Privacy Policy

 

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.

This Privacy Policy applies to all personal information we receive. Our product provides a white-label solution used by SEMBA’s Subscribers. Each of our Subscribers determines how to make the Mobile Application available to End Users. Because the Subscriber determines what personal information is collected, End Users should review the Subscriber’s privacy policy to determine the types of personal information collected by them, the purposes for which such information is collected and used, and the types of non-agent third parties to whom the personal information is disclosed. Subscriber’s privacy policies will govern their collection and disclosure of any such information. All information provided to SEMBA by the Subscriber, or collected by SEMBA as a result of Subscriber’s configuration of the Mobile Application will be governed by this Privacy Policy.

 

Definitions

  • “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.

 

Applicability and Scope of this Privacy Policy

This Privacy Policy discloses the privacy practices of SEMBA Mobile, Inc. (“SEMBA,” “we,” “our” or “us”) as they relate to the use of the Mobile Application and the Website by End Users and Subscribers. Your access to and use of the Mobile Application and the Website is subject to this Privacy Policy, our Terms of Service, and all applicable laws. This Privacy Policy and our Terms of Service are binding legal agreements between you and SEMBA. If you do not agree to this Privacy Policy, do not use the Mobile Application or the Website.

This Privacy Policy describes how and when we collect, use, or share information about you when you use the Mobile Application or the Website. When using the Mobile Application or the Website, you consent to the collection, transfer, storage, disclosure or other uses of your information as described in this Privacy Policy. Regardless of which country you reside in or supply information from, you authorize SEMBA to use your information in the United States.

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.

 

Updates and Changes to this Privacy Policy

Our business changes often, and this Privacy Policy and our Terms of Service may change also.

We may e-mail periodic reminders of changes to Subscribers, although you should check this website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. Accordingly, you will be bound by any changes to this Privacy Policy when you use Mobile Application or the Website after those changes have been posted.

 

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.

We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of the Mobile Application and the Website for fraud prevention and other purposes. We may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages or sections on our Mobile Application and the Website, user interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from pages or sections. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

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:

http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

 

Information Security and Data Integrity

The security of your Personally Identifiable Information is important to us. We follow generally accepted industry standards to protect the Personally Identifiable Information submitted to us, both during transmission and once we receive it. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. Although we make good faith efforts to store Personally Identifiable Information in secure operating environments that are not open to the public, you should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your Personally Identifiable Information. If we become aware that your Personally Identifiable Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as required by law.

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.

 

We release account and other Personally Identifiable Information when we believe its release is appropriate to comply with the law, enforce or apply our Terms of Service and other agreements, or protect the rights, property or safety of SEMBA and our employees, Subscribers, End Users or others. This includes exchanging information with other companies and organizations for fraud protection, threats to personal safety of any person and credit risk reduction. However, this does not include selling, renting or otherwise disclosing Personally Identifiable Information from Subscribers, End Users and other users of the Mobile Application or the Website for commercial purposes in violation of the commitments set forth in this Privacy Policy.

 

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.

The Help feature 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. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of the features of the Mobile Application we recommend that you leave them turned on.

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 support@sembatechnologies.com.

 

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 support@sembatechnologies.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

 

Data Retention

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.

 

Intercepted Information

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.

 

Business Transfers

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

The Mobile Application may contain links to other websites not owned by SEMBA. These websites are not under the control of SEMBA, and SEMBA is not responsible for the contents or activities of any linked sites or any link contained in a linked site. Websites owned and controlled by our Subscribers and/or third parties may have their own data collection, storage, and use practices and policies that differ materially from this Privacy Policy. You are urged to read and understand such other policies. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE QUALITY OR THE CONTENT OF ANY WEBSITE, INCLUDING WEBSITES OF THIRD PARTIES.

 

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.

 

Ownership

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.

 

Subscriber Testimonials

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 support@sembatechnologies.com.

 

Applicable Laws

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.

 

Miscellaneous

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.

This Privacy Policy, together with our Terms of ServiceSoftware as a Service Agreement and any other legal notices published by us in the Mobile Application or on the Website, constitute the entire agreement between you and SEMBA concerning your use of the Mobile Application and the Website, either as an End User or a Subscriber.

No waiver of any term of this Privacy Policy shall be deemed a future waiver of such term or any other term, and our failure to assert any right or provision under this Privacy Policy shall not constitute a waiver of such right or provision.

If any of the terms of this Privacy Policy shall be deemed invalid, void, or for any reason unenforceable, that term will be ignored but the other terms will remain in effect.

 

Questions and Comments

If you have any comments, concerns or questions about this Privacy Policy, you may send us an email at support@sembatechnologies.com.