Privacy Policy

Welcome, and thank you for your interest in Simmer, LLC ("Simmer", "us", or "we") and our Services, as described in the Simmer Terms of Service ("Terms of Service").

This Privacy Policy is in connection with your use of the Site, App, and Services (as defined in the Terms of Service) and describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information. By using the Services, you consent to the privacy practices described in this policy. By using the Services, you are accepting the practices described herein.

This Privacy Policy is incorporated into and is subject to the Simmer Terms of Service. Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in the Terms of Service.

Please review "Your choices with respect to the collection and use of your information" below.

If you are a parent or guardian and discover that your child under 13 years-of-age has obtained an Account on the Services, then you may alert us at [email protected] and request that we delete that child's personally identifiable information from our systems.

We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, you should notify us at [email protected].

**Privacy Settings** Although we may allow you to adjust your privacy settings to limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post on the Services will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.

**SMS consent and phone numbers will never be shared with third parties or affiliates under any circumstances.** SMS Policy: https://trysimmer.com/sms-policy/

**International Visitors** The Services are hosted in the United States and are intended solely for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Services, you consent to that transfer, storage, and processing.

**External Links** If any part of this Site or the Services links you to other sites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

**In the Event of Merger or Sale** In the event that all or a portion of Simmer, LLC or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control.

**California Privacy Rights** Under California law, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties for their direct marketing purposes. The notice will identify the categories of Personal Information shared with third parties, as well as the name and address of the third parties that receive such Personal Information.

In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your e-mail address, if we have one on file, or generate a pop-up or similar notification when you access the Services for the first time after such material changes are made. Our amended Privacy Policy will automatically take effect 30 days after it is made available through the Services, except that (i) we generally only use your personally identifiable information in the manner described in the Privacy Policy in effect when we received that information and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your Account and stop using the Services.

We may compile aggregated data and other statistical information related to your use of our Services, including personal data. Such information may be used to improve our Services, provided that it does not disclose your personal data to third parties except as stipulated in this Privacy Statement.

We share your personal data with your explicit consent or as required to complete transactions or deliver Services that you have authorized or requested. If you employ a Simmer product provided by an affiliated organization, such as an employer or school, or use an email address from such an organization to access Simmer Services, specific data, including interaction data and diagnostic data, may be shared to enable your organization to manage these products. When providing payment data for a purchase, we share payment data with banks and other entities responsible for processing payments or offering financial services, along with fraud prevention and credit risk reduction.

Moreover, we share personal data among affiliated and subsidiary entities under the control of Simmer. Personal data may also be shared with vendors or agents acting on our behalf for purposes articulated in this statement. For instance, companies contracted to provide customer service support or assist in safeguarding and fortifying our systems and services may require access to personal data to execute these functions. In such instances, these companies must adhere to our data privacy and security requirements and are not permitted to use personal data acquired from us for other purposes. Furthermore, personal data may be disclosed as part of a corporate transaction, such as a merger or asset sale.

Finally, we reserve the right to retain, access, transfer, disclose, and preserve personal data, including your content, when we have a sincere belief that such actions are essential for the following purposes:

* Safeguarding the operation and security of our Services, including preventing or mitigating attacks on our computer systems or networks.

* Protecting our customers, such as preventing spam or fraudulent attempts involving our products or aiding in the prevention of potential harm to individuals.

* Adherence to relevant laws or response to valid legal processes, which may emanate from law enforcement agencies or other governmental entities.

* Protecting the rights and assets of Simmer, including enforcing the terms that govern the use of our Services.

All information you provide may be transferred to or accessed by entities worldwide, as outlined in this Privacy Statement. In particular, Simmer employs servers and service providers situated in the United States and Canada. If you prefer to avoid the transfer of your personal data to the United States, it is advisable not to utilize our Services.

We may transfer the personal data collected about you to recipients located in countries other than the one where the data was originally obtained. For individuals based in the UK, the EU, or other regions imposing data transfer restrictions outside their jurisdiction, this includes transfers beyond the UK and the European Economic Area (EEA) or the corresponding geographic area, extending to countries where our affiliates, group members, service providers, and business partners operate. These countries may not have data protection regulations that align with those in your home jurisdiction where the information was initially provided.

