Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
CPIMobi is providing Member with website services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by CPIMobi on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, CPIMobi makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. CPIMobi shall have no liability for any interruptions in the use of this Website. CPIMobi disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
CPIMOBI SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CPIMOBI 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 THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CPIMBOI 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 IS INAPPLICABLE.
Member agrees to indemnify and hold CPIMobi, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
CPIMobi reserves the right to modify or discontinue the Service with or without notice to the Member. CPIMobi shall not be liable to Member or any third party should CPIMobi exercise its right to modify or discontinue the Service. Member acknowledges and accepts that CPIMobi does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While CPIMobi makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. CPIMobi makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any Website reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
CPIMobi retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, CPIMobi reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
10. Other Terms
Copyright and Trademark Information
1. Trademark Information
CPIMobi, the CPIMobi logo, are registered trademarks of CPIMobi. All other marks are the property of their respective owners. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with CPIMobi.
2. Copyright Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2014 CPIMobi, with all rights reserved, or is the property of CPIMobi and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CPIMobi is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of CPIMobi.
Last updated: Sept. 23, 2015
Data subject rights
a) Confirmation rights
Any data subject will have a right to get information whether his or her personal data is processed, which is supported by European legislator. If such data subject is willing to use confirmation rights, he or she may contact employee any time.
b) The access right
At any time, the data subject has a right to get and copy data on his or her personal information from the controller, which is granted by legislation of EU. Moreover, European legislation grants any subject of data to have access to his or her information, including:
- Purposes for personal data procession;
- All categories of storing personal information;
- Individual recipients or their groups, who want to get access to personal information, including international institutions or third countries;
- Where it is possible, the allowed period of storing personal information and, if not indicated, regulations to determine the allowed period of storage;
- If necessary, the subject of data has a right to ask for rectification or deletion of personal information by the controller or restricting its usage or processing;
- A right to make a complain, using supervisory authorities;
- If personal information is not collected from the subject, to obtain any data on its source;
- On the existence of using machine-based decisions and profiling, which is referred in the Article 22(1) / (4) of GDPR and information on the involved logics, significance and possible consequences of processing information of the subject.
In addition, data subject will have a right to get information whether his or her data is used by a third party or an international institution. In such a case, data subject will be informed how the transferred information is protected.
If data subject is willing to get access to such information, he or she can contact the controller any time.
c) The rectification right
Any data subject has a right to fix all the inaccuracies in personal data, contacting the controller. Such right is granted by the European legislation. Considering the goals of processing information, all possible mistakes or incomplete files will be completed and accompanied with a supplementary note.
In case the data subject is willing to use his or her right to rectification, he or she can contact the controller any time.
d) The erasure right
Any data subject has a right to ask the controller to erase his or her personal information without any delays, which is granted by legislation of the European authority. The controller will be obliged to erase information without any delays if the following situations are applied:
- Personal information is no longer needed for the goals, for which such information was collected or stored;
- In case there are no legal bases of processing and the subject of data wants to withdraw his or her information, based on the Article 6(1) point a) or Article 9(2) point a) of GDPR;
- If the data subject is objected to procession of information, based on Article 21 (1) or there are no legal grounds for such procession, or the information was not processed according to Article 21(2) of GDPR;
- When personal information was processed illicitly;
- Personal information should be deleted to comply with legal obligations according to the law, which the controller is subjected to;
- Personal information was collected by the offer of services of the information society, discussed in the Article 8 (1) of GDPR.
If one of the mentioned reasons is viable and the subject of data wants to request erasing of personal information that is stored by CPIMobi, he or she should reach the controller any time it is necessary. CPIMobi will immediately erase information, without any questions or delays.
If the controller has made such personal information public and is obliged to delete it, he needs to use all the necessary technical measures and steps to inform other controllers, who also have access to such information, and ask them to delete all links or copies of the requested personal information. Considering all the costs of such a process, CPIMobi employees will complete all the measures in every case individually.
e) The right to restrict the processing
Every data subject has a right to get a restriction of procession of personal information, which is granted by the European legislation. It includes:
- The data subject disagrees with the accuracy of provided personal information and requires a certain period for the controller to verify personal details;
- The procession process is illegal and the subject of data prefers restriction of using his or her information instead of its complete erasure;
- Information is no longer needed but it is required by various institutions or in cases of legal claims and defense;
- The subject of data objects using his or her personal information according to Article 21(1) of GDPR, while waiting for verification whether there are legal basis for using it by the controller.
If one of the mentioned conditions exists and the subject of data is willing to request restriction of personal data processing, which is stored by CPIMobi, he may contact the controller any time. The controller of CPIMobi will complete the restriction procedures.
f) The right to move data
Every subject of data has a right, which is granted by the European legislation, to obtain personal data about oneself, which was previously given to the controller in a proper format (i.e. properly structured, readable by the computer and used publicly). Data subject will have a chance to move such information to other controllers without any obstacles from the controller, who was storing the information. This process should be based on Article 6(1) point a) and Article 9 (2) point a) of GDPR. In addition, such procession should be completed by automated technologies if the procession is not completed for public interest or using by authorities.
