NeonMob Privacy Policy
/Last Updated: June 1, 2018
At NeonMob, Inc., a Delaware corporation (“NeonMob” or “we” or “us” or “our”), your privacy is incredibly important to us. This Privacy Policy (the "Privacy Policy") covers the Personal Data we collect from you (as defined below), why we collect it, how we use it, how and if we share it, how we store it, and your rights in relation to that data collection, including your recourse options if you’re ever unhappy with us. This Privacy Policy covers any and all of NeonMob’s websites (collectively, the “Site”), any and all of NeonMob’s mobile applications (the “Mobile Apps”), or use any of NeonMob’s other services (together with the Site, and the Mobile Apps, the "Services”). Please take a moment to read the following to learn more about our information practices.
INTERNATIONAL USERS
NEONMOB PRIMARILY STORES DATA ABOUT YOU, INCLUDING PERSONAL DATA, ON SERVERS LOCATED AND OPERATED WITHIN THE UNITED STATES. THEREFORE, IF YOU RESIDE OUTSIDE OF THE UNITED STATES, IN ORDER TO PROVIDE THE SERVICES TO YOU, NEONMOB MAY SEND AND STORE YOUR PERSONAL DATA OUTSIDE OF THE COUNTRY WHERE YOU RESIDE OR ARE LOCATED, TO THE UNITED STATES. THE RISKS OF TRANSFERRING DATA OUTSIDE OF YOUR JURISDICTION TO THE UNITED STATES INCLUDE THE POSSIBILITY OF DATA BREACHES AND LOSS. HOWEVER, WE UNDERTAKE APPROPRIATE SAFETY MEASURES, AS DESCRIBED THROUGHOUT THIS PRIVACY POLICY, TO KEEP YOUR DATA SECURE.
BY ACCEPTING THE TERMS OF THIS PRIVACY POLICY YOU ACKNOWLEDGE, AGREE AND CONSENT TO (1) THE TRANSFER TO AND PROCESSING OF PERSONAL DATA ON SERVERS LOCATED OUTSIDE OF THE COUNTRY WHERE YOU RESIDE IF YOU DON’T RESIDE WITHIN THE UNITED STATES, (2) NEONMOB’S COLLECTION AND USE OF YOUR PERSONAL DATA AS DESCRIBED HEREIN AND (3) THAT YOU ARE TAKING A RISK BY USING THE SITE AND SERVICES.
1. What information about me does NeonMob collect?
Personal Data. Personal Data is defined as any data which may be capable of identifying you. NeonMob collects Personal Data only if you voluntarily choose to share such information with NeonMob with the exception of automatically collected data as noted below in our “cookies” and “IP address” sections. You may browse the Site and Mobile Apps without disclosing any Personal Data, other than that which is automatically collected.However, in order for you to take advantage of particular opportunities provided through the Services, we may require that you furnish additional, voluntary Personal Data. When you set up an account, sign up for newsletters or participate in surveys, NeonMob collects your name, username and email address. If you would like, you may fill out an optional short bio, in which you will be permitted to include information about yourself as well as informational URLs (such as those linked to art work). You may also update your settings to include a time zone to optimize your user experience.
Users are given the option to use Facebook for registration and login. If you choose to do so, certain information will be automatically pulled from Facebook for use in conjunction with your account on NeonMob. This information will include your Facebook identification number, profile photo, and gender, as well as any additional information you’ve chosen to make public on Facebook.
NeonMob Creator users may also have the option to link the following third-party accounts for the sole and exclusive purpose of allowing others to view relevant art or additional voluntary information: Behance, DeviantArt, Dribble, Etsy, Facebook, Instagram, Twitter, and/or Tumblr. The option to include links to the Creator’s pages on these platforms is provided as a courtesy and is entirely voluntary. NeonMob does not retain any information from these third-party platforms (which the exception of Facebook, if the Creator user chose it to register and login with, as discussed above). The legal terms and privacy policies of these platforms, as made available publicly online, are applicable to your relationship with them.
If you place an order on the Site or a Mobile App, NeonMob utilizes third-party applications Stripe and Paypal to requests and collects the following Personal Data: your name, e-mail address, mailing address, telephone number, and credit card information. With the exception of your name and email address, such information is stored within the third-party applications and is never retained on NeonMob’s internal servers. As such, the legal terms of Stripe and Paypal are applicable and can be found as follows:
Stripe Services Agreement: https://stripe.com/us/ssa
PayPal User Agreement:https://www.paypal.com/us/webapps/mpp/ua/useragreement-full
You also may choose to send NeonMob Personal Data in an e- mail message containing information or inquiries about NeonMob's Services. If you do so, we treat the information you send us as Personal Data and handle it securely as such.
