Phunware shall maintain commercially reasonable standards and procedures to address the configuration, operation, and management of its systems and networks, services, as well as data owned by Customer.

Such standards and procedures shall include commercial or professional-grade (a) security controls, (b) identification and patching of security vulnerabilities on a commercially reasonable schedule, (c) use of anti-virus software, (d) change control processes and procedures, (e) problem management, and (f) incident detection and management.

Phunware shall provide a minimum of 99.9% uptime for all the hosted network components and functionality of the Phunware Software as measured on a calendar quarterly basis, over a twenty-four (24) hour period of all days during such calendar quarter and excluding those periods of time designated as scheduled downtime which shall not exceed 60 minutes per month. In no event shall Phunware uptime obligations be subject to any downtime, intermittent or inconsistent performance by any Customer or third party system, API, web service or similar integrated to any Phunware Software.

If Phunware does not maintain 99.9% uptime during any calendar quarter, customer is entitled to one month’s service fee as the sole and exclusive remedy. Uptime is measured by the customer’s ability to login and use the software. Customer may request a credit by emailing their account representative.

Exclusions to the uptime guarantee include but are not limited to scheduled downtime, failure of third-party systems that Phunware has no control over or any issues with customer’s network or hardware in accessing the software.

Phunware shall use its logs and other reporting tools to verify up time.

Privacy Policy

Last Updated: April 7, 2017

Welcome, and thank you for your interest in Phunware, Inc. (“Phunware“, “Provider,” “we,” or “us“) and our Web site at www.phunware.com (the “Site“), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Privacy Policy (this “Policy“) is displayed (collectively, together with the Site, our “Services“).  We provide Services to our customers (“Customer,” “you,” and “your“), and in connection with these Services, we may collect, use, and disclose certain information from our Customer’s end users (each a “User“), including in connection with our Multiscreen as a Service, engageME, manageME, LocalPoint, Digby, TapIt, Simplikate, and other products or services for which a link to this Privacy Policy is displayed. This Policy describes the information that we gather from Customers and Users on or through the Services, how we use and disclose such information, and the steps we take to protect that information. By using the Services, you consent to the privacy practices described in this Policy. Our Customers may offer their own services, applications, or other offerings, and this Policy is not the privacy policy for those Customer offerings or any other website, service, application, or other offering that is accompanied by a different privacy policy.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

TRUSTe Privacy Certification

To EU Customers:

Phunware complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Phunware has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Furthermore:

You may choose to opt out from this ad targeting through the process described in our opt out page https://www.phunware.com/privacy/optout.

Phunware is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) and under certain conditions, individuals may invoke binding arbitration as well as learn more about Phunware’s liability in cases of onward transfers to third parties at: https://www.privacyshield.gov/EU-US-Framework.

