MobileBits Corporation Privacy Policy


Notice: We have updated our Privacy Policy and Terms of Use as of February 4, 2014

Protection of your privacy is of the utmost importance to MobileBits Corporation (“MBC”).  Please read this Policy (“Policy”) as it sets forth our current privacy practices with regard to the information we collect when you access, use and interact with MBC’s website, samy.com, samy.net and the Samy™ software, a web-based information platform with a corresponding application with which companies and organizations (hereinafter referred to as "Companies") can provide information and services to interested customers.  For purposes of this Policy, samy.com,samy.net, the Samy software and each of the components of the Samy software, including but not limited to the Samy App, shall, individually and collectively, as applicable, be referred to as the “Service”.  By using the Service, you acknowledge and fully understand the Policy and freely consent to the information collection and use practices described in this Policy, as well as the Terms of Use and Service.  IF YOU DO NOT AGREE TO THE PRIVACY PRACTICES DESCRIBED IN THIS POLICY, PLEASE DO NOT ACCESS OR USE MBC’S SERVICE.

1.       Your Information

a.       What Information Does MBC Collect?

 MBC may ask you to provide and may collect the following information:

-          Personally identifiable information such as your name, e-mail address, alternate e-mail address, telephone and fax number, home and work address. 

-          Your location through Global Positioning System Location Technology (“GPS”) on your mobile phone, when available.

-          Demographic information such as your age, gender, zip/postal code, interests, preferences, and favorites.

-          Shall you choose to make a purchase or subscribe to the Service, MBC may request billing information such as your credit card number and credit card information, as well as your billing address and telephone number.

-          MBC automatically records all search queries made within the Service, the results of all said search queries and any communications by, to or with MBC.

-          Shall you use your mobile phone to access the Service, we may record information including the originating mobile phone number, the service provider, the audible or text content of any communications with, by or to MBC and the time and date of the communications. MBC may link personally identifiable information provided by you with your telephone number.

-          Also, shall you use your mobile phone to access the Service, we may use your mobile phone number or the device’s unique identifier as alternative credentials.

-          MBC’s servers automatically recognize information such as domain names, IP addresses, state or country from which you accessed the Service, name of your internet service provider, access dates and times, kind of computer used, browser and platform types and sizes, browser add-ons and languages, the address of the last URL visited before clicking through to the Service, referring website addresses, number of links you click within the Service, the data in any undeleted “cookies” the browser previously accepted, the search engine(s) and the search terms used to find the Service and the services and products and the pages viewed within the Service.

-          Our Service may issue you an account number or allow you to create a username and password based on your personally identifiable information, along with security questions and answers in order for MBC to verify your identity, if necessary. 

-          Information volunteered by you, such as survey information, registrations and communications with MBC.

-          Information obtained by MBC through web beacons and cookies, as described below, such as pages you have visited, links and communications you have opened and actions taken by you within the Service. 

-          If you should use the Service’s voice activated tools, if offered, we may record and collect your voice inputs.

-          MBC may also collect information regarding your page views of MBC advertising contained within and outside of the Service.

-          MBC may receive Outside Information about you. For purposes hereof, “Outside Information” shall include any non-personally identifiable information received from a third party or from other sources of information outside of MBC including information located in public databases.

b.       How Does MBC Use Your Information?

MBC uses your information to:

-       Provide support for MBC’s internal operations.

-       Carry on and improve the content of the Service.

-       Customize the content and/or layout of the Service for you. 

-       Communicate with you.

-       Verify or enforce compliance with the policies governing the Service and applicable laws to protect against misuse or unauthorized use of the Service.

-       Provide you with customer service, information, marketing and advertising tailored to your needs, wants and location.

 c.        Does MBC Share Any of Your Information? 

