MOBICOM PRIVACY POLICY

 Introduction

This privacy policy (“Privacy Policy” or “Policy”) explains the data protection practices of MobiCom America Inc and its subsidiaries and affiliates (collectively, “MobiCom”, “we” and “us”) when you visit or use the websites, mobile-optimized version of our websites, and our digital applications to which this policy is linked, as well as when you visit or use third-party subscription pages and or submit offline subscription forms and requests. Notwithstanding anything herein to the contrary, this Policy does not extend to information submitted on the MobiCom Careers page at https://www.mobicom.com/careers or to employees, former employees, candidates, contractors, service providers, or business contacts of MobiCom. 

If you live in the United States or outside the European Union (EU), your information is controlled by MobiCom America Inc., 6010 West Spring Creek Parkway, Plano, Texas 75024, U.S.A. If you live within the EU, the data controller representative responsible for your information is Stefano Cardoni, Via Litoranea Km 6,900, Localita Pian di Spille, Tarquinia (VT) 01016 Italy.

For the purposes of data protection laws, MobiCom is the data controller.

This Privacy Policy is incorporated into and subject to the services’ Terms of Use. If you do not agree to the Terms of Use and this Privacy Policy, you must discontinue using the services and all components and features therein. By using the services, you acknowledge you have read and understand this Privacy Policy.

The Information We Collect

We obtain information about you through the means discussed below when you use our services. The information we collect and the purposes for which we use it will depend to some extent on the specific services you use and how you interact with MobiCom. For example, we collect the information you provide when you participate in our social networking features, subscribe to newsletters, or other electronic services, or send us an email or feedback. If you elect to post material to any blogs or forums, or participate in our social networking features or other community boards that may be offered on our services, then such materials will be collected and some information, including your posted pseudonym, may be publicly available for others to view. We, or our service providers on our behalf, may collect the following information about you or your use of the services:

Information You Provide to Us:

Registration, Subscription or Contact Information such as e-mail address and name

Customer service information such as questions and other messages you address to us directly through online forms, by email, over the phone, or by post; and summaries or voice recordings of your interactions with customer care

User-generated content such as comments on articles, photos, videos, audio, any information you submit in public forums or message boards, reviews and feedback or testimonials you provide about our services

Research or survey information (including contact information and user generated content) collected if you participate in a survey; includes information needed for you to participate (such as contact information)

Social media information (which may include contact information, photos, location, user generated content, demographic information) if you link your account or access the services through a third-party connection or log-in, we may have access to any information you provide to that social network depending on your privacy settings such as your name, email address, location, and current city; and information you provide to us directly through our pages on social networking and blogging platforms (e.g., Facebook, Instagram, Snapchat, WordPress, and Twitter)

Other information any other information you choose to directly provide to MobiCom in connection with your use of the services

• Comply with any applicable procedures, laws, and regulations, subpoenas, governmental requests or legal process, or in connection with a legal investigation, if in our good faith opinion such is required or permitted by law;
• Establish, exercise, or defend our legal rights (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or other contracts or legal rights)
• Protect or defend our services, users, or others

Aggregate and/or De-Identified Information. 

We may aggregate or anonymized information and/or de-identify any information collected through the services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use this Aggregate/De-Identified Information for any purpose permitted under the law, including without limitation for research and marketing purposes, and disclose such information to third parties, including advertisers, promotional partners, and sponsors in our sole discretionInformation We Collect Automatically:

Device information and identifiers such as IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers

Internet network and device activity data such as information about files you download, domain names, landing pages, browsing activity, content or ads viewed and clicked, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, the URL that referred you to our services, the web sites you visit after this web site; if you share our content to social media platforms; and other web usage activity and data logged by our web servers, whether you open an email and your interaction with email content, access times, error logs, and other similar information. See “Cookies and Other Tracking Technologies” below for more information about how we collect and use this information.

