This privacy statement was last changed on July 6, 2020, last checked on July 6, 2020, and applies to citizens of the United States.

In this privacy statement, we explain what we do with the data we obtain about you via https://www.mobilesmith.com. We recommend you carefully read this statement. In our processing we comply with the requirements of privacy legislation. That means, among other things, that:

  • we clearly state the purposes for which we process personal data. We do this by means of this privacy statement;
  • we aim to limit our collection of personal data to only the personal data required for legitimate purposes;
  • we first request your explicit consent to process your personal data in cases requiring your consent;
  • we take appropriate security measures to protect your personal data and also require this from parties that process personal data on our behalf;
  • we respect your right to to access your personal data or have it corrected or deleted, at your request.

If you have any questions, or want to know exactly what data we keep of you, please contact us.

1 Purpose and categories of data

Categories of personal information to be collected and the purpose for which the categories shall be used.
1.1 We use your data for the following purpose:
To support services or products that a customer wants to buy or has purchased
The following categories of data is collected
  • A first and last name
  • An email address
  • A telephone number
  • Any other identifier that permits the physical or online contacting of a specific individual
  • IP address
  • Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement.
  • Geolocation data
1.2 We use your data for the following purpose:
Compiling and analyzing statistics for website improvement.
The following categories of data is collected
  • IP address
  • Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement.
  • Geolocation data

2 Sharing with other parties

We only share or disclose this data to other recipients for the following purposes:

Purpose of the data transfer: Contact Form Submissions
Country or state in which this third party is located: United States

Purpose of the data transfer: Google Analytics Tracking
Country or state in which this third party is located: United States

We disclose personal information if we are required by law or by a court order, in response to a law enforcement agency, to the extent permitted under other provisions of law, to provide information, or for an investigation on a matter related to public safety.

3 How We Respond to Do Not Track Signals

Our website responds to and supports the Do Not Track (DNT) header request field. If you turn DNT on in your browser, those preferences are communicated to us in the HTTP request header, and we will not track your browsing behavior.

4 Cookies

Our website uses cookies. For more information about cookies, please refer to our Cookie Statement on our Do Not Sell My Personal Information webpage. 
We have concluded a data processing agreement with Google.
Google may not use the data for any other Google services.

5 Security

We are committed to the security of personal data. We take appropriate security measures to limit abuse of and unauthorised access to personal data. This ensures that only the necessary persons have access to your data, that access to the data is protected, and that our security measures are regularly reviewed.

6 Third party websites

This privacy statement does not apply to third party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend you read the privacy statements of these websites prior to making use of these websites.

7 Amendments to this privacy statement

We reserve the right to make amendments to this privacy statement. It is recommended that you consult this privacy statement regularly in order to be aware of any changes. In addition, we will actively inform you wherever possible.

8 Accessing and modifying your data

If you have any questions or want to know which personal data we have about you, please contact us. Please make sure to always clearly state who you are, so that we can be certain that we do not modify or delete any data of the wrong person. We shall provide the requested information only upon receipt of a verifiable consumer request. You can contact us by using the information below. You have the following rights:

