Privacy Policy

Effective date: October 22, 2019

This Privacy Policy sets forth how we collect and process your personal data, and seeks to comply with, among other things, the European Union’s privacy law known as the General Data Protection Regulation (“GDPR”). By accessing or using the Website or Services, you are accepting the policies and practices described in this Policy. Each time you visit or use the Website or Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Privacy Policy. Any capitalized terms not defined herein shall have the meaning as set forth in the Terms And Conditions.

Please note that this Privacy Policy does not apply to your use of third-party sites, services, or applications you may access through the Website. We encourage you to review the privacy policies of those third parties for more information regarding their privacy practices.

This Privacy Policy applies in circumstances where we are acting as a data controller with respect to the Personal Information of Users of our Website and/or Services; in other words, where we determine the purposes and means of the processing of that Personal Information.

COLLECTION OF PERSONAL DATA

We collect information you provide directly to us when using the Website or Services. We collect directly from you certain information that can identify you (“Personal Information”), such as your name; company name; e-mail address; IP address; and credit card information consisting of the last four digits of your card’s number, the brand of the card, and the card’s month and year of expiration; and with respect to your clients their phone numbers and anything else that you may upload; for the purpose of being able to perform the services for which you are utilizing our Website. Personal Information also includes, for purposes of this Policy, the definition of personal data as such term is defined in Article 4(1) of the GDPR. We will never sell, rent, trade or use your Personal Information other than as specifically needed to provide the Services specifically requested by you. We disclose Personal Information only to those of our employees, contractors, affiliated organizations and subcontractors that (i) need to know the information in order to process it on our behalf, and (ii) that have agreed in writing to non-disclosure restrictions at least as strong as those herein. We are processing this information based upon your consent to our doing so, our legitimate interests such as marketing, improving, maintaining and enhancing our Website, to process your payments, and because it is necessary for the performance of your contract with us. Data will be transferred to countries outside of the EU so long as it is necessary for the purpose of carrying out our contractual obligations to you or you have granted us your consent. By exploring and using this Website, and by submitting information to mobile.fan, you agree to mobile.fan’s use of such information as described herein as well as the terms and conditions set forth in our Terms of Use. If you are in the EU, you may not use the Website or Services until and unless you provide affirmative consent to the above.

In order for us to be able to provide the services available on our Website and Services, and to meet any of our related business obligations, you must provide the personal data that is required to do so. Without that data, we are not in a position to do so.

Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through the Website and Services. For example, we may collect information about you from third parties who provide services on our behalf, such as maintaining and monitoring usage of the Website and Services and processing payment transactions.

USE OF INFORMATION

We may use information about you for various purposes, including the following:

  • Provide, maintain, and improve the Webite and Services;
  • Provide and deliver the products and services you request, process transactions, and send you related information;
  • Verify your identity and, if applicable, authorization for you to use the Webite and Services;
  • Process payment for Services you order;
  • Manage your Account;
  • To prevent or address service, security, technical issues or at your request in connection with customer support matters;
  • Respond to your comments, questions, and requests;
  • Send you technical notices and other administrative messages;
  • Communicate with you about products and services, offered by us or others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage, and activities in connection with the Website;
  • Conduct research, analysis, and surveys;
  • Personalize and improve the Website and provide content or features that match user profiles or interests;
  • Enforce our Terms and Conditions;
  • Link or combine with information we get from others in connection with the Website; and
  • Carry out any other purpose for which the information was collected.

This policy is not intended to place any limits on what we do with data that is aggregated and/or de-identified so it is no longer associated with an identifiable user of the Website or Services. For example, we may use user data to generate, among other things, statistics about users, their profession or industry, or the demographic distribution of users.

SHARING OF INFORMATION

We may share or transfer information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants, subcontractors and other service providers who need access to such information to carry out work on our behalf, such as picking up and delivering samples, fulfilling inspection orders, sending email, removing repetitive information from client lists, analyzing data and processing credit card payments, direct marketing services, and cloud hosting services. These parties only have access to such information as necessary to perform their functions and may not use it for any purpose other than to provide services to us;
  • In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule, or regulation;
  • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property, and safety of you, us, or others;
  • In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company;
  • With your consent or at your direction.

SECURITY

Security of all personal data of our users is a primary concern of ours. Thus, we have adopted reasonable security measures to protect the security of our users’ information. We use, where appropriate, industry standard encryption technology utilizing HTTPS protocol and computer server firewalls when transferring and receiving data exchanged with this Website. Passwords are hashed prior to their being stored, so that no plaintext passwords are stored by us. Credit card information is sent directly to our third party payment processor, which processes the payments. The only credit card information that we store are the last four digits of your card’s number, the brand of your card, and the card’s month and year of expiration. Nevertheless, we cannot guarantee complete security of your information inasmuch as no security systems are foolproof. It is also important for you to protect against the unauthorized access to your information as well as to your computer.