Anonymous or Aggregated Data. NeonMob collects and stores certain data about the use of NeonMob's Services on an aggregate and/or anonymous basis. NeonMob does not link this information to anything personally identifiable to you. NeonMob only uses this information for system administration and to help NeonMob develop ideas about how it might improve and optimize its Services. If any anonymized or aggregated data is stored in a location with information that is capable of personally identifying you, NeonMob treats such information as Personal Data under this Privacy Policy.
Cookies and Other Automatic Technologies. Like many websites and mobile applications, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We utilize persistent cookies to save your login information for future logins to the Site or Mobile Apps, as well as to optimize your user experience on NeonMob.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionalities of the Services.
IP Address. When you visit and interact with the Site and Mobile Apps, NeonMob and/or third parties with whom NeonMob has contracted to provide services to NeonMob may collect IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We treat this information as Personal Data under this Privacy Policy.
Device Information. For those users that download our NeonMob mobile application, we collect information from you through automatic systems on your device. This information is limited to that which allows us to link your mobile and web accounts. We may also receive certain non-personal usage data.
We honor Do Not Track signals and Do Not Track, plant cookies, or collect analytics when a Do Not Track (DNT) browser mechanism is in place. Users can also choose to visit the Site anonymously, but will not be permitted to access our Services.
We don’t, however, track user behavior over time across third-party websites in order to send targeted advertisements. You can learn more about DNT, including how to set your browser’s settings, here: https://allaboutdnt.com/.
2. How does NeonMob use information about me?
Fulfillment of Requests You’ve Made. NeonMob may use Personal Data about you to fulfill requests made by you such as to respond to your email inquiry or fill your order.
Purchases. When you make a purchase through the Site or a Mobile App, as noted above, your payment information is collected through Stripe and PayPal. We use this information in order to fulfill your purchase.
Administrative or Transactional Communications. From time to time, we may use Personal Data about you to send to you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative or transactional information. These are specifically not marketing communications. Because this information may be important to your use of the Services, you may not opt-out of receiving such communications.
Testimonials. As you are informed prior to submitting testimonials or stories to us through the Services, we may make such information public or use such information in our promotional materials.
Marketing Communications. We may send you marketing communications, such as newsletters, but only after we obtain your explicit consent. In other words, we’re never going to automatically add you to a mailing list or other marketing communication list - we’ll specifically ask you to opt-in to the communications you want to receive. If you do consent to receive marketing communications through your affirmative opt-in, you’ll be receiving things like newsletters and offerings of new products, services or recommendations. Even if you do want to get marketing messages from us, you’ll be able to revoke your consent at any time.
E-mails to Friends. We may provide functionality to permit you to send messages regarding Services-related content to a friend through the Site or a Mobile App. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's e-mail address so that we can facilitate your sending of such message to your friend. Please make sure that you have the right to submit your friend's email to us. We will not use your friend's information other than to facilitate your sending of this one-time message.
Promotions. We may operate sweepstakes, contests and similar promotions (collectively, the "Promotions") through the Services. We typically ask you for certain Personal Data when you enter and, if applicable, win a Promotion. We will use your email address to contact winners. You should carefully review the rules, if any, of each Promotion in which you participate through the Services, as they may contain additional important information about our use of Personal Data about you. To the extent that the terms and conditions of the Promotion rules concerning the treatment of Personal Data about you conflict with this Privacy Policy, the terms and conditions of the Promotion rules shall control.
Internal Business Purposes. We may also use Personal Data about you for our internal business purposes, such as data analysis, audits, order fulfillment, workflow planning and other similar purposes.
Compliance with Applicable Law. We may need to collect and retain Personal Data about you in order to comply with applicable laws and to respond to requests from public authorities, including public authorities outside your country of residence.
3. To whom does NeonMob disclose information about me?
NeonMob does not share, rent or sell your information to another company in ways other than disclosed in this Privacy Policy.
Third Party Agents and Service Providers. We work with third-party agents and service providers who may provide services including but not limited to data analysis, payment processing, order fulfillment, printing and other services of an administrative nature. We may share Personal Data about you with third parties for the purpose of enabling these third parties to provide these types of services (for example, if you choose to make a purchase through the Site or Mobile App, we may share Personal Data with our third-party service providers to fulfill your purchase, including, without limitation, to process your credit card or payment account number or to ship products to you). NeonMob requires that its agents and service providers that have access to such Personal Data properly safeguard that Personal Data and use it only for the purpose that it was collected and not for their own promotional marketing, including, when applicable, having protective data processing agreements in place with our third-party processors (“data processors”).
