APP PRIVACY STATEMENT
Last revised: November 13, 2017
This App Privacy Statement (this “Privacy Statement”) describes our privacy practices with respect to FinjanMobile VitalSecurity Browser (the “App”) whether running on a mobile device or a computer (each a “Device”).
When this Privacy Statement refers to “FMI,” “we, “us,” “our,” or similar terms, it means Finjan Mobile, Inc., a Delaware, USA, corporation. When this Privacy Statement refers to “you” or uses similar words, it means the subject of the information discussed in this Privacy Statement. When this Privacy Statement speaks of a FMI website, it means any page or other element available under the domain “finjanmobile.com.”
By using the App, you or your representative or agent are giving us information of, or about, you and your Devices, and you are consenting (and/or your agent consents on your behalf) to the collection, storage, processing, sharing and other activities with respect to your information as provided for in this Privacy Statement.
FMI has elected to self-certify to the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework, each administered by the US Department of Commerce (collectively, the “Privacy Shield”). The Privacy Shield terms to which FMI has committed are set forth in the Privacy Shield Policy section below.
This Privacy Statement applies only to the App and related services. Other privacy statements might also apply to our website or to other services or resources for which you sign up or that you use. Those privacy statements should be read together with this one so that you understand our privacy practices in each of those different contexts. Other third-party services or applications that are used in connection with FMI’s services might also have their own privacy statements. Those statements have separate terms and should be read independently from this Privacy Statement.
What information does FMI collect?
In order to activate or use the App or related services, you may need to create an account (“Account”). During the process of setting up your Account, we will ask you for certain personal information, such as your name and email address. We also record the date when you register and the device name and type that you use our service with. We need this information to allow you to activate, manage or use the App and related FMI products and services. We may associate your email address and other personally identifiable information (such as name address) with your Account and your access to our services.
FMI’s analytics providers may collect for FMI log-file information, such as Internet protocol (IP) addresses, platform type, date/time stamp, and, where applicable, browser type, Internet service provider (“ISP”), and referring/exit pages. Such analytics providers also may collect information for FMI regarding your Devices running the App that may include, as applicable, its identiﬁcation number, IP address, location, language settings, unique device ID, mobile device brand, model, operating system and Bluetooth versions, network provider, and some geographical information based on the GPS/Wi-Fi network position. However this is aggregate information and cannot be associated with your personal account identifying information.
When you log in and access your Account or the App, we may automatically collect and store certain information. For example, details of how often you use our product, aggregate VPN data used per month, the last date you used our product, and cookies that may identify your Account. We use this information to help us support our users, to understand network demand, and to enable free user VPN data usage.
If you elect to use features in the App to tell a friend about the App, then you will need to provide the name and email address of each such friend. FMI will automatically send such friend an email inviting him or her to become a user of the App. We do not retain or otherwise use this information.
The “Safe Scan” feature of the App sends each url you enter in the App to FMI to determine whether or not the url has been identified as safe, suspicious or dangerous. FMI will send to the App a report describing the results of such analysis along with our grade on the level of safety if using the site. Although FMI will retain the url and the report, none of this information is associated with any of your personally identifiable information.
If you choose to register for the App using your existing social networking accounts (e.g., Google, Facebook, etc.), FMI may collect the information that you have provided to the social networking platform. This information may include your name and email address. FMI obtains and uses this information in accordance with this Privacy Statement and the policies of the applicable social networking platform.
How does FMI collect personal information?
FMI collects information directly from you when you provide it to FMI, whether through the App or other applications (except where this Privacy Statement or the application’s privacy statement says otherwise) or/and when you use the services of FMI or our affiliates or suppliers.
How does FMI use the information that it collects?
FMI uses personal information in the following ways.
To provide services to you and/or to your organization and to enable you to successfully use the App;
To verify that you have paid for services that you have purchased from FMI;
To analyze trends, administer websites, apps, and other resources, including the App; and
To communicate with you regarding App features.
FMI may anonymize the personally identifiable information you provide (combine it with other information, redact it, or otherwise make it so that it no longer reasonably identifies you). In such a case, FMI may use the information to improve the App and its services and for marketing of the App to third parties.