 Companies to Which You Subscribe Through the Service

We may provide to Companies to which you subscribe through the Service (“Subscribed Companies”) information about you that does not allow you to be personally identified or contacted (aside from through the Service), including where such information is combined with similar information of other users of the Service. For example, we might inform Subscribed Companies regarding the number of unique users who visit the Service, the location information and demographic breakdown of our registered users, or the products and/or services purchased using the Service and the vendors of such products and services.  Additionally, we may provide Subscribed Companies with usage data, that is, data that is created in connection with your use of that particular Subscribed Company within the Service (“Usage Data”).  Usage Data includes, but is not limited to notifications or offers that were sent, viewed or redeemed by you and regarding products and services used or purchased by you from said Subscribed Company through the Service.  For clarification purposes, Usage Data is only available to the respective Subscribed Company by whom the data was collected.

Additionally, you may be able to share information, including personally identifiable information and merchant data, such as rewards card information, directly with Subscribed Companies through the Service.  Information you provide directly to Subscribed Companies can only be viewed by the specific Subscribed Company by which this data was collected, and by MBC.  Please note that by submitting said information to Subscribed Companies, you are affirmatively sharing information with MBC and with the Subscribed Company.

 

Third Parties, Generally

We may provide to third parties and Companies information about you that does not allow you to be personally identified or contacted, including where such information is combined with similar information of other users of the Service. For example, we might inform Companies and third parties regarding the number of unique users who visit the Service, the location information and demographic breakdown of our registered users, or the products and/or services purchased using the Service and the vendors of such products and services. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising products or services (including vendors and website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

 

Outside Contractors

We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Service, such as hosting and maintenance, providing credit card processing and fraud screening, and developing applications. In the course of providing products or services to us, these Outside Contractors may sometimes have limited access to information we collect, including your personally identifiable information.  Any information about you that we provide to Outside Contractors will be treated by those Outside Contractors in accordance with the terms of this Policy.

 

Other Websites and Softwares

In addition, through the Service, you may be given the opportunity to purchase or to obtain more information regarding certain content, products or services that are offered through a website or application hosted or operated by a person or company other than MBC (collectively, "Outside Websites"). We will attempt to make it clear to you when you are dealing with Outside Websites by opening a new browser or otherwise notifying you that you are leaving the Service. For example, if you see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than MBC, then you are likely on, or about to enter, a website or application hosted or operated by a person or company other than us. Other Websites, including websites and applications hosted or operated by Companies or Subscribed Companies, may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. By submitting the requested information, you affirmatively consent to have that information shared with the Outside Website. This information is used by the Outside Website and may be subject to a different privacy policy. We are not responsible for the privacy practices of Outside Website. We encourage you to be aware when you are linked to Outside Websites and to read the privacy policies or statements of each and every Outside Website. This Policy applies solely to information collected within the Service.

 

Sale of Business

We reserve the right to transfer information, including personally identifiable information, about you to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of MBC, provided that the third party agrees to adhere to the terms of this Policy.

 

Affiliates

We may disclose information, including personally identifiable information, about you to our Affiliates. For purposes of this Policy, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with MBC, whether by ownership or otherwise. Any information about you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Policy.

 d.       Who Does MBC Share Personally Identifiable Information With and For What Purposes? 

 -          MBC will share personally identifiable information with its Affiliates to provide support for internal operations, to carry on and improve their offerings, to occasionally send you information on products, services, special deals and promotions and to fulfill your inquiries and request for products or services.

-          MBC will share personally identifiable information as required to fulfill your inquiries and request for products or services.

-          MBC may provide your personally identifiable information to trusted businesses for the purposes of processing personally identifiable information on our behalf.  We require that these parties process your information in compliance with this Policy.  For example, MBC may use outside shipping companies to ship orders, and credit card processing companies to bill users for goods and services.  MBC also hires other companies to perform services such as hosting, processing transactions, analytical services, etc.   These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

-          MBC will share your personally identifiable information with your consent.  For example, MBC partners with other parties to provide specific services. When you sign up for these services, we will share personally identifiable information that is necessary for the third party to provide these services.  Also, MBC may offer co-branded services along with another company.  Upon your registration for said services, both companies may receive said information.  We also may transfer personally identifiable information to certain of our advertisers that you have explicitly requested to receive information from.

-          MBC may disclose or transfer your personally identifiable information to a purchaser or transferee of all or a portion of MBC’s assets in conjunction with the sale or transfer of such assets; however, we will provide notice on our Service before personally identifiable information becomes subject to a different privacy policy.