Geolocation information such as city, state and ZIP code associated with your IP address or derived through Wi-Fi triangulation; and precise geolocation information from GPS-based functionality on your mobile devices, with your permission in accordance with your mobile device settings

How We Use the Information We Collect

For our Marketing for example to:

• Send you newsletters, emails, surveys and information about products, services and promotions offered by us.
• Bug detection and error reporting, including to understand and resolve technical issues, and other issues being reported.
• Audit consumer interactions on the services including to measure the placement, frequency, efficacy and compliance of advertising and ad impressions.
• Security, Fraud, and Legal Compliance, including by detecting, protecting against, and prosecuting security incidents, fraud, and illegal activity for example to:
• Monitor prevent, and detect fraud, such as through verifying your identity
• Combat spam or other malware or security risks
• Monitor, enforce, and improve the security of our services

 How We Share the Information Collected

MobiCom may (and you authorize us to) share or disclose information collected from and about you to other companies or individuals as set forth below.

Service Providers. We may provide access to information to vendors that are performing services on our behalf, managing our email lists and sending email messages on our behalf, providing customer support, analytics providers, and performing other administrative services, in order to carry out such services.

Our Affiliates. We may share information we collect within the MobiCom group of companies to deliver products and services to you, ensure a consistent level of service across our services, internal management and administrative purposes on our behalf and enhance our products, services, and your customer experience.

Information You Disclose Publicly. You may submit photographs, user profiles, written material, music, video, photos, comments and other content, which may include information relating to individual users (collectively, “UGC”) on the services. We do not control who will have access to the UGC you choose to make public or how they will use it and take no responsibility for ensuring such UGC remains private or is secure. The UGC is not subject to this Privacy Policy. We are also not responsible for the accuracy, use or misuse of any UGC that you disclose or receive through the services. Please see our Terms of Use for further information about the terms that govern the UGC you post.

Third Parties for Legal Purposes. By using the services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of MobiCom, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

1. Social Networks. As noted above, if you use your login credentials from a social media networking service on a Website, we may receive information from such service in accordance with its terms and privacy policy and your settings. If you elect to share your information with these social networking sites, we will share information with them in accordance with your election. The terms and conditions of these social networking sites will apply to the information we disclose to them.
2. Sales or Transfer of Business or Assets. In connection with a sale, merger, transfer, exchange, or other disposition (whether of assets, stock, or otherwise, including via bankruptcy) of all or a portion of the business conducted by the Website to which this policy applies, in which case the company will possess the information collected by us and will assume the rights and obligations regarding your information as described in this Privacy Policy (the “Acquisition Use”).

Legal Grounds for Using (Processing) Your Information

If you are a visitor from the European Economic Area, our legal basis for collecting and using the information described above will depend on the information concerned and the context in which we collect it. We collect information from you:

• If you have questions about or need further information concerning the legal basis on which we collect and use your information, please contact us using the contact details provided under the “Contact Us” section below.
• If we otherwise have your consent.
• Where the processing is in our legitimate interests (provided that these aren’t overridden by your interests or rights) (such as personalizing our services and marketing for example), or
• Where we need it to perform our contract with you (i.e. our Terms of Service),

Online Analytics 

Delivery of Other Content. In addition to content that we serve you directly, MobiCom may use third party services to serve content when you use our services, as well as on other websites you visit and other applications you use. The content may be based on various factors such as the content of the page you are visiting, your searches, demographic data, user-generated content, and other information. These content may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests. Third parties, whose products or services are accessible or advertised via the services, may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above.

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on the device you use to access the services by such non-affiliated third parties.

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative Opt Out Page, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs.

To learn more about how to manage your preferences regarding our cookie-based advertising, please see the “Cookie Management” section in our Cookie Notice below.

To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Please note that if you exercise the opt out choices above, you will still see advertising when you use the services, but it will not be tailored to you based on your online behavior over time.

