Privacy and Terms

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE (AS DEFINED BELOW) OFFERED BY Mobile Fringe Inc. (“COMPANY,” “WE,” “US,” “OUR”). BY CLICKING ON THE “LOGIN IN” BUTTON PRESENTED WITH THIS AGREEMENT (IF APPLICABLE), VISITING THE WEBSITE OR USING ANY SUCH SERVICES IN ANY MANNER, YOU OR THE ENTITY OR COMPANY YOU REPRESENT (“YOU”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND TO BECOMING A PARTY TO THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ARE ACCESSING THE WEBSITE OR ANY OF SUCH SERVICES ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY OR COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF. IN ADDITION, THE SERVICES ARE AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD, AND THEREFORE, IF YOU ARE ENTERING INTO THIS AGREEMENT AS AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR ANY OF SUCH SERVICES.

 

1.ACCESS TO THE SERVICES.   
The mallmaverick.com, biamaverick.com, retailmaverick.com website and any other linked pages, features, content, or application services (including without limitation any mobile application, digital directory, and newsletter services) offered from time to time by Company in connection therewith (collectively, the Website”, “Mobile Application”, “Digital Directory”, “Newsletters Services”) are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may also offer to provide certain services, as described more fully on the Website, and that have been selected by you (the Services”), solely for your own use, and not for the use or benefit of any third party. Company will use commercially reasonable efforts to provide the Services. Company may provide the Services to you directly, or indirectly using contractors or other third party vendors or service providers. Company may change, suspend or discontinue any of the Services at any time, including, without limitation, any feature, provided that Company will not discontinue any material Service without providing at least 30 days’ notice to you via email, through a posting on the Website or otherwise. Company may change the terms and conditions of this Agreement at any time, as we reasonably deem appropriate. You should look at this Agreement regularly. Upon any change in this Agreement, Company will notify you by email or post the amended agreement on the Website with notice of the changes. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following such notification shall constitute your affirmative acknowledgement of the changes and your agreement to abide and be bound by the Agreement, as amended. If at any time you choose not to accept the Agreement, including following receipt of notification of any changes hereto, then please terminate your subscription to the Services by contacting Support at https://www.mallmaverick.com/contact.
 

