Effective Date: November 18, 2021
These website Terms of Service for www.mobia.io constitute a legal agreement and are entered into by and between you and MOBIA Technology Innovations Incorporated (“MOBIA”, “us”, “we”). The following Terms of Service, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use, including any content, functionality, and services offered on or through www.mobia.io (the “Website”).
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT [https://www.mobia.io/legal/privacy-policy], INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Acceptance of Terms
These Terms of Service apply to all users of the Website.
The Website may contain links to third party websites that are not owned or controlled by MOBIA. The links to the third-party websites are provided for your convenience, and the inclusion of the links does not imply approval or endorsement of the third-party websites by MOBIA. MOBIA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. You are subject to any terms of service of such third-party sites.
Privacy Statement
Our Privacy Statement describes the personal information we collect when you and others use the Website. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Statement is part of these Terms of Conditions.
You acknowledge that you have read the Privacy Statement located on the Website at [https://www.mobia.io/legal/privacy-policy], as it may be updated from time to time (the "Privacy Statement"), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Statement, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.
Privacy and Security
In connection with these Terms of Service, we may disclose, or you may learn of or have access to, certain confidential proprietary information owned by us or our affiliates or business partners. Confidential Information includes, but is not limited to, the Services, any artifacts, tools, methods, data or information, oral or written, that relates to MOBIA or any of our existing or contemplated business activities, technology, developments, software, methods and trade secrets (“Confidential Information”).
Notwithstanding the foregoing, Confidential Information is deemed not to include information that: (i) is publicly available or in the public domain at the time disclosed, (ii) is or becomes publicly available or enters the public domain through no fault of the receiving party, (iii) is rightfully communicated to the receiving party by persons not bound by confidentiality obligations with respect thereto as evidenced by written records, (iv) is already in the receiving party’s possession free of any confidentiality obligations with respect thereto as evidenced by written records, (v) is independently developed by the receiving party without use of any Confidential Information as evidenced by written records; or (vi) is approved for release or disclosure by the disclosing party.
You shall maintain the Confidential Information in strict confidence and shall not disclose, publish or copy any part of the Confidential Information. You may use the Confidential Information solely for the purpose of these Terms of Service. You may not use Confidential Information, or any portion thereof, for the benefit of any third-party. You shall take all necessary precautions in handling the Confidential Information and limit disclosures on a strict need-to-know basis. Upon the termination or expiration of these Terms of Service, you will return to us or certify the destruction of all Confidential Information except such Confidential Information that we may expressly in writing authorize you to retain.
The security of your personal information is very important to us. MOBIA uses physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Portions of the Website may require user registration. It is a condition of your use of the Website that all the information you provide through the Website is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. MOBIA is not responsible for circumvention of any privacy settings or security measures contained on the Website.
Acceptable Use Policy
Accessing our site, you agree to use our Website for lawful purposes, and not to use our Website for illegal purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
If we believe you are using our Website illegally or in a manner that violates these Terms and Conditions, we reserve the right to take legal steps necessary to prevent you from accessing our site.
International Use and Compliance
The owner of the Website is based in the Province of Nova Scotia in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
User Accounts
To submit a resume in our Careers section, a user profile must be created. In creating this profile and submitting your information you are responsible to ensure the data provided is accurate and true. Accounts are created in the Ceridian application and MOBIA does not have access to view or modify user profiles, nor change passwords. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify MOBIA immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
MOBIA reserves the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Service.
Modification of Site
MOBIA may, in its sole discretion, revise these Terms of Service at any time without advance notice to you by posting the revised version of these Terms and Conditions, or Privacy Statement behind the respective link. When we change the Terms and Conditions, or our Privacy Statement, we will update the Effective Date at the top of this page. You are bound by such revisions by continuing to use or visit the Website after they are posted online. You agree to periodically review the Terms of Service in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Support or Maintenance
MOBIA is under no obligation to provide any website maintenance and does not provide user support related to Website usage.
