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Our Privacy Policy

Last Revised: July 10, 2017

This Privacy Policy explains the practices of Cybba Inc. (“Cybba”, “we”, “us”, or “our”) regarding information we obtain by and through your use of Cybba’s website, located at www.cybba.com, (the “Site”) and the services provided through the Site (the “Services”). It also describes your choices regarding use, access and correction of your personal information. This Privacy Policy, together with the Terms & Conditions, governs your use of the Services. If you have questions or complaints regarding our privacy policy or practices, please contact us.

By using the Site or the Services, you are accepting and consenting to the use of your information as described in this policy.

The use of information collected through the Services shall be limited to the purpose of providing the service for which you have engaged Cybba. Cybba collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Cybba’s Client (the data controller). If requested to remove data, we will respond within a reasonable timeframe. We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. Cybba will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

1. Acceptance of the Privacy Policy.

Each time you access, use or browse the Site or interact with Services, you signify your acceptance of the then-current Privacy Policy. If you do not accept this Privacy Policy, please do not provide information to us.

Should the Privacy Policy be revised, we will notify you by means of a notice on this website prior to the change becoming effective. Material changes in the manner that we use or share personally identifiable information that applies to information collected prior to the posting of the revised Privacy Policy, will only be made in accordance with applicable law. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” legend at the top of this page.

2. Information We May Collect From You.

Using the Services. We collect certain information to help us operate and provide the Services to you. We collect this “Technical Information” when you use the Services, including:

  • ƒInformation about the device(s) you use to access the Services, including MAC address, IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device type, and device identifiers; ƒ
  • Information about your visits to the Site, including the full URL clickstream to, through and from pages on the Site (including date and time);
  • Information we need and use to facilitate your use of the Site (including to provide access to third party websites and services), such as URL requests, destination IP addresses, or device configuration details;
  • Pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page

Information You Provide to Us. If you send us an email, fill out a feedback form, call us, or choose to communicate with us in another way, we will collect that information in order to respond to your request, feedback, or question. We will use and share information you provide to us only as described in this Privacy Policy.

Personally Identifiable Information. Some of the information we collect through your use of the Services or communications with us, such as your name or email address, may personally identify you. We will treat this information as “Personally Identifiable Information.” We will also treat as Personally Identifiable Information any non-identifiable information that is combined with Personally Identifiable Information.

Aggregate or Anonymized Information. We may combine Technical Information or non-Personally Identifiable Information about your use of the Services w

3. Other Collection of Information.

We will not ask for or request sensitive information such as government identifiers, medical information, or financial information (other than for payment of optional services). Please do not provide this information to us through emails, feedback forms or in any other way.

We may offer additional paid products and services. These products and services are separate from the Services, but this Privacy Policy will also apply to information we collect in connection with such paid products and services. For paid products and services, we will collect payment information in order to process any order from you.

4. How Your Information May Be Used.

We may use any information we collect to:

  • Allow us to operate the Services, including administration, internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • ƒ Manage your access to the Services;
  • ƒ Send you information that allows you to use the Services;
  • Comply with laws and regulations, such as to comply with a subpoena, bankruptcy proceedings, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • ƒ Maintain the security of the Services.

We may use Technical Information or non-Personally Identifiable Information to:

  • ƒ Improve the Services and present content in the best way for you and for your device(s);
  • ƒ Serve advertisements on websites we provide that relate to the Services;
  • Measure or understand the effectiveness of advertising we serve to you and other customers like you, and to deliver relevant advertising to you

We may use your information, including Personally Identifiable Information, to:

  • ƒ Provide you with information about goods or services that may interest you;
  • ƒ Send you emails about updates, information, or alerts regarding the Services.

5. How We Share Your Information.

We may share any information, including Personally Identifiable Information with:

  • Service providers and sub-contractors to the extent reasonably necessary to enable us to provide the Services. These companies are authorized to use your personal information only as necessary to provide these services to us;
  • A third party that acquires Cybba or a majority of its assets, if that third party obtains the rights to provide the Services and subject to the provisions of this Privacy Policy;
  • ƒ A third party with whom we must legally share information about you;
  • ƒ You, upon your request;
  • ƒ Other third parties with your express consent to do so.