  • 1. The information we collect:
    • 1.1. For the Services:
      • 1.1.1. Customer-provided Information. When you use the Services, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Services. For example, you may provide us with personal information when you register for an account, use the Services, or send us customer service-related requests.
      • 1.1.2. “Cookies” Information. When you use the Services, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Services. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Services, you may not be able to utilize some central features of the Services.
      • 1.1.3. “Automatically Collected” Information. When you use the Services, we and/or our business partners may automatically record certain information from your device by using various types of technology, including but not limited to “clear gifs”,“web beacons”, or “pixel tags.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Services, the pages or other content you view or otherwise interact with on the Services, and the dates and times that you visit, access, or use the Services. We also may use these technologies to collect information regarding your interaction with messages sent to you, such as whether you opened, clicked on, or forwarded a message.
      • 1.1.4. Analytics. We may use and/or provide your information to third parties that help us better understand how you and other Customers use our Services. For example, we may use a third-party service called Google Analytics and permit Google to use technologies such as web beacons and cookies to collect certain non-personally identifiable information that helps us understand usage of our Services. We may permit Google and other third party analytics providers to combine information collected through our Services with information collected from third party services, and those analytics providers may use this information to help us better understand users of our Services, and those analytics providers may also use this information to help their other customers better understand their users. These analytics permit the re-identification of data by third parties.
      • 1.1.5. Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Services that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Services. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and Phunware does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
      • 1.1.6. Integrated Services. You may be given the option to access or register for the Services through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Facebook credentials through Facebook Connect, Google credentials via Google +, or otherwise have the option to authorize an Integrated Service to provide personal information or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Services.
      • 1.1.7. Information from Other Sources. We may obtain information, including personal information, about our Customers or their Users from third parties and sources other than the Services, such as our partners, advertisers, and Integrated Services. For example, we may receive information collected from wireless access points, including Media Access Control (MAC) addresses, which we may use in connection with providing our Services. If we combine or associate information from other sources with personal information that we collect through the Services, we will treat the combined information as personal information in accordance with this Policy.
    • 1.2. From Users: The information we may collect from Users of our Customers’ services, applications, or other offerings varies based on the particular Services utilized by our Customers and may include:
      • 1.2.1. information that allows us to identify the particular Customer service, application, or offering used by each User through a single device or combination of devices such as using a computer, tablet and smart phone in proximity. Note: the user may always exercise choice by setting their device not to share such data. Please refer to your specific hardware’s “preferences” or “settings” or similar section to restrict sharing of data.
      • 1.2.2. information about a User’s hardware device as well as the configuration of the device such as the manufacturer, model number, the operating system, carrier, the IP address, battery level, wifi connection status information, network status, language, locale, time zone, unique identifiers associated with the device such as the identifier for advertisers, identifier for vendors, unique device identifier, the Android Advertiser ID, International Mobile Equipment Identity (IMEI), and MAC address;
      • 1.2.3. information about the location of a User’s device over time, such as the device’s latitude and longitude, as well as information regarding the User’s location over time within a building or structure. Location information may be tracked across different devices that you have linked, meaning that if you consent to the collection of location information on one device, we may collect location information across all of your devices linked to the device in which you gave consent or across multiple devices in proximity to each other in which you gave consent on each device.
      • 1.2.4. the content and other materials displayed to Users through the Services and other information about Users’ interactions with our Customers’ services, applications, or other offerings, including the features used over time;
      • 1.2.5. information about when and for how long Users use a service, application or other offering connected with our Services;
      • 1.2.6. we and other third parties, including our business partners, may track User activity across a User’s different devices (e.g. smartphone, tablet, desktop computer, and other connected devices that are linked or in which consent has been given on each device); when multiple devices are used in proximity (e.g. you are logged in to an iPhone®, iPad® and Mac laptop in proximity to each other and they are all linked via your Apple® ID), then our system may see them as a “single” device and behavior pattern, and process data accordingly.
      • 1.2.7. other information that a User may submit in connection with their use of a Customer’s service, application, or other offering including personal and demographic information such as a User’s name, gender, age, address, city, state, zip code, and phone number.
  • 2. How we use the information we collect. We use information we collect on the Services in a variety of ways in providing the Services and operating our business, including the following:
    • 2.1. We use the information that we collect through the Services to operate, maintain, enhance and provide all features of the Services, to provide services and information that Customers request, to respond to comments and questions and otherwise to provide support to Customers.
    • 2.2. We use the information that we collect through the Services and from third parties to understand and analyze the usage trends and preferences of Customers and Users, to improve the Services, and to develop new products, services, features, and functionality.
    • 2.3. We may use your email address or other information we collect on the Services (a) to contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to your certain content posted on the Services or (b) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, we offer the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”
    • 2.4. We may use “cookies” information and “automatically collected” information we collect on the Services to:  (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Services; (b) provide customized advertisements, content, and information; (c) monitor and analyze the effectiveness of Services and third-party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities on the Services.
    • 2.5. Analytics Services. We may provide Customers with certain analytics information collected from Users of that Customer’s services, application, and other offerings integrated with our Services. In addition to providing that analytics information, we may also combine that information with aggregated and anonymous information collected from Users through non-affiliated services, applications, and other offerings integrated with our Services in order to provide additional analytics or re-identification information and insights. Additionally, we may use this information in a manner that would re-identify you personally.
    • 2.6. Interest-Based Ads. We may combine and use the information collected across non-affiliated Customer services, applications, and other offerings, as well as information about Users collected across different devices and from third parties, in order to enable advertisers to purchase and target ads to Users based on certain criteria or User interests. These targeted ads may be displayed within our Customers’ services, applications, or other offerings integrated with our Services, or may be displayed on third-party services, applications, websites, or other offerings. For example, we could help advertisers to make advertisements available to Users that fit into certain categories, such as Users that access particular types of content, whose devices visit particular locations, or who fall within certain demographic categories. Users may choose to opt out from this ad targeting through the process described in our opt out page https://www.phunware.com/privacy/optout. A User may also learn more about Interest-Based Ads by clicking here. If a User opts out from receiving interest-based ads, we or other advertisers may continue to present that User with advertisements but those advertisements may be less relevant or useful to that User. Please note that this opt out does not apply to cross-device tracking or other forms of tracking.
    • 2.7. We may also use your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.  We may use User information as may be described in a notice to a User at the time the information is collected, or in any other manner to which the User consents.
  • 3. When we disclose information. We may disclose information to third parties in the following circumstances:
    • 3.1. Any information that a Customer voluntarily chooses to include in a publicly accessible area of the Services.
    • 3.2. We work with third party service providers to provide website or application development, hosting, maintenance, data matching, targeted advertising, and other services for us. These third parties may have access to or process Customer or User information, including personal information, as part of providing those services for us or others.
    • 3.3. We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (a) compliance with various reporting obligations; (b) for business or marketing purposes; or (c) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Services.
    • 3.4. We may disclose certain User information we collect in connection with Services to the Customer that is associated with the service, application, or other offering through which we collected that information. We may also disclose User information for the purposes of data analytics and targeted advertising.
    • 3.5. We may disclose Customer or User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
    • 3.6. We also reserve the right to disclose Customer or User information that we believe, in good faith, is appropriate or necessary to (a) take precautions against liability, (b) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (c) investigate and defend ourselves against any third-party claims or allegations, (d) protect the security or integrity of the Services and any facilities or equipment used to make the Services available, or (e) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property or safety of others.
    • 3.7. Information about Customers and Users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
    • 3.8. We also may disclose Customer or User information as may be described in a notice to a Customer or User, respectively, at the time the information is collected, or in any other manner to which the Customer or User consents.
  • 4. Your Choices. If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email at privacy@phunware.com or by writing to us at the address given at the end of this policy.

    Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Services. If your personal information changes you may correct, update, request to delete/remove it by emailing our Customer Support at support@phunware.com. We will respond to your request to access within 30 days. We will retain indefinitely the data collected from our clients for basic Online Behavioral Advertising (“OBA”) purposes that leverage broad-based behavioral mappings, e.g. deviceID is a business traveler. To learn more about OBA, click here: https://www.truste.com/consumer-privacy/about-oba/

    Please note that there is currently no uniform way in which to respond to Do Not Track signals, and at this time we do not respond to such signals.

  • 5. Third-Party Services. The Services may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Services. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Services. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
  • 6. Consents. In addition to the notice of our information collection, use, and disclosure practices in this Policy, and any consent thereto by Users, our Customers are responsible for providing any and all additional required notices to Users of, and for obtaining any and all additional required User consents to, the information collection, use, and disclosure practices set forth in this Policy.
  • 7. Children’s Privacy. Protecting the privacy of young children is especially important. Our Services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If you are under 13 years of age, then please do not use or access the Services at any time or in any manner. If we learn that personally identifiable information has been collected on the Services from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Services or that we may have collected information from that child through our Services, then you may alert us at privacy@phunware.com and request that we delete that child’s personally identifiable information from our systems.
  • 8. Data Security. We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of the personally identifiable information that we collect. We cannot, however, ensure or warrant the security of any information transmitted to us or stored or collected in connection with the Services, and you make that information available to us at your own risk. We also cannot guarantee that this information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

    If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@phunware.com.

  • 9. Privacy Settings. Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Services. Additionally, we cannot control the actions of other users with whom you may choose to share your information such as through an online comment. Further, even after information posted on the Services is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. We cannot and do not guarantee that information you post on or transmit to the Services will not be viewed by unauthorized persons.
  • 10. International Visitors. The Services are hosted in the United States and is intended for visitors located within the United States. If you choose to use the Services from the European Union or other regions of the world with laws governing data collection, use, or disclosure that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal information, on or to the Services, you consent to such transfer, storage, and processing.
  • 11. Changes and Updates to this Policy. Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Site or otherwise on the Services, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Services prior to the changes becoming effective. Your continued use of the Services after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of the Policy.
  • 12. Our Contact Information. Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at privacy@phunware.com.

    Phunware, Inc.
    7800 Shoal Creek Blvd.
    Suite 230 S
    Austin, TX 78757

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