PRIVACY POLICY

Last updated May 15, 2020

 

Thank you for choosing to be part of our community at Adam Alexander Publishing (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at Adampub@cox.net.

When you visit our mobile application, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Apps and our services.

This privacy policy applies to all information collected through our mobile application, ("Apps"), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Services").

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

 

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE USE YOUR INFORMATION?

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

7. HOW LONG DO WE KEEP YOUR INFORMATION?

8. DO WE COLLECT INFORMATION FROM MINORS?

9. WHAT ARE YOUR PRIVACY RIGHTS?

10. DATA BREACH

11. CONTROLS FOR DO-NOT-TRACK FEATURES

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

13. DO WE MAKE UPDATES TO THIS POLICY?

14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

 

1. WHAT INFORMATION DO WE COLLECT?

 

Personal information you disclose to us

In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our products and services, when participating in activities on the Apps or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Apps, the choices you make and the products and features you use. The personal information we collect can include the following: 

Personal Information Provided by You. We collect app usage; and other similar data.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.


Information automatically collected

In Short:   Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit our Apps.

We automatically collect certain information when you visit, use or navigate the Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Apps and other technical information. This information is primarily needed to maintain the security and operation of our Apps, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. 

Online Identifiers. We collect devices; applications; cookie identifiers, or others such as the ones used for analytics and marketing; and other similar data.


Information collected through our Apps

In Short:   We may collect information regarding your mobile device, push notifications, when you use our apps.

If you use our Apps, we may also collect the following information: 
 

  • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's camera, and other features. If you wish to change our access or permissions, you may do so in your device's settings.
     

  • Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
     

  • Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.

 

 

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:
 

  • Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
     

  • For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

 

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
     

  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
     

  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
     

  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
     

  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Apps, which will enable them to collect data about how you interact with the Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
     

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
     

  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

 

4. WHO WILL YOUR INFORMATION BE SHARED WITH?

In Short:  We only share information with the following third parties.

  

We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.

  • Advertising, Direct Marketing, and Lead Generation
    AdMob, AppLovin, Facebook Audience Network, ironsource and Unity Ads

  • Web and Mobile Analytics
    Google Analytics for Firebase

 

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

 

6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short:  We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The Apps may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Apps. You should review the policies of such third parties and contact them directly to respond to your questions.

 

7. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than __________.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

8. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Apps, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Apps. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at adam@dropinapp.net.

 

9. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Apps. To opt-out of interest-based advertising by advertisers on our Appsvisit http://www.aboutads.info/choices/

 

10. DATA BREACH

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when Adam Alexander Publishing believes you are likely to be at risk or serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that Adam Alexander Publishing becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information Adam Alexander Publishing will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

 

11. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy.

 

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Apps, you have the right to request removal of unwanted data that you publicly post on the Apps. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Apps, but please be aware that the data may not be completely or comprehensively removed from our systems.

 

13. DO WE MAKE UPDATES TO THIS POLICY?

In Short:  Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

 

14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may email us at adam@dropinapp.net or by post to:

Adam Alexander Publishing 

One Austin Avenue #104

Greenville, RI 02828

United States

SERVICE LEVEL AGREEMENT Phunware

Phunware shall maintain commercially reasonable standards and procedures to address the configuration, operation, and management of its systems and networks, services, as well as data owned by Customer.

 

Such standards and procedures shall include commercial or professional-grade (a) security controls, (b) identification and patching of security vulnerabilities on a commercially reasonable schedule, (c) use of anti-virus software, (d) change control processes and procedures, (e) problem management, and (f) incident detection and management.

 

Phunware shall provide a minimum of 99.9% uptime for all the hosted network components and functionality of the Phunware Software as measured on a calendar quarterly basis, over a twenty-four (24) hour period of all days during such calendar quarter and excluding those periods of time designated as scheduled downtime which shall not exceed 60 minutes per month. In no event shall Phunware uptime obligations be subject to any downtime, intermittent or inconsistent performance by any Customer or third party system, API, web service or similar integrated to any Phunware Software.

 

If Phunware does not maintain 99.9% uptime during any calendar quarter, customer is entitled to one month’s service fee as the sole and exclusive remedy. Uptime is measured by the customer’s ability to login and use the software. Customer may request a credit by emailing their account representative.