We may share non-Personally Identifiable Information, aggregate or anonymous data:

  • ƒ With analytics, search engine, or other service providers that help us improve the Services;
  • In the event that we receive a request from a governmental entity to provide it with your Personally Identifiable Information, we will take reasonable attempts to notify you of such request, to the extent possible.

6. Our Use of Cookies and Other Tracking Mechanisms.

As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We do not link this automatically collected data to other information we collect about you.

We and our marketing partners, affiliates, or analytics or other various service providers, use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, tracking users’ movements around the website, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

When you use the Services, Cybba’s servers will automatically record information that your browser sends. This information may include, but is not limited to, unique identifiers associated with the computing and/or mobile device, operating system type, Internet Protocol (‘IP’) address, browser type, user session duration, traffic data, location data, search data, transaction data and other communication data.

Like many websites, the Site may also use cookies, web beacons or similar technologies to collect information about how our Services are used. 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 portions of the Services or all functionality of the Services.

We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

We use Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use Flash cookies and HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

Frames

Some of our pages utilize framing techniques to serve content to/from our partners while preserving the look and feel of our website. Please be aware that you are providing your personal information to these third parties and not to Cybba’s Site.

7. Your Choices.

You have certain choices to control the collection and use of information about you by the Services. By opting out of website or mobile device tracking, you can limit the information that is collected and/or how it is used. If your personal information changes, or if you no longer desire our service, you may correct, update, amend, or ask to have it removed from a public forum on our site or deactivate it by making the change on our member information page or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request within a reasonable timeframe.

8. Opt-out Process for Websites.

For websites who use the Services, Google® allows individuals to opt-out of certain interest-based advertising through its platform. You can review and modify these choices. The websites you visit may still collect information for other purposes. You may need to separately set your preferences for each browsers or device that you use. Deleting browser cookies may remove your opt-out preferences, so we recommend that you visit this site periodically to review your opt-out settings.

For mobile applications that use the Services, you may choose to opt-out through your device settings.

9. Links to Other Websites.

This Privacy Policy applies only to the Services provided by Cybba, not to any third party websites. Please contact the third party websites directly for information on their privacy, security, data collection and distribution policies

10. Security.

We have reasonable security measures in place intended to protect against the loss, misuse or alteration of any personal information collected. However, we are unable to guarantee that the security measures we take will not be penetrated or compromised or that your information will remain secure under all circumstances.

11. Data Retention.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

12. Children.

We do not knowingly collect Personally Identifiable Information from children under the age of 13 via any App or Website. We do not allow our services to be used to create interest-based profiles based on information collected from child-directed apps. If you have reason to believe that your child under the age of 13 has provided Personally Identifiable Information to Cybba, you may contact us as described below if you would like us to delete that information from our databases and we will endeavor to fulfill your request.

13. California (USA) Privacy Rights – Notice to Residents of Compliance

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“California Privacy Act”) and the California Business and Professions Code.

As required by the California Privacy Act, this Privacy Policy identifies the categories of personally identifiable information that Cybba collects through its Services about individual users who use or visit the Services and the categories of third party persons or entities with whom such personally identifiable information may be shared.

California Civil Code Section 1798.83 permits users of the Services who are residents of California to request certain information regarding the disclosure of personal information by Cybba to third parties for direct marketing purposes and a description of the categories of personal information shared. To make such a request, please send an e-mail to us at info@cybba.com and include the phrase “California Privacy Request” in the subject line. The body of the California Privacy Request should include the domain name of the website you are inquiring about as well as your personal contact information (e.g., your name, address and email address). Cybba support staff will respond to your request within thirty (30) days of its receipt of such a request.

14. Changes to this Privacy Policy.

We may change this Privacy Policy from time to time, and will post prior notice of any such changes on the Site. Our use of information collected prior to a material change in this Privacy Policy shall continue to be governed by the Privacy Policy that is in effect at the time the information was collected, unless you opt in to allow the information to be governed by the new policy. Please refer back to this Privacy Policy on a regular basis.

