This Privacy Statement is prepared and entered into in the English language only, this language shall be revelant in all respects. Any translation of this Privacy Statement into any other language is for reference only and shall have no legal or other effect.
This Privacy Statement describes the data protection policies of Funambol, Inc., PO BOX 21563, San Jose, CA 95151 ("Funambol" or "we") for data collected through (1) funambol.com and zefiro.me (collectively, the "Site", including any successor web sites), and (2) any services (including without limitation to the Funambol portal service) provided through the Site or hosted for Funambol customers on Amazon Web Services data centers ("Service" or "Services"). The words “you” or “your” refer to a user of the Funambol services. “Funambol customers” refers to third party providers of the Funambol solutions.
Our Services may allow you access to your data such as contacts data, pictures, video, messages, sound, legally acquired music, text messages, software, graphics, call log, application list or other materials ("Content") from third party sites and applications. Any Content that you provide on or to a third-party site or applications is provided directly to the owner of the site or application and is subject to that party's data protection policy. Our Privacy Statement does not apply to such third party sites or services and we are not responsible for the content, data protection or security practices and policies of those sites or applications. To protect your information we recommend that you carefully review the Privacy policies of other sites and applications that you access. Any capitalized terms not defined in this Privacy Statement shall have the meanings given in Funambol Terms of Use.
With this Statement, we hereby make you aware that your personal data (e.g. pictures, video, music, contacts data, call log, SMS, application list and other content) provided through the Site or hosted for Funambol customers is stored in the EU located Amazon Web Services data centers and processed only by employees or contractors located within the EU.
We might transfer data outside European Union where such information is useful to provide end users support (e.g. to Atlassian), to handle payments (e.g. to Braintree) related to customer purchases and for analytics purposes (so called users growth). This information include minimized and pseudonymized personal information, properly protected by adequate technical measures and agreed under approved Standard Contractual Clauses.
Funambol complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.
Funambol has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regards to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF.
Funambol has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regards to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.
To ensure its compliance with the Data Privacy Framework, Funambol is subject to the investigatory and enforcement powers of the Federal Trade Commission (the “FTC”). In certain situations, Funambol may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the respective Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov.
In compliance with GDPR requirements and with DPF Principles, Funambol commits to answer questions or doubts and to resolve complaints about our collection or use of your Personal Data. Individuals with inquiries or complaints regarding our data protection policy should first contact Funambol by emailing dataprotection@funambol.com.
Funambol has designated Funambol srl as its Representative in the EU. Funambol srl acts on behalf of Funambol Inc with regards to all obligations under the relevant EU Data Protection Regulation and acts as a point of contact for requests by data subjects and in particular for the assurance of user rights. Funambol srl, located in Italy (Via F.lli Cuzio, 42 - 27100 Pavia (PV), VAT number 01982880187), can be reached by email at dataprotection@funambol.com.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Funambol commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS (https://www.jamsadr.com/about/), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. The services of JASM are provided at no cost to you. You have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other mechanisms set out in this Privacy Statement. Further information can be found on the official DPF website.
By submitting any information or registering for any Funambol Services, you understand (1) the terms and conditions of this Privacy Statement, and (2) that Funambol may process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Statement and the Funambol Terms of Use.
As used in this Privacy Statement, Contacts Data are your personal information such as your address book. Digital Content are your:
picture(s): digital images of photos
video(s): video files or recording
file(s): various types of files, which include documents, presentations, etc...
music: audio files, legally acquired songs or recording
SMS: text messages
call log: records of incoming, outgoing and missed calls
application list: list of apps installed on a device
Funambol allows you to submit Personal Data through the Site and the Services. The Funambol Service enables you to upload your Contacts Data and your Digital Content to the Service and to synchronize them to and from other data stores such as a smartphone, tablet, PC, social network site, etc. "Personal Data" is information about you that is personally identifiable to you as well as other non-public information to the extent that it is associated with the foregoing.
When you register with Funambol, you submit the following types of Personal Data to Funambol (your "Account Data"): your mobile phone number, your email address, and your chosen password. This information will be kept in our archives for all the duration of the Services provision.
