APPBURST PRIVACY STATEMENT

We respect your privacy and are committed to protecting it.  

This Data Privacy Statement (“Privacy Statement”) describes our practices in connection with the information that we collect.  Therefore, please read it carefully to understand how Smart City Solutions, LLC dba AppBurst, successors, and assigns (collectively referred to herein as "us", "we", "our", or “AppBurst”) uses and protects the information provided by any individual person who accesses, uses or registers to use this or any of our other related websites and blogs (collectively, our "Websites"), our web-based and mobile software applications and services (collectively, our "Applications"), and our HTML-formatted email messages (collectively, including the Websites and the Applications, our "Services").

This Privacy Statement does not apply to information collected by any third party, including through any third-party application or content (including advertising), that may link to or be accessible from our Services. 

DEFINITIONS

Personal Data means any information relating to an identified or identifiable natural person (‘data subject’).”

Consent means any freely given, specific, informed and unambiguous indication of the Data Subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of Personal Data relating to him or her.

Controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; where the purposes and means of such processing are determined by European Union or Member State law, the controller or the specific criteria for its nomination may be provided for by European Union or Member State law.

Data Protection Authority is an independent public authority of a country responsible for monitoring the relevant laws and regulations relating to data protection.

Processing Means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organizing, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

WHOSE INFORMATION WE COLLECT 

We collect information from any one or all of the following three categories of users:

a) "Customer": A Customer is one of AppBurst's direct customers (such as show managers, event planners, meeting space providers, venues and other entities for whom we create Applications and who use our Services) and customer personnel who are assigned a login id and are authorized to access and use our Services. 

b) "End-User": An End-User is a Customer's business contact, marketing partner, or other third party contact who uses any of the Services to interact with Customers.  For example, an individual who registers for an event organized by a Customer, downloads an event-related mobile app, or completes an online survey, is an End-User.

c) "Visitor": A Visitor is anyone who interacts online with one of the Services.  

THE INFORMATION WE COLLECT 

AppBurst collects several types of information from and about End-Users, Customers, and Visitors including:

a) "Personal Information": This refers to Personal Data that may be used to identify, contact or locate you, such as your name, mailing address, telephone number, e-mail address, social media account ID or other identifiers by which Customers, End-Users, and Visitors may be contacted online or offline, billing address, payment information, financial institution information, information about uploads, Internet Protocol (IP) address, global positioning system (GPS) and other physical location markers, and time-stamp data, including meta-data.  AppBurst may collect Personal Information when you use the Services including, without limitation, when you set up an account, download materials, fill out surveys, correspond or otherwise communicate with AppBurst through the Internet, or otherwise volunteer information about yourself.  

b) "Non-Personal Information": This refers to information that, by itself, does not identify you or cannot be used to identify you. Non-Personal Information does not directly relate to an individual on its own or in combination with other information we have collected or that has been provided.  If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

HOW WE COLLECT PERSONAL INFORMATION AND NON-PERSONAL INFORMATION 

We collect Personal Information and Non-Personal Information as follows:

a) Registration.  Prior to your use of certain Services, AppBurst requires certain Personal Information and Non-Personal Information to enable features or functionality of those Services. Failure to provide all required information may prevent access to any or all of the Services.  Inaccurate information may result in suspension or termination of access to any or all the Services.

b) Uploading and Downloading Materials.  If you use the Services to upload or download materials, the materials may include meta-data or be transmitted with data, such as the type of device through which the materials were created, the device's IP address, the domain name of your Internet service provider, GPS data, time-stamp data, and other such data. This data may necessarily be provided to and collected by AppBurst when materials are uploaded, posted to or downloaded from the Services.

c) Information Collected Through Technology. AppBurst collects Personal and Non-Personal Information about your use of the Services (e.g., your Internet browser, operating system, IP address, connection speed, and the domain name of your Internet service provider).  Such information may be gathered by the following methods:

i. Cookies.  Cookies (including browser cookies, session cookies, persistent cookies, flash cookies and other local shared objects) are small pieces of information that are stored by your browser on your computer's or device's hard drive which work by assigning to your computer or device a unique number that has no meaning outside of the Services.  