15. Questions or Feedback

If you have any questions or comments regarding our privacy policy and practice, please email us at info@cybba.com.

EFFECTIVE DATE: July 10, 2017

Terms & Conditions

These Terms govern the use of the websites and online services owned and operated by Cybba Inc. (“Cybba”, “we”,“us”, or “our”), including the website www.cybba.com (the “Site”), and the services provided via the Site (the “Services”). By using the Sites and/or Services, you confirm that you agree to become bound by these Terms and that you agree to comply with them. If you do not agree to all the Terms, you may not access the Site or use the Services.

Modifications of Terms

Amendments to these Terms can be made and effected by us from time to time without specific notice to your end. The Terms posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site. Any such changes are binding on you.

Use of the Services

Our Services provide e-commerce sales conversions of visitors on our client’s website. You may use the Site and Services for lawful purposes only, but in no event shall you use such:

  • If you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our Site, Services, or tools.
  • ƒ To collect information about users’ personal information.
  • ƒ To post false, inaccurate, misleading, defamatory, or libelous content.
  • In any way that violates these Terms or any applicable law or regulation or has any unlawful or fraudulent purpose or effect.
  • To engage in any way in unlawful, unsolicited or unauthorized advertising or promotional material or similar solicitation.
  • To introduce malicious programs into Cybba’s network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.) or attack our Site via a denial-of-service attack or a distributed denial-of service attack.

In addition, you agree:

  • Not to attempt to gain unauthorized access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services.
  • Protect the confidentiality of your account and password. You must immediately notify us of any unauthorized use of them or any other breach of security.
  • ƒ To comply with all applicable laws, statutes and regulations concerning your use of our services.
  • Not to reproduce, duplicate, copy or re-sell our Site or Services or any portion thereof in contravention of the provisions of these Terms.
  • Not to access without authority, interfere with, damage or disrupt any part of our Site or Services, including any equipment or network used to store or provide such.
  • Not to access without authority, interfere with, damage or disrupt (including attempting to probe, scan or test the vulnerability and monitoring data or traffic), or to breach the security or authentication measures of Cybba’s Site or Services (including, without limitation, any equipment or network storing such, any software used to provide such, or any equipment or network or software owned or used by any third party).

Your account and password

By using our services, you warrant that you are at least 18 years old. When you register an account for our services, you will be asked to provide information about yourself. Such information should be true and accurate and you should ensure it is kept up-to-date.

If you choose to use our services and register as a user, you will be provided with a user identification code and password. You may also be required to provide further information as part of our security procedures. You must treat any such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@cybba.com.

Term and Termination

These Terms will remain in full force and effect while you use our Services. You may terminate your Service with us at any time. You may discontinue use of our Services by removing our code from your website. We may terminate our Service to you for any reason at any time. Even after your Service is terminated, certain sections of these Terms will remain in effect. We reserve the right at our sole discretion to determine whether there has been a breach of these Terms through your use of our Services. When a breach of these Terms has occurred, we may take such action as we deem appropriate.

Disclaimer of Warranties and Limitation of Liability

THE SERVICES AND SITE ARE PROVIDED BY CYBBA ON AN “AS IS, AS AVAILABLE” BASIS, CYBBA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, SERCURITY OR FITNESS FOR A PARTICULAR PURPOSE. CYBBA MAKES NO GUARANTEES THAT YOUR USE OF THE SITE OR SERVICES WILL INCREASE YOUR SALES OR PRODUCTS OR SERVICES. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND OR DISCONTINUE OUR SERVICES OR SITE OR ANY PART OF IT AT ANY TIME. CYBBA SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYBBA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.

CYBBA DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL BE UNINTERUPTED OR OPERATE ERRORFREE OR THAT ITS SERVICE, SITE AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTTIONS OR ERRORS. IF THE USER`S USE OF THE SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CYBBA IS NOT RESPONSIBLE FOR THOSE COSTS. WHEN YOU USE OUR SERVICES OR SITE, YOU UNDERSTAND AND AGREE THAT SUCH USE IS AT YOUR OWN RISK.