Please note that according to the United State Department of State regulations, resident or citizens of countries that are subject to the US State Department embargo are not eligible to use the service.
Funambol reserves the right to delete without notification any account/s that are discovered in violation of this stipulation.
When you use the Funambol Service, you upload or synchronize your Contacts Data and/or Digital Content to servers hosted on EU located Amazon Web Service data centers. We do not use your Contacts Data and/or your Digital Content for any purpose other than to provide you the Funambol Service. The legal basis for processing is the performance of the Services as described in the Terms Of Use. This information will be kept in our archives for all the duration of the Services provision. If at any time you no longer wish to use the service for any reason, including you do not want Funambol or third parties to use your Personal Data, you can terminate your account per Section 5 below.
We may use your Account Data for:
license reporting and assessment of service levels; to better understand how our Site and Services are used; to gauge traffic patterns and determine what types of content and services are most popular with users (as per the legitimate interest of the Data Controller of keeping its customer base satisfied and growing)
to contact you with information about Funambol products, services, news and events (as per the legitimate interest of the Data Controller. However, all users are always presented with the option to not receive these types of communications)
We use information that we collect through cookies and log files to understand our users '
preferences and
to improve the Site and the Services.
A cookie is a piece of data stored on the user's computer tied to information about the user. We
use both
session ID cookies and persistent cookies. For the session ID cookie, once users close the browser,
the
cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for
an extended period of time.
We use cookies to save the user's session and to carry out other activities that are strictly
necessary for the operation
of the same. No consent is required for the usage of these cookies, as per they are intended only for
technical purposes.
Anyway, persistent cookies can be removed by following Internet browser help file directions.
If you choose to disable cookies, some areas of the Site and the Services may not work properly.
In addition we use Google Analytics cookies with IP address anonymization to have an overall view of performance statistics, visitor habits and to improve the overall experience.
In our log files, for security and troubleshooting reasons (legitimate interest of the Data Controller), we collect information such as internet protocol ("IP") addresses, browser type, internet service provider ("ISP"), referring/exit pages, platform type, date/time stamp, and number of clicks. Log file information may be linked to your Personal Data and are kept in our archives for 1 year.
If you send Funambol an email or mail (to provide feedback or to ask a question regarding the Site or Services), Funambol will collect any information contained in such communication. Funambol may retain those communications in order to process your inquiries, respond to your requests, and improve the Services. Funambol will treat the Personal Data in such communication in accordance with this Privacy Statement. Funambol will keep this information for the duration of the Services provision.
Funambol may use any non-personally identifiable information that it collects or stores (including your feedback, but excluding your Account Data, your Contacts Data and your Digital Content) for any purpose it deems appropriate.
Individuals under the age of 18 are not permitted to use the Services without the supervision of a parent or legal guardian; (iii) we do not knowingly collect or solicit Personal Data from children under the age of 18 or knowingly allow such persons to register for an online account or to post personal information through the Services; and (iv) should we learn that someone under the age of 18 has provided any Personal Data to the Services, we will remove that information as soon as possible.
We remind you (the user) that you always have the right to access, rectify and erase your personal data, that you can manage your personal data on your own with your account and according to Section 5 below. You also have the right to restrict the processing of your data and to request data portability. Additionally, you can always opt-out of any consent you gave (with no prejudice for previous processing) and you have the right to lodge a complaint to the EU supervisory authority. In compliance with GDPR requirements and Data Privacy Framework Principles, you can raise inquiries, rights execution requests or complaints by emailing dataprotection@funambol.com.
If personal data covered by this Privacy Policy is to be used for a new purpose that is materially different from that for which the personal data was originally collected or subsequently authorized, or is to be disclosed to a third party in a manner not specified in this Policy, Funambol will provide you with an opportunity to choose whether to have your personal data so used or disclosed. Requests to opt out of such uses or disclosures of personal data should be sent to use as specified in the "Contact Us" section below. Some personal data, such as biometric data, is considered "sensitive". Funambol will not use sensitive data for any purpose other than that for which it was originally collected, and only with your affirmative and explicit consent (opt-in).