 

Exclusions to the uptime guarantee include but are not limited to scheduled downtime, failure of third-party systems that Phunware has no control over or any issues with customer’s network or hardware in accessing the software.

 

Phunware shall use its logs and other reporting tools to verify up time.

 

PRIVACY POLICY Phunware

 

Last Updated: May 2018

 

Your privacy is important to Phunware, Inc (“Phunware”, “Provider,” “we,” or “us”) and we are fully committed to the protection of your privacy.

 

We have developed this Privacy Policy (this “Policy”) to outline how we collect, use, disclose, transfer, store or otherwise process your Personal Information in the context of our business activities and our Web site at www.phunware.com (the “Site”), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other products or services provided by us and on which a link to this Policy is displayed (collectively, together with the Site, our “Services”). This includes for example Multiscreen as a Service, engageME, manageME, LocalPoint, Digby, TapIt, Simplikate, and other products or services for which a link to this Policy is displayed.

 

By using the Services, you consent to the privacy practices described in this Policy. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. You may also contact us as specified in the “Our Contact Information” section below.

 

 

 

To learn more about our customers’ privacy practices and understand how they may collect, use, disclose, transfer, store or otherwise process your Personal Information, please visit their respective websites and/or privacy policies.

 

1. The information we collect

 

We may collect Personal Information about you from various sources described below. “Personal Information” means any information relating to an identified or identifiable individual. Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from the Services if that information is necessary to provide you with them or if we are legally required to collect it.

 

1.2. Information Collected via Automated Means

 

When you use the Services, we and/or our business partners may collect certain information about you from your device by using various types of technology, including but not limited to “cookies”, “clear gifs”, “web beacons”, or “pixel tags.” This information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Services, the pages or other content you view or otherwise interact with on the Services, and the dates and times that you visit, access, or use the Services. We also may use these technologies to collect information regarding your interaction with messages sent to you, such as whether you opened, clicked on, or forwarded a message.

 

Cookies. When you use the Services, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Services, you may not be able to utilize some central features of the Services.

 

Analytics. We may use and/or provide your information to third parties that help us better understand how you and other Customers use our Services. For example, we may use a third-party service called Google Analytics and permit Google to use technologies such as web beacons and cookies to collect certain information that helps us understand usage of our Services. We may permit Google and other third party analytics providers to combine information collected through our Services with information collected from third party services, and those analytics providers may use this information to help us better understand users of our Services, and those analytics providers may also use this information to help their other customers better understand their users. These analytics permit the re-identification of data by third parties. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

 

Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Services that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Services. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties and is subject to that third party’s own data collection, use, and disclosure policies.

 

1.3 Information Obtained from Third Parties

 

Integrated Services. You may be given the option to access or register for the Services through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Facebook credentials through Facebook Connect, Google credentials via Google +, or otherwise have the option to authorize an Integrated Service to provide your Personal Information to us. When you log in using an Integrated Service, we may collect and store Personal Information about you, such as your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Services.

 

Our Customers. When we provide Services to our customers, we may collect certain information about their end-users from our customers’ services, applications, or other offerings. We generally process this information on behalf of our customers to provide the Services to them, but in some cases we may use that information for other purposes as described below and in accordance with applicable law.

 

The types of information we may collect in this context varies based on the particular Services utilized by our customers and may include:

 

information that allows us to identify the particular customer service, application, or offering used by you through a single device or combination of devices such as using a computer, tablet and smart phone in proximity. You may always change the settings of your device not to share such data. Please refer to your specific hardware’s “preferences” or “settings” or similar section to restrict sharing of data.

information about your hardware device as well as the configuration of the device such as the manufacturer, model number, the operating system, carrier, the IP address, battery level, wifi connection status information, network status, language, locale, time zone, unique identifiers associated with the device such as the identifier for advertisers, identifier for vendors, unique device identifier, the Android Advertiser ID, International Mobile Equipment Identity (IMEI), and MAC address.

information about the location of your device over time, such as the device’s latitude and longitude, as well as information regarding your location over time within a building or structure. Location information may be tracked across different devices that you have linked, meaning that if you consent to the collection of location information on one device, we may collect location information across all of your devices linked to the device in which you gave consent or across multiple devices in proximity to each other in which you gave consent on each device.