The data held by us is retained only for the duration it serves a legitimate purpose, as necessitated by our contractual obligations, or in accordance with applicable laws or regulatory requirements that pertain to us.

**Contact Information** Simmer extends specific choices concerning the personal data collected from you. To adjust your preferences or submit requests, please reach out to Simmer (refer to Section 12 below). Depending on the laws of your jurisdiction or other pertinent regulations governing the processing of your data, you may have the following rights:

* Request access to the personal data retained by us, and request corrections, amendments, deletions, or blocks of the data by contacting us as indicated below.

* In accordance with applicable laws, withdraw any previously granted consent or object to the processing of your personal data on legitimate grounds. Your preferences will be duly respected in all future processing.

We meticulously review and authenticate requests to protect your personal data, ensuring that data protection requests are addressed fairly and in line with the prevailing data protection laws and principles.

To exercise any of these rights, kindly get in touch with Simmer (see Section 12 below). Additionally, you have the option to file a complaint concerning our processing of your personal data with the data protection authority in your jurisdiction.

At Simmer, we uphold administrative, technical, and physical safeguards designed to shield personal data collected through our Services from accidental, illegal, or unauthorized destruction, loss, alteration, access, disclosure, or usage.

Our Services may incorporate links to, or facilitate access to, products of third-party providers with distinct privacy practices compared to Simmer. Should you provide personal data to these products, your data is regulated by their respective privacy policies.

Our Site may also feature links to external websites for your convenience and information. These websites function independently of Simmer. Linked websites might possess their privacy notices or policies, which we strongly recommend reviewing. If any linked websites are not owned or controlled by us, we bear no responsibility for their content, the use of these websites, or their privacy practices.

Simmer Services are intended for individuals aged 18 or older (or the age of majority in their respective jurisdictions if older).

We do not knowingly collect, employ, or disclose personal data from individuals under the age of 13 or equivalent minimum age as dictated by relevant legislation without verifiable parental consent. In the event that we discover the collection of personal data from an individual under the age of 13, or the equivalent minimum age stipulated by the jurisdiction, without prior verifiable parental consent, we will take prompt action to delete the data.

This Privacy Statement may be updated periodically, without prior notification, to reflect alterations in our personal data practices. The updated version will be published on the Site, and the date of the most recent update will be indicated at the top of the Privacy Statement. We recommend checking for updates on a regular basis.

Please contact us with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by emailing [email protected].

Such third parties are also required to follow the same data security practices that we ourselves adhere to.

We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users' interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Services.

In such cases we reserve the right to raise or waive any legal objection or right available to us.

If you were referred to the Services from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We have not placed limitations on the referring websites’ use of your personal information and we encourage you to review the privacy policies of any website that referred you here.

We may share your personal information with our Affiliates. This sharing enables us to provide you with information about products and services which might interest you. To the extent that our Affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial email they send to choose not to receive such email messages in the future.

We may share your personal information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our Site receives. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

You may, of course, decline to share certain personally identifiable information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. You may update, correct, or delete your profile information and preferences at any time by accessing your Account preferences page through the Services. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

You will be given the opportunity to unsubscribe from commercial emails in any such message that we send you. If you are a registered member, you can also modify your choice at any time in your Account. Please note that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating either to your Account or to your transactions on this site, without offering you the opportunity to opt out of receiving them.

You may have the opportunity through the Services to provide a mobile number in order to receive alerts. You may discontinue these alerts at any time.

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from this Site, you will not be able to access portions of our Site.

**Third Party Services:** The Services may contain features or links to Web sites and services provided by third parties. Any personally identifiable information you provide on third-party sites or services is provided directly to that third party and is subject to that third party's policies, if any, governing privacy and security, even if accessed through the Services. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Services. We encourage you to learn about third parties' privacy and security policies before providing them with personally identifiable information.