2.OBLIGATIONS AND RESTRICTIONS.   
You represent and warrant to Company that: (i) all registration information you submit is accurate and truthful and (ii) you will maintain the accuracy of such information. You also certify that you take full responsibility for the selection and use of and access to the Services.  Company may impose limits on certain features and services or restrict your access to parts or all of its services. You agree to utilize the Services in accordance with the terms and conditions of the applicable Service plan agreed to by you and Company, which may impose limits on, for example, the amount of tracked data recorded or the number of Service users (the “Plan”). Your use of the Services is limited to the number of end Users (“Users”) or not limited as specified in your Plan. Your master Administrative User (the “Admin User”) may appoint the number of Users specified in the Plan and determine what feature permissions to grant to each such User, provided that the aggregate use of the Services by all Users and the Manager may not exceed the maximum limits (if applicable) as specified in your Plan. You shall be responsible for any breaches of this Agreement by your Manager and Users. In addition, you shall take full responsibility and liability for the security of each of your user names and passwords (including, without limitation, those assigned to your Manager and Users), and you shall be solely responsible for all use of the Services through such user names and/or passwords. You agree to immediately notify Company of any unauthorized use of any of the Services or any other breach of security known to you. You shall obtain and operate all Systems (as defined below) needed to connect to, access or otherwise use the Services, and you shall provide all corresponding backup, recovery and maintenance services. You shall ensure that all Systems are compatible with the Services, and you shall   maintain the integrity and security of your Systems (physical, electronic and otherwise). For the purposes of this Section, Systems means modems, servers, software, network and communications equipment and ancillary services that are owned, controlled or procured by you.  You warrant, represent and agree that you will not contribute any Submissions (as defined below) or otherwise use the Website or any Services in any manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) is in any way related to sending or tracking unsolicited commercial mail or spam; or (vii) unreasonably interferes with use of the Services by any other Company customers. Company reserves the right to remove any Submissions or Content (as defined below) from the Website or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Submissions or Content or if Company is concerned that you may have breached the immediately preceding sentence). You acknowledge and agree that you determine, in your sole discretion (through your account settings or otherwise), the Submissions that are provided to the Company by you and the Email Analytics Data (as defined below) that is collected or generated through your use of the Services, and as a result, You, and not the Company, assume all risks associated with providing such Submissions and collecting or generating such Email Analytics Data. Except as set forth in this Agreement, you agree to indemnify and hold the Company harmless from all claims, damages, liabilities, losses, costs and expenses (including attorneys' fees) arising out of any use or disclosure of any of your Submissions or Email Analytics Data in connection with the provision of Services. You agree to create archival copies or backup copies of all of your Submissions and Analytics Data, as applicable. You warrant, represent and agree that you possess all rights necessary to provide the Submissions that you provide and to grant the licenses that you grant to the Company and to direct the Company to collect or generate the website and Email Analytics Data on your behalf (if applicable). Additionally, you shall not (directly or indirectly) or permit any third party to: (i) interfere or attempt to interfere with the proper working of the Website, any Services or any activities conducted on any of the Services; (ii) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, scrape, or in any way gather information, content or other materials from the Website or reproduce or circumvent the navigational structure or presentation of the Website; (iii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (iv) use any of the Company’s confidential information to create any software, documentation or service that is similar to any of the Services or any documentation provided in connection therewith; (v) modify, translate, or otherwise create derivative works of any part of the Services, or (vi) copy, license, sublicense, sell, resell, encumber, rent, lease, time-share, distribute, transfer or otherwise use or exploit or make available any of the Services in any service bureau arrangement or otherwise for the benefit of any third party without the prior written consent of the Company, unless otherwise expressly permitted by your subscription Plan.
 

3., WEBSITE, AND EMAIL ANALYTICS DATA.   
The Website, the Services, and their content are intended solely for your personal or business use and may only be used in accordance with the terms of this Agreement. All data, materials and information that may be displayed or performed on, accessed through, contributed to, or generated through the Services including, but not limited to text, graphics, software, scripts, sounds, music, videos, audiovisual combinations, interactive features, articles, photographs, images, illustrations (also known as the ” are (as defined below) of third parties) are protected by copyright and/or other intellectual property rights. You shall abide by all copyright notices, trademark rules, restrictions and other information contained in any Content accessed through the Website or Services, and you shall not use (except as otherwise expressly permitted in this Agreement), copy, reproduce, modify, create derivative works based on, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content.  Mobile Fringe, Mall Maverick, Newsletter Maverick, Retail Maverick, and all other trademarks, service marks, graphics and logos used in connection with the Website and/or Services are trademarks or registered trademarks of the Company or Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and/or Services may be the trademarks of third parties.  In the course of using the Services, you and other users may provide, directly or indirectly, information which may be used by Company in connection with the provision of the Website and/or Services. You understand that you may upload or otherwise provide to Company an email design or test email (Email Submissions”) in order to use parts of the Services. Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, sub-licensable and transferable right during the term of this Agreement to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, transmit, perform, upload, or display such WEBSITE or Email Submissions (including all related intellectual property rights) solely in connection with performing for you or providing to you the Services. Company agrees to use its best efforts to maintain Email Submissions as confidential and to prevent disclosure of any such Email Submissions to third parties that are unauthorized to receive such Email Submissions.  In addition, you understand that you may, in your sole discretion, post information or other content to the Website Forum, as defined below (Forum Submissions”). If you choose to post any Forum Submissions, Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, broadcast, transmit, perform, upload, or display such Forum Submissions (including all related intellectual property rights).  Furthermore, in the course of using the Services, you understand that you may authorize Company to collect data about the email messages that you send, including, without limitation, data related to how recipients of your email messages interact with such email messages (Email Analytics Data”). Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, sub-licensable and transferable right during the term of this Agreement to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, transmit, perform, upload, or display such Website and Email Analytics Data (including all related intellectual property rights) solely in connection with performing for you or providing to you the Services. In addition, Company hereby is and shall be granted a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to use, copy, reproduce, reformat, modify, create derivative works based on, excerpt, translate, publish, broadcast, transmit, perform, upload, or display your Website and Email Analytics Data (including all related intellectual property rights), only as aggregated with other customer Email Analytics Data in a manner that does not contain personally identifiable information, to improve and/or market the Website and/or Services. Company will only share your personally identifiable information in accordance with Company’s Privacy Policy in effect from time to time and posted on the Website at www.mobilefringe.com/privacy. Without limiting Company's rights to use your Website and Email Analytics Data as provided above in an aggregated, non-personally identifiable form, Company agrees to use its best efforts to maintain your standalone Website and Email Analytics Data as confidential and to prevent disclosure of any such standalone Website and Email Analytics Data to third parties that are unauthorized to receive such data. For clarity, the foregoing license grants to Company do not affect your ownership of or right to grant additional non-exclusive licenses to your Email Submissions, Forum Submissions (together, Submissions”), or Email Analytics Data, unless otherwise agreed in writing. Notwithstanding the foregoing, any license granted in this Agreement includes the right of the Company to use any Submissions or Website and Email Analytics Data to comply with any legal, regulatory or similar requirement or investigation.
 