the content and other materials displayed to you through the Services and other information about your interactions with our customers’ services, applications, or other offerings, including the features used over time;

information about when and for how long you use a service, application or other offering connected with our Services;we and other third parties, including our business partners, may track your activity across different devices (e.g. smartphone, tablet, desktop computer, and other connected devices that are linked or in which consent has been given on each device); when multiple devices are used in proximity (e.g. you are logged in to an iPhone®, iPad® and Mac laptop in proximity to each other and they are all linked via your Apple® ID), then our system may see them as a “single” device and behavior pattern, and process data accordingly.

other information that a you may submit in connection with your use of a customer’s service, application, or other offering including Personal Information and demographic information such as a your name, gender, age, address, city, state, zip code, and phone number.

Other Third Parties. We may obtain Personal Information about you from other third parties and sources other than the Services, such as our partners, advertisers, and Integrated Services. For example, we may receive information collected from wireless access points, including Media Access Control (MAC) addresses, which we may use in connection with providing our Services. We may combine or associate this information with Personal Information that we collect through the Services in accordance with this Policy.

 

2. How we use the information we collect

 

We use information we collect in a variety of ways in providing the Services and operating our business, including the following:

 

We use the information that we collect through the Services to operate, maintain, enhance and provide all features of the Services, to provide services and information that our customers request, to respond to comments and questions and otherwise to provide support to our customers.

We use the information that we collect through the Services and from third parties to understand and analyze the usage trends and preferences of customers and their end-users, to improve the Services, and to develop new products, services, features, and functionality.

We may use your email address or other information we collect on the Services to contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to content posted on the Services.

We may use your email address or other information we collect to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Where required by applicable law, we offer the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”

We may use “cookies” information and “automatically collected” information we collect on the Services to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Services; (b) provide customized advertisements, content, and information; (c) monitor and analyze the effectiveness of Services and third-party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities on the Services.

We may provide Customers with certain analytics information collected from end-users of that customer’s services, application, and other offerings integrated with our Services. In addition to providing that analytics information, we may also combine that information with aggregated and de-identified information collected from end-users through non-affiliated services, applications, and other offerings integrated with our Services in order to provide additional analytics or re-identification information and insights. Additionally, we may use this information in a manner that would re-identify you personally.We may combine and use the information collected across non-affiliated Customer services, applications, and other offerings, as well as information about end-users collected across different devices and from third parties, in order to enable advertisers to purchase and target ads to Users based on certain criteria or end-user interests. These targeted ads may be displayed within our customers’ services, applications, or other offerings integrated with our Services, or may be displayed on third-party services, applications, websites, or other offerings. For example, we could help advertisers to make advertisements available to end-users that fit into certain categories, such as end-users that access particular types of content, whose devices visit particular locations, or who fall within certain demographic categories. Users may choose to opt out from this ad targeting through the process described in our opt out page https://www.phunware.com/privacy/optout. If an end-user opts out from receiving interest-based ads, we or other advertisers may continue to present that end-user with advertisements but those advertisements may be less relevant or useful to that end-user. Please note that this opt out does not apply to cross-device tracking or other forms of tracking.

We use information collected from our business partners and vendors to manage those relationships.

If you apply for a job with Phunware, we may process your Personal Information to evaluate your application.

We may use your Personal Information to enforce our Terms and Conditions, to defend our legal rights, and to comply with our legal obligations and internal policies.

We may also use your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.

If you are located in the European Economic Area, we only process your Personal Information based on a valid legal ground, including: consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you, for example to deliver the Services or respond to your inquiries), our or a third party’s legitimate interests (for example, to personalize our Services and provide you with tailored content, conduct business analytics, and otherwise improve the safety, security, and performance of our Services) or to comply with our legal obligations. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.

 

3. When we disclose information

 

We do not share or otherwise disclose Personal Information we collect about you, except as described in this Policy or otherwise disclosed to you at the time of the collection. We may disclose Personal Information to third parties in the following circumstances:

 

We may disclose Personal Information about you with our affiliates and subsidiaries.

Any information that you voluntarily choose to include in a publicly accessible area of the Services may be shared with individuals with access to such public areas.

