General Terms & Conditions

These General Terms & Conditions are hereby incorporated into and are a material part of the Agreement for Platform & Services. The Agreement for Platform & Services and these General Terms & Conditions are collectively referred to herein as the “Agreement”. In the event of any conflicts or inconsistencies between the terms of the Agreement for Platform & Services and the terms of these General Terms and Conditions, the terms of these General Terms and Conditions shall prevail.

We reserve the right to update, change or replace any part of these General Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following notification of any changes constitutes your acceptance of those changes.

Definitions

The terms “we,” “us,” “our,” “Company” or “Mobilestorm” will refer to Parallax Enterprises, LLC (dba Mobilestorm) and the terms “you,” “your” and “Client” shall refer to the person or entity identified after “Client Name” in the Client Information section on the first page of the attached Agreement for Platform & Services. Mobilestorm and Client may be referred to herein individually as a “Party” and collectively as the “Parties.”

The term “Affiliates” means any entity or person that controls you, is controlled by you, or is under common control with you, such as a subsidiary, parent company, agent, representative or employee.

The term “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either Party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential, proprietary or trade secret given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving Party; (b) was properly known to the receiving Party, without restriction, prior to disclosure by the disclosing Party; (c) was properly disclosed to the receiving Party, without restriction, by another person without violation of the disclosing Party’s rights; or (d) is independently developed by the receiving Party without use of or reference to the Confidential Information of the disclosing Party. For the sake of clarity, the terms of this Agreement shall be deemed Confidential Information.

The term “Customer Content” shall mean content exchanged by means of use of the Mobilestorm Services, such as text, message bodies, voice and video media, images, sound, and other content.

The term “Customer Data” means data and other information made available to us through the use of the Mobilestorm Services under the terms of this Agreement, including, without limitation, Customer Usage Data and Customer Content.

The term “Customer Usage Data” shall mean communications metadata processed by us for the purposes of transmitting, distributing, or exchanging communications that are made available to us through the use of the Mobilestorm Services and include, without limitation, data used to trace and identify the source and destination of a communication, such as individual data subjects’ telephone numbers, data on the location of the device generated in the context of providing the Mobilestorm Services, and the date, time, duration, and type of communication.

The terms “Service” or “Services” means all of the services described in the attached Agreement for Platform & Services, including (a) the platform services, which include the application programming interface for the Services (the “Mobilestorm API”) and any cloud based software provided to you by Mobilestorm in connection with our use of the platform services and programs, features, functions and report formats, and subsequent updates or upgrades of any of the foregoing made generally available by Mobilestorm, and (b) the connectivity services, which include the interconnection capabilities embedded with the Mobilestorm Services that link the Mobilestorm Services to the telecommunications providers’ networks (including fixed-line, cellular, wireless, high-bandwidth, and/or fiber optic cable) via the Internet.

The term “Service Fees” means all of the fees as stated in the Agreement for Platform & Services. All of the Service Fees are non-refundable.

The term “Taxes” means all applicable federal, state and local taxes, fees, charges, carrier surcharges or other similar exactions, including, without limitation, sales and use taxes, communications service taxes, utility user’s taxes or fees, excise taxes, VAT, GST, any other license or business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes, but does not include any taxes that are imposed on or measured by our net income, property tax, or payroll taxes.

1. Your Mobilestorm Account(s)

1.1 License. Mobilestorm grants Client a limited, non-exclusive, non-sublicensable, non-transferable license to create an account for and use the Mobilestorm software application (the “Software”) for Client’s organization in accordance with the terms of this Agreement. Our Privacy Notice (located on our website at http://www.Mobilestorm.com/privacy) is hereby incorporated herein by this reference. By entering into this Agreement, you acknowledge that you have read, understand and agree to be bound by our Privacy Notice, in addition to each of the terms set forth herein. In the event of a conflict between the Privacy Notice and/or the terms of this Agreement, the terms of this Agreement shall control.

1.2 Registration. To use the Mobilestorm Services, you will be asked to create a Mobilestorm account. As part of the account creation process, you’ll be asked to provide your e-mail address, create a password, and verify that you’re a human being by providing a telephone number to which we’ll send you a verification code to enter into a form. Until you register for a Mobilestorm account, your access to the Mobilestorm Services will be limited to what is available to the general public. When registering for a Mobilestorm account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. You may also create sub-accounts within each Mobilestorm account. You must keep all such information true, accurate, current and complete after you create each Mobilestorm account.

1.3 Responsibility for Account Use. You are solely responsible for all use (whether or not authorized) of the Mobilestorm Services under your Mobilestorm account(s) and any subaccount(s), including the quality and integrity of your Customer Data and each Customer Application (as defined below). You are also solely responsible for all acts and omissions of anyone who has access to or otherwise uses any Customer Application. You agree to take all reasonable precautions to prevent unauthorized access to or use of the Mobilestorm Services and will notify us promptly in writing of any unauthorized access or use. We will not be liable for any loss or damage arising from unauthorized use of your Mobilestorm account(s).

1.4 MO Messages. A mobile-terminated (“MT”) message is any SMS message transmitted by Client to an end-user using Mobilestorm’s platform. A mobile-originated (“MO”) message is any SMS message sent by an end-user back to Mobilestorm. For any SMS short-code campaign, Client’s monthly allotted plan includes only MT messages. Each MT message transmitted to an end-user constitutes a separate message regardless of the timing of the transmission or identity of a recipient. Client will not be charged for MO messages.

2. Access and Use of the Mobilestorm Services

2.1 Your Right to Use. You may use the Mobilestorm Services we make available to you on a non-exclusive basis solely in connection with, and as necessary for, your activities pursuant to the terms and conditions of this Agreement. You may use and make the Mobilestorm Services available to your authorized employees users subject to, and strictly in accordance with, any and all written documentation provided to you by Mobilestorm (including, without limitation, the Privacy Notice). You agree that you will not use the Mobilestorm Services to access or allow access to emergency services. You will ensure that we are entitled to use your Customer Data as needed to provide the Mobilestorm Services and agree that you will not use the Mobilestorm Services in any way that violates any applicable laws, rules or regulations.

2.2 Your Obligation to Comply with Applicable Laws. You must familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your Mobilestorm account(s), including, without limitation, the content of the messages and broadcasts transmitted through the Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Services. You acknowledge and understand that the Telephone Consumer Protection Act, the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. Mobilestorm is in no way attempting to interpret any laws, rules, or regulations for you. This information is not intended to replace your sole and exclusive responsibility to familiarize yourself with and abide by all applicable legal requirements pertaining to your messages, broadcasts and campaigns prior to using the Services. You acknowledge and agree that you are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns.

2.3 No Reverse Engineering. You shall not: (1) use or copy Mobilestorm’s platform, network, marks or website or its associated documentation except as provided in this Agreement; (2) modify or merge Mobilestorm’s platform, network, marks or website or its associated documentation; (3) publish, display, disclose, sell, rent, lease, modify, loan, distribute, create or otherwise make available derivative works based on Mobilestorm’s platform, network, marks or website or its associated documentation or any part thereof, in whole or in part, to any other person or entity; (4) remove, alter, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on Mobilestorm’s platform, network, marks or website or its associated documentation; (6) reverse engineer, decompile, translate, adapt, or dissemble Mobilestorm’s platform, network, website or its associated documentation, nor shall you attempt to create the source code from the object code for Mobilestorm’s platform, network, or website or its associated documentation; (7) sublicense or assign the license for Mobilestorm’s platform, network, marks or website or its associated documentation; or (8) copy these terms and conditions of this Agreement for your own use or the use of your customers (provided, that you shall have the right to copy specific sections of this Agreement as a means of complying with such sections in your agreements with independent contractors or your customers).

2.4 Your Responsibility for Messages. You shall be solely responsible for all Customer Content, including, without limitation, the text, files, images, photos, videos, sounds, musical works, works of authorship, links, or any other materials that you submit, transmit or otherwise make available through the Services, and agree that you, and not Mobilestorm, have full responsibility for all Content that you provide, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You shall retain ownership of any copyrights or other intellectual property rights applicable to the Content. You shall not upload, post or otherwise make available through the Service any material protected by patent, copyright, trademark, or any other proprietary right without the express written permission of the owner of such patent, copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Content. You represent and warrant that: (i) you own all Content provided by you through the Service or otherwise have the applicable licenses necessary to use such Content in accordance with the terms of this Agreement, and (ii) the transmission of Content through the Service does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person or entity by reason of any Content provided by you to or through the Service.

