Privacy Policy

Effective Date: April 4, 2021

Introducton

Please read this Privacy Policy (the Policy) carefully. By using, accessing, or downloading any of our Services, you accept and agree to the practices described here on behalf of yourself and any persons or businesses you represent. This Policy describes how PerfTech, Inc. and its affiliates collect and use personal and other information.

By using the Services, you also accept to abide by these additional policies:

The Island End User License Agreement: www.island-beta.instant.net/ISLAND_EULA

The Island Mobile App End User License Agreement: www.island-beta.instant.net/ISLAND_App_EULA

The Island Team Commitment

After successfully creating a myriad of networking and Internet products geared to demanding enterprise and carrier markets over the past forty-some years, we, the Island team, decided it was time to create a product for ourselves, a personal product to use in our own homes. We wanted to make available to ourselves the analytical tools and performance we supplied for decades to commercial entities.

In developing the Island product, our utmost priority was to be able to view, collect, and analyze our personal Internet data while adhering to these principles:

To make that data useful solely to manage our personal home networks

To make that data private by keeping it locally within the owner’s Island device, inaccessible to the outside or to us, to the greatest extent practical

When not able to be locally analyzed, such as to filter web requests for security or parental control purposes, to guarantee that we do not monetize that data through sale, transfer, lease, or other similar processing

To never view the contents of any communications that pass through our devices or services

We envision that you, the consumer, expect exactly the same adherences. We are committed to providing you the same standard of functionality, performance, and privacy that we demand for ourselves.

Terms Used

The following terms used within the Policy are defined as follows:

We, us, our: PerfTech, Inc. and affiliates

Sites: the website www.perftech.com, its sub-domains, and any other websites hosted by us

Web Apps: services or software accessible or downloadable through the Sites

Mobile Apps: software that may be downloaded to your smartphone or tablet to access services

Firmware: software that is installed on Island hardware products

Products: Island hardware

Subscription Services: subscription services, including services that can be accessed using the Web Apps and Mobile Apps for use in conjunction with Products

Services: any and all of the Sites, Web Apps, Mobile Apps, Firmware, Products, and Subscription Services, individually or collectively, that you purchase or use

You, your: any person or entity who accesses or uses the Services

Personally Identifiable Information (PII): information by which someone could personally identify you such as your full name, email address, mailing address, or other contact information

Non-Personally Identifiable Information (Non-PII): information by which someone could not personally identify you, such as your browser type, webpages of our Services that you access, device configurations, or device performance data

Usage Data: information such as your network’s device data, including your mobile devices, device parameters, device identifiers that may uniquely identify your devices, including your mobile device, web request, Internet Protocol address, browser type, browser language, referring/exit pages and URLs, platform type, the date and time of your request, and one or more cookies that may uniquely identify your devices or browser

User Information: PII, Non-PII, and Usage Data together

1. Information Collected by Us

When using our Services, you may provide both Personally and Non-Personally Identifiable Information. This may include, without limitation, information such as your name, address, email, device types, or device performance data

Support Data. We may collect certain User Information when you submit a support request, including information about your network’s hardware, software and other information related to your support requirements.

Payment Data. We may collect certain payment data you provide when you make an online purchase through our Sites. This may include your name, billing address, shipping address, payment instrument number (e.g., credit card), and the associated security code.

2. The Way We Use Information

Providing the Services. We may use your User Information to:

operate, maintain and provide the features and functionality of any Service
resolve your support incident
complete your payment transactions and send you notices about them
track your use of our Services
facilitate supplying updates to any Services
authenticate our Products or Services
verify compliance with this Policy

Communicating with You. We may use your email address or other PII to:

send you marketing emails from which you may choose to opt out. See Section 6(a) of the Policy for more information
respond to your support incident
remember information so that you will not have to re-enter it during your visit or the next time you use our Services

Other Business Uses. On an aggregate basis, we also may use your User Information to:

understand how customers access and use our Services
monitor aggregate metrics such as total number of visitors, pages viewed, etc.
analyze user preferences and trends to create new features, promotions, functionality and services
improve the quality and design of our Services or Products
improve support training
perform other non-monetized, lawful business and commercial activities

3. How We May Disclose Information

Third-Party Service Providers vis-à-vis Usage Data and Non-Personally Identifiable Information. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. We may provide third-party service providers with Usage Data, Non-PII, or aggregated data for purposes such as identifying devices by make and model, categorizing destination site content for parental controls, or for understanding patterns of use with respect to our Services for marketing, research, or similar purposes. Treatment of this data by these third-party service providers is subject to their own privacy and security policies and not this one. For this reason, we carefully consider such relationships with our customer’s privacy in mind.

