September 27, 2017

Privacy Policy

This is the privacy policy (“Privacy Policy“) describes how Mobileinstein Software Inc. d/b/a. “Mobileinstein” and/or its Affiliates (“Mobileinstein”, “we“, “us“, or “our“) treats and uses information that it collects and receives about you via www.Mobileinstein.com (including sub-domains), including the personal information we collect in connection with the various products, features, programs, services, software, portal and blog that Mobileinstein provides to you (collectively, the “Website” or “Site”). Some of these offerings are provided by third parties who may provide you with additional information and choices about your privacy. These offerings are subject to the privacy policies of such third parties. “Affiliates” means an entity which controls, is controlled by or is under common control with Mobileinstein.

BY ACCESSING AND USING THE WEBSITE, YOU INDICATE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS MOBILEINSTEIN WEBSITE PRIVACY POLICY, AS MAY BE UPDATED BY MOBILEINSTEIN FROM TIME TO TIME.

By using the Website, including the Mobileinstein System & Communications Portal or other solutions, products or services of Mobileinstein (“Our Products”), you agree to accept the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use Our Products.

Collection of Personally Identifiable Information

Mobileinstein does not require its Website users or visitors to provide Personally Identifiable Information (“PII“) to view the Content on the Website or to browse the different sections of the Website. Mobileinstein may collect PII from the Website users or visitors who voluntarily choose to provide PII upon registration to one of our services, such as Mobileinstein System & Communications Portal.

You may correct or update certain PII by logging in to your account with Mobileinstein and making the change on your personal information page. If you no longer desire to obtain our services or wish to delete or deactivate your account, you can contact us at support@Mobileinstein.com and ask that we will do it for you.

Certain areas, features, frames or sections accessible through this Website, including Mobileinstein System & Communications Portal are operated by third parties and are subject to their own privacy policies and practices, not this Privacy Policy. In particular, when you provide information (PII or otherwise) through such elements that are operated by third parties, those third parties, and not Mobileinstein, are responsible for the privacy practices associated with such elements. However, those third parties may share the information that they collect from you, with Mobileinstein and with Mobileinstein’s service providers (e.g. payment collection and processing providers, e-commerce platforms), and Mobileinstein may use such information as described in this Privacy Policy.

Children’s Privacy

Personal information about children who are under 13 years of age is not knowingly or intentionally collected.

Other Information Collected

We, our service providers and partners may collect various types of non-PII when you visit the Website. Examples of non-PII that may be collected from visitors include: Internet protocol address, the type of browser (e.g., Firefox, Internet Explorer), type of operating system, (e.g., Microsoft Windows or Mac OS), domain name of Internet service provider (e.g., Comcast, Verizon or AT&T), web pages visited, websites visited before and after visiting the Website, type of handheld or mobile device used to view the Website (e.g., iPhone, Blackberry) and content accessed. We may use third parties to conduct web analytics and similar services with respect to an individual’s interaction with our Website, including Mobileinstein System & Communications Portal.

Registration

In order to use our Mobileinstein System & Communications Portal, including the creation, customization and operation of mobile apps and/or use of other services or programs offered by us therein, you must complete a registration process. During this registration, you will be asked to provide a user name, a password, a valid email address and additional information as may be required as part of the specific service or program for which you choose to register (for example, you may be asked to provide payment information to our payment processor providers – but not your password), all of which are used to validate your registration, maintain your account as a user of Mobileinstein System & Communications Portal (as applicable) and provide you with the features and functionalities of the service(s) of your choice. You may also provide us with additional information (such as company name, title etc.) so we can provide you with a more customized experience on the Website, including on Mobileinstein System & Communications Portal and offer you better support and/or have the relevant Mobileinstein representative get in touch with you.

Additional personal information may be required from you if you choose to add certain functionality, services or features to your App, via Mobileinstein System & Communications Portal, if we believe that such personal information is required for the operation that service or feature.