2.5 Your Responsibility for Content. When providing Customer Content to or otherwise using the Services, you shall not:

a. send any unsolicited e-mails, instant messages, wireless text messages (SMS), or voice messages that contain any unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;

b. send unsolicited e-mails, instant messages, wireless text messages (SMS), or voice messages to email addresses, phone numbers, or landline phones that are obtained from any purchased or harvested lists in which the recipient did not provide the ‘Express Written Consent” required by the Federal Communications Commission to receive such messages (or your customers’ messages);

c. send e-mails, instant messages, wireless text messages (SMS), or voice messages that harass, embarrass, defame, abuse, threaten, libel, slander or otherwise violate the legal rights of any individual, entity, group, or organization;

d. send e-mails, instant messages, wireless text messages (SMS), or voice messages that contain or link to pornographic or sexually explicit content, racially or ethnically objectionable content, content that directly or indirectly promotes the use of any illegal substance, content that violates laws or regulations designed to protect minors, or other content deemed to be offensive or inappropriate by us in our sole discretion;

e. send e-mails, instant messages, wireless text messages (SMS), or voice messages that contain material that infringes, misappropriates or violates any patent, trademark, trade secret, copyright, rights of privacy or publicity, or any other proprietary rights of any individual, entity, group, or organization;

f. send e-mails, instant messages, wireless text messages (SMS), or voice messages that contain a computer virus or any other code, program or file that could damage, harm, or otherwise disrupt the operation of any computer or storage device, or violate the privacy or security of any individual, entity, group or organization;

g. perform or promote illegal activities or promote physical harm or injury against any individual, entity, group or organization, or promote any act of cruelty to animals;

h. impersonate, use the name of (without express written permission) or misrepresent any individual, entity, group or organization;

i. violate any applicable local, state, federal or international law, statute, order or regulation or perform any activity that would cause us to violate any law, statute, order or regulation;

j. Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging, vulgar, obscene, pornographic, or that promotes, furthers or incites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);

k. Submit any copyrighted or trademarked materials without the express written permission from the owner of such materials;

l. Solicit personal information from anyone under 16 years of age; or

m. Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Services.

The foregoing list of prohibitions provides examples and is not complete or exclusive. We reserve the right, at our discretion, to suspend and/or terminate your access to your Mobilestorm account or your ability to use the Services if you or anyone acting on your behalf violates these prohibitions (as in effect from time to time) and/or our Privacy Notice, effective immediately upon notice to you. In such event, we will provide you a complete and up-to-date backup copy of your mailing list(s).

2.6 Your “Do Not Call” Obligations. Mobilestorm is compliant with the CAN-SPAM laws and enforces such practices for all of its customers. We also work closely with the major anti-spam organizations such as Mail Abuse Prevention System (MAPS), SpamCop, Spamhaus, and Spam Prevention Early Warning System (SPEWS) to ensure that all of our customers are not in violation of spamming policies. You represent, covenant and warrant to us that you shall use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including, but not limited, to policies and laws related to spamming, privacy, obscenity or defamation). In the event you or anyone acting on your behalf uses the Services to conduct telemarketing activities, you further warrant to us that you will take all required actions necessary to comply with applicable state and federal “DO NOT CALL” and telemarketing registration statutes and regulations, and you shall not use the Services in a manner which will result in a violation of any law or regulation respecting any such Services, including, but not limited to, the Federal Telephone Consumer Protection Act and related regulations promulgated by the Federal Communications Commission and the Federal Trade Commission. You shall use us and our Services only for “opt-in” lists (i.e., lists in which the recipient has voluntarily signed up to be on your list and has not requested to be unsubscribed). Any messages sent to users who did not request to be on your list or your customers’ lists, whether purchased or otherwise obtained without the recipients’ consent, shall be deemed as “Spam” and may result in immediate suspension and/or termination of your account without refund and legal action, including the pursuit of damages, against you for violating our “No Spam” policy.

2.7 Your Privacy Policy Obligations. You agree to abide by and display a privacy policy or link to a privacy policy on your signup page. As part of the delivery audit, we will identify changes you can make in your privacy policy to comply with our privacy policy recommendations. Any violation of your final mutually agreed upon privacy policy may result in termination of your account without refund and the commencement of legal action against you. You agree to indemnify and hold us harmless from any damages and claims arising from any violation of this policy.

2.8 Your Responsibility for Your Affiliates. You shall ensure that anyone in your organization or your Affiliates or anyone else acting on your behalf or at your direction who uses the Services (either locally or remotely) does so only for your authorized use and that any such use of the Services complies with all of the terms and conditions of this Agreement. You and your Affiliates that use the Mobilestorm Services will be jointly and severally responsible for the acts and omissions of your Affiliates, including, but not limited to, their breach of any of the terms of this Agreement. Any claim from any of your Affiliates that use the Mobilestorm Services pursuant to this Agreement may only be brought against us by you on your Affiliates’ behalf.

2.9 Global Permanent Removal List. We maintain a Global Permanent Removal List which contains addresses and domains which we will not allow any customer to add to a database. You understand and agree that we have full discretion to block the uploading of any e-mail address which we have placed on such a list, and will not be liable for the blocking of any such address from any customer database. You agree that all email address and SMS lists that you provide to us will not contain email addresses or SMS numbers of any person that has previously opted-out of receiving emails, SMS or other communications from you (or from your previous email marketing service provider).

2.10 Your Responsibility for Subscribe/Unsubscribe Information. You shall include the relevant subscribe/unsubscribe information (as well as a physical address for the CAN SPAM act and an abuse link to our abuse system) provided by us in each message you send using Mobilestorm’s email platforms. You shall also honor in a timely manner (but in no event longer than ten (10) business days) all unsubscribe requests sent directly to you from those who elected not to use our automated subscribe/unsubscribe features.

2.11 Complaints. You acknowledge and understand that e-mails that are sent through Mobilestorm’s Services may generate abuse complaints from recipients. We will make a reasonable effort to share with you the e-mail addresses, instant message handles, or phone numbers of anyone who complains about your campaigns.

3. Product Terms

3.1 Add-Ons. We may make available additional features, functionality, and services (each, an “Add-on”) offered by third-party partners (each, an “Add-on Provider”). If you, at your sole discretion, choose to use an Add-on, then you will be required to accept the Add-on Provider’s terms of service (“Add-on Provider’s Terms”) as part of the Add-on installation process. You acknowledge that, for each Add-on you purchase through Mobilestorm, the Add-on Provider’s Terms constitute a binding agreement between you and the relevant Add-on Provider only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that you are purchasing the license to each Add-on from the relevant Add-on Provider. We are not a party to the license between you and the Add-on Provider with respect to that Add-on and we are not responsible for that Add-on, the content therein, or any claims that you or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that we, and our affiliates, are third party beneficiaries of the agreement between you and the Add-on Provider for each Add-on, and that we and our affiliates have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof. The Add-on Provider’s Terms shall not modify or otherwise supersede this Agreement with respect to the Mobilestorm Services. By purchasing an Add-on, you grant us permission to share Customer Applications and Customer Data with the Add-on Provider as necessary in order to provide you the Add-on. The license granted to you to use any Add-on is personal to you, and is not sublicensable to any third party, unless an Add-on is provided to your recipients through a Customer Application. You may not provide or resell Add-ons to others.

3.2 Short Codes. If you use a short code with us, then: (a) you will not change your short code use case (e.g., a campaign) approved by the telecommunications providers without first working with us to have the new short code use case approved by such telecommunications providers; (b) you will stop sending additional messages to any recipient that replies by texting “STOP” (or the equivalent) to the short code, except for sending a single text message confirming that such recipient has been successfully opted out of the short code; and (c) you will follow all applicable telecommunications provider rules with respect to the use of short codes, including, without limitation, telecommunications provider rules with respect to ensuring that each of your recipients knowingly and explicitly opts in to receive messages from the short code prior to receiving any such messages. You agree that each short code application or request for a short code submitted by you or on your behalf by us (each, a “Short Code Application”) is subject to approval from the applicable telecommunications provider. We have no control over the telecommunications provider approval process for short codes and will bear no liability if a Short Code Application is rejected by a telecommunications provider. Furthermore, if a telecommunications provider rejects a Short Code Application, then we have no obligation to refund any short code-related fees paid by you to us prior to the telecommunications provider’s rejection of the Short Code Application.

4. Customer Data

4.1 Use of Customer Data. You acknowledge that you have read our Privacy Notice and understand that it sets forth how we will collect, store, and use your Customer Data. If you do not agree with our Privacy Notice, then you must stop using the Mobilestorm Services immediately. You hereby instruct us to use and disclose Customer Data as necessary to (a) provide the Mobilestorm Services consistent with the Privacy Notice and this Section 4, including detecting, preventing, and investigating security incidents, fraud, spam, or unlawful use of the Mobilestorm Services; (b) respond to any technical problems or customer queries and ensure the proper working of the Mobilestorm Services; (c) protect ourselves (including the Mobilestorm Services), our other customers, and the public from harm or illegal activities; (d) respond to an emergency which we believe in, good faith, requires us to disclose Customer Data to assist in preventing a death or serious bodily injury; or (e) comply with any applicable law, regulation, legal process or government request. You represent and warrant that you have provided adequate notices and obtained the necessary permissions and consents to provide Customer Data to us for use and disclosure.