ii. IP Address.  AppBurst collects IP addresses automatically.  An IP address is a number that is automatically assigned to your computer or device whenever you begin services with an Internet service provider.  Each time you access the Services and each time you request one of AppBurst's pages, the server logs the IP address.

iii. Web Beacons. Web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) are small pieces of data that are invisibly embedded in web pages and e-mails.  AppBurst may use these technical methods in HTML e-mails that AppBurst sends to you to determine whether you have opened those e-mails and/or clicked on links in those e-mails, the volume of users who have visited those pages and other related website statistics.  The information from use of these technical methods may be collected in a form that is Personal Information.

iv. Tracking Materials Usage.  If you use the Services and you upload or download materials, AppBurst tracks and captures Personal Information and Non-Personal Information associated with registered accounts and the use of materials.

v. Location and Proximity Tracking. If you use the Services on a mobile device  and your Bluetooth®, Wi-Fi and/or cellular carrier services are turned on, AppBurst tracks and captures the location of your device using beacons, GPS and other physical location markers while you are on-site at a venue and the app is active. This enables AppBurst to provide a positive user experience, including mapping services, guides and directions to event activities.  

vi. Third Party Advertisers and Analytics. Information is collected directly from End-Users using Services and from Visitors navigating through the Services using technologies collecting browser and device information, details regarding use of the Services, IP addresses and information collected through cookies, web beacons and other technologies.

vii. Third Party Sources. We use public databases, joint marketing partners, and social media platforms to collect Personal Information and Non-Personal Information.  If a Visitor or End-User connects to his or her social media account for our Services, certain Personal Information from the social media account will be shared, which may include Personal Information that is part of the Visitor's or End-User's profile, or his or her friends' profiles.  Please note that any such information posted or disclosed on the Services may be available to other Visitors, End-Users, and possibly to the general public.  Anyone submitting Personal Information relating to other people to AppBurst in connection with the Services represents that he or she has the authority to do so and to permit us to use the information in accordance with this Privacy Statement.

d) Personal Information Directly From You.  We collect Personal Information that a person provides when utilizing one of our Services, such as when an End-User registers to attend a meeting organized by a Customer, fills in a form on our Services, uses a chat function, purchase services or products, or downloads a mobile software application to the End-User's iPhone, Android or other device, when receiving technical or customer account support, or responds to surveys. 

WHAT WE USE YOUR PERSONAL DATA FOR AND THE LEGAL BASES WE RELY ON

We will use your Personal Data only for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose or as otherwise allowed by this Privacy Statement. If we need to use your Personal Data for another purpose we will explain the legal basis we rely on.

We do not always need your consent to process your Personal Data. The table below shows what we use your Personal Data for and the lawful basis for processing it in each case.

