MobiLifestyle

MobiLifestyle
Privacy and Security Policies




Policy on the Collection, Use and Disclosure of Personal Information

November 4, 2014

MobiLifestyle includes its licensors, affiliates, subsidiaries, online websites “voiceonthego.com”, "mobilifestyle.com", other designated web sites or IP addresses and/or reseller websites collectively referred to in this Agreement as "MobiLifestyle".

TERMS OF USE

BY CLICKING THE "I ACCEPT" BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE MOBILIFESTYLE APPLICATIONS, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SOFTWARE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY.

  1. Privacy, Security and Disclosure

    By clicking "I Accept" You are confirming Your understanding of the privacy and security policies. MobiLifestyle reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.

  2. License Grant and Restrictions

    MobiLifestyle hereby grants You a limited, non-exclusive, non-transferable, single-user worldwide right to use the Software, solely for Your own purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to You are reserved by MobiLifestyle and its licensors.

    You may not use the Software if You are a competitor of MobiLifestyle, except with MobiLifestyle's prior written consent. In addition, You may not access the Software for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

    You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software or the Content in any way; (ii) modify or make derivative works based upon the Software or the Content; (iii) create Internet "links" to the Software or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Software, or (c) copy any ideas, features, functions or graphics of the Software. User licenses cannot be shared or used by more than one individual and one mobile device.

    You may use the Software only for Your internal purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including but not limited to material harmful to children or in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software or the data contained therein; (v) attempt to gain unauthorized access to the Software or its related systems or networks; (vi) submit any form of automated or recorded queries unless expressly authorized by MobiLifestyle in writing or (vii) perform any other form of high volume usage beyond reasonable personal use.

    MobiLifestyle reserves the right to refuse service, terminate accounts, and/or cancel the license at its discretion, for any reason whatsoever including, without limitation, if MobiLifestyle believes that Your conduct violates any agreement with MobiLifestyle or its affiliates and Licensors, violates any applicable law or may be harmful to the interests of MobiLifestyle, the Website, its affiliates and Licensors or others.

  3. Your Responsibilities

    YOUR WIRELESS CARRIER COSTS

    When you use the Software normal wireless carrier charges may be incurred, including but not limited to voice calling charges, text message charges, data charges and roaming charges. You are solely responsible for these charges.

    MOBILIFESTYLE STRONGLY ADVOCATES HANDS-FREE USE OF THE TEXTING & DRIVING SERVICES.

    You are responsible for all activity occurring under Your User account(s) and shall abide by all applicable local, state or provincial, national and foreign laws, treaties and regulations in connection with Your use of the Software, including but not limited to those related to safe and proper operation of a moving vehicle, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify MobiLifestyle immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to MobiLifestyle immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by You; (iii) not impersonate another MobiLifestyle User or provide false identity information to gain access to or use the Software; (iv) have the right and authority to enter into this Agreement, and comply with Your obligations under this Agreement; and (v) cooperate with MobiLifestyle and provide information requested to assist MobiLifestyle in investigating or determining whether there has been a breach of this Agreement and provide access to all devices on which the MobiLifestyle services were used.

  4. Account Information and Data

    MobiLifestyle does not own any data, information or material that You submit to the Software in the course of using the Software ("Customer Data"). You, not MobiLifestyle, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness or right to use of all Customer Data, and MobiLifestyle shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. By entering into this Agreement and using the Software, You consent to the collection and processing of Customer Data that You are requested to provide during the registration and installation process. By transmitting any message, communication, information or data including but not limited to location information, emergency alerts, responses, photos, You grant MobiLifestyle and its affiliates an irrevocable license to collect, use, store, handle, reproduce, display, perform, and transmit such Customer Data for the purpose of providing the Software. All of this Customer Data will be collected and handled by MobiLifestyle pursuant to the terms of the privacy and security policies. MobiLifestyle reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Your non-payment. Upon termination for cause, Your right to access or use Customer Data immediately ceases, and MobiLifestyle shall have no obligation to maintain or forward any Customer Data.