4.2 Return and Deletion of Customer Usage Data and Customer Content. Upon termination of this Agreement, we may retain, use, and disclose Customer Usage Data (a) for our accounting, tax, billing, audit, and compliance purposes; (b) to investigate fraud, spam, or unlawful use of the Mobilestorm Services; and/or (c) as required by applicable law, provided that the retention, use, and disclosure of such Customer Usage Data for the foregoing purposes is subject to the confidentiality obligations as otherwise set forth in this Agreement. We will anonymize or otherwise delete Customer Usage Data when we no longer require it for the foregoing purposes. We provide you the ability to obtain a copy of Customer Content via the Mobilestorm Services. During the term of this Agreement, you agree that you are solely responsible for obtaining a copy of and deleting Customer Content via the Mobilestorm Services. Any Customer Content archived on our back-up systems will be securely isolated and protected from any further processing, except as otherwise required by applicable law, and deleted thirty (30) days following your initiating the deletion of Customer Content via the Mobilestorm Services. Upon termination of this Agreement, we will (x) provide you thirty (30) days after the termination effective date to obtain a copy of any stored Customer Content via the Mobilestorm Services; (y) automatically delete any stored Customer Content thirty (30) days after the termination effective date; and (z) automatically delete any stored Customer Content on Mobilestorm’s back-up systems sixty (60) days after the termination effective date. Notwithstanding anything to the contrary in this Section 4.2, we may retain Customer Content or any portion thereof if required by applicable law.

4.3 Obligation to Keep Customer Data Current. Customer hereby acknowledges that Customer Data may become stale over time and that the use of such stale data in any campaign may significantly slow down delivery and/or prevent successful delivery. Accordingly, Customer agrees and covenants that it shall provide only current and clean Customer Data to Mobilestorm and shall not, in any event, provide any Customer Data that is older than twelve (12) months (“Stale Data”). Mobilestorm reserves the right, if necessary (as determined in our sole discretion), to, from time to time, expunge any Stale Data from the Mobilestorm Services. If agreed upon by the Parties and at an additional cost, Mobilestorm may provide you with products and/or services designed to update your Stale Data so that such data may be used in campaigns.

5. Export Controls. The Mobilestorm Services may be subject to applicable U.S. export control laws and economic sanctions regulations. In receiving the Mobilestorm Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to the Mobilestorm Services, and to the extent consistent with this Agreement, to obtain any necessary license or other authorization to export, re-export, or transfer the Mobilestorm Services. These laws include restrictions on destinations, recipients, and end use. Without limitation, you may not transfer the Mobilestorm Services without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List). You represent that you are not on a U.S. government exclusion list or under the control of, or an agent for, any entity on such a list, and you further warrant that you will immediately discontinue use of the Mobilestorm Services if you become placed on any such list or under the control of, or an agent, for any entity placed on such a list.

6. Ownership and Confidentiality

6.1 General. As between you and Mobilestorm, we exclusively own and reserve all right, title and interest in and to the Mobilestorm Services and our Confidential Information. As between you and Mobilestorm, you exclusively own and reserve all right, title and interest in and to your Confidential Information.

6.2 Suggestions and Contributions. We welcome your feedback about the Mobilestorm Services which you can provide any time by emailing your Mobilestorm client services representative. Please know that by submitting suggestions or other feedback about the Mobilestorm Services (“Contributions”) you agree that: (a) we are not under any obligation of confidentiality with respect to your Contributions; (b) we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way; (c) you irrevocably, non-exclusively license to us the right to exploit your Contributions; and (d) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.

6.3 Trade Secrets. You acknowledge that Mobilestorm possesses valuable trade secrets and other proprietary information, and you agree to maintain the confidentiality of all of our trade secrets and other proprietary information.

6.4 Client Data. We agree to maintain as confidential your e-mail, phone number, physical mailing addresses, and instant message handle list(s). We will not compile, buy, sell, rent, rent or trade your e-mail, phone, physical mailing addresses, or instant message handles list(s), or send unauthorized emails, instant messages, wireless text messages (SMS), direct mail, or voice messages to any individual or entity on your list(s). We will not use your Client’s customer list(s) or any other customer information for any other purposes than those intended with the Mobilestorm Services. Your customer information will not be shared with any other third parties unless required by law. Notwithstanding the foregoing or any other provision of this Agreement, you acknowledge and agree that we may use your email address and SMS lists to conduct analysis for your benefit, which may include general, anonymous determinations of location, gender, business affiliations, etc. You hereby grant to Mobilestorm the right to conduct such analytics and to provide you email address and SMS lists to third parties solely for the purpose of conducting such analysis for your benefit. We will provide the results of the analysis to you upon request.

6.5 Confidentiality. Neither Party shall disclose any Confidential Information of the other Party to any third party except as specifically permitted by this Agreement. The receiving Party agrees that it will use the Confidential Information of the disclosing Party solely in accordance with the terms and conditions of this Agreement and it will not disclose such Confidential Information to any third party without the disclosing Party’s prior written consent, except as otherwise permitted hereunder; provided, however, subject to Section 4 above, Mobilestorm may use and disclose your Confidential Information as necessary to provide the Mobilestorm Services. The receiving Party agrees to exercise due care in protecting Confidential Information of the disclosing Party from unauthorized use and disclosure. The receiving Party may disclose the Confidential Information of the disclosing Party, in whole or in part, to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section 6.5. The receiving Party may disclose the Confidential Information of the disclosing Party as required by applicable law provided that, prior to any such compelled disclosure, the receiving Party will, if permissible: (a) promptly notify the disclosing Party in writing to allow the disclosing Party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b) reasonably cooperate with the disclosing Party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. In the event that such protection against disclosure is not obtained, the receiving Party will be entitled to disclose the Confidential Information of the disclosing Party, but only as and to the extent necessary to legally comply with such compelled disclosure.

6.6 Our Property. The Software and any associated documentation are and shall remain the sole and exclusive property of Mobilestorm, and is copyrighted and licensed, not sold. Our databases contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not specifically granted to you herein are expressly reserved by us. You may not remove any material belonging to Mobilestorm from any web site or any of our databases. You shall not use Mobilestorm’s name, logos or any related product and service names, design marks or slogans in any advertising, publicity or any other commercial manner without our prior written consent. All worldwide right, title and interest in and to the Services, and all components thereof, including all intellectual property rights therein, shall be and remain the sole and exclusive property of Mobilestorm or its licensors, as applicable.

6.7 Injunctive Relief. The Parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this Section 6 and that, in the event of an actual or threatened breach of the provisions of this Section 6, the non-breaching Party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each Party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section 6.

7. Fees; Payment Terms; Taxes

7.1 Fees. You agree to timely pay the Service Fees when due. Payment of the Service Fees is due in full upon receipt of an applicable invoice or as otherwise stated in the Agreement for Platform & Services. You acknowledge and agree that the Service Fees are non-refundable. We will also bill you, and you agree to pay us, the applicable messaging usage fee on the 1st of each calendar month. If your plan does not include unlimited messages, then at the end of each calendar month, we will bill you, and you shall pay, the applicable messaging usage fees as set forth on the Agreement for Platform & Services.

7.2 Payment Terms. You shall pay all of the Service Fees within thirty (30) days of the date of the invoice. Unless you and Mobilestorm agree otherwise in writing, all undisputed fees due pursuant to this Agreement are payable in United States dollars. Payment obligations cannot be canceled and fees paid are non-refundable. Subject to Section 7.4 below, if you fail to make any payment within thirty (30) days of the date of the invoice, then we may assess and you must pay a late fee. The late fee will be either 1.5% per month, or the maximum amount allowable by applicable law, whichever is less. We shall have the right to suspend the Mobilestorm Services until you pay the amount you are overdue plus any applicable late fees. You shall be responsible to pay us a fee of $50.00 for any returned checks.

7.3 Suspension or Termination for Non-Payment. If we suspend or terminate the Mobilestorm Services pursuant to this Section 7 (or as a result of your breach of any terms of this Agreement), then we will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur in connection with any such suspension or termination.

7.4 Fee Disputes. You must promptly notify us in writing if you dispute any portion of any fees paid or payable by you pursuant to this Agreement. You must provide that written notice to us within twenty (20) days of the date we invoice you for the charge you want to dispute which specifies with reasonable particularity the basis for your dispute, and we will work together with you to resolve the dispute promptly. All undisputed amounts shall be paid in full when due.