8.1 Right to know what personal information is being collected about you
  1. A consumer shall have the right to request that a business that collects personal information about the consumer disclose to the consumer the following:
    1. The categories of personal information it has collected about that consumer.
    2. The categories of sources from which the personal information is collected.
    3. The business or commercial purpose for collecting or selling personal information.
    4. The categories of third parties with whom the business shares personal information.
    5. The specific pieces of personal information it has collected about that consumer.
8.2 The right to know whether personal information is sold or disclosed and to whom
  1. A consumer shall have the right to request that a business that sells the consumer’s personal information, or that discloses it for a business purpose, disclose to that consumer:
    1. The categories of personal information that the business collected about the consumer.
    2. The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
    3. The categories of personal information that the business disclosed about the consumer for a business purpose.
8.3 The Right to equal service and price, even if you exercise your privacy rights
We shall not discriminate against a consumer because the consumer exercised any of the consumer’s privacy rights, including, but not limited to, by:
  1. Denying goods or services to the consumer.
  2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
  3. Providing a different level or quality of goods or services to the consumer, if the consumer exercises the consumer’s privacy rights.
  4. Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services. However, nothing prohibits us from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.
8.4 The right to delete any personal information
  1. A consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.
  2. A business that receives a verifiable request from a consumer to delete the consumer’s personal information pursuant to subdivision (a) of this section shall delete the consumer’s personal information from its records and direct any service providers to delete the consumer’s personal information from their records.
  3. A business or a service provider shall not be required to comply with a consumer’s request to delete the consumer’s personal information if it is necessary for the business or service provider to maintain the consumer’s personal information in order to:
    1. Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
    2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
    3. Debug to identify and repair errors that impair existing intended functionality.
    4. (Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
    5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
    6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
    7. To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business.
    8. Comply with a legal obligation.
    9. Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

9 Selling and disclosure of personal data to third parties

We have not sold consumers’ personal data in the preceding 12 months.

A list of the categories we have disclosed for a business purpose in the preceding 12 months:

  • A first and last name
  • An email address
  • IP address
  • Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement.
  • Geolocation data

10 Children

Our website is not designed to attract children and it is not our intent to collect personal data from children under the age of consent in their country of residence. We therefore request that children under the age of consent do not submit any personal data to us.

11 Contact details

MobileSmith Inc.
5400 Trinity Road
Suite 208
Raleigh, NC 27607
United States
Website: https://www.mobilesmith.com
Email: privacy@mobilesmith.com
Toll free phone number: 855-516-2413

Phone number: 855-516-2413

Annex

MOBILESMITH PRIVACY POLICY

Introduction

Your privacy is very important to us. We are MobileSmith, Inc. (a Delaware corporation), and we post this Privacy Policy so that you are aware of the information we collect, how it is handled, and with whom it is shared. If you need to contact us, please do so here. The MobileSmith sites are websites (and their associated web pages) under our control on which this Policy is posted. The MobileSmith sites include a variety of information and resources, including information about our products and services, our company, and our events. The MobileSmith sites also include services to facilitate providing you with additional information, or allowing you ways to communicate with us and others. In making it easier for communication, we allow you to register on our websites, and provide various information about yourself. This registration process may allow you to sign-up for newsletters, download information, complete surveys, sign up for webinars, submit resumes for employment with us, share our blogs and postings with others, make comments to our blogs, make investor requests about our company, or allow for us to contact you for follow-up conversations about our services Please note that when you link to other sites from MobileSmith sites, this Privacy Policy does not apply, and we cannot control the activities of those other sites. Who And What Are Not Covered By This Privacy Policy You must be 13 years of age, or older, to visit or use MobileSmith sites in any manner, and if under the age of 18 (or the age of majority as that is defined in your jurisdiction), you must use MobileSmith sites under the supervision of a parent, legal guardian, or other responsible adult. If any of our sites deal with information not specifically mentioned in this Policy, then such information is not covered by this Policy. For example, this Policy does not cover data that we collect offline, through email or on the phone, on businesses or legal entities, on our employees, or through other third-party sites. Please realize that personal information you submit through resumes, or other uploaded or transmitted documents, is also not subject to this Privacy Policy.