-          You may be able to share information, including personally identifiable information and merchant data, such as rewards card information, directly with Subscribed Companies through the Service.  Information you provide to Subscribed Companies can only be viewed by the specific Subscribed Company by which this data was collected, and by MBC.  By submitting said information to Subscribed Companies, you are affirmatively sharing information with MBC and with the Subscribed Company.

-          Aside from the above, MBC reserves the right to disclose your personally identifiable information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal processes; (b) protect and defend the rights or property of MBC, its Affiliates, subsidiaries, its officers, directors, employees, agents, third-party content providers, merchants, sponsors, suppliers, licensors, resellers, distributors, vendors, advertisers, partners, service providers and the like (collectively “Providers”); and, (c) act in good faith to protect the personal safety of MBC’s Providers, customers and the public.

e.       How Do You Access Your Information?

 If you want to access, correct, update or delete some of the information that we collect and process about you, you may submit your request in writing tosamyprivacy@mobilebits.com.

 f.        Is Your Personal Information Secure?

 The security of your personally identifiable information is important to MBC. We follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. If you have any questions about security on the Service, you can email us at samyprivacy@mobilebits.com.

 

If you choose to use the Service or if you choose to register for an account, you may be required to select a password. Passwords may be changed at any time after you first log into the service by using your current password. You must keep your password confidential and you must not share this information with anyone. If you share a computer with anyone, you should always log out of the Service before leaving it to prevent access to your information from subsequent users of that computer.

 

MBC may store and process information in the United States or any other country in which MBC or its Providers maintain facilities. By using the Service you consent to any such transfer of information outside of the United States of America.

2.       Advertising

The advertisements appearing on the Service may be delivered to you by us or our advertisers.

MBC may use cookies, web beacons, and/or GPS in its Service and advertising. These cookies, web beacons and GPS technology, as defined below, allow the ad server to recognize your computer or mobile phone. In this way, ad servers may compile information about (i) where you saw their advertisements and determine which ads are clicked on and about (ii) where you are located in order to provide you with targeted advertising.  This information allows us to deliver targeted services and advertisements that we believe will be of most interest to you.  The information that we collect and share through this technology is not personally identifiable.  In order to opt out of personalized mobile ads you can turn off the GPS setting on your phone or decline authorization for us to have access to your GPS location when you use the Service.

This Policy covers the use of cookies, web beacons and GPS technology by MBC and does not cover the use of cookies, web beacons and GPS technology by any other parties.

We may also provide third party ad delivery and allow third party ad-serving companies, including other ad networks, to display advertisements on the Service.

 3.       Cookies

the Service uses cookies to assist you with making your online experience more individualized. A cookie is a text file that is placed on the hard disk of your computer by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

Cookies are used for convenience and to save you time when you next visit the Service. The purpose of a cookie is to tell the web server that you have returned to a specific page, so that when you visit the site again, the experience will be personalized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to set your computer to accept cookies from the Service, you may also choose to be logged into the Service automatically. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Service or the other websites that you visit and you may experience technical problems receiving current information from such cookie-disabled websites.

 4.        Web Beacons or GIF files

the Service may contain electronic images known as web beacons, also referred to as single-pixel gifs, that permit MBC to count users who have visited those pages, to deliver co-branded services and for other related website statistics (e.g., recording the popularity of certain website content and verifying system and server integrity). Additionally, MBC may include web beacons in e-mail messages or newsletters in order to determine which messages have been opened and acted upon.

Some of these web beacons may be placed by third party service providers to help determine the effectiveness of our operation of the Service, our advertising campaigns and email communications. These web beacons may be used by these third party service providers to place a persistent cookie on your computer. This allows the third party service providers to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our third party service providers to learn which advertisements and emails bring you to our Service and how you use the Service. MBC prohibits web beacons from being used to collect or access your personal information.

MBC may work with other companies that advertise on the Service to place web beacons on their sites in order for us to develop statistics regarding how often clicking on an ad on the Service results in action on the advertiser’s website.