7.5 Taxes. Unless otherwise stated in writing from us, you shall be responsible for and shall pay all Taxes imposed on or with respect to the Mobilestorm Services that are the subject of this Agreement whether such Taxes are imposed directly upon you or upon us. If you are exempt from a Tax, then it is your responsibility to provide the necessary information to us to establish your exemption. If for any reason a taxing jurisdiction determines that you are not exempt from any such exempted Taxes and then assesses us such Taxes, you agree to promptly pay to us such Taxes, plus any applicable interest or penalties assessed.

7.6 Processing of Payments. If you pay the Service Fees via check, Mobilestorm may process payment of that check using Back Office Conversion (BOC), which is a method approved by The National Automated Clearing House Association for converting certain checks to ACH debits. BOC allows retailers and billers that accept checks to convert eligible checks to ACH debits in the back-office. Eligible checks are those that provided by the payor at the point of purchase or manned bill payment location, contain a pre-printed serial number, be for $25,000 or less, be completed and signed by the payer, and must not contain the check serial number (auxiliary On-Us field) at the far left of the MICR line. Checks that do not meet all of the foregoing requirements cannot be converted through BOC. You may opt out of BOC at any time by notifying us in writing of your election to so opt out.

8. Term; Termination; Suspension

8.1 Term. The initial term of this Agreement is set forth on the cover page of on the Agreement for Platform & Services (the “Initial Term”). Unless terminated in writing by either Party at least thirty (30) days prior to the end of the Initial Term, upon the expiration of the Initial Term this Agreement will automatically renew on a month-to-month basis. Thereafter, Client or Mobilestorm may terminate this Agreement without cause upon advance written notice to the other Party, provided that Client will remain liable for payment of Service Fees as follows: (a) if the notice of termination as delivered by either Party is received by the other Party on or before the 7th day of the month, then Client is liable for the Service Fees through the end of such month, and (b) if the notice of termination as delivered by either Party is received by the other Party after the 7th day of the month, then Client is liable for the Service Fees through the end of the following month. By way of example, if the notice of termination is received by Mobilestorm on June 2nd, then Client would remain liable for the Service Fees through June 30th, but if the notice of termination is received by Mobilestorm on June 15th, then Client would remain liable for the Service Fees through July 31st.

8.2 Termination for Cause. Either you or Mobilestorm may terminate this Agreement in the event of a breach of this Agreement by the other Party, (i) if such breach is not capable of cure, immediately upon receipt of written notice by the breaching Party which notice specifies the breach, or (ii) if such breach is capable of cure, within fifteen (15) days following receipt of written notice by the breaching Party which notice specifies the breach, if such breach is not cured in such time period. The foregoing is in addition to any other rights conferred upon either Party as set forth in this Agreement. Additionally, Mobilestorm may terminate your account immediately if: (a) your use of the Services violates applicable law; (b) your account is dormant for a period of sixty (60) consecutive days; (c) the Services are discontinued; or (d) you have an overdue balance for any Services in excess of thirty (30) days. If we terminate your account, you must immediately stop using the Software, Services and associated documentation, including sample documents provided within the Software or Services, and any copies you have made of them.

8.3 Suspension or Termination of Services. In addition to suspension or termination of the Services for non-payment of fees as described in Section 7.3 above, we may also suspend and/or terminate the Services immediately upon notice for cause if: (a) you violate (or give us reason to believe you have violated) this Agreement (including Section 2 above); (b) there is reason to believe the traffic created from your use of the Mobilestorm Services or your use of the Mobilestorm Services is fraudulent or negatively impacting the operating capability of the Mobilestorm Services; (c) we determine, in our sole discretion, that providing the Mobilestorm Services is prohibited by applicable law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the Mobilestorm Services; or (d) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding. If we suspend the Mobilestorm Services, we will make a reasonable attempt to notify you prior to the suspension to the extent we can.

8.4 Our Rights If You Breach this Agreement. You acknowledge and agree that, if you breach this Agreement, in addition to all other rights and remedies provided herein and at law, Mobilestorm shall be entitled to equitable relief to protect its interests, including preliminary and permanent injunctive relief and you further agree to waive any right or claim to which you may be entitled to immunity or exemption from liability. Mobilestorm may also seek damages as a result of any such breach. THE SOFTWARE OR OUR SERVICES MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED UPON TERMINATION OF THIS AGREEMENT. YOU AGREE THAT YOU WILL NOT TAMPER WITH THIS DISABLING DEVICE OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE SOFTWARE OR SERVICES CAN NO LONGER BE USED.

8.5 Unsubscribe Requests; Subscriber Data. After termination of this Agreement, we will provide, upon request, the list of unsubscribe requests from within thirty (30) days of your last email campaign, but will not process said requests. If your account is classified (at our sole discretion) as inactive for over sixty (60) days, we have the right to permanently remove your subscriber data. We will attempt to contact you via email prior to taking any permanent removal actions.

9. Our Representations and Warranties; Warranty Disclaimer

9.1 Limitations of Services. We provide the Services “AS IS” and are only responsible for ensuring that your messages leave the Mobilestorm network. We are not responsible and cannot be responsible for the ultimate delivery of your messages, and we make no such warranty or guarantee. We reserve the right to send, dispatch, remit, transmit and/or forward any type, category or form of communication to you including, but not limited to, e-mails, SMS/text messages and/or telephone calls to address or discuss any issue related to the Services. You acknowledge and agree that the Services contain inherent limitations (e.g., number of messages per hour) and as such the Services are subject to such limitations.

9.2 Use Is at Your Own Risk. The Services, Software and its platforms may have errors and may produce unexpected results. Except as otherwise expressly provided herein, you agree that any use of Mobilestorm’s platforms and Services will be entirely at your own risk. You agree to backup your information and take other appropriate measures to protect programs and data. You may not allow a third party to use your account, and you agree to indemnify and hold Mobilestorm harmless from any damages or claims arising from such use by any third party. You specifically acknowledge and understand that you assume the risk of your messages actually reaching their destination, and that Mobilestorm does not and cannot guarantee the ultimate delivery of your messages.

9.3 WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mobilestorm AND ITS THIRD PARTY LICENSORS MAKE NO WARRANTIES, AND EXPRESSLY DISCLAIM ALL WARRANTIES, OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Mobilestorm AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS OR NEEDS, OR THAT THE SERVICES WILL BE ERROR FREE, OR OPERATE IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED. Mobilestorm DOES NOT WARRANT THAT THE SOFTWARE’S PLATFORM IS COMPATIBLE WITH ANY OTHER PARTICULAR PLATFORM. YOU SPECIFICALLY UNDERSTAND THAT THERE ARE MANY REASONS, OUTSIDE OF THE CONTROL OF Mobilestorm, THAT E-MAILS, INSTANT MESSAGES, TEXT MESSAGES AND PHONE MESSAGES MAY NOT REACH THEIR INTENDED RECIPIENTS, AND UNDERSTAND THAT Mobilestorm CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ULTIMATE ARRIVAL OF YOUR MESSAGES.

9.4 EMERGENCY SERVICES DISCLAIMER. THE Mobilestorm SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER Mobilestorm NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU AGREE TO HOLD Mobilestorm HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE Mobilestorm SERVICES TO CONTACT EMERGENCY SERVICES.

9.5 Location of Our Headquarters. We control and operate our website from our headquarters in the United States of America and the Services may not be appropriate or available for use in other locations. If you access our website or use the Services outside the United States of America, you are responsible for complying with applicable local laws.

10. Limitation on Liability

10.1 Claims of Infringement. If you receive a claim that the use of the Services infringes a patent, copyright or other intellectual property right without regard to the Content you have supplied, you must promptly notify us in writing. Mobilestorm, at its own expense and option, may (i) defend and settle such claim, (ii) procure for you the right to use the platform, (iii) modify or replace the platform to avoid infringement; or (iv) refund the Service Fees you have paid, if applicable. The foregoing are your sole and exclusive remedies for any and all claims you may have against Mobilestorm arising out of or in connection with the use of Mobilestorm platform or the Services, whether based in contract, tort or principles of equity.

10.2 NO LIABILITY FOR CONSEQUENTIAL OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Mobilestorm OR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF Mobilestorm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Mobilestorm OR ITS LICENSOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), EXCEED THE AMOUNT YOU HAVE PAID UNDER THIS AGREEMENT FOR THE SERVICES.