Your Rights and Ownership
We put content on this website to inform clients about the programs and services that MOBIA offers (the "MOBIA Materials"). Unless otherwise specified, you may not reproduce materials on this site, in whole or in part, for commercial redistribution without prior written permission from us. Some of the content on this site may be subject to the copyright of another party.
MOBIA’s Rights. All right, title, and interest in and to the MOBIA Materials, including all intellectual property rights therein, are and will remain with MOBIA and, with respect to materials of third parties, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to those third-party materials. You acknowledge and agree that you have no right, licence, or authorization with respect to any of the MOBIA Materials or third-party materials (including any intellectual property rights therein) except as expressly set forth in these Terms of Service. All other rights in and to the MBIA Materials and third-party materials are expressly reserved by MOBIA and the respective third-party licensors.
Disclaimers and Liability
THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
THIS WEBSITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. IN NO EVENT WILL MOBIA OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, EXEMPLARY OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN THE DELOITTE NETWORK OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.
THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER ENTITY WITHIN THE MOBIA GROUP OF BUSINESSES AND TO OUR AND THEIR RESPECTIVE PERSONNEL.
THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MOBIA, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Website.
Governing Law and Choice of Forum
The Website and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Nova Scotia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms of Service will be instituted in the courts of the Province of Nova Scotia and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.
Contact Us
If you have any questions regarding these Terms of Service, please contact us by email: Security.Officer@MOBIA.IO, or by calling (844) 230-2729
MOBIA is registered in Canada at 100 Eileen Stubbs Avenue, Suite 100, Dartmouth, NS, B3B 1Y6
Effective Date: November 18, 2021
Your privacy is important to MOBIA. We've developed this Privacy Statement to set forth (i) how MOBIA may collect, use, store and process personal information relating to you, and (ii) how you may request deletion of your personal information. This Privacy Statement applies to MOBIA’s website(s) and all MOBIA products and services, except those products and services that have a separate privacy statement.
This Privacy Statement describes how we process personal data for our own purposes. We may also process personal data on behalf of our third-party partners subject to a written contract. We do not control the data processing or protection practices of our third-party partners, which may differ from those set out in this Privacy Statement.
Where applicable, you consent to the use of your information as described in this Privacy Statement each time you use our websites, products or services. We urge you to read this document in full and contact us if you have any questions. By accessing our website or using our applications, you acknowledge that you have read and understood this Privacy Statement.
Collection and Use of Personal Information
Personal information is information that can be used to directly or indirectly identify you. Personal information also includes anonymous information that is linked to information that can be used to directly or indirectly identify you. Personal information does not include information that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you.
You have complete control over your personal information. We will only collect personal identification information from individuals if they voluntarily submit such information to us. We may collect personal identification information from individuals in a variety of ways, including, but not limited to, when users fill out a form, and in connection with other activities, services, features or resources we make available on our website. Users can always refuse to supply personally identification information, however, it may prevent them from engaging in certain activities with us or from using certain functionality available on our website. Do not submit any personal information if you are less than 18 years of age.
What Personal Information We Collect
Depending on the products and services you use, we may collect and have collected different kinds of personal information from or about you.
- Information you provide: We may collect the personal information you provide—such as your name, organization, role, email address, phone number, mailing address, username or account password—when you use our website, products and services, create an account, contact us, participate in an online survey, apply for employment, sign-up to receive our marketing communications, interact with us at in-person events, or otherwise interact with us.
- Information about accounts: If you engage MOBIA's professional services, or buy products we sell, we may collect personal information in connection with the business transaction. This information includes payment information; account and authentication information; and billing, shipping, and contact details.
- Information about use of our products and services: When you use our products and services, including our websites and any web, mobile, and desktop applications, we may collect information about the type of device you use, your device configuration, your device’s unique identifier, the IP address of your device, your operating system, the type of Internet browser that you use, usage information, diagnostic information, browsing information, session summary information, API calls. We may gather some of this information automatically, i.e., through the use of cookies.