4.WARRANTY AND WARRANTY DISCLAIMER.   
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you or others access via the Services; what effects the Content, Submissions, Website Analytics or Email Analytics Data may have on you; how you may interpret or use the Content, Forum Submissions of third parties, Website Analytics or Email Analytics Data; or what actions you may take as a result of having been exposed to the Content, Forum Submissions of third parties, or Email Analytics Data. You release Company from all liability for you having acquired or not acquired Content, Submissions, or Email Analytics Data through the Website or Services. Company makes no representations or warranties concerning any Content, Submissions, Website Analytics or Email Analytics Data. Without limiting the foregoing, Company does represent and warrant that to its knowledge, the Services do not infringe on the intellectual property rights of a third party. EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING SENTENCE, THE SERVICES, CONTENT, FORUM SUBMISSIONS OF THIRD PARTIES, WEBSITE ANALYTICS, EMAIL ANALYTICS DATA, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 

5.PRIVACY POLICY.   
Mobile Fringe Inc. and our affiliates (“Mobile Fringe”, “Mall Maverick”, "we," "us," or "our") provide this Privacy Policy because we know that you care about how your information is collected, used, shared, and retained. This Privacy Policy applies to information collected when you visit www.mobilefringe.com, www.mallmaverick.com, www.biamaverick.com, www.retailmaverick.com, www.leasingmaverick.com, and/or any other Mobile Fringe owned or controlled websites (the "Sites"). This Privacy Policy also applies when you (i) create or access an account through any of the Sites (an "Account") or use the services, including any applications or demos that we make available via the Sites, from time to time (the "Services"); (ii) download, install, or otherwise use any Mobile Fringe software product, including any demos related to such products ("Products"); or (iii) subscribe to, access, configure, or otherwise use any Mobile Fringe hosted or software-as-a-service offering ("SaaS Products"). The Sites, Services, Products, and SaaS Products are collectively referred to herein as the “Mobile Fringe Properties". By visiting the Sites; creating or accessing an Account or using the Services; downloading, installing, or using any Products; or subscribing to, accessing, configuring, or using any SaaS Products, you are consenting to our collection, use, disclosure, and retention of your information as set forth in this Privacy Policy.

This Privacy Policy does not apply to the privacy practices governing the relationship between our clients and their end users when our clients use our Products or SaaS Products to collect and process data. Rather, such usage is governed by our clients’ privacy policies, over which we have no control.