CYBBA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CYBBA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CYBBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

You agree to indemnify and hold Cybba (and its partners, affiliates, directors, officers and employees) harmless, from and against any claim or demand (including reasonable legal fees) arising from any violation by you of these Terms. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at our expense.

Intellectual Property Rights

You hereby acknowledge that Cybba is the owner or licensee of all rights, titles and interests, including but not limited to rights covered by the intellectual property rights (including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations, tools and software), in and to our Site and Services. All rights not expressly granted under these terms are reserved by Cybba.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.

You may not use any data mining, robots, web-crawlers or similar data gathering or extraction tools with respect to the Site or Services. You may not modify, reproduce, copy, republish, re-post, transmit, hyperlink, merge, publicly display or distribute any part of the Site or Services for any public or commercial purpose.

Confidentiality

You agree not to disclose information you obtain from us. All information submitted to by an end-user customer is proprietary information of Cybba.com and its licensees. Such customer information is confidential and may not be disclosed. Publishers agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Refund Policy

Cybba subscriptions, advertising, and retargeting are non-refundable and Cybba is not obligated to provide you a refund at any time. We may, at our discretion, provide credits toward future subscription, advertising, or retargeting charges on a case-by-case basis.

Data Rights and Retailer Privacy

In consideration for use of our platform, you agree that we may collect data related to an End User’s use of the Services including an End User’s sharing of Publisher Content (referred to as the “Data”). Our data collection, use and disclosure practices are described more fully in our Privacy Policy and include the use of log information and cookies that record anonymous (i.e., non-personal) information about End Users. In addition, we may aggregate your Non-Personally Identifiable Information with the Non-PersonallyIdentifiable Information of others and share that aggregated information with third parties without restriction. When an End User downloads a page that contains our JavaScript code, we may deploy a cookie on our own behalf or on behalf of one of our data partners, to record information about how an End User uses the web, such as the web search that landed the End User on a particular page or categories/products that the End User is in-market for. We may use the Data to target advertising toward the End User or authorize others to do the same. If you allow us to place our cookies, you grant us a non-exclusive, irrevocable, worldwide and perpetual right and license to collect, use and disclose the Data as provided in our Privacy Policy and to allow our third party data partners to do the same. We will retain custody and ownership of all data and information collected or obtained by us from users through our network of widgets and we provide any data to you as a service. You own all data that you collect directly from the users of our services. You may not share, disclose, license or otherwise provide Analytics Data to any third party advertising networks without our prior written consent.

Third party sites and linked content

Our Sites and Services may include links to other websites on the Internet that are owned and operated by third parties. You acknowledge that Cybba is not responsible for the availability of, or the content located on or through, any third party websites. You should contact the respective websites’ administrator or webmaster for those third-party websites if you have any concerns regarding the content located on such. Use of third-party websites is subject to the terms of use and privacy policies of each website, and we are not responsible therein. Cybba encourages all users to review terms of use and privacy policies of third parties’ websites.

Electronic Communication

You consent to receiving electronic communications from us and represent and warrant that the recipient of every electronic communication sent in connection with your use of our Site and Services has agreed to receive such and that you shall not use the Site or Services to send unlawful, unsolicited electronic communications.

Other Terms

If any provision of these terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that the Terms and any other agreements referenced herein may be assigned by Cybba, in our sole discretion, to a third party in the event of a merger or acquisition. You agree that by accepting these Terms, you are consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

Governing Jurisdiction of the Laws of Massachusetts

These Terms shall be governed by and construed in accordance with the substantive laws of Massachusetts, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Massachusetts, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

Any dispute arising under this Agreement shall be finally settled on an individual basis in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court.

In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and legal fees.

Contacting Us

If there are any questions regarding this our Terms, you may contact us at info@cybba.com.

This policy was last modified on July 10, 2017.