  5. Speech Recognition

    MOBILIFESTYLE APPLICATIONS USE A VARIETY OF TRANSCRIPTION METHODS INCLUDING AUTOMATED CONVERSION, MANUAL TRANSCRIPTION AND HYBRID PROCESSES DEPENDING ON THE ACCURACY LEVEL ACHIEVED IN THE TRANSCRIPTION PROCESS. YOU MAY CHOOSE UNDER PERSONAL SETTINGS NOT TO HAVE YOUR MESSAGES SENT TO HUMAN TRANSCRIPTIONISTS. MOBILIFESTYLE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE VOICE-TO-TEXT TRANSLATION OF MESSAGES IS 100% ACCURATE. YOU ACKNOWLEDGE AND AGREE THAT VOICE-TO-TEXT TRANSLATION IS INHERENTLY IMPERFECT AND AS A RESULT, MESSAGES MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS AND MAY CONTAIN CONTENT THAT COULD BE BELIEVED TO BE OFFENSIVE OR OBSCENE OR WHICH IS INCORRECT OR CONFUSING. MOBILIFESTYLE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONTENT SENT OR PROVIDED AS A RESULT OF THE SOFTWARE AND SERVICES.

  6. Intellectual Property Ownership

    MobiLifestyle alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the MobiLifestyle Technology, the Content and the Software and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Software. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Software, the MobiLifestyle Technology or the Intellectual Property Rights owned by MobiLifestyle or its licensors. The MobiLifestyle name, the MobiLifestyle logo, and the product names associated with the Software are trademarks of MobiLifestyle or third parties, and no right or license is granted to use them. The MobiLifestyle Software is protected by U.S., Canadian and international trademark, copyright and patent laws and international copyright treaties, as well as other intellectual property laws and treaties. There are penalties both civil and criminal for intellectual property infringement.

  7. Confidentiality

    You acknowledge and agree that the Software was developed at considerable time and expense by MobiLifestyle (and its licensors, where applicable) and is confidential to and contains trade secrets of MobiLifestyle. You agree not to disclose or provide access to the Software to any person except to those individuals with a need for access to exercise the license rights conferred hereby. You do not have the right to obtain or use any source code applicable to the Software, and may not translate, reverse engineer, decompile or disassemble any Software applicable to the Software, or otherwise attempt to derive the source code of such Software and agree not to authorize, allow or enable any other person to do so.

  8. Term

    This Agreement and Your license to use the Software commence upon the Effective Date or Your acceptance of this Agreement by accessing, installing, downloading or otherwise using any Software and will continue so long as You remain in compliance with the terms and conditions of this Agreement, and is effective until the termination of this Agreement, as set out herein.

  9. Billing and Renewal

    Unless otherwise specified by written agreement, MobiLifestyle charges and collects in advance for use of the Software. MobiLifestyle will automatically renew and bill You or issue an invoice to You (a) every month for monthly licenses, (b) every quarter for quarterly licenses, (c) each year on the subsequent anniversary for annual licenses, or (d) as otherwise mutually agreed upon. The renewal charge will be equal to the license fee in effect during the prior term, unless MobiLifestyle has given You at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. MobiLifestyle fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. No refunds will be given after 10 (ten) days from the invoice date.

    You agree to provide MobiLifestyle with complete and accurate billing and contact information. This information includes but is not limited to Your name, address, e-mail address and telephone number. You agree to update this information within 30 days of any change to it. If the contact information You have provided is false or fraudulent, MobiLifestyle reserves the right to terminate Your access to the Software in addition to any other legal remedies.

    If You believe Your bill is incorrect, You must contact us in writing within 10 days of the invoice date to be eligible to receive an adjustment or credit.

  10. Non-Payment and Suspension

    In addition to any other rights granted to MobiLifestyle herein, MobiLifestyle reserves the right to suspend or terminate this Agreement and Your access to the Service, if Your account becomes delinquent. Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If You or MobiLifestyle initiates termination of this Agreement, You will be obligated to pay the balance due on Your account computed in accordance with the Charges and Payment of Fees section above. You agree that MobiLifestyle may charge such unpaid fees to Your credit card or otherwise bill You for such unpaid fees.