Furthermore, access to and usage of some of our Products or SaaS Products, such as Google Analytics, may entail additional privacy terms, to which you must agree before using the specific Product or SaaS Product.

Information Collected
When you use the Mobile Fringe Properties, you may provide us with personally identifiable information about you and your company, such as your company name, your name, title, e-mail address, postal address, and telephone number (collectively, the "Personal Information"). We do not collect any Personal Information from you when you use the Mobile Fringe Properties unless you provide it voluntarily (for example, by signing up for an Account, registering for a webinar, requesting a newsletter, or sending us a message).

When you visit or use the Mobile Fringe Properties, we may automatically collect non-personal information, such as domain names, IP address (which may consist of a static or dynamic IP-address, and will sometimes point to a specific identifiable computer or device), browser type, operating system, access times, referring/exit web site addresses, information regarding your experience with our Mobile Fringe Properties, and other data (collectively, "Other Information"). This Other Information is used by Mobile Fringe for the operation and improvement of the Sites and the Services and to track Site trends and statistics. This Other Information does not personally identify you.

Where applicable, if you choose to access, or log in to, any Mobile Fringe Properties using your Google, Facebook, Yahoo, or other accounts accepted by the applicable Mobile Fringe Property, the third-party site will share with us certain Personal Information and Other Information. This information may include, without limitation, your name, email address, company name, and the country you have specified upon registration, along with any other information necessary in order to enable us to identify your account. By logging in with any of these accounts, you will be authorizing us to access, and we will obtain, such information, and we will use the same in accordance with this Privacy Policy. 

We also use the following products to collect Other Information:

Instagram Feed. With your direct permission to share your information from your instagram account, we connect your instagram posts to our CMS which we use to display the feed on your website.


Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc., to evaluate your use of the Mobile Fringe Properties, compile reports on activity, and provide other services relating to Internet usage. Google Analytics uses first-party cookies that store information, such as what time the current visit occurred, whether the visitor has been to the Sites before, and what site referred the visitor to the web page.

We have also implemented Display Advertising Remarketing with Google Analytics to advertise online. This means that third-party vendors, including Google, display our ads on sites across the Internet and that we and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie, see: http://www.google.com/doubleclick) together to inform, optimize, and serve ads based on your past visits to the Mobile Fringe Properties.

Google classifies Google Analytics data as confidential information, governed by Google's privacy policies. Google’s privacy policy can be viewed at https://policies.google.com/privacy?hl=en​.

By using the Mobile Fringe Properties, you consent to the processing of data about you by Google in the manner and for the purposes set out above. If you choose, you can opt out of the processing of data about you by Google for Display Advertising and/or customize the ads by using Google’s Ads Settings at: http://www.google.com/settings/ads. You can opt-out of the processing of data about you by Google generally by turning off cookies in the preferences settings in your browser, or by downloading and installing Google Analytics Opt-out Browser Add-on at http://tools.google.com/dlpage/gaoptout. The add-on communicates with the Google Analytics JavaScript (ga.js) to indicate that information about the visit to the applicable Mobile Fringe Property should not be sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not prevent information from being sent to the applicable Mobile Fringe Property itself or to other web analytics services. For more information on Google Analytics, please visit https://analytics.google.com/analytics/web/provision/?authuser=0#/provision​.

Request for Deletion

It is your right to request to delete your Personal Information that we collected from you and retained. You can submit a request to our support team at support@mobilefringe.com to delete any such personal information. Once we receive and confirm your request, we will delete your Personal Information from our records.


Use of Cookies
We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) and other technologies to help us collect Other Information and to enhance your experience using the Mobile Fringe Properties. Cookies are small text files a web site can use to recognize a repeat visitor to the web site. We may use cookies for various purposes, including:

  • To help you navigate our Mobile Fringe Properties;

  • To facilitate the sign-up and login process for our Mobile Fringe Properties;

  • To personalize your experience;

  • To analyze which pages are visited most frequently;

  • To provide features such as social sharing widgets and videos; and

  • To measure advertising and promotional effectiveness.