Purpose	Type of Data	Legal Basis
Research and analyze your use of, or interest in, our products, services or content (or products, services or content offered by others on our Services)	Data that indirectly identifies you such as your IP address, mobile device ID and location data.	Legitimate Interest
Communicate legal information to you.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and data that directly identifies you (such as your name, username, and email address and information you include in your user profile).	Legitimate interest
Analyze comments and feedback you have given us including comments, feedback and reviews you have posted on our sites and apps.	Data that directly identifies you (such as your name, username, and email address) and data that indirectly identifies you (such as your IP address or mobile device ID and location data).	Legitimate Interest
Provide you with communications and services you’ve signed up, for such as our newsletters.	Data that directly identifies you such as your name, username, email address and location data.	Consent There will be an opportunity to consent when we ask for the relevant data
Register you as a user of our sites and apps and other products and services and administer your account.	Data that directly identifies you (such as your name, username, and email address and other information included in your user profile).	Creation or performance of a contract.
Publish content on our sites and apps including articles, feedback, reviews and user comments about our posts.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and data that directly identifies you (such as your name, username, and email address and information included in your user profile). Creation or performance of a contract.	Creation or performance of a contract.
Communicate our terms, notify you about changes to them and communicate with you about non-compliance.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data) or data that directly identifies you (such as your name, username and email address).	Creation or performance of a contract; compliance of a legal obligation.
Communicate our privacy notices and notify you of changes to them.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data) or data that directly identifies you (such as your name, username, and email address).	Compliance with a legal obligation.
Administration and protection of our business including troubleshooting, data analysis, testing, system maintenance, user support, reporting and hosting data, administration and IT services, network security, fraud prevention, customer services and business reorganization, including exchanging information with third parties for fraud protection and spam/malware prevention.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and data that directly identifies you (such as your name, username, and email address).	Legitimate interest.
Use of data analytics to improve and develop our products and services and inform our marketing strategy.	Data that indirectly identifies you such as your IP address or mobile device ID and location data.	Legitimate Interest
Comply with applicable laws, regulations and legal and regulatory processes.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and/or data that directly identifies you (such as your name, username, and email address).	Compliance with a legal obligation.
Send marketing communications to you if you subscribe to our newsletters or other products and services.	Data that directly identifies you such as your name and email address..	Consent There will be an opportunity to consent when we ask for the relevant data
System Administration, assisting in diagnosing problems with AppBurst servers, monitoring AppBurst's system performance and traffic.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data)	Legitimate Interest, Creation or performance of a contract.
Personalization and Offerings.  AppBurst may use cookies, IP addresses and your Personal Information to track features to deliver materials specific to your interests, and to inform you about, present you with and offer you new relevant products, Services, and their contents, including third-party offerings, and to better tailor your experience in using the Services.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and/or data that directly identifies you (such as your name, username, and email address).	Legitimate Interest
To receive payments from you, to provide customer service, to allow Customers and Visitors to participate in online product demos, surveys, and online sweepstakes or contests (including to verify participant eligibility and deliver prizes) and use other interactive features on our Services, facilitate social sharing functionality, and communicate with you about these activities.	Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and/or data that directly identifies you (such as your name, username, and email address).	Creation or performance of a contract

 

DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES

We might disclose Personal Information, pursuant to the terms of this Privacy Statement:

a) To our Customers when you use our Services to transact business with our Customers, or when you use our Services is connection with a services we provide our Customers.  In that event, any Personal Information you provide is transferred to the exclusive control of the Customer.  AppBurst does not, and cannot, take responsibility for or maintain control over the privacy practices of our Customers.

b) To our subsidiaries and affiliates if AppBurst is the party responsible for the management of the jointly-used Personal Information.

c) To contractors, service providers, and other third parties to provide and maintain support our Services.

d)To your social media connections, including social media account providers, where you connect to your social media account through the Services or connect to the Services through your social media account.  You agree that by establishing this connection, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site's Privacy Statement. If you do not want your Personal Information shared with your social media account provider, please do not participate in social sharing on the Services.  

e) To a third party in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of AppBurst's assets.

f) To fulfill the purpose for which the Personal Information is provided or for any other purpose disclosed by us when you provide the Personal Information or with your consent.

g) As we believe to be necessary or appropriate: (i) under applicable U.S. law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (iv) to carry out our obligations and enforce our terms and conditions applicable to the Services and other agreements, including for billing and collection purposes; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety or property, and/or that of our affiliates, our Customers, you or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.

In addition, we may disclose aggregated information, which does not identify any individual, and therefore is Non-Personal Information.

We also keep certain information for recordkeeping purposes, as required by law for a mandated retention period, to complete transactions and because our databases will retain some residual data.  

YOU HAVE CHOICES ABOUT OUR USE AND DISCLOSURE OF YOUR INFORMATION

You can limit your Personal Information and Non-Personal Information that we collect.  In almost all cases, doing so will also limit the effectiveness, user-friendliness and/or availability of the Services you are trying to use.  If you do wish to place limitations, here are some things you can do:

·              You can set your web browser to restrict or to entirely block cookies, to configure cookie notification settings and/or to delete cookies already present on the browser or device. Information on how to do this should be provided in the web browser's help/reference section. 