How does FMI treat information of persons under the age of 18?
It is FMI’s policy to refrain from knowingly collecting or maintaining personally identifiable information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personal information to FMI. If you are under the age of 18 and have already provided personal information to FMI, please have your parent or guardian contact FMI immediately using the information below so that FMI can remove such information from its files. If you are the parent or guardian of a person under the age of 18 and you have reason to believe that that person’s personal information has been collected by FMI, please contact FMI immediately.
How does FMI use online tracking methods?
You can set your web browser to reject cookies. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. If you reject or block cookies, FMI’s website(s) might not function as intended.
FMI does not permit third parties to collect personally identifiable information about an App user’s online activities over time and across different web sites. Since access to the App and its underlying services do not involve access through another browser, “do not track” signals are not sent to the App by other browsers.
With whom, and how, does FMI share your information?
- Anonymized information. FMI may use anonymous information in connection with marketing the App to third parties.
- Outsourcing providers. FMI may provide your information to outsourcing providers to facilitate, evaluate and improve the App and our related services, provide technical support, provide training, or perform other functions in support of FMI’s conduct of its business. In some instances, these outsourcing providers may collect information directly from you. In all cases, these outsourcing providers’ use of your information will be contractually limited to uses consistent with this Privacy Statement.
- Successors. If FMI sells or otherwise transfers (or investigates the potential sale or other transfer of) all or a part of its business, FMI may transfer to, or share with, the actual or potential buyer or other transferee, the personal and other information associated with the potentially or actually transferred business. Such transfer would be for the purpose of facilitating due diligence and/or allowing the buyer or other transferee to operate the business.
- To comply with legal requirements. FMI may share your information if required by law enforcement, government agencies, courts, or others where FMI believes that its cooperation with information requests is required by law. In addition, FMI may use and disclose any information that you provide to us if FMI deems it advisable in the prosecution or defense by FMI of any litigation involving FMI that arises out of, or is related to, your use of any FMI product.
- International Transfer. FMI may transfer your information to, and store and process your information in, jurisdictions other than the jurisdiction in which you live and/or work. Such other jurisdictions might have laws that treat your privacy differently from the jurisdiction in which you live and/or work. You consent to any such transfer, storage, and/or processing.
Does this Privacy Statement extend to websites provided by others?
The App enables you to access websites or other resources not operated by FMI. FMI cannot control the information that the operators of such websites gather or what the operators of such websites do with the information. FMI is not responsible for the activities of the operators of such other websites or resources.
How does FMI secure and safeguard my information?
FMI uses, and requires that its service providers use, commercially reasonable physical, technical, and other safeguards designed to prevent unauthorized access to, use of, or alteration of, your information.
How may FMI notify me in the case of a data breach?
To the extent applicable law requires that FMI notify you that your personal information was, or is reasonably believed to have been, acquired by an unauthorized person, FMI will provide that notice by email (using the latest available address in our records) or as otherwise required by applicable law. Except to the extent prohibited by law, you agree to these means of notification.
How can you correct your personal information?
If your personal information changes, if you have reason to believe that your personal information as FMI maintains it is incorrect, or if you no longer desire service, you may contact FMI using the contact information below and FMI will accommodate all reasonable requests for such changes.
How does FMI handle choice and opt-out?
Users who no longer wish to receive newsletters, digital notifications, or promotional materials may opt to not receive such communications by contacting FMI using the information below or by selecting the unsubscribe option included in such communications. If you contact FMI, please be prepared to tell us the specific FMI product with respect to which you wish to opt out. FMI will comply with such requests as soon as it is commercially practicable. Such compliance may involve batch processing and other processes that take 30 days or longer. If you opt not to receive such communications, but then later give your personal information to FMI using a site or under other circumstances that permit us to use your information, FMI will regard your opt-out as rescinded.
What if I opt out and then do things that opt me back in?
If, after opting out, you do certain things that invite us to use your personal information again, FMI will regard you as having opted back in. Examples include, but aren’t limited to, asking one of FMI’s personnel (verbally or otherwise) to send you information, signing up for an event, or similar communications or transactions. As always, FMI will abide by the provisions of this Privacy Statement with respect to your personal information that you provide to FMI.
