Appsee Privacy Policy

Last Revised: February 1, 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.
This Privacy Policy (the “Privacy Policy”) is intended to describe our practices regarding the information we may collect from you when you use the Service (or any part thereof), the manners in which we may use such information, and the options and rights available to you.
Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use Agreement available at https://www.appsee.com/legal/terms (the “Terms”), which this Privacy Policy is incorporated thereto by reference.
 

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 PRIVACY POLICY, INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). 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.
Please note: you are not obligated by law to provide us with any Personal Information. You hereby acknowledge and agree that you are providing us with Personal Information at your own free will, for the purposes described in Section 4 below, and that we may retain such Personal Information in accordance with this Privacy Policy and any applicable laws and regulations.
 
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).
We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance to the Terms and the Privacy Policy.

3. How Do We Collect Information on Our Subscribers?

There 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 is committed to upholding the principles of 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 from Subscribers and End-User in the European Union member countries. Appsee Inc. has certified that it adheres to the Privacy Shield principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, recourse, enforcement and liability, and it complies with the Privacy Shield principles for all onward transfers of personal data from the EU and/or Switzerland, including the onward transfer liability provisions. If there is any conflict between the provisions of this Privacy Policy and the Privacy Shield principles, the Privacy Shield principles shall govern with respect to Personal Information of persons residing in the EU or Switzerland.
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, if we have a good faith belief that the law requires us to do so, with or without notice to you; (b) to enforce this Privacy Policy and/or 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: contact@appsee.com. If for any reason you wish to delete your or any End-User’s Personal Information you can send us an email to contact@appsee.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.

9. Security

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

While providing the Site and/or Service we may be using third party software and/or services, in order to collect, store and/or process the information detailed herein. Such software/services include without limitation, Google Analytics (http://www.google.com/analytics/)  and Amazon Web Services, which privacy policy can be found at: http://aws.amazon.com/privacy/.

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: contact@appsee.com.

12. Payment

Our Services may be purchased using certain online payment methods including PayPal, Avangate and/or BlueSnap (“Online Payment Services”), which enable you to send and receive payments securely online using a credit card or bank account. The Appsee Group is not affiliated with the providers of the Online Payment Services and has no control over, and assumes no responsibly for, the content, privacy policies or practices of the Online Payment Services. You may use the Online Payment Services at your own discretion and in compliance with the terms and policies of the respective Service.  The Online Payment Services are each an independent contractor and  you will be subject to their relevant term : (i) PayPal's terms of use available at  https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_bonus-outside; (ii) the BlueSnap terms of use available at  http://www.bluesnap.com/ecommerce/legal/terms_and_conditions; and/or the Avangate terms of use available at http://www.avangate.com/terms.php

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.

14. Changes to the Privacy Policy

The Appsee Group reserves the right to change this Privacy Policy at any time and its sole discretion, so please re-visit this page frequently. We will provide notice of substantial changes of this Privacy Policy on the Site. Such substantial changes will take effect seven (7) days after such notice was provided on any of the abovementioned methods. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date, and your continued use of the App after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

15. Have any Questions?

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at privacy@appsee.com, and we will make an effort to reply within a reasonable timeframe.
By contacting us, you represent that you are free to do so and that you will not knowingly provide the Appsee Group 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.