    You agree and acknowledge that MobiLifestyle has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if Your account is 30 days or more delinquent.

  11. Termination upon Expiration

    This Agreement commences on the Effective Date. The Initial Term will be as You elect during the online subscription process or as otherwise mutually agreed upon, commencing on the date You agree to pay for the Service by completing the online subscription form or otherwise. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at MobiLifestyle's then current fees. Either party may terminate this Agreement, effective only upon the expiration of the then current License Term, by notifying the other party in writing at least five (5) business days prior to the date of the invoice for the following term. In the case of free trials, any notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination.

  12. Termination for Cause

    Any breach of Your payment obligations or unauthorized use of the MobiLifestyle Technology or Software will be deemed a material breach of this Agreement. MobiLifestyle, in its sole discretion, may terminate with or without notice Your password, account or use of the Software if You breach or otherwise fail to comply with this Agreement. You agree and acknowledge that MobiLifestyle has no obligation to retain the Customer Data, and may delete such Customer Data, if You have materially breached this Agreement , and such breach has not been cured within 30 days of notice of such breach.

  13. Representations and Warranties

    Each party represents and warrants that it has the legal power and authority to enter into this Agreement. MobiLifestyle represents and warrants that it will provide the Software in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that You have not falsely identified Yourself nor provided any false information to gain access to the Software and that Your billing information is correct.

  14. INDEMNITY

    YOU AGREE TO INDEMNIFY AND HOLD MobiLifestyle AND ITS LICENSOR(S) HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, COST, EXPENSE OR DAMAGE (INCLUDING REASONABLE LEGAL FEES) ARISING DIRECTLY OR INDIRECTLY OUT OF ANY CLAIM, ACTION OR JUDGMENT BROUGHT AGAINST MobiLifestyle AND ITS LICENSOR(S) OR ITS AFFILIATES RELATED TO ANY ACT OR OMISSION BY YOU, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR COVENANTS MADE BY YOU, ANY FAILURE BY YOU TO COMPLY WITH ANY OF THE TERMS OF THIS LICENSE AGREEMENT, OR VIOLATION BY YOU OF ANY PROVINCIAL, STATE, FEDERAL OR INTERNATIONAL LAWS OR REGULATIONS OR ANY THIRD PARTY RIGHTS

  15. DISCLAIMER OF WARRANTIES

    MOBILIFESTYLE AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE OR ANY CONTENT. MOBILIFESTYLE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED (INCLUDING BUT NOT LIMITED TO USER INTERRUPTION), ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SOFTWARE OR THE SERVER(S) THAT MAKE THE SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SOFTWARE MUST NOT BE USED FOR PRIMARY AID AND IS NOT TO BE USED FOR SAFETY PURPOSES. LOCATION DATA PROVIDED BY THE SOFTWARE AND/OR THIRD PARTY SERVICES IS FOR BASIC NAVIGATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE LOCATION INFORMATION IS NEEDED OR WHERE INACCURATE, WRONG OR INCOMPLETE LOCATION DATA MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR ENVIRONMENTAL DAMAGE. THE SOFTWARE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AVAILABLE" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY MOBILIFESTYLE AND ITS LICENSORS.

  16. Telecommunication Services

    MOBILIFESTYLE IS NOT RESPONSIBLE FOR PROVIDING YOU WITH CONNECTIVITY TO THE INTERNET, WIRELESS ACCESS, OR ANY OTHER TELECOMMUNICATIONS SERVICES NECESSARY FOR YOU OR YOUR CARRIER TO RECEIVE OR INTERACT WITH THE SOFTWARE.

  17. INTERNET DELAYS

    MOBILIFESTYLE'S SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, VOICE AND ELECTRONIC COMMUNICATIONS. MOBILIFESTYLE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

  18. LIMITATION OF LIABILITY

    IN NO EVENT SHALL MOBILIFESTYLE'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU FOR THE LICENSE TO USE THE SOFTWARE. IN NO EVENT SHALL MOBILIFESTYLE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SOFTWARE, ANY USE OF OR RELIANCE ON ANY DATA (INCLUDING GPS DATA) YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SOFTWARE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOBILIFESTYLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE MOBILIFESTYLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

  19. ADDITIONAL RIGHTS

    AS SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE SPECIFIC LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. THE LIMITATIONS OF THIS SECTION AND SECTION 14 SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM.