We do not seek to collect sensitive Personal Information (also known as special categories of data as defined in Article 9 of the GDPR). If we do so we will always collect the data in accordance with applicable data privacy requirements. If you choose to provide us with unsolicited sensitive Personal Information, you will be asked to consent to our processing of such data on a case-by-case basis by using a specific express consent form.

RETENTION

We will retain your Personal Information for the period of time that is necessary to fulfil the original purposes for which it has been collected. Please keep in mind that, in certain cases, a longer retention period may be required or permitted by law or to allow us to pursue our business interests, conduct audits, comply with our legal obligations, enforce our agreements or resolve any dispute.

The criteria used to determine our retention periods include:

  • Time needed to provide you with our Services or to operate our business.
  • Whether your account with us is active. You may contact us to make your account inactive at any time.
  • Legal, contractual, or similar obligations to retain your data, such as mandatory data retention laws in the applicable jurisdiction, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of contract or litigation.

Please note that we are not responsible for storing any information that you provide to us or for any content or information that we provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Website or Services.

DISCLAIMER

Unless you are in the EU, this privacy policy and all statements contained on this Website about privacy and how we deal with data supplied by visitors to this Website are not intended to be a contractual obligation of any kind and any such obligation is hereby disclaimed in its entirety. These statements merely constitute the present policy of mobile.fan, which we will take reasonable measures to implement. Similarly, this privacy policy is not intended to be “advertising” or “advertising claims.” Rather, it is merely intended to set forth our policy, including our practices and intentions, as to how we conduct our business.

PROMOTIONAL INFORMATION AND E-NEWSLETTERS

When you sign up to our Website, you agree to receive mobile.fan notifications and promotional e-mails as well as other e-mail special offers. If you change your mind and no longer wish to receive our e-mails, you may opt out at any time simply by sending us an e-mail or by clicking on the unsubscribe link.

AUTOMATIC COLLECTION OF INFORMATION (COOKIES, ETC.)

When you access or use the Website or Services, we automatically collect information about you, including some or all of the following:

  • Log Information: We log information about your use of the Site, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before navigating to the Site. Publicly available tools can sometimes provide the approximate location for IP addresses.
  • Device Information: We collect information about the computer or mobile device you use to access the Site, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
  • We also may collect other types of information in the following ways when you visit the Site:
    • Details of how you used and interacted with the Site, such as your search queries and how you responded to certain questions.
    • Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
    • Our server logs automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps us track your movements around the Site and understand trends.

When you interact with our Website, we attempt to make your experience as easy and meaningful as possible. Therefore, like many websites, we may use cookies and other technologies to track user activity and collect Website data. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record keeping purposes. We use cookies to track information about your activities on our Website. We also use cookies to store your preferences and to allow you to remain logged in as you use our Website. The types of cookies used include session cookies, preference cookies and security cookies, which are used to recognize and authenticate users to our Website, to allow us to operate our application, and for the proper functionality of our Website.

When you first access our Website, you should receive a message informing you that cookies are in use. By your continuing to browse our Website, you agree to our use of cookies as described herein. You do not have to accept our cookies. You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser’s preferences by following its instructions. You can also delete cookies once they have been placed on your hard drive. If you choose to disable or delete our cookies, you may still browse our Website but many of the features either will not work or may take more time to work.

LINKS

This Website may, from time to time, contain links to other sites. We are not responsible for the privacy practices of any such sites. They may also use cookies and other technologies. However, we do not have access to, or control over, cookies or other technologies that they may use. As such, the information practices of these sites are not covered by our policy, but rather are covered by their respective privacy policies. Thus, you should be aware of when you are leaving this Website and take the time to read the privacy statements of any such sites if they are in the habit of collecting your personal data.

DATA PROCESSORS

mobile.fan does not own or control any servers or databases. As a result, personal data is only stored on third-party servers, which act as data processors. The data is stored on a dedicated MongoDB Atlas database service hosted by AWS in the U.S. As to your data, it is collected in order to set you up with an Account and to provide the services for which you are contracting. As to your client’s data, it is collected in order to send messages to them. Any additional information that you may upload is stored to be used as merge fields (dynamic variables that get replaced in text messages). The server that runs our application, but does not actually store any data, is hosted by Heroku in the U.S. Twilio, which sends and receives your messages and manages your client’s phone numbers, and thus may need to store some data in order to know who to send the messages to, is located in the U.S. Stripe collects your credit card information for the purpose of collecting payments for our services. The personal data is stored on all of these servers until it is requested to be deleted or until your entire account is deleted, but some data may be retained beyond that time to the extent that the data processors are obliged or authorized to do so in accordance with applicable laws and regulations and/or as necessary to protect their legal rights or for certain business requirements.

TERMINATION OF CONSENT

You have the right, at any time, to withdraw your consent to the processing of your personal data. The withdrawal of your consent will not affect or invalidate the lawfulness of any data processing based upon your original consent that occurred prior to your withdrawal of that consent.