If you do not want Mobile Fringe to deploy cookies in your browser, you can opt-out by setting your browser to reject cookies or to notify you when a web site tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still access most of the Mobile Fringe Properties, however, your ability to use some of the features may be affected. 

Credit Card Processing

We use a third-party service provider to manage credit card processing. Under our agreement with this service provider, it is not permitted to store, retain, or use your Personal Information or your billing information except for the sole purpose of credit card processing on our behalf. In certain cases, we may have access to the last four digits of your credit card number, its expiration date, and the billing address (collectively, the "Billing Information"), which we will use solely to assist us in providing you better and more efficient customer service. In addition, we and our service provider may use any information processed pursuant to this section at an aggregate level for internal business analyses and fraud prevention.

Communications on the Sites

Any Personal Information or other content that you choose to submit in any forum on the Sites may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Mobile Fringe is not responsible for the Personal Information or other content that you choose to submit in these forums. 

Any content or Personal Information you publish on the Sites may also appear in search engine results (such as Google, Yahoo!, and Bing), in the cache of those search engines, in feeds, and on third-party sites pursuant to cobranding agreements. We have no control over updating and/or removal of such content or Personal Information, which is the sole responsibility of the search engines, third-party sites, and RSS web feed resources. You agree and acknowledge that Mobile Fringe is not liable for the information published in search results or by any third-party site that carries any content or Personal Information you publish on the Sites. We strongly discourage you're posting any content or Personal Information that you do not want others to see or use.

We do not and cannot review all communications and materials posted to or created by users that visit the Sites or use the Services. You acknowledge that by providing you with the ability to post, view, and distribute communications, content, and Personal Information on the Sites, Mobile Fringe is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating thereto. However, we reserve the right to block or remove communications, content, Personal Information, or other submissions to the Sites, for any reason, in our sole and absolute discretion.

California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act (CCPA) is a new data privacy law that applies to certain businesses that collect personal information from California residents. The new law goes into effect on January 1, 2020.

 

Use, Sharing, or Disclosing of Information

We may use your Information in a manner that is consistent with this Privacy Policy. If you provide Information for a certain reason, we may use such Information in connection with the reason for which it was provided. You have the right to correct or modify your Personal Information and Billing Information directly through your Account or by providing notice to us. See "How to Access and Update Your Personal Information" and "How to Contact Us" below.

If we intend on using any of your Information in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Information is collected. You may choose not to submit your Personal Information at any time, but that decision may prevent you from accessing and/or using certain parts of the Mobile Fringe Properties.

We may block users located in certain countries from using the Mobile Fringe Properties. We may retain and use your Information for as long as is required to fulfill our business objective, even after your account is terminated.

We use and may share the Information to provide and improve the Mobile Fringe Properties; deliver correspondence, communications, or services, such as newsletters, events, training, or software that you request or purchase; process orders; solicit your feedback; and inform you about Mobile Fringe Properties and services and the products and services of our promotional partners. Also, we may use the Information as described below.

We may, from time to time, share Personal Information and Other Information with other companies who may provide you information about the products and services they offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.

We may analyze your Personal Information and Other Information in aggregate form which does not identify you personally. We may share this aggregate data with our affiliates, agents, advertisers, manufacturers, and business partners. We may also disclose aggregated user statistics in order to describe the Mobile Fringe Properties to current and prospective business partners and to other third parties for other lawful purposes. 

We may share, disclose, or provide your Information to third parties: (i) when attempting to collect a payment or debt; (ii) when required to combat fraud or to protect our interests; (iii) to enforce the Privacy Policy or the applicable Terms of Use, Terms of Service, or End User License Agreement of the Mobile Fringe Properties; (iv) when required to do so by law or in response to legal process or lawful requests, including from law enforcement or government agencies; (v) within and among our affiliates and subsidiaries; or (vi) as part of a merger, sale of a business, sale of assets, or dissolution.