11. Indemnification

11.1 Our Indemnification of You. Mobilestorm hereby agrees to, indemnify and hold Client harmless against any damages, settlement awards, costs and expenses (including, without limitation, reasonable attorneys’ fees) awarded against or otherwise incurred by Client, arising out of or resulting from any third party claim, action or demand (collectively, a “Claim”) alleging that the Services, as provided by Company, when used in compliance with the terms of this Agreement, infringe or misappropriate any patent, copyright or trade secret of a third party under United States law. Notwithstanding the foregoing, Company will have no obligation hereunder for any Claim that arises out of or results from any use by Client of the Services (x) in combination with materials, products and/or services not supplied by Company, where the Claim would not have arisen but for the combination of the Services with the Content supplied by Client or such third party materials, products and/or services, or (y) not in compliance with the terms of this Agreement, where the Claim would not have arisen but for the unauthorized use. Upon notice of a Claim or if, in Company’s opinion, such a Claim is likely, Company shall have the right, at its option, to: (1) modify the Services so that they are functionally equivalent and non-infringing or (2) obtain a license for Client to continue using the Services. The foregoing obligations are contingent upon Client’s: (1) giving prompt written notice to Company of any alleged Claim, (2) allowing Company to control the defense and related settlement negotiations and (3) fully assisting in the defense, so long as Company agrees to pay Client’s out-of-pocket expenses.

11.2 Your Indemnification of Us. Client agrees to indemnify, defend and hold harmless Mobilestorm and its affiliates and each of their respective officers, directors, shareholders, managers, members, employees, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and reasonable attorneys’ fees, including attorneys’ fees incurred from counsel selected by Company) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) Client’s breach of the agreements, covenants and warranties contained in this Agreement; or (ii) any use by Client, or an account or computer owned by Client, of the Services. Client agrees to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action. Client acknowledges and agrees to be held liable for any and all damages caused to Mobilestorm by Client resulting in a violation of local, state, national or international laws and regulations, including, but not limited to, those damages that may arise from Client’s fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by Mobilestorm to Client. Client further agrees that Client’s obligation to indemnify, defend and hold Mobilestorm harmless, as outlined above, will continue regardless of the termination or expiration of our Services or this Agreement.

12. Relationship pf the Parties.

12.1 Independent Contractors. You and Mobilestorm are independent contractors in the performance of each and every part of this Agreement. Nothing in this Agreement is intended to create or shall be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. Each of us shall be solely responsible for all of our respective employees and agents and our respective labor costs and expenses arising in connection with our respective employees and agents. You and Mobilestorm will also be solely responsible for any and all claims, liabilities or damages or debts of any type that may arise on account of each of our respective activities, or those of each of our respective employees or agents, in the performance of this Agreement. Neither you nor Mobilestorm has the authority to commit the other in any way and will not attempt to do so or imply that it has the right to do so.

12.2 Non-Solicitation. During the term of this Agreement and for a period of twelve (12) months thereafter, neither Party shall, directly or indirectly, (i) induce or attempt to induce any employee or contractor of the other Party to leave the employ or contracting relationship with such other Party, or in any way interfere with the relationship between such other Party and any employee or contractor thereof, or (ii) induce or attempt to induce any customer, supplier or other business relation of the other Party to cease doing business with such other Party or in any way interfere with the relationship between any such customer, supplier or other business relation and such other Party.

13. Dispute Resolution. All disputes arising under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah, without regard to principles of conflict of laws. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be commenced in a federal or state court located in the County of Salt Lake, Utah, and each party hereto (i) irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding, and (ii) irrevocably waives (to the extent permitted by applicable law) any objection which it now or hereafter may have to the laying of venue of any such action or proceeding brought in any of the foregoing courts in and of the State of Utah, and any objection on the ground that any such action or proceeding in any such court has been brought in an inconvenient forum.

In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, such reasonable fees and expenses of attorneys, accountants, and collections agents, which shall include, without limitation, all fees, costs and expenses of appeals. In addition to and notwithstanding the preceding sentence, you agree to pay to Mobilestorm all costs of enforcing Mobilestorm’s rights, and collecting amounts owed to it, under this agreement whether such attempts at enforcement or collection be made by suit, in bankruptcy, or otherwise.

14. For Customers That Reside in the European Union

14.1 GDPR Compliance. Mobilestorm is subject to the European Union’s General Data Protection Regulation (the “GDPR”) when it is a “controller” or “processor” of “personal data” from an individual “data subject” located in the European Union, as those terms are defined in the GDPR. All applicable requirements of the GDPR are incorporated by reference as material terms of this Agreement. Each of the Parties represents and warrants that (1) it is aware of and understands its compliance obligations as a “processor” under GDPR; (2) it has adopted a GDPR compliance policy/program; (3) it will process “personal data” only in accordance with the Client’s instructions; and (4) with regard to its obligations under this Agreement, it shall comply with all applicable requirements of the GDPR.

14.2 EU Data Protection Addendum. For customers using the Mobilestorm System to process personal data from the European Economic Area (EEA), Switzerland, or the United Kingdom, if Mobilestorm will be processing personal data from the EEA, Switzerland, or the United Kingdom on your behalf, and you wish to execute a Data Protection Addendum (“DPA”) with Mobilestorm, as required by the GDPR, then you may do so by submitting a written request to Mobilestorm. Upon receipt of your request, we will send you a DPA ready for execution.

15. General Provisions

15.1 Compliance with Laws. You and Mobilestorm each agree to comply with all applicable laws relating to our respective activities pursuant to the terms of this Agreement.

15.2 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

15.3 Assignment. This Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by either you without our express prior written consent. Notwithstanding the foregoing, either Party may, without such prior written consent, assign this Agreement in connection with a merger or consolidation (or other similar transaction) or the sale of all or substantially all of its assets; provided, further, that any permitted assignee will assume all obligations of its assignor under this Agreement and no assignment will relieve either Party of the responsibility for the performance of any obligation that such Party has hereunder.

15.4 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed delivered to the receiving Party upon personal delivery, transmission via electronic mail, or one business day following deposit with a nationally recognized carrier for overnight delivery to the address listed on the Agreement for Platform & Services.

15.5 Force Majeure. No failure, delay or default in performance of any obligation of a Party shall constitute an event of default or breach of this Agreement to the extent that such failure to perform, delay or default arises out of a cause that is beyond the control of such Party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood; terrorist act; war; riot; theft; earthquake; pandemic; and other natural disaster; provided, that (i) the Party experiencing the force majeure event shall take all reasonable actions to minimize the consequences of any such event; and (ii) in the event of a force majeure event that lasts longer than thirty (30) days, the Party not experiencing the force majeure event may terminate this Agreement upon written notice to the other Party.

15.6 Construction. Section headings are included in this Agreement merely for convenience of reference; they are not to be considered part of this Agreement or used in the interpretation of this Agreement. When used in this Agreement, “including” means “including without limitation.”

15.7 Waiver. Any waiver of any term and condition hereof must be in writing and signed by the Party against whom it is sought to be asserted. A Party’s failure in any case or circumstance to require performance of the other Party’s obligations or to enforce its rights in the event of a breach by the other Party shall not affect such Party’s right to enforce such rights and obligations in any other case or circumstance. A waiver of any individual term or condition shall not be construed as a waiver of any other term or condition nor, unless so provided in such written waiver, shall the waiver of any term or condition be deemed a waiver of any future or continuing breach by the other Party.

15.8 Entire Agreement. This Agreement and the documents incorporated by reference herein is the final, complete, and exclusive agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the Parties. Last updated 10-14-2021

Categories of information. Mobilestorm processes three broad types of information: (1) Customer Account Data; (2) End User Usage Data; and (3) Customer Content. “Customer Account Data” is the personal information of a customer or potential customer of Mobilestorm. “End User Usage Data” is the personal information of end users who interact with an application that has been built on or which interacts with Mobilestorm’s platform (such as communications metadata). “Customer Content” includes materials used to communicate with end users as well as information communicated to us by our clients or their patrons.

Changes to this Privacy Notice. If we make a change to this Privacy Notice, we will make previous versions available upon request so that you can see when changes occurred and what they are. If we make any material changes to this Privacy Notice, we will notify you by means of a notice on this site or by an email (sent to the e-mail address specified in your account) prior to the change becoming effective. Where we are required by applicable data protection laws, we will also seek your consent to any material changes that affect how we use your personal information. We encourage you to periodically review this page for the latest information on our privacy practices.

What information does Mobilestorm collect through its websites, services and/or products?
Information you provide to us voluntarily. In general, you can visit Mobilestorm’s websites without telling us who you are and without giving any directly identifying personal information about yourself. There are times, however, when we (or others working for us) may need information from you. You may choose to give us personal information in a variety of situations. For example, you may fill out information in a web form, or we may collect personal information about you when you place an order with Mobilestorm or access an application, such as your name, address, email address, phone number, payment card information, information used to personalize a Mobilestorm product or software experience, date of birth and other information you choose to provide. Mobilestorm uses this information to facilitate order processing and to enable us to contact you if a problem arises with your order. Additionally, if you purchase a product requiring service, your personal information may be used to obtain a credit report, if necessary. Please note that if you do not provide us with personal information where required, we may not be able to provide you with the products or services you have requested.