  20. Force Majeure

    Notwithstanding any other provision of this Agreement, neither Party shall be in default or breach of this Agreement for failure to fulfill its obligations when due to or contributed by causes beyond its reasonable control. An act of Force Majeure shall be deemed to include: an act of god such as without limitation a fire, flood, earthquake, epidemic, volcanic eruption, adverse weather conditions, storm, hurricane or other natural disaster, a strike, lock-out, labour dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion revolution insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the internet or other telecommunication facility, network or means of telecommunication, computer virus, or bug, third party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.

  21. Notice

    MobiLifestyle may give notice by means of a general notice on the Software, electronic mail to Your e-mail address on record in MobiLifestyle's account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending (if sent by email).

  22. Modification to Terms

    MobiLifestyle reserves the right to modify, from time to time, the terms and conditions of this Agreement or its policies relating to the Software at any time, effective upon posting of an updated version of this Agreement on our website and/or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Software after any such changes shall constitute Your consent to such changes.

  23. General

    (a) Survival. Provisions of this License Agreement related to title and ownership, confidentiality, limitation of liability and indemnity shall continue in force after any termination of this or any subsequent agreement.

    (b) No Third Party Beneficiaries. Except as otherwise specifically stated in this License Agreement, the provisions herein are for the benefit of the Parties and not for any other person or entity.

    (c) Waivers of Default. Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of such default or a waiver of any other default.

    (d) Governing Law and Dispute Resolution. This License Agreement is governed by the laws of the Province of Ontario, Canada and each of the parties hereto irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario without regard to conflicts of law principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any disagreement or dispute arising out of or relating to this Agreement, or the breach thereof which the parties are unable to resolve after good faith negotiations, shall be settled by final and binding arbitration to be conducted in Ontario, Canada in accordance with the Ontario Arbitration Act.

    (e) Entire Agreement. This License Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior understandings and agreements between the parties hereto with respect thereto.

  24. Definitions

    As used in this Agreement now or hereafter associated herewith: "Agreement" means the terms of this Agreement and may be updated by MobiLifestyle from time to time in its sole discretion; "Content" means all information and data including but not limited to location information, emergency alerts, geo-fence alerts, audio and visual information including Automated Speech Recognition ("ASR"); Text to Speech ("TTS") and Voice to Text or transcription software platforms provided by third Parties, software, products and services contained or made available to You in the course of using the Software; "Customer Data" means any data, information or material provided or submitted by You to the Software in the course of using the Software; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date You begin using the Software; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "License Term(s)" means the period(s) during which You are licensed to use the Software; "MobiLifestyle" means MobiLifestyle, its licensors, affiliates, subsidiaries, online website(s), other designated web sites or IP addresses and/or reseller websites; "MobiLifestyle Technology" means all of MobiLifestyle's proprietary technology (including but not limited to software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to You by MobiLifestyle in providing the Software; "Software" means the specific MobiLifestyle services identified during the ordering process, developed, operated, and maintained by MobiLifestyle, accessible via its online websites “voiceonthego.com”, "mobilifestyle.com", application store(s), or another designated web site or IP address, or ancillary online or offline products and services provided to You by MobiLifestyle, to which You are being granted access under this Agreement, including the MobiLifestyle Technology and the Content; "User(s)" means You who is authorized to use the Software and have been supplied user identification and password by You (or by MobiLifestyle at Your request).

  25. Questions or Additional Information

    If You have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@mobilifestyle.com.

 

Privacy and Security Policies

  1. Objectives & Scope of Policy
  • MobiLifestyle includes its licensors, affiliates, subsidiaries, online website(s), other designated web sites or IP addresses and/or reseller websites collectively referred to in this Agreement as "MobiLifestyle". For purposes of this Privacy Policy, "Software" means the MobiLifestyle application(s). MobiLifestyle is committed to protecting your privacy, in compliance with all United States and Canadian laws, including the Personal Information Protection and Electronic Documents Act ("PIPEDA"). Individuals have the right to be informed about the information which is collected about them and its intended use, as well as the right to review information being retained, and be informed as to the means to update and correct it.

