Last updated: June 1, 2017
We know that you care how information about you, (the “End User”, or “Subscriber” as context requires), is used and shared. We appreciate you trusting us that we will handle your information carefully and reasonably.
- “End User” means a customer of Subscriber who utilizes the Mobile Application to shop for and purchase products from the Subscriber, as well as to take any related actions, including, without limitation, paying invoices in respect of such products.
- “Mobile Application” means the mobile application and SEMBA’s cloud-based mobile application software, including its application programming interface, that allows enterprises to tailor the functionalities of the mobile application templates for the Authorized Platforms, including any updates, modification, bug fixes, upgrades, enhancements, and other modifications thereto.
- “Personally Identifiable Information” or “PII” means any information you provide to SEMBA or Subscriber that could be used either by itself or in combination with any other information to identify you, such as your name, phone number and e-mail address.
- “SEMBA” means SEMBA Mobile, Inc., a Delaware corporation.
- The “Services” means the nonexclusive right of Subscribers to access and use, and permit End Users to access and use, the Mobile Application for the Intended Use on the Authorized Platforms, as well as the customization, integration, management, monitoring, technical support, maintenance, training, backup, recovery, and upgrades and enhancements to, the Mobile Application. The Services also include the right to use the Documentation.
- “Subscriber” means a customer of SEMBA who subscribes to the services from SEMBA.
- The “Website” means www.sembatechnologies.com.
Please read the following to learn more about what information we collect, what we do with that information, and how we may use your personal information.
Information You Voluntarily Provide to Us or Subscribers
In order for End Users to access certain sections and features of the Mobile Application, we may require End Users to provide us with certain Personally Identifiable Information. We may ask you for your name and email address to stay in contact with you. We receive and store Personally Identifiable Information. You may elect to not provide Personally Identifiable Information to us, although doing so may prevent you from engaging in certain activities.
If you are an End User and want to purchase products from one of our Subscribers, you will be required to provide your name, physical address, email address and other personal, and possibly sensitive, information, including financial information, in order to pay for the products and services you purchase.
Information We Gather Automatically
When you use the Mobile Application or the Website, files and other data are sent to, and stored on, our web servers. Our web servers automatically save and store this anonymous information. Examples of the information we collect automatically (without you providing it) and analyze include the Internet protocol (IP) address used to connect your device to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, and operating system; purchase history; the full Uniform Resource Locator (URL) click path you followed to and from the Mobile Application or the Website, including date and time; and products you viewed, searched for, or purchased while using the Mobile Application. We use this data to learn more about your use of the Mobile Application and the Website and to improve marketing, analytics, and technology functionality, as well as to target our offerings to the users most interested in them based on their past use of the Mobile Application or the Website.
When you use the Mobile Application or the Website, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results and other personalized content.
Flash LSOs and HTML5
We use Local Storage Objects (LSOs) such as HTML5 local storage and cookies to store form submitted information. Third parties with whom we partner to provide certain features on the Mobile Application or the Website use LSOs such as HTML 5 or Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs. To manage Flash LSOs please click here:
Information Security and Data Integrity
We work to protect the security of your Personally Identifiable Information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personally Identifiable Information.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
How We Use Information We Gather
We use the information we gather to improve the experience of users of the Mobile Application and the Website, including Subscribers and End Users.
If you are a Subscriber, we may send you emails to inform you about our services, news, or offers by us or our affiliates.
What We Do Not Do with Your Personally Identifiable Information
Information about Subscribers and End Users is an important part of SEMBA’s business, and we are not in the business of selling it to others. We do not share, disclose, sell, rent or otherwise provide Personally Identifiable Information to companies other than Subscriber.
We may share generic aggregated demographic information not linked to any Personally Identifiable Information with our business partners, trusted affiliates and advertisers.
We do not use the Personally Identifiable Information we collect from Subscribers or End Users to contact or market to End Users or compete in any way with Subscribers. However, we may contact or market to End Users if we obtain their information from another source, such as from the End Users themselves.
We may employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, analyzing and cleaning up information on our Subscriber lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. These other companies and individuals have access to Personally Identifiable Information only to the extent they need it to provide their services to us.
What to Do if You Don’t Want to Share Information with Us
You can always choose not to provide Personally Identifiable Information to us, although such refusal may prevent you from making a purchase from one of our Subscribers or otherwise taking advantage of the features of the Mobile Application.
Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
Opting Out of Email Communication from Us
You may choose to stop receiving emails from us by following the unsubscribe instructions included in these emails or you can contact us at firstname.lastname@example.org.
Access by Minors
If you are under 18, you may use the Mobile Application and the Website only with the active involvement of a parent or guardian.
Communications from Users
When you send e-mail or other communications to SEMBA, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Controlling Your Personal Information
You retain all rights to your Personally Identifiable Information and can access it anytime.
As a registered user of the Mobile Application, you can modify or delete some of the Personally Identifiable Information you included in your profile by logging in and accessing your account. You cannot, however, change your username once you have registered for an account.
If you wish to cancel your account, contact us email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
SEMBA will retain Personally Identifiable Information for as long as needed to provide services to our Subscribers and End Users.
Lost or Stolen Information
You must promptly notify us if your Personally Identifiable Information is lost, stolen or used without permission. In such an event, we will work with our Subscriber(s) to remove your Personally Identifiable Information from your account and update our records accordingly.
We cannot be held responsible for any information that has been eavesdropped, hacked, manipulated, or otherwise intercepted while in transit to us. When you send information to us, either directly or through a Subscriber, please be aware that you are fully responsible for any damage and or loss that is caused.
If SEMBA should ever sell its assets, merge with another entity or file for bankruptcy, information collected from the Mobile Application may be transferred as assets of SEMBA.
Links to Other Sites
Warranties and Limitations of Liability
ACCESS TO, AND USE OF, THE MOBILE APPLICATION AND THE WEBSITE ARE OFFERRED ON AN “AS IS” BASIS. SEMBA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE MOBILE APPLICATION, INCLUDING, WITHOUT LIMITAITON, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE MOBILE APPLICATION OR THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SEMBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEMBA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE MOBILE APPLICATION OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
All contents of the Mobile Application and the Website, including text, graphics, logos, and identity devices, button icons, photographic images, audio and video clips, and software, are the property of SEMBA or Subscribers and is protected by the copyright laws of the United States and by international copyright laws.
The reproduction, modification, distribution, transmission, republication, display, or performance of the content and software on the Mobile Application and the Website is strictly prohibited.
We display personal testimonials of satisfied Subscribers, in addition to other endorsements, on our website. If we display your testimonial and you wish to or delete it, you can contact us at firstname.lastname@example.org.
The Mobile Application and the Website can be accessed from all fifty states, as well as from other countries around the world. By accessing or using the Mobile Application or the Website, you agree that the laws of the State of Texas, United States of America, without regard to conflicts of laws principals thereof, will apply to all matters relating to the Mobile Application. You agree and hereby submit to the exclusive personal jurisdiction and venue of the State of Texas and the state and federal courts located therein with respect to such matters.
You agree that use of the Mobile Application and the Website shall be deemed a passive service based solely in Texas and shall not give rise to personal jurisdiction over SEMBA, either specific or general, in any state or jurisdiction other than Texas.
Questions and Comments