E-mails to Friends. Please note that any Personal Data you provide in connection with sending messages regarding Services-related content to a friend through the Site or Mobile App, such as your name and your e-mail address, will be disclosed to your friend.
Information Posted by Visitors. NeonMob may make available through the Services functionality to which you are able to post information and materials (for example, on message boards, forums, chat functionality and blogs, among other services). Please note that any information you disclose through the Services becomes public information, and may be available to other users of the Services and to the general public. We urge you to exercise discretion and caution when deciding to disclose Personal Data, or any other information, on the Services. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE SERVICES.
Testimonial Copy. If you submit a story or testimonial to NeonMob, we may make those comments public or incorporate them into our promotional materials.
Assignment. We may transfer any and all information that we collect from users of the Services to a NeonMob affiliate or a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of NeonMob's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
Others. In addition, NeonMob may (and you authorize NeonMob to) share your Personal Data with third parties:
if NeonMob determines that it is required to do so by law or to comply with legal process;
to respond to a request from the government or another public authority;
to prevent prohibited or illegal activities;
to assist or support a third party's theft investigation involving NeonMob services or a third party's theft prevention efforts relating to their products;
to enforce our terms and conditions or any of our policies or usage guidelines for specific products or services;
if it is necessary in NeonMob's opinion to do so to prevent, investigate, detect or prosecute criminal offences or attacks on the technical integrity of the Services or NeonMob’s network;
if it is necessary in NeonMob's opinion to do so to protect the rights, privacy, property, or safety of NeonMob or its employees, NeonMob affiliates, the users of its Services, or the public;
to enforce NeonMob’s rights against you or in connection with your breach of this Privacy Policy or NeonMob’s Terms of Use;
to permit us to pursue available remedies or limit the damages that we may sustain; or
if NeonMob has your consent.
4. What does NeonMob do to protect the Personal Data transmitted through the Services?
We will take the appropriate legal, organizational, and technical measures to protect Personal Data to protect Personal Data, including sensitive information such as credit card information, from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, regardless of the effectiveness of our security measures, no security system is impenetrable. We ask that you do your part by, at a minimum, keeping any computer passwords you use to access the Internet strictly confidential. If at any time you believe that your interaction with the Services is no longer secure, please let us know as soon as possible.
5. How can I remove or transport my Personal Data?
You can remove any information you provide via the Services at any time by logging in to your account. When you request that we delete your NeonMob account, your data will be permanently expunged from our primary production servers and further access to your account will not be possible. We may, however, retain certain information related to your account on backup servers. We do so in order to ensure that we may continue to enforce our Terms of Use, as well as, where relevant, comply with applicable law.
6. What about linked sites and third-party software and applications?
For your convenience, NeonMob may include links to or allow its Services to connect to third party sites, products and services (the “Third Party Services”). You should carefully review security/privacy policies of any Third Party Services accessible from or connected to our Services. Such Third Party Services have their own policies and data collection, use, and disclosure practices. Please consult each applicable third party’s policies and practice. NeonMob is not responsible for the policies or practices of such third parties. The information practices of those Third Party Services are not covered by this Privacy Policy. These Third Party Services may send their own cookies to users, collect data, or solicit Personal Data.
If you choose to download and use Third Party Services for use in connection with NeonMob Services, you should read carefully the terms of use for such Third Party Services and the privacy statements of such third parties. NeonMob is not responsible for the collection, use or disclosure of any information you share with any third parties.
7. Does NeonMob offer opt-outs relating to marketing?
If and when you create a NeonMob account you may be presented with the opportunity to receive (opt-in) marketing-related emails from NeonMob, as noted above. If you no longer wish to receive the marketing-related emails you’ve requested from us, you may opt out of receiving these emails by following the unsubscribe instructions within each email communication or by logging into your NeonMob account and changing your email preferences.
You may also send us an email at support@neonmob.com.
Special Notification for California Residents — Your Privacy Rights. Individual customers who reside in California and have provided Personal Data to NeonMob may request information about NeonMob's disclosures of certain categories of Personal Data to third parties for their direct marketing purposes. Such requests must be submitted to us at the address listed below.
8. How can I access or change information about me?
If you would like to request access to Personal Data about you or if you would like to request that NeonMob correct, amend, suppress or delete Personal Data through its Services please contact NeonMob at support@neonmob.com. NeonMob will respond to your request for access within 15 days. Please note, however, that certain Personal Data may be exempt from such access, correction, objection, suppression or deletion rights pursuant to applicable data protection laws or the EU/US Safe Harbor.