We may employ other companies and individuals to perform functions on our behalf. Examples may include providing hosting and network services, information technology support, and customer service. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.

Mobile Fringe and its affiliates may retain, aggregate, use, and resell any Other Information collected in connection with any use of the Mobile Fringe Properties both during your use of the Mobile Fringe Properties and after such use has ended.

Information Security
We take commercially reasonable steps to protect your Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee security, or that the information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Therefore, you acknowledge and agree that we assume no liability regarding the theft, loss, alteration, or misuse of Information, including, without limitation, such Information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party.

The information you provide upon registration is also protected by a unique customer password and user ID ("Password and ID"). You should not disclose your Password and ID to anyone and you should always remember to log off if using a shared computer. You are solely responsible for maintaining the confidentiality of your Password and ID, and for any use of your Password and ID, whether or not you have authorized such use.

Links to Third-Party Sites

This Privacy Policy applies only to the Mobile Fringe Properties. Some of the Mobile Fringe Properties include links to third-party sites. Mobile Fringe has no control over the privacy practices or the content of these sites. If you visit or submit information to any of those sites, your information is subject to their privacy statements. You should check the applicable third party privacy policy and terms of use when visiting any other site and before providing any information to other sites.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time. Please be aware that, to the extent permitted by applicable law, our use of your Information is governed by the Privacy Policy in effect at the time we collect the information. If you visit the Sites or use the Mobile Fringe Properties after a change to this Privacy Policy is posted, you will be bound by such change. Please refer back to this Privacy Policy on a regular basis. 

How to Access and Update Your Personal Information
You can keep your Personal Information accurate, complete, and up to date by logging in to your account. We will use commercially reasonable efforts to process such requests in a timely manner.

How to Contact Us

If you have questions about this Privacy Policy, please contact Mobile Fringe via e-mail at: support@mobilefringe.zendesk.com with "PRIVACY POLICY" in the subject line or write to us at: P.O. Box 60065, Hopedale Mall, Oakville, ON, L6L 6R4

 

6.INDEMNITY.   
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Website or any of the Services, use of the Website or any of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, except to the extent such claim or demand arises from any breach by Company of its warranty.
 

7.LIMITATION OF LIABILITY.   
EXCEPT IN CONNECTION WITH AMOUNTS OWED PURSUANT TO THE INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT AND ANY BREACHES OF SECTION 2 (OBLIGATIONS AND RESTRICTIONS) OR THE FIRST PARAGRAPH ONLY OF SECTION 3 (CONTENT, SUBMISSIONS AND EMAIL ANALYTICS DATA), TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE GREATER OF $100 OR THE AMOUNTS PAID OR OWED BY YOU TO COMPANY IN RELATION TO THE SERVICES IN THE 12 MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
 

8.FEES AND PAYMENT.   
Company reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website and/or, if applicable, as mutually agreed upon by you and Company, in connection with such Services. You may cancel any Plan, by contacting our support team. There are no refunds or credits for partial months of service, upgrades or downgrades, or months unused.
Your use of the Services following such notification constitutes your acceptance of any new or increased charges. All payments hereunder are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Company’s net income. All amounts due hereunder shall be grossed-up for any withholding taxes imposed by any foreign government.  Unless otherwise agreed by you and the Company, in order to set up an account with Company, you must provide Company with accurate and complete billing information including legal name, address, state, zip code (if applicable), telephone number.
 

9.SUPPORT.   
The company will use commercially reasonable efforts to provide you with support and maintenance for the Services in accordance with its standard practices (as may be amended from time to time). You agree that Company will have the right to charge, in accordance with its then current policies, for any support services resulting from problems, errors or inquiries relating to systems or any other network, equipment, service or software not owned, controlled or procured by Company. Company shall have no obligation to provide updates (for example, patches or revisions to the Services), except that Company will provide you with any update that it makes generally available without charge to its similar customers. Company will not be responsible or liable for any failure in the Services resulting from or attributable to (i) your Systems, (ii) network, telecommunications or other service or equipment failures outside of Company's facilities, (iii) your or any third party's products, services, negligence, acts or omissions, (iv) any force majeure or cause beyond Company's reasonable control, (v) scheduled maintenance or (vi) unauthorized access, breach of firewalls or other hacking by third parties.