Do Not Track. MobiCom does not act on “do not track” requests from your browser because, this way, we are able to personalize your experiences on our services.

Your Rights & Your Choices

Marketing Emails. If you want to stop receiving promotional e-mails from us, click on the “unsubscribe” link in any promotional email from us. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective. We may still communicate with you from time to time if we need to provide you with transaction information about the services you are using, if we need to request information from you with respect to a transaction initiated by you, or for other legitimate non-marketing reasons, for example, if we update this Privacy Policy or our Terms of Service.

SMS Text Communications. You may opt-out of SMS messages from us by following the instructions provided in the message or by texting back STOP to the number we send the text from for that particular SMS message. When we receive an opt-out message from you for SMS messages, we may send a message confirming our receipt of your opt-out.

You have certain rights around the use of your data, including the ability to manage the content and information which we can access when you use MobiCom PrivateClubWorld Software. You can view and change your personal data or which data we can access by signing into your account or by contacting us.

We will respond to your access request within 14 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

To terminate and/or delete your account, or any specific data that we have access to, you can submit your request by contacting us. We will comply your request within 30 (thirty) days and send you a confirmation email. Please note that when you request to delete your account, we delete all your personal information and personally identifiable data, and we are not able to recover your account or data after that.

Please note: Even after your account is deleted, we may retain your data for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce our agreements. We may retain and disclose such data pursuant to this Privacy Policy after your account has been terminated.

Privacy Information for California Residents. If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)). We describe the categories of personal information we collect, the sources and uses of such information and the entities to which we share such information in our California Privacy Notice.

California Data Access & Deletion Rights

If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

1. Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
2. Provide access to and/or a copy of certain personal information we hold about you.
3. Delete certain personal information we have about you.
4. Provide you with information about the financial incentives that we offer to you, if any.

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the services to you.

Verification: We will take reasonable steps to verify your identity before responding to a request, which may include, depending on your request and relationship with you verifying your name, email address, address, and/or having you respond to an email from us.

You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

If you would like further information regarding your legal rights under California law or would like to exercise any of them, please email us at support@mobicom.com.

Please note that MobiCom employees who are seeking further information about their legal rights under California law should instead contact their MobiCom HR representative. 

Notice of Right to Opt Out of Sale of Personal Information

If you would like to opt out of MobiCom’s use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the following page: Do Not Sell My Personal Information. You can also submit a sale opt-out request by emailing us at support@mobicom.com. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally required affirmative authorization.

Please note that MobiCom employees who are seeking further information about their legal rights under California law should instead contact their MobiCom HR representative. 

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your access, deletion or sale opt out rights.

California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. If you would like to opt out of such sharing, please use the sale opt out request noted above. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: MobiCom America Inc, 6010 W Spring Creek Pkwy, Plano, TX 75024, Attn: Privacy Officer. In your request, please specify that you want a “MobiCom California Privacy Rights Notice.” Please allow at least 30 days for a response.

International Users

Some international users of our services have certain legal rights to access certain information we hold about them and to request its deletion. For example, your local laws may permit you to request that we:

1. Provide access to and/or a copy of certain information we have about you;
2. Prevent the processing of your information for direct-marketing purposes;
3. Update information which is out of date or incorrect;
4. Delete certain information which we have about you;
5. Restrict the way that we process and disclose certain of your information;
6. Transfer your information to a third-party provider of services; and
7. Revoke your consent for the processing of your information.

We will consider all requests and provide our response within the time period stated by applicable law. Certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Us” section below at any time.

We are a global business. Personal data may be stored and processed in any country where we have operations or where we request in services to our affiliates. We may transfer Personal Data that we maintain about you to recipients in countries other than the country in which the Personal Data was originally collected, including to the United States. Those countries may have data protection rules that are different from those of your country. However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your Personal Data remains protected to the standards described in this Privacy Policy. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Data.