Information You Provide To Us

Unless we otherwise described a situation about gathering information from you in this Policy, it will be obvious to you that you are providing information (as we generally seek only to collect personal information that you provide on a voluntary basis). You are allowed to use many features of MobileSmith sites without any ‘registration’ or providing any information, and therefore use such features anonymously. For example, you can watch our video demonstration of the MobileSmith Platform anonymously. Please understand that even when using our sites anonymously, your web browser or client software may transmit certain geographic information, or information regarding your choices while on our websites. For some activities, we may ask you to register or provide information, such as a valid e-mail address, various contact information, and information about you and (if applicable) your company. This information may include even more detailed information (for example, through your use of our survey), but it will be obvious to you that you are providing such information. If you access us through Facebook, Inc.’s website, then Facebook may provide us: your name, email, gender, birthday, current city, and profile picture (collectively “Basic Account Information”). Certain other similar-type websites may also provide similar-type information to us. We may collect, store, and use this type of information in the same manner as information that you provide to us directly. We may use “cookies” (small pieces of data stored for an extended period of time on your computer, mobile phone, or other device) for individual sessions when you visit, in order to facilitate your use of our websites. These “session cookies,” however, cannot be used to determine a visitor’s actions on our web sites, and we do not use ‘third party tracking’ cookies to track your actions on our websites. We do not collect IP addresses of anonymous users.

Information You Provide Others Through Our Sites

We do not post advertisements for others on our websites and therefore you cannot share personally identifiable information through your selecting of advertisements on our sites (as may occur on other websites). Again, however, please remember that when you link to sites (for example, Twitter, Facebook, or LinkedIn) from MobileSmith sites, this Privacy Policy does not apply, and we cannot control the activities of those other sites. We provide areas on our websites where you can post comments, and information about yourself (and others). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on such publicly viewable web pages (such as ours), that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

Situations In Which We Share Your Information With Others

We share your information with third parties if we believe such sharing is permitted by you, reasonably necessary to offer our services, or when legally required to do so. We highly regard your privacy, and will not share your information except as detailed here. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the law requires the response. We may also share information when we have a good faith belief it is necessary to prevent threats against our web services. This may include sharing information with other companies, lawyers, courts, or other government entities. Because of the nature of our websites, such disclosure is not common and is virtually non-existent. If the ownership of all or substantially all of our business changes, we may transfer any information we may have to the new owner so that the service can continue to operate. In such a case, your information would remain subject to the promises made in any pre-existing Privacy Policy.

How We Use Your Information

We use your information to offer our services and features to you, to measure and improve those services and features, in connection with our sales department, and to supply you with customer support. From time to time, we may contact you by using the information you provide with service-related announcements, news about our company, to follow up on our services and information, or to sell you our services. Again, your web browser or client software may transmit certain geographic information, or information regarding your choices while on our websites. We may use this information, and other information that you provide us, to generate aggregate statistics about our user community, and may provide such information to our partners. In addition, we may use such information for site security or system integrity (the prevention of hacking, bots, spiders, etc.). We may monitor use of the products and services on our sites, and use such information for internal business purposes. We reserve the right to offer third party services and products to you based on the preferences that you identify, and such offers may be made by us, or by third parties. As a convenience to you, MobileSmith may provide links on our websites to websites operated by other persons and entities.

Security of Data

MobileSmith makes no representation regarding the security of our websites, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through our sites. If a password is used in registering, when commenting on our blogs, and when providing personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone, you should always log out before leaving our websites to protect access to your information. While we take steps to limit access to your information, please be aware that such steps are not perfect, and we cannot guarantee that the information you share with us could never become publicly available. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.

Other Terms

We reserve the right to modify this Privacy Policy at any time, so please review as appropriate. If we make material changes to this policy, we may notify you here, by means of a notice on our home page, another appropriate location, by other contact methods, or not at all. If you ever remove information from your profile, or modify your postings, copies of that information may still remain accessible through third-party platforms through the use of caches, or other methods, or to us because of the way we backup our systems. International users: Our websites are controlled, operated and administered by MobileSmith and its service provider from offices within the United States of America. MobileSmith makes no representation, except as expressly otherwise provided in writing to you, that materials on our sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. If you access our sites from locations outside of the United States of America, then you are responsible to insure that they comply with all local laws before using them. These Terms of Use are governed by the laws of the state of North Carolina, U.S.A., without regard to conflict of laws provisions, or principles.