We work with third party service providers to provide website or application development, hosting, maintenance, data matching, targeted advertising, and other services for us. These third parties may have access to or process your Personal Information as part of providing those services for us or others.

We may make certain automatically-collected, aggregated, or otherwise de-identified information available to third parties for various purposes, including (a) compliance with various reporting obligations; (b) for business or marketing purposes; or (c) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Services.”

We may disclose certain end-user information we collect in connection with Services to the customer that is associated with the service, application, or other offering through which we collected that information. We may also disclose end-user information for the purposes of data analytics and targeted advertising.

We may disclose your Personal Information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), or other applicable laws depending on your country, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose Personal Information about you that we believe, in good faith, is appropriate or necessary to (a) take precautions against liability, (b) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (c) investigate and defend ourselves against any third-party claims or allegations, (d) protect the security or integrity of the Services and any facilities or equipment used to make the Services available, or (e) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property or safety of others.

If you apply for a job with Phunware, we may process your Personal Information to evaluate your application.

Your Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

We also may disclose Personal Information about you as may be described in a notice provided to you at the time the information is collected, or in any other manner to which you consent.

4. Your Rights and Choices

 

4.1 Marketing Communications

 

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at privacy@phunware.com or as specified in the “Our Contact Information” section below.

 

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Services.

 

If your Personal Information changes, you may correct, update, request to delete/remove it by emailing our Customer Support at support@phunware.com. We will respond to your request to access within 30 days.

 

4.2 Information Collected by Automated Means

 

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Site.

 

Please note that there is currently no uniform way in which to respond to Do Not Track signals, and at this time we do not respond to such signals. You may choose to opt out from ad targeting through the process described in our opt out page https://www.phunware.com/privacy/optout.

 

4.3 Other Rights and Choices

 

If you are located in the European Economic Area or Switzerland, you may have the following additional rights: Request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.

Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.

Those rights may be limited in some circumstances by local law requirements. You may exercise these rights by using the “Our Contact Information” section below.

 

5. Third-Party Services

 

The Services may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed them through the Services. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Services. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

 

6. Children’s Privacy

 

Protecting the privacy of young children is especially important. Our Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13. If you are under 13 years of age, then please do not use or access the Services at any time or in any manner. If we learn that Personal Information has been collected on the Services from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this Personal Information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Services or that we may have collected information from that child through our Services, then you may alert us at privacy@phunware.com and request that we delete that child’s Personal Information from our systems.

 

7. Data Security and Retention

 

We use certain physical, managerial, and technical safeguards that are designed to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession.

 

Although we may allow you to adjust your privacy settings to limit access to Certain Personal Information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Services. Additionally, we cannot control the actions of other users with whom you may choose to share your information such as through an online comment. Further, even after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. We cannot and do not guarantee that information you post on or transmit to the Services will not be viewed by unauthorized persons.If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Services if a security breach occurs. To receive a free written notice of a security breach you should notify us at privacy@phunware.com. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

 

We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.

 

8. International Data Transfers

 

We may transfer your Personal Information to countries other than the country where you are located, including to the United States where we are headquartered. By providing your Personal Information to us, you consent to any transfer and processing in accordance with this Policy.

 

If you are located in the European Economic Area or Switzerland, we may transfer your Personal Information to countries which provide an adequate level of protection under EU law.

 

Phunware complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union to the United States. Phunware has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

 

Phunware is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and under certain conditions, individuals may invoke binding arbitration as well as learn more about Phunware’s liability in cases of onward transfers to third parties at: https://www.privacyshield.gov/EU-US-Framework.

 

You may contact us as specified below to obtain a copy of the safeguards we use to transfer Personal Information outside of the European Economic Area.

 

9. Change and Updates to this Policy

 

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Site or otherwise on the Services, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Services prior to the changes becoming effective. Your continued use of the Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of the Policy.

 

10. Our Contact Information

 

Phunware, Inc. is the entity responsible for the processing of your Personal Information, except where we process your Personal Information on behalf of our customers.

 

Please contact us with any questions or comments about this Policy, your Personal Information, our use and disclosure practices, your consent choices or if you would like to exercise your rights, by email at privacy@phunware.com.

 

You may also write to us at:

Phunware, Inc.

7800 Shoal Creek Blvd.

Suite 230 S

Austin, TX 78757