud.com.

Your Data Protection Rights under the California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (“CCPA”) provides consumers with specific rights regarding their Personal Information. If you are a California resident, you have the right to: 

• Request we disclose to you free of charge the following information covering the 12 months preceding your request: (a) the categories of Personal Information about you that we collected; (b) the categories of sources from which the Personal Information was collected; (c) the purpose for collecting Personal Information about you; (d) the categories of third parties to whom we disclosed Personal Information about you and the categories of Personal Information that was disclosed (if applicable) and the purpose for disclosing the Personal Information about you; and (e) the specific pieces of Personal Information we collected about you;
  
• Request we delete Personal Information we collected from you, unless the CCPA recognizes an exception;
• If the business sells Personal Information, you have a right to opt-out of that sale.
  

Consistent with California law, if you choose to exercise your applicable CCPA rights, we won’t charge you different prices or provide you a different quality of services. If we ever offer a financial incentive or product enhancement that is contingent upon you providing your Personal Information, we will not do so unless the benefits to you are reasonably related to the value of the Personal Information that you provide to us. If you are a California resident and wish to exercise your rights under the CCPA, please contact us at accounts.na@rmscloud.com. 

Updating and Accessing Your Personal Information

If your Personal Information changes, we invite you to correct or update your information. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account, request that we no longer use your information to provide you services, or delete your Personal Information, you may do so through your account settings, or contact us at accounts.na@rmscloud.com. We will respond to your request to have your Personal Information updated as soon as possible. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. 

Choices About the Use of Your Information

You can request that your account be deleted, however, certain financial record keeping information may be maintained in our systems because we have a legitimate legal and financial interest in maintaining such records. 
You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes, including messages about your current RMS account and services. 

Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you. You will continue to receive advertising material but it will not be tailored to your interests. 

Third-Party Disclosure and Links

The Services may include links to other websites whose privacy practices may differ from those of RMS. If you submit Personal Information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any third-party websites you visit. The Company shall not be liability for the activities of third-party platforms, including but not limited to security breaches and system failures. 

Notice Concerning The Information Of Children

RMS is not directed to children under the age of 13 and does not intentionally collect any information from children under the age of 13. Please contact us if your child has provided Personal Information to us and we will delete the information. 

International Data Transfers

We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will protect that information as described in this Privacy Policy. 

Changes to This Policy

RMS may change this Policy from time to time. If we make any changes to this Policy, we will change the "Last Updated" date below and may notify you by email (sent to the e-mail address specified in your account). We encourage you to review this Policy whenever you visit the Services to understand how your Personal Information is used. 

Questions About This Policy

If you have any questions about this Policy, our practices related to the Services, or if you would like to have us remove your information from our database please feel free to contact us at accounts.na@rmscloud.com.