·              You can choose to opt out from receiving communications from us or a Customer (i) by checking the appropriate box on the form where your data is collected, (ii) by unsubscribing at the bottom of emails you receive from us (or from our Customers), (iii) at any other time by sending an email request to opt-out@smartcity.com, or (iv) where available, the Service itself.  We will comply as soon as we reasonably can.  Opting out does not mean that we will not be able to send you important administrative messages.  If we need to get in touch with you for an administrative reason, we will do so.

Besides the above limitations which you can place on the Personal Information we collect, you may also be given the opportunity to consent to certain uses of your Personal Information (see above). When we rely on consent for a particular use, we will ask for your consent to that use at the time we collect the particular Personal Information that will be used for the particular purpose which is subject to the consent.

We might also keep certain information for recordkeeping purposes, as required by law for a mandated retention period, to complete transactions and because our databases will retain some residual data

CHILDREN UNDER AGE OF 13

Our Services are not intended for children under 13 years of age. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not (i) use or provide any information on these Services or on or through any of its features, (ii) register to use any of our Services, (iii) make any purchases through our Services, (iv) use any of the interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If you believe we might have any information from or about a child under age 13, please contact us using one of the means provided below (see Contact Information).

MARKETING AND USE OF THIRD PARTY ANALYTICS

We may use your Personal Data to help us decide which products, services and offers may be of interest to you. We use third party analytics and social media providers to collect information about your use of the Services, see the overall patterns of usage on the Services, deliver advertisements (including advertisements from our Customers) to your social media account based on email addresses, optimize ad performance, and to determine whether our advertising is effective. 

We use analytics tools and other third party technologies, including cookies, to collect Personal Information and Non-Personal Information in the form of various usage and user metrics when you use our Services.  These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information.

The third party analytics companies who collect information on our Services and other online products and/or services may combine the information collected with other information they have independently collected from other websites and/or other online or mobile products and services relating to your activities across their network of websites as well as online and/or mobile products and services.  Many of these companies collect and use information under their own privacy policies.

In addition to our use of technologies as described herein, we may permit certain third party companies, including online ad networks, to help us tailor advertising that we think may be of interest to you based on your use of our Services and to otherwise collect and use data about your use of our Services. 

We use the following Google Analytics Advertising Features:

·              Remarketing with Google Analytics

·              Google Display Network Impression Reporting

·              Google Analytics Demographics and Interest Reporting

·              Integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers 

Opting out of analytics:  You may opt out of Google Analytics by visiting the Google Analytics opt-out page <https://tools.google.com/dlpage/gaoptout>.  Google has additional information available about their Remarketing Privacy Guidelines, and Restrictions.  You may learn more at www.google.com/policies/privacy/partners/. 

You may view a list of other third party service providers who collect information, and/or opt-out of such collection of information about you, by visiting http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/.  Please note that opting out of receiving targeted ads will not prevent you from being served advertisements generally; rather, opting out means that the online ads presented will not be based on your particular interests.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the opt out link in the email we send you or by contacting us.  You will be removed from the marketing list; however, we will still need to send you service related emails necessary for administration and use of your account. To otherwise opt out you may:

·              Note your preferences at registration

·              Access your account settings and update your email preferences.

We currently do not respond to Do Not Track Signals.

THIRD PARTY SERVICES

We are not responsible for the privacy, information, collection, usage and disclosure policies and practices of third parties, including any such party operating a site or service to which the Services link, app developers, app providers, social media platform providers, operating system providers, wireless service providers and device manufacturers. 

INTERNATIONAL TRANSFER OF YOUR DATA

Our servers are located in the United States. When we process your Personal Data within AppBurst this will involve processing and transferring at least some of your data outside the European Economic Area (EEA), which includes all EU member states plus Iceland, Liechtenstein and Norway.  Third parties with whom we share your data may be based outside the EEA and their processing of your Personal Data may involve a transfer of data outside the EEA.

