Privacy Policy

Last updated: December 9, 2016

This Privacy Policy describes how Journey Mobile, Inc. ("Company") and its subsidiaries, authorized resellers and subcontractors (together "JourneyApps") treat the information it collects when a visitor or Customer visits our website (the “Site”) and uses the platform (the “Platform”) and any mobile application and related software (“Mobile Application”), collectively the “Solution”, that JourneyApps offers through our Site and related technology platforms.

Where another written agreement between JourneyApps and a visitor or Customer exists, and the terms of that other agreement conflicts with the terms of this Privacy Policy, the terms of that other agreement shall prevail.

1. Consent

Customers that use our Site and/or Solution consent to our processing of their information as set forth in this Privacy Policy. Your continued use of the Site and/or Solution, or continued interaction with us after we have notified you of a material change in our Privacy Policy in accordance with the Updates provision below, will be deemed an acceptance of these new terms.

2. Website Visitors

Like most website operators, JourneyApps collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. JourneyApps’ purpose in collecting non-personally identifying information is to better understand how JourneyApps’ visitors and Customers use its Site and the Solution. From time to time, JourneyApps may release non­-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Site and the Solution.

JourneyApps also collects potentially personally-identifying information like Internet Protocol (IP) addresses. JourneyApps does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

3. Gathering of Personally­-Identifying Information

Certain visitors to the Site choose to interact with JourneyApps in ways that require JourneyApps to gather personally-identifying information. The amount and type of information that JourneyApps gathers depends on the nature of the interaction. For example, we ask visitors who sign up to use JourneyApps’ Platform and who enroll in a JourneyApps Mobile Application to provide information such as their name, email address, and mobile number. Customers who sign up to use JourneyApps’ Platform and/or a Mobile Application may be asked to provide additional information, including as necessary the personal and financial information, including credit card information, required to create accounts and process payments. In each case, JourneyApps collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with JourneyApps. JourneyApps does not disclose personally-identifying information other than as described below. Visitors can refuse to supply certain personally-identifying information, with the caveat that it may prevent them from using the Platform and/or a Mobile Application.

4. Aggregated Statistics

JourneyApps may collect statistics about the behavior of visitors to the Site and Customers’ use of the Solution. JourneyApps may display this information publicly or provide it to others. However, JourneyApps does not disclose personally-identifying information other than as described below.

5. Disclosure and Protection of Certain Personally-Identifying Information

JourneyApps discloses potentially personally-identifying and personally-identifying information to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on JourneyApps’ behalf or to provide the services available through the Solution, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by visiting the Site and using the Solution, you consent to the transfer of such information to them, subject to any other agreement between you and JourneyApps governing the access, storage and transfer of your information and applicable local data protection and security legislation. Nothing in this Privacy Policy shall be construed as replacing the terms of any such agreement between us, or any provision of any law or regulation applicable to the region in which you or JourneyApps operate.

JourneyApps’ Solution consists of a Platform of services for use by companies, mobile applications and ancillary software. The creator of an account through the Site, or the party to any written agreement with JourneyApps governing the use of the Solution, is defined as JourneyApps’ “Customer” pursuant to JourneyApps’ Acceptable Use Policy located at http://journeyapps.com/acceptable­use­policy. Customers have complete access to all information that users enter using a Customer’s mobile application. JourneyApps has no obligation to maintain or monitor any information entered by a user using a Customer’s mobile application or account unless expressly stated otherwise in a written agreement between a Customer and JourneyApps.

In addition, each Customer may elect, in its sole discretion, to make all information entered by a user freely available to all other users existing under the Customer account or mobile application, or to restrict the availability of such information within the Customer account or mobile application in any manner it sees fit.

Potentially personally identifying and personally-identifying information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other transfer (a “Transfer”) involving JourneyApps. JourneyApps specifically reserves the right to transfer personal information to a third party in connection with a Transfer. Should such a Transfer occur, we will request that the new combined entity follow this Privacy Policy with respect to your personal information, as and to the extent required by applicable law, and to require that you receive prior notice if your personal information could be used contrary to this Policy. Otherwise, JourneyApps will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

Other than to its employees, contractors and affiliated organizations or as described above, JourneyApps discloses potentially personally-identifying and personally-identifying information only when permitted to do so by law, in terms of a written agreement between us, or when JourneyApps believes in good faith that disclosure is reasonably necessary to protect the property or rights of JourneyApps, third parties or the public at large.

If you are a registered user of the Site and/or Solution and have supplied us with your email address, JourneyApps may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what is going on with JourneyApps and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we may ask you for your personal information and other information necessary to answer your question or resolve your problem. JourneyApps takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally-identifying information.

You should also be aware that if you submit information to “chat rooms,” “forums” or “message boards” such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications

6. Security

JourneyApps employs administrative, physical, and electronic measures designed to protect your personal information from unauthorized access, loss, misuse, disclosure, alteration, and destruction.

When we need to transfer information out of our firewall, we use industry­-standard technological means to protect personal information while in transit through the internet. We use encryption and a comprehensive authentication protocol to provide reasonable security. However, please remember that no security system on the internet is perfect.

7. Limitation of liability

We exercise reasonable efforts to safeguard the security and confidentiality of your personal information; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of personal information that occurs through no fault of JourneyApps including, but not limited to, errors in transmission, uses of your data by a third party, your failure to comply with your security obligations, and the unauthorized acts of JourneyApps’ employees.

8. Links to other websites

This Privacy Policy addresses only the use and disclosure of information that we collect from you through the Site and your use of the Solution, through our interaction with you or from interaction with our business partners. Our Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. They follow their own rules regarding the use or disclosure of the personal information you submit to them. We recommend that you to read the privacy policies or statements of these other websites.

9. Our policy towards children and minors

JourneyApps does not collect personally identifiable information from children under the age of 13. If you believe that a child has provided JourneyApps with personally identifiable information without the consent of his or her parent or guardian, please contact us at legal@journeyapps.com. If JourneyApps becomes aware that a child under age 13 has provided us with personally identifiable information, we will delete such information.

10. Disputes

If you have any concerns or claims with respect to our Privacy Policy, please contact us at legal@journeyapps.com. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of personal information.

If the complaint or dispute cannot be resolved through our internal process, or JourneyApps does not adequately respond to your question, please contact the San Jose office of the American Arbitration Association, which will serve as a liaison with JourneyApps to resolve your concerns. If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in San Jose, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.

11. Updates

This Privacy Policy may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Policy on the Site, and will obtain the necessary consents as may be required under applicable law if we seek to collect, use or disclose personal data for purposes other than those for which consent has been obtained.

Except as stated above, all changes will apply to the personal information that has already been collected, and to personal information that is collected after the effective date of the revised Privacy Policy. If any proposed change is unacceptable to you, you will have the right to ask for the deletion of your personal information. You are advised to consult this Privacy Policy regularly for any changes.

12. How to contact us

If you have any questions, comments, concerns, complaints or claims with respect to the Site, the Solution, if your account has been compromised by a hacker or scammer, if another user is abusing, harassing, or stalking you, if you find that certain content displayed on the Site is inappropriate or prohibited by these terms, or if you have any other concern, please contact us by email at legal@journeyapps.com. We will investigate and attempt to resolve the matter.

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