Moreover, according to Article 20(1) data subject has a right to transmit personal information between controllers if it is technically possible and doesn’t influence rights or freedoms of other subjects.
To use the portability right, data subject can contact CPIMobi employee any time.
g) The right to object
Every subject of data has a right, which is granted by the European legislation, to disagree or object processing his or her information depending on a particular situation at any time, based on points e) and f) of the Article 6 (1) of GDPR. This also works for profiling, based on these provisions.
In case of objection, CPIMobi won’t process personal information unless there will be legitimate facts for its procession that may override interests, freedoms or rights of the subject. This also applies to legal claims.
In case CPIMobi uses information in marketing purposes, the subject can use his or her right of objection, prohibiting usage of personal information for marketing goals. If the subject objects using personal data for direct marketing, CPIMobi won’t process personal information for such goals.
Moreover, the subject of data has the right to object information processing for research purposes, including scientific, historical or statistical ones, powered by CPIMobi. This is based on Article 89 (1) of GDPR, unless such procession is necessary for matters that are considered a public interest.
To use the right to object, the subject should contact a CPIMobi employee. In addition, he or she can context the use of society services information and Directive 2002/58/EC to use the right to object, using automated measures, using technological specifications.
h) Automatic-based individual decision-making, also profiling
Every subject of data has a right, which is granted by the European legislation, not to be subject to a certain decision, which is based on machine processing and profiling. This may have a legal or any other impact on the data subject if the decision (1) is not necessary for signing or following the contract between the subjects and a controller or (2) is not allowed by the Union legislation or a member of the state, which also includes the subject, and which also aims to accept necessary measures to protect rights and freedoms of the subject and his interests, or (3) is not based on the agreement of the data subject.
If the decision (1) is necessary for signing or following the contract between the subjects and a controller or (2) is based on the agreement of the subject, CPIMobi will take necessary measures to protect information, rights and freedoms of the subject, as well as his interests, and a right to opt for human approach from the side of the controller, and express his or her views and influence the decision.
In case the data subject is willing to use his rights on automated decision-making, he or she can contact CPIMobi employee at any time.
i) Right to retract consent on data protection
Every subject of data has a right, which is granted by the European legislation, to retract his or her compliance to process personal information at any time.
If the subject is willing to use the right to retract such consent, he or she should contact CPIMobi employee at any time.
Legal foundation for processing
GDPR article 6(1) point a) acts like a legal foundation for processing data, which is previously granted for certain processing purposes. If such processing is used for performing a contract, involving a subject of data, for example, when supply of goods or services is held, the processing is based on article (1) point b) GDPR.
The same terms are used for processing pre-contractual operations. They may include inquiries on services or products. Our company is subject to official obligations, required for processing personal information and fulfilling tax requirements. Such processing is based on Article 6 (1) point c) of GDPR.
Rarely, processing personal information is necessary to protect basic interests of the data subject or another individual. For example, this may be a case if a person is injured in our office and we will need to pass his data (name, age and insurance) to a hospital or a third party. In such situation, processing will be based on Article 6 (1) point d) of GDPR.
Processing can also be based on Article 6 (1) point d) of GDPR. It is used, when processing cannot be covered by any of the legal situations mentioned above, if processing is used for legal interests of our company or third parties. However, only if such interests do not interlink with the rights and freedoms of the data subjects, including protection of their personal information. Such operations are allowed, because they have been stated by the European legislation. Legitimate interest can be assumed if the subject is controller’s client (Recital 45, Sentence 2 of GDPR).
Legitimate interests of the controller or of the third party
In cases, when personal data processing is completed on the basis of Article 6(1) point f) of GDPR, legitimate interest lies in conducting business in favor of employees and shareholders.
Storage period of personal information
Under the storage period of personal information is understood a legally supported retention period. When such period expires, information is erased if it is no longer needed for completion of the contract or its initiation.
Cookies consist of so-called cookies ID. It is an identifier of every cookie, which contains a string of characters, which can link websites and pages with a particular browser, on which cookies are stored. Such system helps the website to distinguish one web browser from another, which have different cookies. Any browser can be identified, as it has its own, unique cookie ID.
By using cookies, CPIMobi provides easily accessible services, which wouldn’t exist without a cookie system. With its help, all the offers and services are customized according to every user, as the system is able to identify a particular browser.
However, the data subject can make changes in the settings of the Internet browser to prevent storage of personal information and saving cookies. The subject may also delete previously saved cookies through the browser or any other program at any time. Such feature is available on all types of browsers.
Although some functions of our website may not be available if the data subject decides to deactivate this function.