  • This document sets out MobiLifestyle practices and policies with respect to the collection, use and disclosure of confidential and personal information obtained from and about individuals who are customers of MobiLifestyle. This policy does not govern personal information collected from and about employees, the protection of which is governed by other MobiLifestyle policies, nor does it cover aggregated data from which the identity of an individual cannot be determined. MobiLifestyle retains the right to use aggregated data in any way that it determines appropriate.

  1. Information About MobiLifestyle Website
  • Modern information and communication technologies play a fundamental role in the activities of an organization such as MobiLifestyle. Our principal activity is the development and commercial deployment of our technology platform, which allows mobile access to various forms of content via a variety of wireless and wired communication devices.

  • In using the MobiLifestyle website:

  1. You can access the MobiLifestyle website home page and browse the site without disclosing any personal information.
  2. The MobiLifestyle website does not enable you to communicate with other visitors, but does allow you to post information to be accessed by employees of MobiLifestyle.
  3. MobiLifestyle does not automatically log personal information nor does it link information automatically logged by other means with personal information about specific individuals.
  1. The Collection, Use and Disclosure of Personal Information
  • For purposes of this Privacy Policy, "Personal Information" means any information, recorded in any form, about an individual whose identity may be inferred or determined from such information, including but not limited to for example, name, address, e-mail address, phone or fax number or other similar information.

  • MobiLifestyle collects Personal Information which you may volunteer while using its Software and services, and your provision of Personal Information to MobiLifestyle means that you agree and consent to the collection, use and disclosure of such Personal Information in accordance with this Privacy Policy. If you do not agree with these terms, you should not provide any Personal Information to MobiLifestyle. Unfortunately, certain services/products can only be offered if you provide Personal Information, and consequently, if you choose not to provide required Personal Information, MobiLifestyle may not be able to offer you those services and products.

  • MobiLifestyle will limit the collection and use of Personal Information to that which is needed by it for valid business purposes to provide the services and comply with local law.

  • Personal Information will only be obtained by lawful and fair means.

  • MobiLifestyle does not collect information about customers from other sources, such as public records or bodies, or private organizations.

  • MobiLifestyle does not knowingly collect personal data from children or anyone under the age of 18, and does not use such information if MobiLifestyle discovers that it has been provided by a minor.

  • MobiLifestyle may disclose your Personal Information to other organizations for purposes of performing services to you on behalf of MobiLifestyle, provided that such organizations agree to act in a manner consistent with the relevant principles articulated in this Privacy Policy.

  • Except as part of the sale of all or substantially all of the assets of MobiLifestyle, it will not sell, trade or rent your Personal Information to any third party unless

  1. You request it;
  2. the Personal Information is provided to help complete a customer-initiated transaction;
  3. the disclosure is required by law, and you have been informed about the possibility of such disclosure and have agreed to it; or
  4. as otherwise set out in this Privacy Policy.
  1. Changes to Privacy Policy
  • MobiLifestyle reserves the right to change and update this Privacy Policy from time to time at its sole discretion, and to reflect company and customer feedback or changes to privacy legislation. Any revised policy will be posted at the Privacy Policy link on the Website's home page. We encourage you to periodically review this Privacy Policy to be informed of how MobiLifestyle is protecting your Personal information.

  • If MobiLifestyle intends to use your Personal Information for a purpose other than as outlined in this Privacy Policy, it will provide you with a method through our website or email for choosing not to participate. You may also email us at the address below to let us know of your preference.

  1. Contact MobiLifestyle
  • Privacy concerns or enquiries about: (i) access to your Personal Information; (ii) MobiLifestyle's collection, use, management or disclosure of Personal Information; or (iii) the Privacy Policy Statement can be directed to MobiLifestyle by:

  1. Email at: support@mobilifestyle.com