We may ask you for and collect personal information at other times, including when you subscribe to receive Mobilestorm marketing communications or newsletters, when you complete surveys, or when you interact with Mobilestorm at a trade show, conference or similar event. You may also share personal information with a member of our Sales Team or Customer Support Team when you communicate with them. We use the information you provide to help us design and improve our website and our products, to customize your online experience, to provide advice and purchase recommendations, and for other purposes consistent with this Privacy Notice.

Mobilestorm also conducts research on our users’ demographics (e.g., age, gender), interests, and behavior based on the information provided to us when making a purchase, during a promotion, from surveys and from our server log files. We do this to better understand and serve you. This research is compiled and analyzed on an aggregated basis so as to prevent identification of personal information relating to any one individual. Mobilestorm may share this aggregated data with our suppliers or developers.

Finally, we may also ask for your personal information when you express an interest in employment opportunities at Mobilestorm by submitting an application through our websites. The information we collect from you will be made apparent at the time you are submitting your application, and we will use this information only to evaluate your employment candidacy.

Information we collect automatically. Our web server logs collect the domain names and certain related data of visitors to our websites automatically (such as their IP address or device identifier). This information does not identify our visitors directly, and is used to measure number of visits, average time spent on a Mobilestorm website, pages viewed and website usage information. We use this information to meet legal or regulatory requirements, to measure the use of our sites; to improve the content of our sites, and to provide tailored advertisements. This information is not used in a form that would enable direct identification of any of our visitors.

When you sign up for an account with Mobilestorm, we will automatically assign you and your account(s) unique IDs called SIDs and we’ll automatically generate an API token for each of your accounts. These are used like a username and password to make API requests. Instead of using these API tokens, you can request API keys and use your API key for authentication when making requests to our APIs. We keep a record of these credentials so we know it is you making the requests when your application makes requests to our API using these credentials.

In addition, when you use our account portal or access our websites, we collect your IP address and other data through tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how customers are using our platform, who those customers are (if they are a company and the IP address is associated with that company), what country they are logging in from (for analytics and export control purposes), and to help improve the navigation experience. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies you may not be able to use some portions of our service.

Mobilestorm uses “cookies” and “web beacons” to collect data. A cookie is a small text file containing a random and unique identifier that either Mobilestorm or its third party web analytics provider on behalf of Mobilestorm transfers to your computer’s hard drive through your web browser (unless you set your browser to reject cookies) that enables Mobilestorm or its third party web analytics provider’s system to recognize your browser. Mobilestorm uses cookies to track your movement through its website and verify the login status of a client using products or services linked directly within the Mobilestorm website. Cookies are also used to track point of entry to point of registration for those users participating in our affiliate signup programs or to track and measure the success of a particular marketing campaign. Neither Mobilestorm nor its third party web analytics providers store any personally identifiable information in cookies.

Web beacons (also known as clear gifs) are typically a transparent graphic image (usually 1 pixel by 1 pixel) that is placed on a site and used by Mobilestorm and its third party web analytics providers in combination with cookies to help us understand how you interact with the Mobilestorm website. We use web beacons to measure visitor behavior, to help us improve visitor experience, and to manage site content.

Information we collect from other sources. From time to time, we may supplement information you give us via a Mobilestorm website or application with information from other sources, such as information validating your address or other available information about businesses. We may also collect information about you from publicly available sources. This is to help us maintain the accuracy of the information we collect and to help us provide a better service.

Information from Mobilestorm clients. If you are a client of Mobilestorm (or work on behalf of a Mobilestorm client), through our secure web interface we also collect your username and password, and any other information that you provide to us on behalf of the client that you are representing pursuant to a license or other agreement between the applicable client and Mobilestorm (the “Client Agreement”). You should refer to that Client Agreement in addition to this Privacy Notice with regard to your use of the Mobilestorm website and Mobilestorm’s privacy obligations.

What other information does Mobilestorm collect and how do we use it?
Mobilestorm collects information about you and your use of our products and services to keep our products working their best and to help you make the most of them. In certain circumstances, if you do not provide us with personal information where required, we may not be able to provide you with the products you have requested.

Broadly speaking, Mobilestorm uses Customer Account Data, End User Usage Data and Customer Content to further our legitimate interests to: understand who our customers and potential customers are and their interests in Mobilestorm’s products and services; manage our relationships with you and other customers; carry out core business operations (such as accounting and filing taxes); and detect, prevent or investigate security incidents, fraud and other abuse and/or misuse of our products and services.

Creating an account or user profile. When you sign up for a Mobilestorm account and use our products and services, we may gather personal information about you (also known as Customer Account Data). We may ask you to provide additional information, such as your name, email address, language and region, IP address, and activation data about your operating system. This information lets us give certain of our products, as well as third-party services enabled on our products, the information they need to function, to troubleshoot problems you may have, to suggest ways to make your products work better, to provide you with news, updates and information about your products, and, if you choose to receive marketing communications, to provide you with news and information about additional products in which you may be interested.

Payment processor. You may be asked to provide our payment processor with your payment method information, like a credit card or Paypal account, and/or your billing address and other information necessary to process payments. Our payment processor, acting on our behalf, will share you billing address and other pertinent information with Mobilestorm. You billing address and personal information may also be used by Mobilestorm for tax calculation and audit purposes.

How does Mobilestorm use and share the information it collects?
We may share your personal information with contracted suppliers who are providing services to us or to our customers to whom we provide services. In some cases, Mobilestorm uses suppliers to collect, use, analyze, and otherwise process information on its behalf. It is Mobilestorm’s practice to require such suppliers to handle information in a manner consistent with our policies. Mobilestorm does not share, sell, rent or trade your identifiable personal information with third parties for their promotional purposes.

When you make a request or an order. If you request or order something from a Mobilestorm website, such as a product or service, a callback, or specific marketing materials, we will use the information you provide to fulfill your request. To help us do this, we may share information with others, for instance, service providers, vendors, suppliers, financial institutions, shipping companies, or postal or government authorities involved in the fulfillment of your request. In connection with a transaction, we may also contact you as part of our customer satisfaction surveys or for market research purposes. You may opt out of surveys and/or other market research communications by contacting us as at privacy@Mobilestorm.com.

Mobilestorm account data and product registration. When you create a Mobilestorm account or register your Mobilestorm product, we will collect information, including personal information, about you and your device(s). In addition to your ID, we may ask you to provide your name, email address, language and region/country, device type/model, and IP address.

Marketing.

The information you provide to us may also be used by Mobilestorm and selected suppliers or partners for marketing purposes, such as when you subscribe to receive marketing communications, newsletters, or other promotional materials. Before this information is collected we may offer you the opportunity to choose whether or not to have your information used in this way. You may choose to stop receiving our marketing communications by following the unsubscribe instructions included in those communications, accessing the marketing preferences in your account settings page, or you can contact Customer Support. Please note that even if you opt out of promotional communications, we may still send you non-promotional messages relating to things like updates to our General Terms and Conditions or this Privacy Notice, security alerts, and other notices relating to your access to or use of our products and services.

Testimonials.

Mobilestorm may sometimes display product reviews, testimonials and other endorsements of satisfied customers on our site. With your consent, we may post your comments along with your name. If you want to update or delete your comments, you can contact us at privacy@Mobilestorm.com.

Blog disclosure.

If you use a bulletin board, blog, or chat room on our website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

Service quality monitoring.

Certain activities may also involve you calling Mobilestorm or our Customer Service or other providers calling you. Please note that, in some cases, we may record and retain such calls for staff training and quality assurance purposes. If you do not wish the call to be recorded, please notify the call taker.

Business partner relationships.

If you represent a Mobilestorm business partner (i.e., a distributor or reseller of Mobilestorm products), you may visit a Mobilestorm website intended specifically for Mobilestorm business partners. We may use personal information provided on that site to administer and develop our business relationship with you, and the company you represent. For instance, this may involve using your information to send you details of Mobilestorm business partner programs. It may also include sharing certain information with other business partners (subject to any confidentiality obligations that may exist), or Mobilestorm customers or prospects. In connection with a particular transaction or program, we may also contact you as part of customer satisfaction surveys or for market research purposes.

Supplier administration.

If you represent a Mobilestorm supplier, you may visit a Mobilestorm website intended specifically for use by Mobilestorm suppliers. We may use the information provided on that site in connection with entering into or performing a transaction with you. For example, this may include sharing information with other parts of Mobilestorm, Mobilestorm’s business partners, customers, shipping companies, financial institutions, or postal or government authorities involved in fulfillment of a transaction. It may also be used to administer and develop our relationship with you, the supplier you represent and/or other Mobilestorm suppliers generally.

Disclosures required by law.

