Last Revised: March 12, 2018
Shift 6 Ltd., together with its affiliates including Appsee Inc., a Delaware corporation (the “Appsee Group”, “we”, “our” or “us”) respects the privacy of the visitors and subscribers of its Services and/or its website (the “Subscriber” or “you”) and is fully committed to protect the personal information that Subscribers share with it in connection with the use of the Site and/or Service.
1. Your Consent (PLEASE READ CAREFULLY!)
BY ACCESSING AND/OR USING THE SERVICE AND/OR THE SITE AND/OR BY OPENING
AN ACCOUNT AND/OR BY INSTALLING APPSEE SDK, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS
IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, PLEASE DO NOT INSTALL, ACCESS, OR USE THE SERVICE AND/OR THE
SITE IN ANY MANNER WHATSOEVER, AND PROMPTLY ERASE, REMOVE AND UNINSTALL THE SERVICES (INCLUDING THE APPSEE SDK)
AND ANY PART THEREOF FROM YOUR SYSTEMS.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our US-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
2. Which information we may collect on our Subscribers?
We may collect two types of data and information from our Subscribers:
(i) Non-personal Information, which is un-identified and non-identifiable information, without particular reference to the identity of the Subscriber from which such information was collected; and
(ii) Personal Information, which is individually identifiable information that identifies an individual, or may with reasonable effort identify an individual, either alone or in combination with other information, or may be of private or sensitive nature.
For the avoidance of doubt, any Non-personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.
Personal and Non-personal Information which is being gathered in connection with the site and/or service may consist of the following:
- Subscribers who are interested in opening an Account in order to use our Services should provide details via the registration form of the Site (namely, name, address, e-mail address, company, the name of its Application, phone number). In addition, we may collect Personal Information in order to charge the Subscriber for our Services. This information may include billing information (see Section 11 below regarding the payment method).
3. How Do We Collect Information on Our Subscribers?
are two main methods we use to collect information:
a. We collect Non-personal Information through your use of the Site and/or Service. In other words, when you are using the Site and/or Service we are aware of it and may gather, collect and record certain information relating to such usage.
b. We collect Personal Information which you provide us voluntarily when you register to our Site and open an Account by completing the registration form. We store the Personal Information either independently or through the help of our authorized third-party service providers as detailed below.
4. What are the Purposes of the Collection of Information?
We collect Non-personal and Personal Information in order to provide, operate and improve the Site and Services, including for statistical and research purposes; to enable us to further develop, customize and improve the Site and/or Service based on Subscribers’ common preferences, uses, attributes and anonymized data; to create and provide our research and business partners and affiliates with anonymized data and other aggregated, statistical and/or inferred Non-personal Information; to enable us to provide our Subscribers with a better user experience, with more relevant and accurate information, services, features and functionalities, and with technical assistance and support; and in order to abide by any applicable law.
5. Where Do We Store Your Information?
Our Subscribers' Personal Information, and/or their
End-Users' Personal Information (if any is collected and maintained by us, on our Subscribers' behalf)
may be maintained, processed and stored by the Appsee Group in the United States of America, in the EU,
in Israel, and in other jurisdictions as strictly necessary for the proper delivery of the Appsee Group's services.
Shift 6 Ltd. is based in a jurisdiction which is currently considered by the European Commission to be offering an adequate level of protection for the personal information of EU Member State residents. Appsee Group's affiliates and service providers that store or process any Personal Information on Appsee Group's behalf are each committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction(s).
EU-US & Swiss-US Privacy Shield Disclosure:
The Appsee Group complies with the EU-US and Swiss-US Privacy Shield Frameworks, as set forth by the US Department of Commerce
regarding the collection, use, and retention of Personal Information of Subscribers and End-User transferred from
the European Union and Switzerland to the United States. Appsee Inc. has certified to the US Department of Commerce that it adheres to the Privacy Shield principles.
If there is any conflict between
We are committed to attempt to resolve privacy complaints under the EU-US & Swiss-US Privacy Shield principles. If you have an unresolved Privacy Shield-related complaint that was not addressed satisfactorily, please contact our US-based third party dispute resolution provider, free of charge, at https://feedback-form.truste.com/watchdog/request. The Federal Trade Commission (FTC) has jurisdiction over Appsee, Inc.’s compliance with the Privacy Shield. Under certain conditions, you may invoke binding arbitration when other dispute resolution procedures have been exhausted. To learn more about the Privacy Shield Framework, please visit https://www.privacyshield.gov.
6. Sharing Information with Third Parties
The Appsee Group will not share any Personal Information it
collects with any third party, except in the following cases: (a) to satisfy any applicable law, regulation,
legal process, subpoena, search warrant, court order or governmental request, including to meet national security or law enforcement requirements, if we have a good faith belief
the TOU, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address
fraud, security or technical issues; (d) to respond to Subscriber's support requests; (e) respond to claims that
any content available on the Site violates the rights of third-parties; (f) to respond to claims that contact information
(e.g. name, e-mail address, etc.) of a third-party had been posted or transmitted without their consent or as a form of
harassment; (g) to protect the rights, property, or personal safety of the Appsee Group, its Subscribers, or the general
public; (h) when any member of the Appsee Group is undergoing any change in control, including by means of merger,
acquisition or purchase of all or substantially all of its assets; (i) to collect, hold and/or manage your
Personal Information through its authorized third party service providers (for example, its hosting service provider,
or authorized resellers), as reasonable for business purposes, which may be located in countries outside Israel,
including but not limited to the United States of America, and/or any country that does not have the same data
protection laws as your jurisdiction; (j) to enable payment through certain online payment method
(see Section 11 below); or (k) pursuant to your explicit approval prior to the disclosure.