How quickly does FMI respond to requests?
FMI will use commercially reasonable efforts to timely make any changes you request. Many such changes are accomplished using batch processing (i.e. collecting a number of similar change requests and making all such changes at once), so the changes might not be immediately effective. If you require an immediate change to your personally identifiable information and are unable to make such a change using the available App resources, please contact us.
How does FMI handle changes to this Privacy Statement?
Except as stated below, FMI will use information in accordance with this Privacy Statement or the version of this Privacy Statement under which the information was collected.
For your convenience, we also make prior versions of our Privacy Statements available to you for review.
If Law Requires Consent.
If a rule of law requires that we obtain your affirmative consent to the changes in this Privacy Statement, the following process will apply: FMI will notify you by e-mail if, and to the extent that, you have provided your e-mail address. If you reply to such an e-mail within a reasonable time and request that FMI not use your personally identifiable information in the proposed new manner, FMI will honor your request, but FMI reserves the right to suspend your access to all or part of the services offered through the App if you do so. If you do not reply to such an e-mail, or FMI receives a reply of “undeliverable” or similar message from your last known e-mail address, then FMI may attempt to obtain your consent by other means. In lieu of using email or other means, FMI may attempt to obtain your affirmative consent through the App interface. In any case, after a reasonable time, FMI will, unless prohibited by law, use your information (including information provided prior to such new version) in the proposed new manner. Please be sure to update your e-mail and other contact information from time to time so that you don’t miss any communication by FMI of the kind contemplated by this section.
How do I contact FMI?
If you feel that FMI is not abiding by this Privacy Statement or if you have questions regarding this Privacy Statement, you may contact FMI’s privacy liaison using the following information.
Finjan Mobile, Inc.
2000 University Avenue – Suite 600
East Palo Alto, California 94303
Privacy Shield Policy
The information and data collected, used and disclosed by FMI as described in the foregoing Privacy Statement may include certain personally identifiable information about consumers and customers that we receive in the US from the European Economic Area or Switzerland (collectively, “European Personal Data”). The following Privacy Shield Policy (“Policy”) supplements the above Privacy Statement. If there is any conflict between the terms in this Policy and our Privacy Statement, this Policy shall control. Capitalized terms used but not defined in this Policy are used as defined in the Privacy Statement.
To provide adequate protection for certain European Personal Data received in the US, FMI has elected to self-certify to the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework, each administered by the US Department of Commerce (collectively, the “Privacy Shield”).
FMI adheres to the Privacy Shield principles of: notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement, and liability. If there is any conflict between such Privacy Shield principles and the terms of this Policy as concerns European Personal Data, the Privacy Shield principles shall govern to the extent of the conflict.
For purposes of enforcing compliance with the Privacy Shield, FMI is subject to the investigatory and enforcement authority of the US Federal Trade Commission. For more information about the Privacy Shield, see the US Department of Commerce's Privacy Shield website located at: https://www.privacyshield.gov. To review FMI’s representation on the Privacy Shield list, see the US Department of Commerce's Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.
Our Privacy Statement above describes the categories of European Personal Data that we may receive in the US as well as the purposes for which we use that European Personal Data. FMI maintains reasonable procedures to help ensure that European Personal Data is reliable for its intended use, accurate, complete, and current.
FMI is responsible for the processing of European Personal Data we receive, under the Privacy Shield, and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield principles for all onward transfers of personal data from the EU. We enter into written agreements with those third-party agents and service providers requiring them to provide the same level of protection the Privacy Shield requires and limiting their use of the data to the specified services provided on our behalf. Under certain circumstances, we may remain liable for the acts of our outsourcing providers who perform services on our behalf for their handling of your European Personal Data that we transfer to them.
You can direct any questions or complaints about the use or disclosure of your European Personal Data to us at the address provided below. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your information within 45 days of receiving your complaint. If you are unsatisfied with the resolution of your complaint, you may contact JAMS at https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for further information and assistance.
Finjan Mobile, Inc.
2000 University Avenue – Suite 600
East Palo Alto, California 94303
Attn: Jules Panopoulos
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.