We may send new members a welcoming email or SMS to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter, under Funambol’s legitimate interest in increasing its user base, by informing its customers about relevant changes or opportunities applied to the Services. We always present the option to not receive these types of communications.
We may send you service related announcements, including, for instance, when a Service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account.
If you decide to send a "tell-a-friend" email to another person (when Funambol provides such a feature), we will collect that person's email address in order to send the email. We will also collect your name, email address, and any personal message you decide to include in the email, for the purpose of sending the email with our systems. Unless we note that we may send reminder messages to that person, we will not send additional emails to that person. In addition, we provide the option to opt-out of such messages as provided in section 2.1 above.
We may share your Personal Data with third parties in accordance with this Privacy Statement, only for the purpose of Services provision.
We may need to provide your Personal Data to third parties to deliver specific services to you (such as hosting services or support services). These third parties are designated as Data Processors and are required not to disclose your Personal Data and not to use your Personal Data other than to provide the services requested by Funambol.
We signed with all our Data Processors a dedicated Data Processing Agreement (DPA) that provides that your Personal Data may only be processed for the purposes and following the instructions mandates by Funambol as well as GDPR and Data Privacy Framework Principles.
You have control over synchronization of your Contacts Data and/or Rich Media Data through your account. Our servers will synchronize your Contacts Data and/or Rich Media Data with other devices, and may synchronize such data with third party applications, as instructed by you through your account. As noted in the Funambol Terms of Use, it is your responsibility to maintain the secrecy of your password; if another person obtains your password, that person may access and misuse your Contacts and/or Rich Media Data.
Funambol may share some or all of your Personal Data with its affiliates, in which case we will require our affiliates to honor this Privacy Statement. If our company or our assets are acquired by another company, that company will possess the Personal Data collected by Funambol and it will assume the rights and obligations regarding your Personal Data as described in this Privacy Statement.
We may share aggregated or non-personally identifiable information with our business partners but such information is not linked to your Personal Data and is not included in your Contacts Data.
If you are an EU, UK, or Swiss Individual, where we transfer your personal data to third party service providers (see above) who perform services for us or on our behalf, we are responsible for the processing of that data by them and shall remain liable if they process your personal data in a manner inconsistent with the DPF Principles referred to above, unless we prove that we are not responsible for the event giving rise to the damage.
Funambol may disclose Personal Data, including, without limitation to, Contacts Data and Rich Media Data - if required by a subpoena or other judicial or administrative order, if required by law, or, at its sole discretion, if Funambol deems it necessary to prevent violation of the Terms of Use Agreement or the rights of Funambol or any third party.
Funambol uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to protect the storage and transmission of your Personal Data, we cannot guarantee complete security.
Please be aware that, whenever you voluntarily post information to message boards or any other public forums, such information can be accessed by anyone and, if such information includes your contact information, third parties may use it to send you unsolicited communications.
To protect our application and website from abuse and other malicious activity, we use Google reCAPTCHA Enterprise.
reCAPTCHA Enterprise works by collecting and analyzing information about user interactions, including but not limited to IP address, mouse movements, list of installed applications and other behavioral patterns. This information is processed by Google in accordance with its Privacy Policy and Terms of Use.
We uses reCAPTCHA Enterprise under the legal basis of legitimate interest to ensure the security, reliability, and integrity of our application and website.
The Site may contain links to third party sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of other sites.
We realize that your Personal Data is subject to change. You may edit your Account Data at any time (provided that it remains accurate) and the Contacts Data and Rich Media Data that we store will change whenever you change it (either directly or via synchronization with another data source). If you wish to have Funambol delete your Account Data, you may terminate your account at any time. If you wish to delete your Contacts Data and Rich Media Data, you may do so at any time. In the event you terminate the account, all your Personal Data will be completely destroyed within 40 (forty) days and won't be recoverable in any way.
If we change the Privacy Statement, we will post the new Privacy Statement on the Site with a link from the Site's homepage, so that you are always aware of our data privacy practices. Any substantive changes to the Funambol Privacy Statement will be posted 30 days prior to taking effect (for any existing users).
If you have questions about anything related to this Privacy Statement please contact Funambol at dataprotection@funambol.com.