In certain circumstances, it is possible that personal information may be subject to judicial or other government subpoenas, warrants, or orders. Therefore, when we believe in good faith that the law requires it, we may disclose personal or other information to regulatory or government bodies, courts of law, tribunals, and law enforcement bodies to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Social media features and widgets.

Some of our websites may include social media features and links, such as a social bar with icons that link to the Mobilestorm presence on that specific site (e.g., the Mobilestorm page on Facebook, the Mobilestorm feed on Twitter). These features may collect your IP address and information on which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by another company or are hosted directly on our site. Your interactions with these features are governed by the privacy policy of the company providing it.

Links to other websites.

Our website may include links to other websites that are not owned or controlled by Mobilestorm. Please be aware that Mobilestorm is not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Notice applies only to information collected by the website(s) owned and operated by Mobilestorm.

Mergers and acquisitions.

Circumstances may arise when, whether for strategic or other business reasons, Mobilestorm could decide to sell, buy, merge, or otherwise reorganize businesses in some countries. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers.

Other sources.

In addition to the above, there may circumstances which require us to disclose your personal information to parties in addition to those listed above, including, but not limited to, legal advisers or debt collection agencies.

Does Mobilestorm transfer my personal information internationally?
Where permitted by law, we may share your personal information within Mobilestorm or our suppliers and business partners and may transfer it to other countries where we do business. Regardless of where your information is transferred to and resides, our privacy and security practices are designed to provide protection for your personal information globally. Where your personal information is transferred outside its country of origin, we ensure security measures and appropriate safeguards are put in place to protect your personal information and ensure that all transfers of your personal information comply with applicable data protection law, and are carried out in accordance with Mobilestorm’s instructions.

Please note that some countries have privacy laws that are not equivalent to privacy laws in your own country. In such countries, Mobilestorm will still handle information in the manner we describe here and will take such measures as are necessary to comply with applicable data protection laws when transferring and processing your information. Where required, Mobilestorm will also maintain agreements with partners or suppliers to govern the transferring, processing and protection of personal information.

If you are from the European Economic Area (EEA), the legal basis for collecting and using the personal information descried in this Privacy Notice depends on the personal data we collect and the specific context in which we collect it.

If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including personal data, to the United States and process it there. Your consent to this Privacy Notice followed by your submission of such information represents your agreement to that transfer.

How long does Mobilestorm store Customer Account Data, End User Usage Data and Customer Content?
Customer Account Data.

Mobilestorm will store your Customer Account Data as long as needed to provide you with our services and to operate our business. If you ask Mobilestorm to delete specific personal information from your Customer Account Data, we will honor this request unless deleting that information prevents us from carrying out necessary business functions, like billing for our services, calculating taxes, or conducting required audits.

Here is an overview of how long we hold on to Customer Account Data in a form that can be used to identify you, unless there is a specific need or obligation to retain your information longer (like in the case of an open investigation, audit or other legal matter):

Customer Account Data stored in our customer relationship management system(s) is generally stored up to 7 years following closure of your account. Invoice records, including their digital equivalent, may be retained in identifying form by Mobilestorm for longer periods for accounting, tax, and audit purposes depending on and in accordance with applicable tax law.
Your communications with Mobilestorm’s Customer Support teams may be retained for up to 3 years after your account is closed.
Apart from the above, following closure of your account, we may either delete other Customer Account Data or transform it such that it can no longer be used to identify you.
You can make various choices about your Customer Account Data through the account portal, such as accessing it, correcting it, deleting it, or updating your choices about how it is used, when you log into your Mobilestorm account or through the marketing preferences center. Any other requests about your data that you cannot make through these self-service tools, you can request by emailing privacy@Mobilestorm.com or contacting Customer Support at support@Mobilestorm.com.

If you are an end user of an application built on Mobilestorm’s platform and not a direct customer of Mobilestorm, you should direct requests relating to your personal information to the relevant application provider in accordance with the application provider’s own privacy policy.

End User Usage Data.

We use End User Usage Data to provide services to you and to carry out necessary functions of our business as a communications service provider. We do not sell your end users’ personal information and we do not share your end users’ information with third parties for those third parties’ own business interests.

The particular end user personal information Mobilestorm processes when you, our customer, use our products and services and the reason Mobilestorm processes it depends on how you use our products and services and which Mobilestorm products and services you use. For that reason, our API docs for each of our products and services are the best place to find information about our processing of personal information when you use that Mobilestorm product and service.

In many cases, you can opt to store records of your communications, or other activities, on Mobilestorm, which may include your end users’ personal information. You may also have the option to use additional features or tools within Mobilestorm’s products or services that allow you to do things such as analyze the records, including end user personal information, in your Mobilestorm account. In those cases, Mobilestorm will process this information to provide you with the service you request.

In addition, records containing end user personal information may, from time to time, also be used in debugging or troubleshooting or in connection with investigations of security incidents, as well as for the purposes of detecting and preventing spam or fraudulent activity, and detecting and preventing network exploits and abuse.

Details regarding how long your end user personal information may be stored on Mobilestorm systems and how to delete, access, or exercise other choices about end user data will depend on which Mobilestorm products and services you are using and how you are using them. For that reason, our API docs for each of our products and services are the best place to find more detailed information about managing end user data collected and stored in connection with your use of our products and services.

As a Mobilestorm customer, if the Mobilestorm product or service you use enables you to store records of your usage on Mobilestorm, including personal information contained within those records, and you choose to do so, then Mobilestorm will retain these records for as long you instruct. In some cases, use of extended storage may cost more. If you later instruct us to delete those records, we will do so. Please note it may take up to 30 days for the data to be completely removed from all systems. In some cases, a copy of those records, including the personal information contained in them, may nonetheless be retained to carry out necessary functions like billing, invoice reconciliation, troubleshooting, and detecting, preventing, and investigating spam, fraudulent activity, and network exploits and abuse. Sometimes legal matters arise that also require us to preserve records, including those containing personal information. These matters include litigation, law enforcement requests, or government investigations. If we have to do this, we will delete the impacted records once we are no longer legally obligated to retain them. We may, however, retain End User Usage Data that has been transformed such that your end user cannot be identified.

When and why does Mobilestorm share my personal information or end users’ personal information?
We do not sell or allow your Customer Account Data to be used by third parties for their own marketing purposes, unless you ask us to do this or give us your consent to do so. We do not sell your end users’ personal information (whether contained in End User Usage Data or Customer Content), and we do not share it with third parties for their own marketing or other purposes, unless you instruct us to do so.

Below are the different scenarios under which we may share your data with third-parties.

Telephony operators as necessary for proper routing and connectivity. Mobilestorm provides an easier way for developers to build applications that make use of the publicly switched telephone network (PSTN) to send communications. Therefore, communications-related data is shared with and received from telephony operators as necessary to route and connect those communications from the sender to the intended recipient. How those telephony operators handle this data is generally determined by those operators’ own policies and local regulations.
Other communications service providers for proper routing and connectivity. Mobilestorm also enables sending or receiving communications through communications service providers that do not use the PSTN, such as Viber and Facebook Messenger (referred to as Over-the-Top (OTT) communications service providers). If you choose to use Mobilestorm to send or receive communications by way of these providers, Mobilestorm will share communications data with these providers as necessary to route and connect those communications from the sender to the intended recipient. How those OTT communications service providers handle this data is determined by their own policies.
Third-party service providers or consultants. Mobilestorm engages certain third-party service providers to carry out certain data processing functions on our behalf. These providers are limited to accessing or using this data solely to provide services to us and must provide reasonable assurances that they will appropriately safeguard the data.
Sub-processors. We may share Customer Content with sub-processors who assist in providing the Mobilestorm services, like our infrastructure provider, or as necessary to provide optional functionality like transcriptions.
Add-on partners. Add-ons are additional features, functionality or services offered by Mobilestorm’s add-on partners (third parties not affiliated with Mobilestorm). Some add-ons may need to access or collect some of your information, including personal information. If you choose to use an add-on, Mobilestorm will share your information with the applicable add-on partner so that you can use the add-on. Mobilestorm does not control any of its add-on partner’s use of your information and their use of your information will be in accordance with their own policies. If you do not want your information to be shared with an add-on partner, then you should not use any add-on.
Compliance with legal obligations. We may disclose your or your end users’ personal information to a third party if (i) we reasonably believe that disclosure is compelled by applicable law, regulation, legal process or a government request (including to meet national security or law enforcement requirements), (ii) to enforce our agreements and policies, (iii) to protect the security or integrity of our services and products, (iv) to protect ourselves, our other customers, or the public from harm or illegal activities, or (v) to respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury. If Mobilestorm is required by law to disclose any personal information of you or your end users, we will notify you of the disclosure requirement, unless prohibited by law.
Affiliates. We may share your personal information or your end users’ personal information with our affiliate companies. We and our affiliates will only use the information as described in this Privacy Notice.
Business transfers. If we go through a corporate sale, merger, reorganization, dissolution or similar event, data that we gather from you may be part of the assets transferred or shared in connection with the due diligence for any such transaction. Any acquirer or successor of Mobilestorm may continue to process data consistent with this notice.
Aggregated or de-identified data. We may share data with third parties if such data has been de-identified or aggregated in a way so that it cannot be used to identify you or your end users.
How is my information protected?
Mobilestorm’s website uses security measures to help protect against the loss, misuse, and alteration of the information under our control. We store the information in two redundant databases in two secure environments at different locations with our data hosting service provider.