 General Data Privacy Regulation (GDPR)

The GDPR took effect on May 25, 2018 and is intended to protect the data of European Union (EU) citizens. If the data that you provide to us, in the course of your use of our site, services or products is governed by GDPR, we will abide by the relevant portions of the regulation. To make any requests related to your GDPR rights, please review the section above on Your Rights.

Privacy Information for Nevada Residents

Under Nevada law, Nevada residents who have purchased services from us may opt out of the “sale” of “covered information” (as such terms are defined under Nevada law). “Covered information” includes, among other things, first and last name, address, email address, and phone number. In some circumstances, this sharing may qualify as a sale under Nevada law. If you are a Nevada resident who has purchased goods or services from us, you may submit a request to opt out of such activity by submitting a request to support@mobicom.com. Please note we may take reasonable steps to verify your identity and the authenticity of the request.

Retention of Your Information

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

Cookies and Other Tracking Technologies

We use and allow certain other companies to use certain tracking technologies, including cookies, web beacons, and other similar technologies (collectively, “Cookies”) on the services. To see an explanation what these technologies are and why we use them, as well as your rights to control our use of them please see our cookie notice. We endeavor to adhere to the Digital Advertising Alliance’s (DAA) self-regulatory principles governing interest-based advertising.

Links to Third Party Sites

When you are on the services, you may be directed to other websites that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. If you access a third-party website from the services, you do so at your own risk, and you understand that this Privacy Policy does not apply to your use of such websites.

Security

We implement appropriate administrative, technical and security safeguards to help prevent unauthorized access, use, or disclosure of the information we collect. However, no systems can be completely secure. Therefore, while MobiCom uses reasonable efforts to protect your information, MobiCom cannot guarantee its absolute security, and your use of the services indicates your agreement to assume this risk.

Special Note For Parents

The services are for a general audience and are not designed or intended for use by children, especially those under age thirteen (13) or sixteen (16) in the EU.

Transfer Information to the United States

The services are operated in the United States of America (USA) and are intended for users located in the USA. If you are located outside of the USA, please note that the information you provide to us will be transferred to and processed in the USA, where laws regarding processing of personal data may be less stringent than the laws in your country.

Changes to This Privacy Policy

We reserve the right to change this Privacy Policy at any time without prior notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy.

Disputes; No Rights of Third Parties

If you choose to access the services, any dispute over privacy is subject to our Terms of Use, including limitations on damages, resolution of disputes by binding arbitration, and application of the laws of the United States, and the State of Texas. This Privacy Policy does not create rights enforceable by third parties.

Contact Us: Data Privacy Officer

If you have any questions or concerns about any aspect of this Privacy Policy, please contact our Data Privacy Officer at the address set forth below.

Data Privacy Officer
MobiCom America Inc

6010 W Spring Creek Pkwy,

Plano, TX 75024

Or

support@mobicom.com 

Last revised on July 2023

Appendix A: California Privacy Notice

This Privacy Notice for California residents supplements the MobiCom Privacy Policy.

This Notice applies to website visitors and other customers in California. This Notice does not apply to employees, former employees, candidates, contractors, service providers, or business contacts of MobiCom. This supplemental privacy notice gives California residents additional information about our information collection and use practices required by the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA also provides California residents with specific privacy rights, which are outlined in our Privacy Policy.

This notice provides information about the categories of personal information that we collect from California residents generally, the purposes for which we use the information, the sources of the information, and the categories of third parties to whom we disclose the information for business purposes. More detailed information is available in our Privacy Policy at How We Use Personal Information and How We Share Personal Information.

If you would like to opt out of MobiCom’s use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the following page: Do Not Sell My Personal Information. You can also submit a sale opt-out request by emailing us at support@mobicom.com. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally required affirmative authorization.

Please note that MobiCom employees who are seeking further information about their legal rights under California law should instead contact their MobiCom HR representative. 

Information you provide to us:

Information we collect automatically from you and/or your device: