Effective Date: May 25, 2018
Revised Date: March 24, 2020
Mobilize Networks Inc. (“Mobilize“, “we“, “our” or “us“) develops and operates a community management platform (the “Platform“), used by various organizations, businesses and community organizers to manage and engage with members of their communities (“Communities“).
We also maintain and operate the website www.mobilize.io, its subdomains and its related features, such as our blog and newsletters (collectively, the “Site“) as well as the Mobilize mobile application (the “App“), and access to the Platform is made possible through both (the Platform, together with the Site and App – the “Services“).
This Privacy Notice describes the personal data we typically receive or collect whenever someone visits our Site or installs and opens our App (a “Visitor“), creates (“Owner“), manages (“Manager”) or joins (“Member“) a Community, or uses the Platform and engages with other Members of the Community via the various communication features available via the Services. It also describes how and for which purposes we may use such data, where we store and for how long we retain it, with whom we may share it, our use of tracking technologies and communications, our security practices, your choices and rights (whether you are an Owner, Manager, Member or Visitor, “you“) regarding such data, our roles as “Data Controller” and “Data Processor”, and how to contact us if you have any concerns regarding this Notice or your Privacy.
We strongly urge you to read this Notice and make sure that you fully understand and agree to it. If you do not agree to this Notice, please discontinue and avoid using our Services.
You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the full range or with the best experience when using our Services.
We collect data regarding users of our platform, as well as visitors to our site and app.
Such data is typically collected and generated through your interaction with our services, through automatic means or directly from you or your community owner or manager.
We collect two main categories of data (which, to the extent it may enable the identification of a specific person, or is linked to such identifying data, we will deem it as “**Personal Data**“:
We use personal data in order to provide our services and make them better and safer; in accordance with our contractual obligations towards community owners; to contact our visitors and users, and in order to comply with applicable laws.
We collect and use Personal Data for the following purposes, in order to facilitate and perform our engagements with our users, in order to comply with the laws applicable to us, and based on our legitimate interests for maintaining and improving our Services and protecting and securing our Services, ourselves and our users:
Mobilize has applied to self-certify with the EU-US and Swiss-US Privacy Shield Frameworks, with respect to personal data it receives or processes which concern individuals residing in the EU or Switzerland. We will update this section once our application is granted.
Owner, Manager, Member and Visitor Data Retention: We retain Owner Personal Data, Manager Personal Data, Member Personal Data (to the extent that we are the “Data Controller” of such data, as explained in Section 9 below) and Visitor Personal Data as reasonably necessary to preserve and expand our mutual relationship, and thereafter in accordance with our Data Retention Policy.
Member Data Retention: We retain Member Personal Data (to the extent that we are the “Data Processor” of such Member data, as explained in Section 9 below) as instructed or authorized by the Owner, and thereafter in accordance with our Data Retention Policy.
If you have any questions about our Data Retention Policy, please contact us at firstname.lastname@example.org.
We may share your data with certain third parties, including certain service providers, law enforcement agencies and our affiliated companies – but only in accordance with this notice.
Sharing Personal Data with Owners, Managers and Members of your Community: Once you join a Community, your user profile will be made available to all Owners and their appointed Managers of such Community. All or part of your user profile may also be made available to other Members of a Community you join, according to the discretion of the Owners and Managers of that Community. Please note that Mobilize is not responsible or controls any further disclosure, use or monitoring by or on behalf of your Community Owners, Managers or Members.
Compliance with Laws, Legal Process and Authorities: We may disclose or allow government and law enforcement officials access to certain Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations, including for national security purposes. Such disclosure or access may occur with or without notice to you if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
Service Providers: We may engage selected third party companies and individuals to perform services complementary to our own (e.g. hosting and server co-location services, data analytics services, marketing agencies and advertising services, data and cybersecurity services, fraud detection and prevention services, payment processing services, user engagement services, e-mail distribution and monitoring services, session recording, remote access services, and our business, legal, financial and privacy advisors) (collectively, “Service Providers“). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes. Mobilize remains responsible and liable for any Personal Data processing done by Service Providers on its behalf, other than for events outside of its reasonable control.
Third Party Integrations: The Services may allow you to integrate with certain third-party services, in which case you will be bound by the terms of service and privacy notices of said third parties – so please make sure you read and accept them. We do not receive or store your passwords for any of these third-party services.
Protecting Rights and Safety: We may share your Personal Data with others, with or without notice to you, if we believe in good faith that this will help protect the rights, property or personal safety of Mobilize, any of our users or any members of the general public.
Mobilize Subsidiaries and Affiliated Companies: We may share Personal Data internally within our family of companies, for the purposes described in this Notice. In addition, should Mobilize or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Data may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail and/or a prominent notice on our Services.
For the removal of doubt, Mobilize may share your Personal Data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data in our sole discretion and without the need for further approval.
Our Services and some of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide and improve our Services, personalize your experience and monitor the performance of our activities and campaigns. A “cookie” is a small text file that is used, for example, to collect data about activity on our Site. Some cookies and other technologies serve to recall Personal Data, such as an IP address, previously indicated by the user. While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application, most browsers allow you to control cookies, including whether or not to accept them and to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.
We or our partners may send promotional communications, that you can easily opt-out of receiving. We may also contact you with service-related communications. You will not be able to opt-out of receiving such communications.
Service Communications: we may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, password-retrieval notices, etc. You will not be able to opt-out of receiving such service communications.
Promotional Communications: we may also send notifications about new services, events and special opportunities or any other information we think our Owners and Managers will find valuable. We may provide such notices through any of the contact means available to us (e.g. phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you wish not to receive such promotional communications, you may notify Mobilize at any time by e-mailing us at email@example.com or by following the “unsubscribe”, “stop” or “change e-mail preferences” instructions contained in the promotional communications you receive.
We are committed to securing your personal data and use many security measures to better protect it. However, as we can’t guarantee absolute protection, we encourage you to be aware of the risk when using the services or providing us with your personal data.
In order to protect your Personal Data held with us and our Service Providers, we are using industry-standard physical, procedural and electronic security measures. However, please be aware that regardless of the security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Mobilize will be the controller of your Personal Data processed in connection with the Services.
If there are any conflicts between this section and any other provision of this Privacy Notice, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at firstname.lastname@example.org. Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of services to customers, in which case we are the processor of Personal Data. If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email email@example.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
If you wish to exercise any of your rights under the applicable law (e.g. the EU GDPR) to request access to and rectification or erasure of your Personal Data held with Mobilize, or to port such Personal Data – please contact us at firstname.lastname@example.org.
Please note that Member requests may be forwarded to your Community Owner and Manager, to the extent such Owner is the “Data Controller” of such data. Therefore, we recommend that Members contact their Community Owners directly.
“GDPR-Rep.eu” has been designated as Mobilize’s representative in the European Union for data protection matters pursuant to Article 27 of the GDPR. GDPR-Rep.eu may be contacted only on matters related to the processing of Personal Data. To make such an inquiry, please add ‘GDPR-REP ID: 14653978’ to all correspondence, which may be addressed to:
iuro | Dr. Andreas Mätzler
Attorney at Law
c/o Mobilize Networks
1010 Vienna, Austria
If you are a GDPR-protected individual, you also have the right to lodge a complaint with an EU supervisory authority.
Certain data protection laws and regulations, such as the EU GDPR, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller”, who determines the purposes and means of processing, and the “Data Processor”, who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
Each Community Owner is the “Data Controller” of their Managers’ and Members’ Personal Data (excluding Account Data), when Mobilize processes such data solely on such Owner’s behalf. This means that in such cases, we will only process such Member’s data in accordance with the reasonable instructions of the Owner, subject to our [Terms of Service] and [Data Processing Agreement], and strictly on their behalf. The Owner will be solely responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).
Mobilize is the “Data Controller” of the Account Data of its Owners, Managers and Visitors, and also of certain Member Personal Data, when it processes such data for its own purposes. This means that when processing is performed for Mobilize’s purposes (as set forth under this Notice), namely Personal Data which pertains to Owners and Visitors, and Member Personal Data which relevant to their overall use of our Services, then Mobilize will control such data, and assume the responsibilities of Data Controller (solely to the extent applicable under law).
The Services are hosted and operated in the United States (“U.S.”) through Mobilize and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Mobilize in the U.S. and will be hosted on servers in the U.S., and you authorize Mobilize to transfer, store and process your information to and in the U.S., and possibly other countries according to the principles in the EU-US and Swiss-US Privacy Shield Framework. You hereby consent to the transfer of your data to the U.S. pursuant to another safeguard(s) for cross-border transfer: (i) a data processing agreement incorporating standard data protection clauses promulgated by the EC, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.
Mobilize’s Customers may electronically submit data or information to the Mobilize Platform for hosting and processing purposes (“Customer Data”). Mobilize will not review, share, distribute, or reference any such Customer Data except as provided in an applicable Master Subscription Agreement, Statement of Work, or as may be required by law. Mobilize may access Customer Data only for the purpose of providing the services or preventing or addressing service or technical problems, or as may be required by law.
Mobilize may retain your information for a period of time consistent with the original purpose of collection (for instance, we may retain your information for during the time in which you have an active Mobilize account), and for a reasonable period of time afterward. We also may retain your information during the period of time needed for Mobilize to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.
You may request to review, correct, delete or otherwise modify any of the personal information that you have previously provided to us through the Mobilize website or the Mobilize Platform. Direct all such requests to email@example.com. Requests to access, change, or delete your information will be addressed within the legally permissible timeframe.
Mobilize has relationships with several subprocessors to deliver its services. To view the list of our current subprocessers, please view them here.
Updates and amendments: We may update and amend this Notice from time to time by posting an amended version on our Services. The amended version will be effective as of the published effective date. We will provide a 10-days’ prior notice if any substantial changes are involved, via any of the communication means available to us, or on the Services. After this notice period, all amendments shall be deemed accepted by you.
External links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices, and encourage you to pay attention when you leave our Services and to read the privacy notices of each and every website and service you visit. This Notice applies only to our Services.
Children’s Privacy: Our Services are not designated to attract children under the age of 16. We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a child is using the Services, we will prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us at firstname.lastname@example.org.
Questions, Concerns or Complaints: If you have any comments or questions about this Privacy Notice or if you have any concerns regarding your Privacy, please contact us at email@example.com. Mobilize’s appointed Data Protection Officer may be reached at firstname.lastname@example.org