Internet Explorer Support
As of March 31, 2020, Mall Maverick will no longer be supporting Internet Explorer browser compatibility nor compliance when designing, troubleshooting, debugging, supporting any versions of Internet Explorer later than version 11. 

Microsoft is ending its own support for later versions of Internet Explorer earlier than version 11 and all Mall Maverick website support will also adhere to these practices. 


Support requests can be directed to support@mobilefringe.zendesk.com 24/7.
 

10.INTERACTION WITH THIRD PARTIES.   
The Website or Services may contain links to third party websites or services (Third Party Websites”) that are not owned or controlled by Company. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Websites. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Website.
 

11.MISCELLANEOUS.  
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Unless expressly provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy. This Agreement is not assignable, transferable or sub-licensable by you except with Company’s prior written consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications and waivers of any provisions thereof must be in writing, signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
 

12.FORUMS.  
Company’s Website may from time to time include interactive features such as blogs, forums, or any other feature of the Website by which you and/or others may post any content to the Website (a Forum”). In connection with any such Forum, any opinions expressed are the personal opinions of the original authors (not of Company), and any Forum submissions that are provided are for informational and entertainment purposes only and are not meant to be an endorsement or representation by Company or any other party. Company does not assume any responsibility or liability for any Forum submissions or any website linked to the Website and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of Forum submissions. No information you consider confidential should be posted to a Forum. It is in your sole discretion as to whether or not to post any content to a Forum. Company may modify, display, delete, transmit or distribute Forum Submissions in its sole discretion and without your permission. However, Company shall not be responsible for controlling or editing any Forum submissions, nor can Company ensure prompt removal of inappropriate or unlawful Forum submissions.

 

13.COPYRIGHT AND TRADEMARKS
All rights, title, and interest in the website is owned by or licensed by Mobile Fringe Inc.(THE COMPANY)  The materials provided on the website, without limitation, all content, site design, text, graphics are protected by copyright, trademark and other intellectual property laws.  Any unauthorized used of the materials is strictly prohibited

Copyright / Trademark Dispute Policy
The address of Company’s Designated Agent to Receive Notification of Claimed Infringement (Designated Agent”) is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

A.If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  • Identification of works or materials being infringed;

  • Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

  • Contact information about the notifier including address, telephone number and, if available, email address;

  • A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B.  Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:  It is Company’s policy:

  • to remove or disable access to the infringing material;

  • to notify the content provider or user that it has removed or disabled access to the material; and

  • that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s or user’s access to the Services.

C.Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider or user;

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

Content provider’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or, if the content provider’s or user’s address is located outside of Canada, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’

Please contact Company’s Designated Agent at the following address:  
4500 Highway 7, Woodbridge, Ontario, L4L 4Y7, Canada or email at contact@mobilefringe.com
 

14.NEWSLETTER / EMAIL CAMPAIGN SERVICES.  
TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL MOBILE FRINGE, MALL MAVERICK, RETAIL MAVERICK OR ANY OF ITS COMPANIES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF USER CONTENT, OR LOSS OF ANY DATA RELATED THERETO, OR ANY INTERRUPTION OF BUSINESS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MOBILE FRINGE HAS BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE CLIENT OF MOBILE FRINGE IS RESPONSIBLE FOR MAINTAINING AND FOLLOWING THE STANDARDS OF THE CASL RULES & REGULATIONS & ABIDE BY IT FOR COLLECTION AND SENDING ELECTRONIC MESSAGING, ALSO KNOWN AS NEWSLETTER. WE, MOBILE FRINGE & ANY ASSOCIATED COMPANY (MALL MAVERICK, RETAIL MAVERICK AND ANY MOBILE FRINGE OWNED SERVICES) SHALL NOT BE HELD ACCOUNTABLE OR LIABLE FOR ANY MISUSE OF THE SERVICE, THE CLIENT(S) ASSUME ALL LIABILITY FOR THEIR CONTENT & SECURITY OF INFORMATION FOR THEIR CLIENTS.

