Effective January 1st, 2016.
Sublime Software Pty Ltd. (“Sublime”, “we” or “us”) provides a platform to enable customers (“Sublime Customers”) to develop and manage smartphone and tablet applications (each a “Mobile Application”) and mobile website solutions (each a “Mobile Site”) as well as related hosting and support services (the "Service"). As used in this document “Mobile Offering” means the Mobile Applications and Mobile Sites.
- Sublime Customers,
- end users that download, access and/or use the Mobile Offerings (“End Users”), and
- visitors just browsing the Site (“Visitors”).
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organisation or among our affiliates within the Australia or internationally.
(A) Sublime Customers
If you are a Sublime Customer, when you register with us through the Site to create and manage Mobile Offerings, we will ask you for personally identifiable information, such as your name, company name, email address, billing address, and credit card information. We use such personally identifiable information (in some cases, in conjunction with your non-identifying information, such as your zip code) mainly to provide the Service, complete your transactions, administer your inquiries, and contact Sublime Customers regarding account activities, new version and product offerings, or other communications relevant to the Service.
In addition, we may collect information related to interactions of End Users with your Mobile Offerings as described in part (B) below.
We do not sell any personally identifiable information of Sublime Customers to any third parties. The instances where we may share such information with third parties are described in part (D) below.
You may review and update the personally identifiable information in your registration profile by logging in and editing such information in your dashboard. If you decide to delete all of your information we may cancel your account. We may retain an archived copy of your records as required by law or for legitimate business purposes.
(B) End Users
Except in the case of Free Mobile Website Solutions (defined below), if you decide to download, access and/or use a Mobile Offering, we will be collecting and storing on behalf of the applicable Sublime Customer any personally identifiable information that you provide to such Sublime Customer, such as your name, email address, postal code, birthday, and other optional information that a Sublime Customer may choose to collect, which optional information is not required to use the Mobile Offering. Other instances where the data you provide through use of a Mobile Offering is collected by Sublime on behalf of our Customers is where you choose to allow a Mobile Offering to collect your location data. In these instances, such location data will be available to the applicable Sublime Customer. In addition, if you have an account with Facebook, Twitter, or Foursquare or other similar websites (each a “Social Network”), your Social Network identity, including your public picture, may be associated with your location data.
THIS MEANS THAT THE SUBLIME CUSTOMER WILL BE ABLE TO IDENTIFY YOU PERSONALLY AND SEE SPECIFIC LOCATIONS THAT YOU HAVE RECENTLY VISITED, INCLUDING, POTENTIALLY, YOUR REAL TIME LOCATION, AND MAY DECIDE TO CONTACT YOU, FOR INSTANCE, BY INFORMING YOU ABOUT EVENTS OR PRODUCT OFFERINGS AVAILABLE IN YOUR AREA. YOU MAY AT ANY TIME TURN OFF THIS FUNCTIONALITY BY USING THE IN-APP PRIVACY SETTINGS.
Sublime Customers can also create and manage a Mobile Site via our Service without paying a fee to Sublime to do so (each a “Free Mobile Website Solution”). In the event that you use a Free Mobile Website Solution, Sublime will collect and store any personally identifiable information that you provide via the Free Mobile Website Solution, such as your name, email address, phone number, location and other optional information that we may choose to collect, which optional information is not required to use the Free Mobile Website Solution. We may use your personally identifiable information collected in these instances to contact you with information that may be of interest to you. If you no longer wish to receive such information from us, please follow the unsubscribe instructions provided in any of the communications. In the event that a Sublime Customer converts its Free Mobile Website Solution to one for which the customer must pay a fee to provide via our Service, the personally
On behalf of Sublime Customers, we may also collect your IP addresses as well as non-identifying details such as the geographic location of the IP address you are using to access the Internet, the type of browser used, which and how many web pages have been viewed by you, which applications you have used, search terms used, referring/exit pages, platform type and date/time information. This data is collected directly by Sublime when you use a Free Mobile Website Solution.
When you use a Mobile Offering, you may allow other End Users to send you personal messages, in which case we may send you alerts when you get a new message. You may at any time turn off this functionality by using the in-app privacy settings.
We do not sell any personally identifiable information of End Users to any third parties. The instances where we may share such information with third parties are described in part (D) below.
You may be asked by Sublime Customers to provide additional information to them, including your personally identifiable information, to be used and shared pursuant to their own privacy policies. We encourage you to read such privacy policies before providing any information to any Sublime Customers or other third parties. While working with reputable customers is a top priority for us, we are not responsible for the use of your information by Sublime Customers, and disclaim any liability related thereto.
Your Australian Privacy Rights:
Australia's Civil Code permits End Users who are Australian residents to request certain information regarding Sublime’s disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org.
This section describes the information that we may collect from Visitors. To the extent you are a Sublime Customer or an End User and visit the Site, this section will apply to you as well.
If you contact us by email or by filling-out a registration form, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you. In addition, we may use the personal information described above to send you information regarding the Sites and/or the Service. If you decide at any time that you no longer wish to receive such information or communications from us, email us at email@example.com and request to be removed from our list.
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s IP address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs.
Like many websites, we may use both session cookies and persistent cookies to better understand how you interact with the Site, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and the Service. In addition, please be aware that other parties may also place their own cookies on the Site, and may collect or solicit personal information from you. A session cookie enables certain features of the Sites and the Service and is deleted from your computer when you disconnect from or leave the Sites. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. As described above, most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
The following provisions apply to everybody (Sublime Customers, End Users and Visitors).
We may share and/or disclose information that we collect from Sublime Customers, End Users and Visitors in the following instances:
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not include personally identifiable information, and we may otherwise disclose non-identifying information and Log Data with third parties for industry analysis, demographic profiling and other purposes.
We may employ third party companies and individuals to facilitate our Site and Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analysing how our Site and Service are used. These third parties have access to information that we collect from Sublime Customers, End Users and Visitors only to perform these tasks on our behalf.
Sublime may sell, transfer or otherwise share some or all of its assets, including personally identifiable information collected from Sublime Customers, End Users and Visitors, in connection with a merger, acquisition, reorganisation or sale of assets or in the event of bankruptcy.
Compliance with Laws and Law Enforcement
Sublime cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information collected from Sublime Customers, End Users and Visitors to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Sublime or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Sublime is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorised access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Sites
Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third-party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorisation or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
Neither this Site nor the Service is directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at firstname.lastname@example.org. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.