CORRECTION, AMENDMENT OR DELETION OF INFORMATION

You have the right, in certain situations and, with respect to the CCPA, upon our receipt of a verifiable request from you, to have your personal data corrected, erased, to terminate the further dissemination of your personal data, or to have third parties cease processing your personal data. In the event that you desire to revoke your previously granted consent to our Website collecting any personal data, and/or wish to have such information corrected, amended or deleted, and/or to terminate the further dissemination of your personal data or to have third parties cease processing your personal data, you can do so by contacting us at: Dmitry Petrov, Seer Assets, LLC, 3753 Hylan Blvd. Staten Island, NY, 10308, [email protected]

RIGHT TO YOUR PERSONAL DATA

You are entitled to receive a copy of your personal data free of charge so long as your request is not manifestly unfounded or excessive. With respect to the CCPA, you are entitled to receive, within 45 days of our receiving a verifiable request from you, a copy of your personal information that we have collected in the past twelve months, which may be delivered either by mail or electronically. The 45 day time period can be extended for an additional 45 days upon written notice to you. We are not required to provide such personal information to you more than twice in a twelve month period. With respect to the GDPR, we must provide the requested information within one month of our receipt of your request, which time period can be extended by two additional months if necessary, so long as we inform you of the extension within one month of receiving your request and of the reasons for the delay. In addition, California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to [email protected]

Transfer of Personal Information; International Visitors

The Website and Services are provided for access and use by persons located in the United States.  If you use the Website or Services from outside of the United States, you do so at your own risk.  You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.  If you are outside the United States, you acknowledge that by providing your Personal Information, you are: (a) permitting the transfer of your Personal Information to the United States which may not have the same data protection laws as the country in which you reside; and (b) permitting the use of your Personal Information in accordance with this Privacy Policy.

Protecting your data outside the United States

We may transfer Personal Information that we collect from you to third-party data processors in countries that are outside the United States. For example, this might be required in order to fulfil your order, process your payment details or provide support services. If we do this, we have procedures in place to ensure your data receives the same protection as if it were being processed inside the United States. For example, our contracts with third parties stipulate the standards they must follow at all times. If you wish for more information about these contracts please contact our compliance department. Any transfer of your Personal Information will follow applicable laws and we will treat the information under the guiding principles of this Privacy Notice.

For all non-US customers

By using our services or providing your Personal Information to us, you expressly consent to the processing of your Personal Information by us or on our behalf. Of course, you still have the right to ask us not to process your data in certain ways, and if you do so, we will respect your wishes.

Sometimes we’ll need to transfer your Personal Information between countries to enable us to supply the Services you’ve requested. In the ordinary course of business, we may transfer your Personal Information from your country of residence to ourselves and to third parties located in and outside the United States.

By dealing with us, you are giving your consent to this overseas use, transfer and disclosure of your Personal Information outside your country of residence for our ordinary business purposes.

This may occur because our information technology storage facilities and servers are located outside your country of residence, and could include storage of your Personal Information on servers in the United States or in other countries.

We’ll ensure that reasonable steps are taken to prevent third parties outside your country of residence using your Personal Information in any way that’s not set out in this Privacy Notice. We’ll also make sure we adequately protect the confidentiality and privacy of your Personal Information.

RIGHT TO OBJECT TO PROFILING AND DIRECT MARKETING

To the extent that we may collect your personal data for the purposes of conducting profiling or direct marketing, you have the right to object to the processing of your personal data for those purposes. In the event that you object to processing for those purposes, we will no longer process your personal data for those purposes. Please note that even if you opt out from receiving marketing communications, we may still send you administrative communications, such as technical updates for our Services, order confirmations, notifications about your Account activities, and other important notices.

DATA PORTABILITY

You have the right to receive your personal data in a commonly used and machine-readable format and to have your personal data transmitted to another information technology environment if it is technically feasible to do so.

RESPONSE TO “DO NOT TRACK” REQUESTS

We do not respond to web browser “do not track” signals. As a result thereof, any navigation of our Website may be tracked as part of the gathering of quantitative user information described above. If you arrive at our Website through the use of a link originating from a third party site that responds to “do not track” requests, the recognition of any “do not track” request you may have initiated will end upon your reaching our Website.

ANTI-DISCRIMINATION PROVISION

mobile.fan will not discriminate, provide different services or suggest that it will discriminate against any California resident exercising their rights under the CCPA.

NOTIFICATION OF DATA BREACH

In the event of a data breach that is likely to result in a risk to your rights and freedom, within 72 hours of our becoming aware of the breach we are required by the GDPR to report it to you and the appropriate authorities.

COMPLAINTS

You have the right to lodge a complaint with the appropriate supervisory authority (Data Protection Authority) of a member state of the EU that is your habitual residence, your place of work, or the place of the alleged infringement of your rights.

NOTICE

mobile.fan may change this privacy policy from time to time. Unless you are in the EU, all material changes to this policy are effective immediately upon its posting on this section of our Website. If you are in the EU, you will have to provide your consent to any such changes. We may also post these changes in the Terms and Conditions section of this Website and/or by sending an e-mail to users who have provided us their e-mail address for this notification purpose.

CONTACT US

If you have any questions about this Privacy Policy, please contact us: