CLOUDMINE PRIVACY POLICY

Date Last Updated: September 27, 2016

Thank you for using CloudMine and visiting our website. We have adopted this Privacy Policy to memorialize our data collection and disclosure practices for our website and its related tools and services, including any mobile applications we provide, our platform software, and any web pages we control on any third party websites (collectively, the “Services”). The Services are owned and operated by CloudMine, Inc., a Delaware corporation (“CloudMine,” “we,” “us” or “our”). This Privacy Policy applies to information collected through the Services, as well as other information provided to us online or offline by visitors, customers or users of our Services (“users,” “you” or “your”); however, it does not apply to information collected from our employees, contractors or vendors. This Privacy Policy applies to anyone using or browsing our website, platform software, mobile applications or other Services, including mobile application (“app”) developers who browse and may sign up for and use the Services (“Developers”), authorized resellers of our Services (“Resellers”), and the end users of each Developer or Reseller (each, an “End User”), all in addition to any other users who may visit our website or make use of the Services from time to time.

 

CONSENT

By using our website or other Services, you consent to this Privacy Policy. If you do not agree with any provisions of this Privacy Policy, you may not use our website, mobile application, platform software, or other Services. Information gathered through the Services may be transferred, used, and stored in the United States and in foreign jurisdictions in which we, our users, or our agents for the Services are located now or at any time in the future. If you access the Services, you consent to the capture, storage, transfer, use and processing of your Personal Information (as defined below) in and between all of those jurisdictions. The data protection and other laws in some countries and jurisdictions (such as the federal laws and some state laws in the United States) are not as comprehensive or stringent in other countries and jurisdictions (such as the European Union). You agree that all transactions relating to our website, mobile applications, platform software and other Services shall be deemed to have occurred in the United States, where we currently have all of our personnel and base most of our operations.

 

COLLECTION OF PERSONAL INFORMATION

We collect Personal Information in connection with our Services. When we use the term “Personal Information” we mean information about an identified or identifiable individual. “Personal Information” may include, but is not limited to, your full or partial name, user ID, password, postal address, email address, phone number, and any profile information you choose to submit through our website, application or other Services, as well as (if applicable) your company name and contact information. “Personal Information” also includes any credit card or debit card or other financial account information you may provide to us or to our third-party payment application provider for billing purposes. However, information you submit solely through a third-party payment application provider for billing purposes, including credit and debit card or bank account information, will not be stored on our servers. If you are a Developer or Reseller, “Personal Information” also includes information that we collect, with your enablement and consent, about your End Users, including the people who use your CloudMine-enabled mobile app(s), and may include whatever information you agree to provide to us, including, but not limited to, your End Users’ e-mail addresses, passwords, and data generated from CloudMine-enabled apps on their mobile devices, to the extent such data contains Personal Information. It is each Developer’s and each Reseller’s responsibility to obtain permission from its End Users to collect any Personal Information pertaining to them that you elect to share with us, and we will not collect any more information than you specifically request that we collect through the Services. It is also each Developer’s and each Reseller’s responsibility to make the appropriate privacy disclosures to its End Users, including disclosures to the effect that a Developer or a Reseller is collecting the Personal Information from them, disclosures to the effect that a Developer or a Reseller may share the information with us, and any other disclosures required under the law that relate to the collection and use of your End Users’ Personal Information and sharing of same with third parties. You may always choose not to provide Personal Information, but this may prevent you from receiving certain Services. CloudMine may also collect “Non-Personal Information” about you, including each End User of each Developer or Reseller. “Non-Personal Information” means information that is not Personal Information, such as aggregated, anonymized information, information about devices, and demographic information that does not identify any particular person. Some examples of Non-Personal Information that we may collect include the device name and model used to connect to the Services, the operating system of the device, the Internet Protocol (“IP”) address, use information, including anonymized statistics about data usage per app and per Developer or per Reseller, unique device identifiers for each device that runs a CloudMine-enabled mobile app, browser and browser speed, the carrier or other provider of the device’s Internet connection, the amount of bandwidth of the Internet connection, the location of the server each carrier uses, and the CloudMine service endpoints that were accessed during a visit. Please note that we are not responsible for the privacy policies, practices, or the content of websites owned by others that you may link to or that may be linked from the Services. Accordingly, we encourage you to review the privacy policies and terms of service of those websites so that you understand how those websites collect, use and share any Personal Information.

 

USE OF PERSONAL INFORMATION

CloudMine uses Personal Information to assist us in setting up accounts; improving online operations; processing transactions; providing customer service; providing newsletters, RSS feeds, and/or other communications or services which you have signed up for or otherwise agreed to receive; displaying content that is customized to your interests or preferences; sending account- or transaction-related communications such as welcome letters and transaction confirmations; performing research and analysis aimed at improving our products, services and technologies; and managing our systems. We may also use this information for internal purposes to help us diagnose problems, monitor traffic patterns and otherwise continually improve our Services.

 

DISCLOSURE OF PERSONAL INFORMATION

We may disclose Personal Information and Non-Personal Information about Developers, Resellers and End Users to other users of the Services and to companies, agents, contractors, service providers or others engaged to perform functions on our behalf (such as processing payments, providing data storage, hosting our website, conducting audits and performing web analytics). We may also disclose Personal Information and Non-Personal Information about Developers and Resellers to companies, agents, contractors, service providers or others engaged to perform functions on our behalf to market CloudMine products and services to Developers and Resellers (for example, to send Developers and Resellers messages concerning new CloudMine features or products or CloudMine special offers). We may also disclose your Personal Information to third parties, in our sole discretion, to (a) enforce or apply the terms and conditions of the Services, including investigations of potential violations thereof, (b) comply with legal or regulatory requirements or a governmental request including to meet national security or law enforcement requirements, (c) protect the rights, property or safety of CloudMine, our Developers, Resellers, the End Users and other users or other third parties, (d) to any authority, such as a police department or regulatory authority, or (e) detect, prevent or otherwise address fraud, security or technical issues. We may also disclose Non-Personal Information to our clients, developers, business partners, merchants, advertisers, investors, potential buyers and other third parties in our sole discretion. CloudMine reserves the right to transfer information (including your Personal Information and Non-Personal Information) to a third party in the event of a reorganization, spin-out, sale, merger, or transfer of some or all of the assets of our company, or in the unlikely event of a bankruptcy, liquidation or receivership of our business. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield (see section below), CloudMine is potentially liable. We only share your personal information with third parties who are acting as our agents to complete tasks necessary to the functioning of the business and therefore we do not currently offer an opt-out choice for this shared data. If our policy should change in the future, we will notify you and give you an opt-in or opt-out choice.

 

ACCESSING AND UPDATING PERSONAL INFORMATION

CloudMine acknowledges the individual’s right to access their personal data. When you use our Services, we make reasonable good faith efforts to provide you with access to your Personal Information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backups), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Please e-mail us at privacy@cloudmineinc.com or contact us at the address stated below with any questions, if you need assistance accessing or changing your Personal Information, or if you would like to have your Personal Information deleted. Please be aware that if you delete your Personal Information, you may not be able to continue to use our website or other Services. Please note that if you request that we delete your Personal Information, we may in our sole discretion retain certain information, including your Personal Information, for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements. We may also retain your Non-Personal information.

 

COOKIES AND AUTOMATIC INFORMATION GATHERING TECHNOLOGIES

Non-Personal Information (including aggregate, technical or demographic information) can also be collected through the standard operation of our internet servers and logs as well as other automatic data collection tools such as “cookies,” “beacons,” and other similar technologies. A “cookie” is a small text file that is recorded either temporarily or persistently on your hard drive and that a website can use in order to recognize visitors who revisit a website so as to facilitate their ongoing access to and use of the website. “Beacons” are tiny electronic images (sometimes as small as one pixel by one pixel) designed to collect web log information such as pages viewed or messages opened, and can be used to assist us in determining how many users have visited certain pages or opened messages or newsletters. Information we may collect through cookies, beacons and other technologies includes your browser type, language preference, operating system, referring website (if applicable), the name and type of device, the operating system of your device, the carrier, your geographic location, the date and time of each user visit or request, the pages visited on our website, and the message boards or other discussion forums you visit. We may gather the information we collect from each user and perform statistical analysis of the aggregated information, including analysis about the behavior of visitors to our website on an aggregated, anonymous basis. Any information we collect from you through the use of cookies, web beacons, and other technologies will not be shared with third parties for behavioral advertising or targeting purposes. Cookies can be prevented by activating the facility that is available in most web browsers that enables each user to deny or accept cookies. Recognize, however, that cookies may be necessary in order to provide certain features such as the customized delivery of certain information.

 

INTERNATIONAL USERS

By visiting our website and by providing us with your Personal Information or data, you acknowledge and agree that, due to the international dimension of CloudMine, we may use the Personal Information or data collected in the course of our relationship for the purposes identified in this Privacy Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such Personal Information and data may be stored on servers located in the United States. By providing us with your Personal Information or data, you consent to the transfer of your Personal Information and other data.

 

CHILDREN

We do not knowingly collect Personal Information from users under 13 years of age. While we permit Developers to use CloudMine with apps intended for use by End Users under the age of 13, we do not permit or knowingly allow the Services to be used to collect Personal Information from such End Users. If we learn that we have inadvertently collected Personal Information from a child under the age of 13, whether that child is a Developer, End User, or other user of the website or Services, upon receipt of notice from the child or a parent or guardian we will delete that child’s Personal Information from our systems.

 

INFORMATION SECURITY

We utilize a number of information security measures to safeguard your Personal Information. Unfortunately, however, no data transmission over the Internet and no method of data storage can be guaranteed to be secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we do not guarantee its security.

 

YOUR CALIFORNIA PRIVACY RIGHTS

A California resident who has provided personal information to a business with whom she or he has established a business relationship for personal, family, or household purposes (“California Customer”) is entitled to request information about whether the business has disclosed her or his Personal Information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Information was disclosed in the preceding calendar year, as well as a list of the categories of Personal Information that were disclosed. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s Personal Information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of Personal Information to third parties for direct marketing purposes and providing a cost free means to exercise that right. We have no present intention to share Personal Information with third parties for their own direct marketing purposes, but if we ever change our policy, we will notify you of the policy change by updating this Privacy Policy. Please note that whenever you choose to share your Personal Information with a third party or to allow your Personal Information to be shared with a third party to communicate with you, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use your Personal Information and other information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information. California Customers may request further information about our compliance with California’s privacy law by e-mailing privacy@cloudmineinc.com or contacting us as stated below. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

 

MESSAGE BOARDS AND OTHER ONLINE FORUMS

Please note that when you choose to post messages and/or profile content on messages boards and other online forums we may make available to you on our website or other Services, such content is viewable by third parties and, in the case of public online forums, is publicly viewable. Accordingly, you should exercise discretion with regard to what Personal Information you post on our Services and on third party web sites, and should not post highly confidential or sensitive information. CloudMine is not responsible for how third parties who view your Personal Information may use this information (such as to send you unsolicited messages).

 

EU-US PRIVACY SHIELD

CloudMine complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and is subject to the investigatory and enforcement powers of the US Federal Trade Commission (FTC).  CloudMine has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  If there is any conflict between the policies in this Privacy Policy and the Privacy Shield Principles the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/. Some types of Personal Information may be subject to additional privacy-related requirements and policies, which are consistent with Privacy Shield. For example: Personal Information regarding and/or received from clients, or third parties is also subject to any specific agreement with, or notice to, the client, as well as additional applicable laws and professional standards, including compliance with EU-US Privacy Shield. Personal Information regarding CloudMine personnel and personnel of other member firms of the CloudMine network is subject to internal human resource policies. If you are a Developer or a Reseller transferring End Users’ Personal Information to CloudMine from any European Union member country, you may only do so if you subscribe to the Privacy Shield Principles or are subject to the European Commission’s Directive on Data Protection or another adequacy finding. In compliance with the EU-US Privacy Shield Principles, CloudMine commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union individuals with inquiries or complaints regarding this Privacy Policy should first contact CloudMine at: privacy@cloudmineinc.com. CloudMine has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel. In the event that you are or were an employee of a Developer or a Reseller working in the EU, complaints about your Personal Information collected by your employer in the context of your employment relationship and transferred to CloudMine for use in the context of your employment relationship should be directed to your employer or, if unable to resolve the dispute with your employer, to the state or national data protection or labor authority in the jurisdiction where you work or worked at the time the Personal Information was collected.

 

US-SWISS SAFE HARBOR

CloudMine complies with the US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from Switzerland. CloudMine has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. If there is any conflict between the policies in this Privacy Policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern. To learn more about the US-Swiss Safe Harbor and to view our certification page, please visit http://www.export.gov/safeharbor/. In compliance with the US-Swiss Safe Harbor Principles, CloudMine commits to resolve complaints about your privacy and our collection or use of your personal information.  Swiss citizens with inquiries or complaints regarding this Privacy Policy should first contact CloudMine at: privacy@cloudmineinc.com. CloudMine has further committed to refer unresolved privacy complaints under the US-Swiss Safe Harbor to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

 

CHANGES TO THIS POLICY

CloudMine may modify or update this Privacy Policy periodically with or without prior notice by posting an updated policy on this page. You can always check the “Last Updated” date at the top of this document to see when the Privacy Policy was last changed. We may also post a notice of changes to this Privacy Policy on our website. We encourage you to check this Privacy Policy from time to time. Your continued use of our website and/or Services following the posting of an updated Privacy Policy constitutes your consent to the contents of such policy. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING OUR WEBSITE AND SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES. Please note that upon leaving the Services, any Privacy Policy in effect immediately prior to your leaving shall continue to be binding on you.

 

QUESTIONS

To ask questions about our Privacy Policy, obtain more information, or to lodge a complaint, contact us at:

CLOUDMINE, INC. ATTN: PRIVACY MATTERS
1217 SANSOM STREET, FLOOR 6
PHILADELPHIA, PA 19107
EMAIL: PRIVACY@CLOUDMINEINC.COM