For avoidance of doubt, the Appsee Group may transfer and disclose to third parties or otherwise use Non-personal Information at its own discretion.
7. Privacy of End-User Data
As part of the operation of our Service you may provide us with data about your End-User’s use
of your mobile application (the “End-User Data”), such as:
(a) Non-personal Information regarding the End-Users: which consists of technical information and aggregated usage information, and may contain, among other things: (i) the End- User’s type and version of operation system; (ii) the End User’s usage length; (iii) the End-User’s phone model; (iv) the End-User’s country; (v) screens the End-User visited in the your mobile application; (vi) the End-Users touch gestures performed in your mobile application; (vii) the End-User’s scrolling activity; (viii) the End-User’s test; and (viv) any other actions the End-User performed during his/her use of your mobile application.
(b) Personal Information regarding the End-User: as detailed in our Terms of Service, you are prohibited from providing us any Personal Information with respect to Your End-Users.
Our Services and the Appsee SDK will not collect the End-User's IP address, nor any information about other programs that the End-Users are running on their mobile phone/computer. The Appsee SDK does not track the End-User's activity across applications that do not use the Services, and will not collect any passwords entered into the End-User's mobile phone/computer. We will use the End-User Data only for the following purposes: (1) to store and process End-User Data for the preparation and delivery of our Services, including compiled analytics Reports; (2) for use on an anonymous basis, in the aggregate, to perform “application uses” analysis and statistical reports, inter alia, to operate and improve our Services; and (3) for the purposes which are specified in Section 4, mutatis mutandis. We reserve the right to retain the End-User Data we process on your behalf for as long as we are providing you with the Services and for a reasonable time thereafter, according to the data retention plan that the Subscriber has purchased or a longer period as legally required. As further detailed herein and in the Terms, we have no direct relationship with the individual End-Users. Therefore, an End-User who seeks to correct, amend, delete inaccurate End-User Data or withdraw consent for further use of its End-User Data should direct its query to the applicable Subscriber he/she deals with directly. If the Subscriber requests us to remove such data we will do that, per section 8 below.
8. Access, Modification, Deletion and Retention of Personal Information
If for any reason you wish to access and/or modify your Personal
Information you can do so yourself on the Site or send us an email to: firstname.lastname@example.org. If for any
reason you wish to delete your or any End-User’s Personal Information you can send us an email to
email@example.com, or mail your request to the Appsee Group, 54 W. 40th St., New York, NY 10018, and we will
respond within a reasonable timeframe and in accordance with any applicable law.
Note that unless you instruct us otherwise we may retain your Personal Information for a period of 12 months or a longer period as reasonably needed to provide you with the Service and/or as legally required.
We take a great care in implementing and maintaining the security of the Site, the Service and the Subscriber’s Personal Information. The Personal Information is hosted on Amazon Web Services, SalesForce EU and Google's G Suite, which provide advanced security features. The Appsee Group employs industry standard procedures to ensure the safety of its Subscribers’ Personal Information, and prevent unauthorized use of any such information. However, we do not and cannot guarantee that unauthorized access will never occur.
10. Third Party Software/Service
11. Direct Marketing
You hereby agree that the Appsee Group and its authorized resellers may use your contact details for the purpose of informing you of products and services offered by us and to send you newsletters. You may withdraw your consent via sending a written notice to the Appsee Group by email to the following address: firstname.lastname@example.org.
13. Cookies and Local Storage
When you access or use the Site and/or Service, we may use industry-wide technologies such as
“cookies” and Flash (or similar technologies), which stores certain information on your computer
(“Local Storage”) and will enable automatic activation of certain features, and make your experience
more convenient and effortless. It is easy to prohibit the Local Storage. Most browsers will allow you to
erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookie is
stored. In order to erase or disable the Local Storage option in Flash you should use the settings option of Flash
according to the specific instructions provided by the technology provider. Note that if you block or erase
cookies, or change the settings of Flash, your online experience may be limited.
We may also use certain third-party cookies. These are a different kind of cookies, stored on your computer by third parties, rather than by the Appsee Group. This kind of cookie is only read (and not altered by the Site) each time you visit the Site, and also when you visit certain websites or applications that use similar cookies. Third-party cookies usually store only Non-personal Information, such as the web pages you have visited, the duration of your browsing, etc.
15. Have any Questions?
If you have any questions (or comments)
to reply within a reasonable timeframe.
VeraSafe has been appointed as the Appsee Group's representative in the European Union for data protection matters, pursuant to Article 27 of the General Data Protection Regulation of the European Union. VeraSafe can be contacted in addition to emailing email@example.com, however only on matters related to the processing of personal data of EU residents. To make such an inquiry, please contact VeraSafe using this contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative. By contacting us or Verasafe, you represent that you are free to do so and that you will not knowingly provide the Appsee Group or Verasafe with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to the Appsee Group, and we may use or refrain from using any such information at our sole discretion.