Privacy Policy

Welcome to Mtivity, (“Mtivity”) applications, platform web site (www.mtivity.com) , and any other websites, applications, or services operated by Mtivity (collectively, the “Mtivity Platform”). Mtivity Limited & Mtivity Inc (Mtivity) are committed to safeguarding your privacy online. Please read the following policy to understand how your personal information will be treated as you make full use of our many offerings. This policy may change from time to time, and updated on the Mtivity website, so please check the website regularly or email privacy [at] mtivity [dot] com

Mtivity has created this Privacy Policy in order to demonstrate our commitment to customer privacy. Privacy on the Mtivity system (the “System”) is of great importance to us. Because we gather important information from our visitors and customers, we have established this Policy as a means to communicate our information gathering and dissemination practices. We reserve the right to change this Policy and will provide notification of the change at least thirty (30) business days prior to the change taking effect.

By using the Mtivity Platform, you expressly consent to the information handling practices described in this notice. This Privacy Notice is incorporated into and is subject to the Mtivity Platform Terms of Service. Your use of the Mtivity Platform and any personal information you provide through the Mtivity Platform are subject at all time to this Privacy Notice and the Terms of Service.

1: The Information Mtivity Collects

User-provided Information:

You may provide to Mtivity what is generally called “personally identifiable” information (such as your name, email address, postal mailing address, home/mobile telephone number, credit card number and billing information) if you upload, purchase, or view or download certain content or products from the Mtivity Platform, or otherwise use the features and functionality of the Mtivity Platform.

In addition to the above, we may collect information directly from the services you use in conjunction with the Mtivity Platform. This may include details such as those listed above in addition to further information available via other services’ Application Programming Interface (“API”). These details also fall under the User-provided Information category.

“Cookies” Information:

When you access the Mtivity Platform, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Mtivity may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Mtivity Platform. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings.

“Automatically Collected” Information:

When you access the Mtivity Platform or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique user ID, version of software installed, system type, the content and pages that you access on the Mtivity Platform, and the dates and times that you visit the Mtivity Platform.

2: The Way Mtivity Uses Information

Mtivity uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Mtivity Platform as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.

We will use your email address, without further consent, for administrative communications such as notifying you of major Mtivity Platform updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding any content that you have posted to or downloaded from the Mtivity Platform.

Mtivity uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the Mtivity Platform works and looks, and to create new features and functionality.

This may, on occasion, allow us to make suggestions directly to individuals surrounding agreements between “you” and a third party. This would always be carried out in a fair and transparent way, ensuring that no details are shared without consent on these occasions. This excludes any aspect of assumed consent otherwise outline in this Privacy Notice.

Mtivity may use “Automatically Collected” information and “Cookies” information to: (a) automatically update the Mtivity application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Mtivity Platform; (c) provide customized third-party advertisements, content and information; (d) monitor the effectiveness of third-party marketing campaigns; (e) monitor aggregate site usage metrics such as total number of visitors and pages accessed; and (f) track your entries, submissions, and status in any promotions or other activities.

3: When Mtivity Discloses Information

Mtivity does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the Mtivity Platform – such as when you publish content, comments or profile information – becomes publicly available and may be collected and used by others without restriction.

Mtivity may disclose Automatically Collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage and demographic patterns for certain programs, content, services, advertisements, promotions, or other functionality of Mtivity.

We may disclose some limited User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Mtivity in improving the Mtivity Platform and creating new services features. We require that these parties process such information in compliance with this Privacy Notice, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.

Mtivity may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.

Mtivity also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Mtivity from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Mtivity Platform; or to protect the rights, property, or personal safety of Mtivity, our Users, or others.

4: Your Choices

You may, of course, decline to share your personally-identifiable information with Mtivity, in which case Mtivity will not be able to provide to you some of the features and functionality found on the Mtivity Platform. You may update, correct, or delete your user information and preferences by clicking on the “Personal Setup” link on the top right of the page once you have logged in to the Mtivity Platform. To protect your privacy and security, we take reasonable steps to verify your identity before granting your account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.

5: Advertisers

Mtivity may allow advertisers, third party advertising networks and third-party advertising serving companies to serve advertisements directly to you within the Mtivity site, services and software. By serving these advertisements directly to you, these companies can set their own cookies on your computer and trigger their own Web beacons to measure the effectiveness of their advertisements and to personalize the advertising content.

Mtivity does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Mtivity to show an advertisement to a certain audience (for example, males age 15 to 18) or audience segment (for example, males age 15 to 18 who have participated in certain promotions) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach. You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Notice does not apply to, and we cannot control the activities of, such other advertisers or web sites.

Mtivity reserves the right the add or remove third-party ad networks or ad servers in its discretion and Mtivity may not at all times list such updated ad network or ad server partners in this Privacy Notice.

6: Our Commitment to Data Security

Mtivity uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Mtivity, and you do so at your own risk. Once we receive your transmission of information, Mtivity makes commercially reasonable efforts to ensure the security of our systems.

However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Mtivity learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Mtivity may post a notice on the Mtivity Platform if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us via our Support Page.

7: International Visitors

For Users visiting the Mtivity Platform from the European Economic Area (EEA) or other non-U.S. territories, please note that any data you enter into the Mtivity Platform may be collected, transferred to and stored by us in the United States and by our affiliates in other countries where we operate. Therefore, your Personal Data may be processed outside the European Economic Area (EEA), and in countries which are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection as the EEA. In this event, we will ensure that the recipient of your Personal Data offers an adequate level of protection, for instance by entering into standard contractual clauses for the transfer of data as approved by the European Commission (Art. 46 GDPR), or we will ask you for your prior consent to such international data transfers.

8: In the Event of Merger or Sale

In the event that Mtivity is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

9: Changes and Updates to this Privacy Notice

This Privacy Notice may be revised periodically without further notice to you. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the Mtivity Platform constitutes your agreement to this Privacy Notice and any future revisions. For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.

10: Mtivity Contact Information

We recognise that some of the information we hold about you will change from time to time. Mtivity provides you with the option for changing information, which you have previously provided to us by contacting us via email at privacy [at] mtivity [dot] com

Please Contact Mtivity with any questions or comments about this Privacy Notice, your personal information, and our third-party disclosure practices or your consent choices via our Support Page.

Any changes you requests will be actioned within 10 working days of receipt by us.