From time to time we may provide you the opportunity to participate in contests, surveys or special promotional or other programs on the Website. If you choose to participate, we may request certain PII from you. Participation in such contests, surveys or programs is voluntary, and you have a choice whether to provide this information. The requested information typically includes contact information (such as name and shipping address), demographic information (such as zip code), and, in the case of a special program involving a form of payment, payment details. We use this information to notify participants, to monitor Website traffic, customize the Website or send participants email updates.

When you send email or other communications to Mobileinstein, we may retain these communications to process your inquiries, respond to your requests and improve our services.

Choice/Opt–out

When registering for our Website and/or to our Mobileinstein System & Communications Portal, you may receive occasional email updates from Mobileinstein. Such updates can include a newsletter or other notifications in relation to the Website, Mobileinstein System & Communications Portal. We provide you with the opportunity to ‘opt out’ of having your PII used for such purposes when we ask for this information. For example, if you no longer wish to receive our email updates, you may opt out of receiving them by following the instructions included in each update.

Sharing and Transferring Collected Information

The information that we collect or obtain may be shared with or transferred to others, as the case may be, in any of the following instances:

  • Registration and payment information, information on forms you have filled out and requests you have submitted will all be shared with our service providers, for payment collection and processing purposes;
  • Photos and other multimedia or content you have uploaded through the Website’s forums; blog or other public areas will be shared with all other users of such public area as well;
  • To operate, maintain and enhance the Website, the Mobileinstein System & Communications Portal, including by using server maintenance, optimization services, management and operation services of a discussion board or other open forum or blog within the Website, provided by third party service providers;
  • If we reasonably believe that we are required by law to share or disclose your information;
  • In any case of dispute or legal proceeding of any kind involving you with respect to the Website, including the Mobileinstein System & Communications Portal; and
  • Personally identifiable information may be shared with our corporate group Affiliates, but their use of such information must comply with this Privacy Policy.

Upon bankruptcy, dissolution or other liquidation or insolvency events or in the event of merger, sale or transfer of all or a portion of our assets or other reorganization in our ongoing business, the information that we collect or obtain, as outlined in the preceding sections, may be shared with or transferred to that respective entity, provided that it undertakes to be bound by the provisions of this Privacy Policy, with reasonably necessary changes taken into consideration. Upon such transfer or sharing of information, such entity will assume full and exclusive responsibility for all subsequent use and processing it makes of the information and Mobileinstein will be released from any liability to you, regarding said entity’s use and processing of the information.

In any case other than the above mentioned in this Privacy Policy, your personally identifiable information will be shared with others only if you provide your consent.

Aggregated or Anonymized Information

Mobileinstein collects within the operation of the Website, including the Mobileinstein System & Communications Portal anonymized as well as aggregated information, which does not identify you personally. Such anonymized or aggregated information may be used in any way, including by posting, disseminating, transmitting or otherwise communicating or making it available to any other third party.

Third Party Links

The Website, including the Mobileinstein System & Communications Portal may contain or present third party links to third party sites or services – all of which are not owned or controlled by us. Though we collect certain parameters related to your interactions with these third-party services (as detailed in this Privacy Policy), we are not responsible for the privacy practices of such third party sites or services and this Privacy Policy does not apply to them. Please refer to the privacy policies of those other sites and services, to determine whether their privacy practices are acceptable to you.

Transfer of Data outside Your Territory

The Website, including the Mobileinstein System & Communications Portal by its nature as an online service, may store and process information in Europe, the United States and in other various locations throughout the globe. If you are a resident in a jurisdiction where transfer of your personal information to another jurisdiction requires your consent, then you hereby provide your express and unambiguous consent to such transfer.

Use of Cookies and Server Logs

Cookies (which may be HTML files, Flash files or other technology) are text files that help store user preferences and activity. “Web beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect data, such as counting page views or promotion views. The Website, including the Mobileinstein System & Communications Portal, may use “cookies”, “web beacons” and other similar information-gathering technologies (collectively, “Information Gathering Technologies“) to collect non-PII automatically as you access and browse the Website, including the Mobileinstein System & Communications Portal. This Privacy Policy covers the use of cookies by Mobileinstein only and does not cover the use of cookies by any other third party.