Third-Party Service Providers vis-à-vis Personally Identifiable Information. We may disclose certain PII to third-party vendors, contractors, or agents who perform functions on our behalf, such as payment transactions processing, fraud prevention, site maintenance, or analytics providers. Third-party providers may be located in other countries (not the United States). These third-party providers may access, process or store PII in the course of providing these services but based on our instructions only.

Under the Privacy Shield. If we receive Personally Identifiable Information subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage.

Business Transfers. If we are acquired by or merged with another company, or if substantially all of the assets of one of our business activities are transferred to another company, we may transfer the information we have collected from you to the other company.

Other Disclosures. We may also disclose User Information:

(1) if required to do so by law, or in the good-faith belief that such action is in compliance with state and federal laws (including, without limitation, copyright laws) or in response to a court order, subpoena, legal process, search warrant or request by a public authority, including to meet national security or law enforcement requirements;

(2) if we believe, in good faith, such action is appropriate or necessary to enforce our Terms of Service or any terms applicable to specific Services, exercise our legal rights, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Services, and to protect the rights, property, or personal safety of us, our users or others; or

(3) to any parent company, affiliated entity, or other entity controlled by, controlling, or under common control with, us (in which case, we will require such entities to honor this Policy).

4. Public Information

You are solely responsible for any information, including any Personally Identifiable Information, that you disclose on the discussion or public areas of our Services, and any use of such information by any third-party providers regardless of whether you permitted such use or not. We reserve the right to establish rules and policies covering the use of discussion and public areas and retain full and complete discretion to delete information posted in discussion and public areas, or to prevent your use of discussion and public areas, temporarily or permanently, without advance notice and where we deem appropriate, retroactively, unless applicable law requires otherwise.

5. Cookies and Similar Technology

When you use our Sites, we may store cookies or other similar technology on your computer or other devices you use to access our Services. Cookies are little pieces of information that can help identify your browser and store information for future visits, such as your language preferences. We may permit third-party entities, such as Google Analytics, to use cookies to collect usage and analytical data to improve ease-of-use and the overall user experience on our Site. Most Internet browsers automatically accept cookies. You may however configure your browser at any time in such a manner that no cookies are saved on your computer or that an indication appears when you receive a new cookie. While our services may in principle be used without accepting cookies, individual functions may thereby be limited.

1. Advertising Our Services. We may use third-party network advertisers on our behalf to advertise our Services on third-party websites or third-party mobile apps. These advertisers may use cookies and other technologies that are governed by each advertiser’s respective Policy, not this one. We may provide third-party advertisers with aggregate or anonymized information about usage of our Services, however we do not share with nor do we permit these advertisers to collect your Personally Identifiable Information. If you do not allow these cookies, you will experience less targeted advertising, but not necessarily less total advertising.

2. Your Choices regarding Third-Party Ad Networks. You may opt out of many website third-party ad networks at: www.networkadvertising.org/choices and www.aboutads.info/choices.

3. Do Not Track Signals and Requests. Do not track signals and requests are sent from your browser to websites that you visit to indicate that you do not want to be tracked or monitored; in most circumstances, you must affirmatively elect to turn these on. Websites are not required to accept these signals or requests and many do not. At this time, our Sites do not honor the do not track signals or requests.

6. Your Choices regarding Our Communications with You

1. Marketing Communications. We may share User Information with our affiliates who may use such information to send you promotional or other emails. Any marketing email from us will contain instructions to opt out if you so choose; opt-out will be processed within the times specified on the opt-out page. If you opt out of marketing emails from us, we may still send you emails about your account, any Services you have requested or receive from us, and to respond to your communication with us.