9. What is NeonMob's policy regarding children's use of NeonMob's services?
NeonMob does not permit the use of our Site, Mobile Apps or Services from any users under the age of 13. If you are a parent or guardian, and you learn that your minor children have provided us with Personal Data without your consent and knowledge, please contact us immediately. If we become aware that we have collected Personal Data from children without verification of parental consent, we will immediately take steps to remove that information from our servers.
10. Where can I learn more about using the Internet and protecting my privacy?
The United States Federal Trade Commission has a web page http://www.ftc.gov/privacy/index.html devoted to providing you with information about protecting your privacy online. NeonMob encourages you to familiarize yourself with the concepts discussed on this page. If you are a resident of the European Union, and you are not satisfied with the outcome of your complaint submitted to us, you have the right to lodge a complaint with your local data protection authority.
11. What are NeonMob's policies on data retention and integrity?
We respect data minimization principles, which is a fancy way of saying we only collect the minimal amount of Personal Data required for legitimate business purposes. We will retain Personal Data about you for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required by law and/or regulations. We also take reasonable steps to ensure that Personal Data we process is reliable for its intended use, accurate, and complete as necessary to carry out the purposes described in this Privacy Policy.
12. Privacy Policy Changes
If NeonMob makes changes to this Privacy Policy, these changes will be posted on the Site in a timely manner and we will also email you to the address we have on file. NeonMob reserves the right to modify this privacy statement at any time, so please review it frequently. You can determine when this Privacy Policy was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to this Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Site. Use of the Services following such changes constitutes your acceptance of the revised Privacy Policy then in effect.
13. Jurisdictional Issues
The Services are controlled and operated by NeonMob from the United States. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
14. Contact Us
NeonMob welcomes your questions and comments about security and privacy. If you have any questions or concerns, please send an e-mail to support@neonmob.com. We will investigate and attempt to respond to any question or resolve complaints and disputes in a timely fashion.
NEONMOB, INC. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS:
Effective Date: January, 2020
Last Reviewed: June 1, 2020
This Privacy Notice for California Residents supplements the information set forth in the Privacy Policy above and applies solely to all visitors, users, and others who reside in the state of California (“consumers” or “you”). NeonMob, Inc. adopts this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA shall have the same meaning when used in this Notice.
Information We Collect:
NeonMob, Inc. collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked (directly or indirectly), with a particular consumer or device (“personal information”). In particular, the NeonMob, Inc. Site has collected the following categories of personal information from its consumers within the last twelve (12) months;
Personal information does not include:
Publicly available information from government records;
De-identified or aggregated consumer information;
Information excluded from the CCPA’s scope, such as
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPPA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), the California Financial Information Privacy Act (FIPA, and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms or fields that you complete on the Site.
Indirectly from you. For example, from observing your actions on our Site or interactions with our third-party providers.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask us a question about our services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery of the product or service to you.
To provide you with information, services, or support that you request from us, including to investigate and address your concerns and to monitor and improve our responses.
To provide you with email alerts or other notices concerning our products or services, events or news that may be of interest to you.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and NeonMob, Inc., including for billing and collections.
To improve our Site and present its contents to you.
For research, analysis and product and/or service development.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category 1: Identifiers
Category 2: California Customer Records personal information categories
Category 4: Commercial Information
Category 6: Internet or Network Activity
We disclose your personal information for a business purpose to the following categories of third parties:
Service providers
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Upon our receipt and confirmation of your verifiable consumer request, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Upon our receipt and confirmation of your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:
Emailing us at support@neonmob.com.
Visiting us at www.neonmob.com.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We can only respond to your request or provide you with personal information if we can verify your identity or authority to make the request and confirm the personal information relates to you. You are not required to establish an account with us to make a verifiable consumer request. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity and/or authority to make the request.
Response Timing and Format
We try to respond to a verifiable consumer request within 45 days of our receipt. If we require more time (up to 90 days), we will tell you the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. The disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. Our response may also explain the reasons we cannot comply with a request, if applicable. If you make a data portability request, we will select a readily useable format to provide your personal information and allow you to transmit the information from one entity to another entity without hindrance.
There is no fee process or respond to your verifiable consumer request unless we determine it is excessive, repetitive, or manifestly unfounded. If we assess a fee, we will tell you why we made that decision and provide you with a cost estimate prior to completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage, including the effective date of the notice. Your continued use of our Site following the posting of the changes constitutes your acceptance of the changes.
Contact Information
If you have any questions or comments about this Notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at support@neonmob.com.
© 2020 NeonMob, Inc.