Collection of general information and data
CPIMobi website collects various information and data, when the subject or a certain system is using the website. Such data is kept on server log files. Collected information (1) may include the type of the browser and its version, (2) operation system of the accessed device, (3) the website, which was used to enter the website (also called referrers), (4) sub websites, (5) time and date, when the website was entered, (6) IP address, (7) provider of Internet services, which is used to log in to the website and (8) other similar details, which can be used to prevent attacks on systems of the website.
CPIMobi doesn’t make any conclusions on the subject, when collecting such general information. Such data is necessary to (1) correctly deliver website’s content, (2) improve website’s content and its ads, (3) provide viability of all the systems and technologies of the website, and (4) to provide authorities with all the required information to prevent criminal actions, like cyberattacks.
CPIMobi completes analysis of the collected information to increase protection of data and security of the company, and to provide a quality protection of every individual. All the log files are stored separately from personal information, provided by the subject.
All the users have a chance to subscribe to CPIMobi newsletters. An input mask is used to track what personal information is shared and the time, when the controller sends such a newsletter.
CPIMobi uses subscription to inform customers and partners on the latest news and offers. The subject may receive a newsletter in case (1) the subject has an e-mail address and (2) he or she has registered for a newsletter subscription. When the data subject decides to activate the subscription, he or she will receive a confirmation email or for any other legal procedures. Such emails are used to make sure that the subject has really decided to receive newsletters.
When the subscription is agreed, we store IP address of subject’s computer, as well as the date of registration. Such information is needed to protect the subject and the company for misuse of the newsletters and protect the controller in the future.
Personal information is used only to send out newsletters. Subscribers will also be notified on the changes in the system, newsletters or various offers. Personal data will never be sent to third parties. Subscription may be brought to an end at any time. The subject may also cancel storage of personal information any time it is necessary.
If the subject decides to reject the newsletter or cancel the storage, he or she may simply press a corresponding link in the bottom of every newsletter. There is also a chance to unsubscribe from the website or ask the controller to unsubscribe the user.
CPIMobi newsletters contain tracking pixels. Such pixels are graphic elements of e-mails, which are sent in a HTML format to record log files and analyze them. Such analysis allows tracking the results of marketing campaigns. In such a way, CPIMobi may see when the e-mail was opened and which links the data subject used.
Such information is collected and analyzed by the controller to improve the delivery of newsletters, adapting the future content or improving its quality. Such information will never be shared with third parties. Data subjects can cancel a corresponding declaration, which was issued by the double-opt procedure. After canceling, personal information will be deleted from the system. CPIMobi considers such withdrawal, as a refusal to receive newsletters.
Please contact CPIMobis’ Data Protection Officer at: firstname.lastname@example.org for further information.
CPIMobi Refund & Funds Policy
1. Funding ways. You can fund your campaigns using PayPal, credit or debit cards and Wire Transfer.
2. Authority. Once you provide us your appropriate payment instrument, you confirm to be allowed to use it. And once you fund the transaction, you authorize us to charge the full amount to the designated funding instrument and let us to collect and store it.
3. Funding fail. When you fund a payment with a debit card and the transactions results in an overdraft or any other type of fee, you are the only one responsible for this.
4. Funding terms. CPIMobi’s Funds (Tokens) is a payment method in order to start any type of an advertising campaign.
4.1. When you receive or purchase these Funds (Tokens), you hava a limited right to use them with certain options inside the CPIMobi dashboard such as creating an app’s advertising campaign.
4.2. You can not sell or transfer the Funds anywhere outside of CPIMobi.
4.3. We are capable of changing the Funds purchase price anytime, as well as the Funds usage and transfer ways.
4.4. Funds are redeemable for only the monetary current value from us unless we agree otherwise in writing or unless required by law.
4.5. CPIMobi have been using the small amounts of free promotional Funds given to our users. We are capable of removing these anytime.
5. At-will use. We may revoke your eligibility to use CPIMobi Payments at any time at our sole discretion.
6. Inquiries. By using CPIMobi Payments, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
7. Right to cancel. We may cancel any transaction if we believe the transaction violates these Terms or the Statement of Rights and Responsibilities, or if we believe doing so
8. Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.
9. Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
10. Customer assistance. Subject to this full section, we provide various tools in our CPIMobi Live Chat Support to assist you in communicating with a third party to resolve a dispute arising from a payment transaction.
11. No liability for spend transaction. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to handle your funding transaction. All funding transactions are final unless required by law. If you order something that becomes unavailable before it can be provided to you, you may request a refund of your funded amount.
12. Intervention. We may not intervene in disputes concerning payments that may arise between you and a developer, company or organization that was, is or will be working with you.
13. Technical difficulties. If you experience a technical failure or interruption of service that causes your funding transaction to fail, you may request that your transaction be completed at a later time.
Last updated: Sept. 23, 2015