Mobilestorm takes care to reinforce the importance of our web site visitors’ security and privacy. Mobilestorm requires unique usernames and passwords that must be entered each time a user logs on to Mobilestorm’s client interface. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of all data. Because our business involves hosting application accounts, data security is paramount. We’re constantly reevaluating and deploying new technologies to enhance our security.

We use standard technical and organizational measures when we transmit information, when we store data, and when we share it with third parties. For example, we use encryption when transmitting sensitive information to keep your information secure. When sharing your information with third parties, we take reasonable and appropriate steps that such third parties will protect your information and use it responsibly. We also take measures to ensure that our service providers that process personal data on our behalf have appropriate security controls in place.

Our products may also include security features designed to help you protect the information you store on your Mobilestorm product(s). These may include solutions like encryption, passwords, PIN unlock, and remote control over your product(s) so that you can locate, lock, and erase lost or stolen products.

To protect the confidentiality of your account and protect against unauthorized use of your account, we recommend enabling two-factor authentication for your account. Additionally, you must keep your account password and authentication token confidential and not disclose them publicly or to unauthorized individuals; this includes accidentally distributing them in a binary form or checking them into source control. Please let us know right away if you think your password or authentication token has been compromised or misused.

Similarly, if you are provided an API key, you should keep it secret and store your API key and Account SID in a secure location. Please let us know right away if you think your API key or Account SID has been compromised or misused.

Please remember that no product, software, or data transmission can be guaranteed to be 100% secure. As a result, while we have taken appropriate steps to protect your product(s) and your information, Mobilestorm cannot ensure or otherwise warrant the security of your products or any information you provide to us. By using Mobilestorm products, you do so at your own risk.

How does Mobilestorm protect my child’s privacy?
Mobilestorm products are intended for adults and children aged 16 and over, or equivalent minimum age in the relevant jurisdiction, who have permission from their parents or legal guardians to use them. Mobilestorm does not seek to collect information about children under the age of 16. No information should be provided on Mobilestorm products or services by users under the age of 16.

If Mobilestorm learns that a child under the age of 16, or equivalent minimum age in the relevant jurisdiction, has submitted personal information via its products or services, we will take appropriate steps to delete the information as soon as possible and will not use it for any purpose. Mobilestorm encourages parents to take an active role in their children’s use of Mobilestorm’s products and/or services and to inform them of the potential dangers of providing information about themselves. If you believe that a person who is underage has signed up for a Mobilestorm account, please contact us at privacy@Mobilestorm.com.

What are my data protection rights?
Applicable data protection laws may give you the right to control our use and processing of your personal information. These may include the right (i) to request access to and a copy of your personal information, (ii) to request rectification or erasure of your personal information, (iii) to object to processing of your personal information, (iv) to restrict processing of your personal information, and (v) to data portability. Where we are using your personal information with your consent, you also have the right to withdraw your consent at any time, though this will not affect our uses of your personal information prior to the withdrawal of your consent.

To exercise any of your rights, please contact us at privacy@Mobilestorm.com. We will consider and act upon any such requests in accordance with applicable data protection laws, and we may ask you to verify your identity in order to help us respond efficiently to your request.

You also have the right to raise questions or complaints with your applicable national data protection authority at any time.

Transfers of personal information out of the EEA and Switzerland.
When you use our account portal, or our other products and services, personal information about you and/or your end users processed by Mobilestorm may be transferred to the United States, where our primary processing facilities are located, and possibly to other countries where we or our service providers operate. These transfers will often be made in connection with routing your communications in the most efficient way.

Mobilestorm employs appropriate safeguards for cross-border transfers of personal data, as required by applicable local law. To the extent it is applicable, Mobilestorm complies with the EU-U.S. Privacy Shield Framework and the Swiss-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 and Switzerland to the United States, respectively.

What are my rights under the General Data Protection Regulation (GDPR)?
If you are a resident of the European Union (EU) or European Economic Area (EEA), you have certain data protection rights, and our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. Mobilestorm will take reasonable steps to allow you to correct, amend, delete or limit the use of your personal information.

We will normally collect personal information from you only where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person such as in the case where we request personal information from you in the context of a government audit or in response to a request from law enforcement.

If you wish to be informed about what personal data we hold about you and if you want it to be removed from our systems, please contact us at privacy@Mobilestorm.com.

In certain circumstances, you have the following data protection rights:
The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal data directly within your account settings section. If you are unable to perform these actions yourself, please contact us at privacy@Mobilestorm.com to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your personal data.

The right of restriction. You have the right to request that we restrict the processing of your personal data.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You have the right to withdraw your consent at any time where Mobilestorm relied on your consent to process your personal information. Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your personal data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

You may submit a Subject Access Request and Mobilestorm will provide you the following information without charge: what personal information pertaining to a user is being processed; why the information is being processed; who has access to the personal information about the user; how the personal information is being used in automated decisions; and what processes are using the information. Please consider your request responsibly before submitting it. We will respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to process, we will let you know.

Further information and advice about your rights can be obtained from the data protection regulator in your country of residence within the EU.

What types of sensitive information does Mobilestorm not process?
Unless otherwise required by applicable law, Mobilestorm does not process information regarding race or ethnicity, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, health or mortality data, or data regarding sexual orientation.

How can I verify my information?
You may check your information to verify, update or correct it, and may have obsolete information removed. If you have created an account with Mobilestorm, you can access and change your online account profile yourself. You can also ask to review any of the information that we have obtained, how we have used it, and to whom we have disclosed it at any time by contacting us as noted below. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You may also ask us to change your preferences regarding how we use or disclose your information, or let us know that you do not wish to receive any further communication from us.

What is Mobilestorm’s policy on do not track signals?
We do not support “do not track” signals. “Do not track” is a preference that you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “do not track” by vising the preferences or settings page of your web browser.

Automated decision making.
Mobilestorm may use automated decision making using a variety of signals derived from account activity to help identify and suspend accounts sending spam or engaged in other abusive or fraudulent activity. Holders of accounts suspended under these circumstances are notified of the suspension and given an opportunity to request human review of the suspension decision.

How does Mobilestorm handle disputes relating to its data protection practices?
It is Mobilestorm’s desire to resolve any disputes relating to our data protection practices between us. You can raise your concern or dispute by emailing our Privacy Team at privacy@Mobilestorm.com, by calling us at (435) 659-9656, or by writing to us at:

Mobilestorm
300 N. Sagewood Drive, Suite H-263
Park City, UT 84098

For individuals in the EEA, you have additional rights to make a complaint to a competent data protection authority or commence proceedings in a court of competent jurisdiction in accordance with applicable data protection laws.

California residents.
In addition to the rights outlined above, where the California Consumer Privacy Act or related data protection laws apply, you may:

Request to know the categories of personal information we collect about you, as well as the sources from which the personal information is collected; the business or commercial purpose of our collection; the categories of third parties with whom we share your personal information; and the specific pieces of personal information we hold about you.

Request certain information regarding, and/or opt-out of, our disclosure of your personal information to third parties.

Request that we delete the personal information we hold about you in certain limited circumstances.

To exercise any of your rights, please send an email to privacy@Mobilestorm.com.

If you are a California resident, to the extent that we sell your personal information to third parties, you have the right to opt out of such sale. For example, you have the right to opt out if we receive valuable consideration for the disclosure of your personal information to a third party. However, you do not have the right to opt out if such disclosure is required to provide you with services that you purchased from us. You can exercise your right to opt out at any time by contacting us at privacy@Mobilestorm.com or (866) 300-0311. If you are using an authorized agent, please note that you will be required to verify your identity and provide written confirmation that you have authorized the agent to make a request on your behalf.

Changes to our Privacy Notice
We may change this Privacy Notice and/or our privacy policies from time to time. If we make any such changes, we will revise the “Effective Date” at the top of this Privacy Notice, and we may provide additional notice such as on the Mobilestorm website homepage, account portal sign-in page, or via the email address we have on file for you. We will comply with applicable law with respect to any changes we make to this notice and seek your consent to any material changes if required by applicable law.

Use of Mobilestorm websites
Your access to and use of Mobilestorm.com and/or any of our platforms or applications is subject to this Privacy Notice and certain other terms and conditions contained in our General Terms and Conditions.