 5.       Global Positioning System Location Technology

Our Service may use signals from satellites to pinpoint the location of mobile users in order to provide you with targeted services, marketing and advertising tailored to your needs, wants and location.  You may deactivate the GPS service by accessing your mobile phone settings and turning it off or by opting to decline MBC access to your GPS location when you use the Service.  This may have an impact on the use of the Service and on taking advantage of certain unique features of the Service.

6.       Voice Activated Search

the Service may offer voice activated search tools.  If you choose to utilize the voice activated search tools, you consent to MBC recording and collecting your voice inputs.  Some inputs will be used to provide you the service and to improve our products and services.

7.       Communications From the Service

a.  Communications Choice/Opt-out- Other than Service-Related Announcements and Customer Service communications (each described below), you may elect not to receive updates or notifications from MBC. If you wish to no longer receive these announcements and communications, you have the option to unsubscribe directly in our e-mails.

b.  Special Offers and Updates- We will occasionally send you information on products, services, special deals and promotions. You can sign up for these emails on our website. If you wish to no longer receive this type of information, you have the option to unsubscribe directly in our e-mails.

c.  Newsletters- If you wish to subscribe to our newsletter, we will use your name and email address to send the newsletters to you. Out of respect for your privacy, we will provide you a way to unsubscribe directly in our e-mails.

d.  Service-Related Announcements- We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.

e.   Customer Service- Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your account number or your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. Generally, you may not opt-out of these communications, which are administrative in nature.

8.       Children

the Service is not designed for or directed to individuals under the age of 13.  MBC will never knowingly or intentionally collect any personally identifiable information about children under the age of 13. If MBC obtains actual knowledge that it has collected personally identifiable information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not knowingly or intentionally collect such information, to the best of MBC’s knowledge and belief, MBC has no such information to use or to disclose to a third party. MBC has designed this policy in order to comply with the Children's Online Privacy Protection Act.

However, MBC cannot prohibit minors from visiting or using its Service. MBC must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.

MBC requires that all Users be 13 years of age or older. EACH TIME YOU USE MBC’S SERVICES, YOU ARE REPRESENTING TO MBC THAT YOU ARE AN INDIVIDUAL 13 YEARS OF AGE OR OLDER.

9.       Changes to this Policy

The terms and conditions in this Policy came into effect on February 14, 2013. 

We may update our Privacy Policy from time to time.  When we change the policy in a material way, a notice will be posted on our website, www.samy.com, along with the updated Privacy Policy.

Your use of our Service and any other services provided by MBC after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy policy prior to every use for any changes.

 10.   Disclosure of Information

You always have the right to refrain from providing any information (other than information required for registration). This may have an impact on use of the Service and on the ease of making, or ability to make, purchases or taking advantage of certain unique features of said Service, products and services. By providing information about third parties, you represent that you have all necessary authority and/or obtained all necessary consents from such person to authorize us to collect, use and disclose the information of such third parties. All such information shall be governed by the terms of this Policy.

11.   Contacting MBC

If you have any questions or suggestions regarding our Policy, please contact us at:

MobileBits Corporation

c/o: Samy Privacy Policy Requests

5901 N. Honore Ave.

Suite 110

Sarasota, FL 34243

 (E):  samyprivacy@mobilebits.com

Additionally, MBC welcomes feedback regarding this Policy. If at any time you believe that MBC has not adhered to this Policy, please contact us and we will use all commercially reasonable efforts to promptly determine and correct the problem.

12.  Notice to California Residents

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please write to us with a reference to California Disclosure Information at:

 

MobileBits Corporation

c/o: Samy Privacy Policy Requests/California Disclosure Information

5901 N. Honore Ave.

Suite 110

Sarasota, FL 34243

(E):  samyprivacy@mobilebits.com

BY USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.  By accepting this Policy, you hereby confirm that you know that the Website is a website operated by COMPANY in the U.S., and you consent to the transfer of your personal data to the U.S., where your personal data will be subject to U.S. law and, if you live outside of the U.S., where the level of data protection may be different compared to your country.

 

 

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