2. Account Information. If you maintain an account with us, you may modify it by logging in and updating your information. Please note that copies of information that you have updated, modified or deleted may remain in our systems, and may also be viewable in cached and archived pages of our Sites for a period of time. Additionally, if you discontinue using our Services or update your account information, we may retain the data previously collected about you for a reasonable time based on the circumstances surrounding its collection and use.

7. Data Security

To protect your personal information, we make commercially reasonable efforts and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Despite our efforts, no measures can guarantee 100% security. We advise signing off after using a shared computer, choosing robust passwords, and keeping passwords private. We are not responsible for any activity on your account resulting from unauthorized password activity.

8. Third-Party Links

Our Services may contain links to third-party websites or applications. Any access to and use of such linked websites, products or services is not governed by this Policy, but instead by the third-parties’ respective policies which we encourage you to read. Further, unless we have explicitly state otherwise, our provision of links to third-party websites and applications is for informational or convenience purposes and is not an endorsement or recommendation of the website or application.

9. Children's Privacy

We do not knowingly collect Personally Identifiable Information from children under thirteen (13) years of age, and no part of our Services is directed to them. If you discover that your child under 13 has provided PII to us, alert us using the following email and we will delete it from our systems: childprivacy@perftech.com.

10. Special Notes to International Users on Data Transfer

Most of our Services are hosted in the United States. If you are located outside of the United States, please be advised that your use of our Services is governed by United States law, this Policy, and any other terms applicable to our Services. We reserve the right to transfer, process, and store User Information in countries other than the one in which you reside, including the United States. We commit to subject all Personally Identifiable Information received from the European Union to the Privacy Shield principles, including its Supplemental Principles, in accordance with Section 14 herein.

11. Individual Rights Granted to Residents of Certain Locations

Some jurisdictions (state, federal, national and international), such as California, Canada, and the European Economic Area, through the General Data Protection Regulation (GDPR), provide individuals with certain rights regarding their PII. To exercise any of the rights your jurisdiction may provide, contact us per the contacts listed in Section 15. Your specific rights will be controlled by your place of residency and applicable law, and we may require that you first verify your identity. The following are examples of individual rights granted to California consumers or granted by GDPR to European residents:

1. Be informed about your PII and how we control or process it2. View and obtain a copy of the PII we maintain about you3. Amend or revise the PII we maintain about you4. Have the PII we maintain about you erased (also known as the right to be forgotten)5. Object to the use of your PII for direct marketing6. Restrict or object to our use of the PII we maintain about you7. Transfer the PII we maintain about you to another entity8. Object to automated decision making or automated profiling9. Know from where we obtained your PII10. Receive the same Products or Services (to the extent possible) at the same price whether or not you exercise your individual rights under this Policy11. Withdraw a consent that you previously provided (may only be available on a prospective basis)12. File a complaint with us or the appropriate government entity.

12. Changes to this Policy

We reserve the right to update this Privacy Policy at any time. Changes will take effect immediately with notice indicated by a clearly posted Revision Date on our website. Your continued use of our Services after any change constitutes consent to the revised policy.

13. Jurisdiction and Compliance

PerfTech, Inc. and affiliates are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). An individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Policy mechanisms. For additional information, see: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

14. European Union Privacy Shield

PerfTech, Inc., complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

15. Questions, Disputes and Contact Information

If you wish to exercise any of your rights under Section 11, register a complaint, or have a question, please contact us as follows:1. For EU/UK residents: in compliance with the Privacy Shield Principles, please complete and submit an online request form at: www.island-beta.instant.net/EU_complaint_form.

2. For California residents: You may call us at 210-893-4083 or complete and submit an online request form at: www.island-beta.instant.net/CA_complaint_form.

3. For all others: please complete and submit an online request form at: www.island-beta.instant.net/General_complaint_form.

4. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, you may seek further assistance, at no cost to you, from JAMS, an independent dispute resolution body in the United States.