If you are a resident of the EEA, then those countries to which your data may be transferred may not have data protection or other laws as comprehensive as those in your country.  We will, however, take all measures to protect your personal information in accordance with this Privacy Statement and applicable law.  

Such measures include implementing the European Commission’s Standard Contractual Clauses for transfers of Personal Data between our company and our third party providers, which requires all such recipients to protect personal information in the EEA in accordance with European Data Protection Laws.  Our Standard Contract Clauses can be provided upon request.

DATA SECURITY

We seek to use organizational, technical and administrative measures to protect Personal Information. Additionally, much of the data processed via the Services is pseudonymized. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us using the "Contact Information" section below.

RETENTION PERIOD

We will only retain your Personal Information for as long as we believe is necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law.  We may anonymize your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely.

YOUR PRIVACY RIGHTS

Note: your privacy rights may be limited by law. Additionally, your rights are also limited where your attempt to exercise a right would violate the rights of others in a way that cannot be resolved.

Right to request access.  You have the right to ask for a copy of Personal Data we hold about you and to check we are dealing with it lawfully by asking for information about how we process it.

Right to request correction.  You have the right to ask us to correct incomplete or inaccurate information about you.

Right to request erasure.  You have the right to ask us to delete or remove your Personal Data.

Right to object to processing.  If we are relying on a legitimate interest to process your Personal Data, you have the right to object. Our legitimate interest in processing your information may override your rights and freedoms. You also have the right to object to us processing your Personal Data for direct marketing purposes.

Right to withdraw consent.  If we are processing your Personal Data on the basis of your consent, you can withdraw your consent at any time.

Right to request restriction of processing.  You can ask us to suspend processing of your Personal Data where: (a) you contest the data's accuracy; or (b) processing of your data is unlawful but you do not want us to erase it; or (c) we no longer need your data but you need us to hold it for a legal claim; or (d) you object to our processing of your data and we are checking whether the legitimate interest we rely on overrides your rights.

Right to request transfer.  You have the right to ask us to transfer your Personal Data to you, or to a third party. This right applies only to automated information you gave us consent to use, or where we used the information to perform a contract with you.

Right to object to automated decision-making.  You have the right not to be subject to automated decision-making, including profiling, which has legal or other significant effects on you. This right does not apply when the automated decision is necessary for entering into or performing a contract with you, or is based on your explicit consent.

HOW TO EXERCISE YOUR RIGHTS

To exercise your rights email privacycompliance@smartcity.com.  As a security measure we will ask you to verify your identity. If a third party is making a request on your behalf we will ask them to prove that they have your permission to act for you.

COMPLAINTS

EEA Residents.  If you are a resident in the EEA and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority.  You can find their contact details at http://ec.europa.ey/justice/data-protection/bodies/authorities/index_en.htm.  We invite you to raise your concerns with us first, so that we can try to resolve them.

CALIFORNIA

California privacy rights. California residents are entitled to ask for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:

AppBurst

Attention:  Customer Care Privacy Representative 

PO BOX 22555

3100 Bonnet Creed Rd.

Lake Buena Vista, FL, 32830-2555

CHANGES TO OUR PRIVACY STATEMENT

We may change this Privacy Statement. Please take a look at the "Effective Date" section at the top of this page to see when this Privacy Statement was last revised.  Please check this Privacy Statement for the latest version.  

CONTACT INFORMATION

To ask questions or comment about this Privacy Statement and our privacy practices, contact us at:

AppBurst

Attention:  Customer Care Privacy Representative 

PO BOX 22555

3100 Bonnet Creed Rd.

Lake Buena Vista, FL, 32830-2555

Or email us at:  privacycompliance@smartcity.com

Please note that email communications are not always secure; so please do not include credit card information or sensitive information in your emails to us.