Mobileinstein uses both session ID cookies and persistent cookies. Mobileinstein uses session cookies to make it easier for you to navigate the Website, including the Mobileinstein System & Communications Portal. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You may remove persistent cookies by following directions provided in your Internet browser’s “help” file. We set a persistent cookie for such uses as to store your app name and/or user name so you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the users’ experience on the Website, including the Mobileinstein System & Communications Portal. If you reject cookies, you may still use the Website, including the Mobileinstein System & Communications Portal, but your ability to use some areas of the Website, including the Mobileinstein System & Communications Portal may be limited.

By visiting the Website, including the Mobileinstein System & Communications Portal whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to gather information about your use of the Website, including the Mobileinstein System & Communications Portal through these Information Gathering Technologies.

Server logs capture certain non–PII, such as the time and date of a web and/or mobile visit, the browser and operating system being used, the IP address or domain name of the user’s ISP, and the web URL a user linked from. This information is generally but not exclusively used to help plan system enhancements when necessary and to provide content that is compatible with our visitors’ web browsing systems.

Access to Your Personally Identifiable Information

You may send us a request to access the Personally Identifiable Information that we may collect through your use of the Website, including the Mobileinstein System & Communications Portal. We may require that you provide us with additional information to verify your identity.

Data Retention

We may delete your Personally Identifiable Information from our systems or anonymize it if we deem it no longer necessary for our reasonable business needs.

Security

The security of your personal information is important to us, and we implement security measures regarding your Personally Identifiable Information, to the extent collected, to reduce the risks of damage, loss of information, and unauthorized access or use of information, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is absolutely secure. Therefore, while we strive to use means to protect and secure your Personally Identifiable Information, we cannot guarantee and you cannot reasonably expect that the Website, including the Mobileinstein System & Communications Portal and its databases will be immune from any wrongdoings, malfunctions, unauthorized interceptions or access, or other kinds of abuse and misuse. If you have any questions about security on the Website, including the Mobileinstein System & Communications Portal, you can contact us at support@Mobileinstein.com.

Changes to this Privacy Policy

This Privacy Policy may be changed from time to time. Substantial changes will take effect thirty (30) days after an initial notification is posted on the Website, including the Mobileinstein System & Communications Portal. Other changes will take effect immediately after their initial posting. However, if this Privacy Policy is amended to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required. The most up-to-date Privacy Policy is accessible on the Website.

You agree to be bound by any of the changes made to this Privacy Policy. Your continued use of the Website, including the Mobileinstein System & Communications Portal after the changes take effect will indicate your acceptance of the amended Privacy Policy. If you do not agree with the amended Privacy Policy, you must avoid any further use of the Website, including the Mobileinstein System & Communications Portal (as applicable to you).

Governing Law, Jurisdiction

This Privacy Policy will be governed by and construed in accordance with the laws of Canada, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than Canada.

The Courts located in Ontario, Canada shall have sole and exclusive jurisdiction over you and Mobileinstein and the subject matter of this Privacy Policy. Each party hereby expressly consents to personal jurisdiction in Canada and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.

Please note that no entity worldwide, whether it is a representative, distributor, contractor, reseller or Affiliate of Mobileinstein Ltd. is authorized to accept service of process on behalf of Mobileinstein.

Miscellaneous

If any provision of this Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect. No waiver of any term of this Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Privacy Policy shall not constitute a waiver of such right or provision. The section headings in this Privacy Policy are included for convenience only and shall take no part in the interpretation or construing of this Privacy Policy. In this Privacy Policy, the word “including” is used illustratively, as if followed by the words “but not limited to”.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us by email at support@Mobileinstein.com.

Last update: 30.9.2017