- HOW WE COLLECT AND USE INFORMATION: We collect the following types of information about you: Information you provide us directly: We may ask for certain information such as your username, first and last name, birthdate, phone number and e-mail address when you register for a Postbys account, or if you correspond with us. We may also retain any messages you or your users send through the Service, and may collect information you post to or collect from users of the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Information we may receive from third parties: We may receive information about you from third parties. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, that information may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Postbys. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Postbys Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications. We may also send you Service-related emails or messages (e.g., account verification, order confirmations, change or updates to features of the Service, technical and security notices).
- HOSTED APPLICATIONS: Each Party agrees to abide by all applicable local, state, national, and international laws and regulations in connection with providing the Services, including, without limitation, all laws regarding the transmission of technical data exported from the United States through the Service and all Applicable Privacy Laws. Postbys will employ commercially reasonable security measures. Despite the foregoing, Licensee acknowledges that the storage and process of data, and the assurances published by Amazon (including Amazon Web Services), Google Cloud Platform, and Microsoft (including Microsoft Azure) meet the requirements of this Section. Licensee shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use the Licensee Data. Licensee grants to Postbys a license store, record, transmit, maintain, and display the Licensee Data only to the extent necessary to carry out its obligations under this Agreement. Without limiting the foregoing, Postbys shall have no liability to Licensee for any unauthorized access to, or use, corruption or loss of, any personal health information (“PHI”) or personally identifiable information (“PII”) which may be contained in the Licensee Data, except to the extent that such unauthorized access, use, corruption, or loss is judicially determined to be due to Postbys’s neglect or misconduct or breach of the terms of this Agreement. Despite any other provision of the Agreement, in the case of loss or PII or PII due to actions or inactions of Postbys, Licensee’s sole remedy shall be for Postbys to restore such PHI and /or PII from the latest available backup. If Postbys becomes aware of any Security Incident, Postbys will promptly (1) notify Licensee of the Security Incident; (2) take reasonable steps to mitigate the effects and to minimize damage resulting from the Security Incident; and (3) at Licensee’s request and cost, take commercially reasonable steps to assist Licensee in complying with its obligations under Applicable Privacy Laws pertaining to responding to a Security Incident. Notification(s) of Security Incidents will be delivered in accordance with Applicable Law. Postbys’s obligation to report or respond to a Security Incident under this section is not an acknowledgement by Postbys of any fault or liability with respect to the Security Incident. Licensee must notify Postbys promptly about any possible misuse of its accounts or authentication credentials or any security incident related to the Services. Postbys shall promptly notify Licensee if Postbys receives a request from a data subject to have access to personal information or any other complaint or request relating to Licensee’s obligations under applicable data protection laws. Postbys shall provide reasonable assistance to Licensee to facilitate Licensee’s ability to respond to such request or complaint (including, without limitation, by allowing data subjects to have access to their personal information if such access is required by the applicable data protection laws, and where the personal information is not already available to the Licensee). Each Party shall retain sole responsibility for such Party’s information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by such Party or through the use of third-Party services. Licensee shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Licensee shall also be responsible for maintaining the security of the Equipment, Licensee account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Licensee’s account or the Equipment with or without Licensee’s knowledge or consent. Licensee shall be responsible for obtaining all necessary permissions, licenses, clearances, and/or releases for Licensee’s intended use of the Services. Licensee is responsible for adhering to local laws and regulations, including those that relate to data privacy such as Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the European Union’s General Data Protection Regulation (“GDPR”).
- CHILDREN’S PRIVACY: Postbys does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.