PERMISSIONS

We recommend that you have EXPLICIT permission from everyone in your list to send them any form of communication. KEEP a permission-based list and never buy nor borrow subscriber lists from anywhere (these are usually filled with Spam Bots)

Set clear expectations when someone joins your list. Tell them what you'll be sending them and how often. Don’t overwhelm your list of subscribers with too many emails, we usually recommend once a month to maximum once every two weeks. Make sure that you send at least one every 3 months so that your subscribers remember that they signed up and are kept in the loop.


NEWSLETTER DESIGN AND BEST PRACTICES

At the beginning of each e-mail, add a clear explanation to explain how your subscribers came to be on your list and put an unsubscribe link there as well to give them an easy way out to not receive further communication from you if they wish so.

Make sure your email looks professional and that the FROM details mention your mall name, so your list knows who is communicating with them. Keep the content relevant to your business (personalization and dynamic content, etc.)

Our templates are designed to look great across most email clients. However, keep in mind that for some providers, inclusive but not limited to all of Outlook from Outlook 2007 to present can cause problems with campaign display and may need extra design work.

15.  WEBSITE CONTENT AND ACCESSIBILITY. 

You agree to assume responsibility for ensuring all content posted, accessed, and displayed on your website is deemed accessible by accessibility laws governing your jurisdiction (country, state, province, region) and jurisdiction of your users accessing the website. 

You also agree to assume liability for all newsletters/email campaigns, and communications to comply with anti-spam legislation designated within your companies’ jurisdiction. 

The Mobile Fringe is not liable for changes made to your website on your behalf and is considered harmless from all claims, damages, liabilities, losses, costs, and expenses (including attorneys' fees) arising out of any use or disclosure of any of your content updates.

Accessibility Reference Information
American Disabilities Act (ADA) and how it applies to WCAG
https://www.boia.org/blog/is-there-a-legal-requirement-to-implement-wcag


Canadian Standard for Web Accessibility and WCAG 
https://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=23601


Accessibility for Ontario Disabilities Act (AODA) and WCAG
https://www.aoda.ca/complying-with-aoda-wcag-2-0-distinguishable-content/

Mobile Fringe adheres to WCAG compliance
A website designed and built by Mobile Fringe is WCAG compliant on the date it goes live, per the applicable Statement of Work or License Agreement. You are responsible for maintaining the website going forward to ensure all content, imagery, and messaging continue to meet these same WCAG standards. Mobile Fringe assumes no liability for WCAG nor any local accessibility jurisdiction (ADA, ACA, AODA, etc) compliance.

Mobile Fringe can be available to consult and analyze existing websites on their platform for WCAG compliance but You are solely responsible for maintaining accessibility standards for Your website. For clarity, the Client is always and exclusively responsible for the Client’s website compliance to accessibility requirements.

16.  CONTACT.   If you have any questions, complaints, or claims with respect to the Services, you may contact us at: 4500 Highway 7, Suite 201, Woodbridge, Ontario, Canada or email at support@mobilefringe.zendesk.com

 

REFERENCE:  

ABOUT CANADA ANTI-SPAM LAW (CASL)

Updated: January 1, 2021

The Canadian Anti-Spam Law (CASL) went into effect July 1, 2014. If you're in Canada or send to Canadian residents, you need to comply with CASL.

Be sure to review the Mobile Fringe Terms of Use as well as the CASL rules before using the newsletter/e-blast service

This article is provided as a resource, but does not constitute legal advice. If you have more questions about CASL, we encourage you to contact an attorney in your area who is familiar with this issue.