- Information from other parties: We may receive and process information from our affiliates and from third-party sources, such as employers, business partners, business contact databases, enrichment services, channel partners (e.g. resellers), marketing service providers, third-party data aggregators and social networking platforms (e.g., LinkedIn and Facebook). We also may receive information from publicly-available sources and licensors. In accordance with applicable law, we may combine your personal data with information we collect from other parties to help keep our databases current and accurate, and to provide you with more relevant content, experiences, applications and other offerings.
Social Networking Data: Our applications may include content, buttons, or other tools that link to another company’s services and/or platform(s) (“Plugins”). We collect information about your use of Plugins through our programs as well as our and third-party analytics tools. If you use an application that contains Plugins, information can be transferred directly from your device to a third-party provider of services and/or platforms. We do not control the data collected by Plugins. If you are logged in to a social network, the social network may be able to link your use of our application to their services and/or platform. For example, if you interact with a Plugin by clicking on "Like," "Follow," or "Share," or by writing a comment, this information may automatically appear in your profile on the relevant social network service or platform. Even if you are not logged in, the Plugins may send your IP address to social network services and/or platforms. Please note this when using our applications.
When you connect to a social networking service or platform on a device that is also used by others, these other users may be able to see information that is stored or displayed in connection with your profile on the social networking service page.
If you follow a link to a third-party website or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.
How We Use Your Personal Information
We may use personal information for the purposes described in this Privacy Statement. Generally speaking, we use personal information to provide, improve, develop, and personalize your experience with our products and services, to communicate with you, to offer you targeted opportunities and services, and to protect us and our users. We may do so with your consent, for compliance with a legal obligation, for the performance of a contract with you, or for our legitimate interests. MOBIA collects, processes, and determines how to process your personal information for the following purposes:
- Providing, improving, developing, and personalizing your experience with our products and services: We may use personal information to help us provide, improve, develop, and personalize your experience with our products and services. This includes using personal information for purposes such as data analysis, research, and audits. We may conduct surveys so we know our customers. Participation in these surveys is completely voluntary. If you participate, we will request certain personal information from you and we may use the information you provide to improve our products and services.
- Communicating with you: We may use your information to process and respond to your requests when you Contact Us. We may use personal information to communicate with you about your employment interests. We may use personal information to send you marketing communications, such as offers, promotions, newsletters, surveys, or other information in furtherance of our legitimate interests in relation to MOBIA's own products and services, and we may share your personal information with third-party partners who may send you marketing communications in relation to their products and services. If you no longer wish to receive email communications for marketing purposes, please click Unsubscribe in the email or contact us to opt out.
- Promoting safety and security: We may use personal information and user activity, to promote safety and security, such as by monitoring fraud and investigating suspicious or potentially illegal activity or violations of our terms or policies. Such processing is based on our legitimate interest in helping to ensure the safety of our products and services, to protect our company, our customers, or our websites.
You may withdraw your consent for any of the uses of your data described above by contacting us using the contact information provided below.
Disclosure of Personal Information
We may share personal information with companies that we sell products or services for, provide services on our behalf, such as website hosting; email services; marketing; advertising; auditing; data analytics; conducting customer research and satisfaction surveys; and other services that assist in providing or selling our products and services.
We make certain personal information available to strategic partners that work with us to provide our products and services or help us market to our customers.
For marketing services, we use Mailchimp, an online marketing platform. To communicate with our clients your personal information that you provide is contained within a distribution list on the Mailchimp platform.
On occasion you may be asked to complete a customer satisfaction survey regarding MOBIA's services. We use Google Forms to administer and analyze the survey results.
We use a third-party to enable you to apply for positions at MOBIA. We do not have access to the profile you create as part of the resume submission process and their privacy practices may be different from ours. If you submit Personal Information to any site, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.
We use Google Analytics to assist us with analyzing and improving our site, using log file information and other data collected through cookies, web beacons, and other tracking technology, to collect related data when you visit our Website. We collect information about your browsers or devices such as your IP address and language preferences, and actions you take such as what pages / sites you visit. Our web site does not store local cookies on your device.
Legal Compliance and Security
It may be necessary—by law or as a result of legal process, litigation, or requests from public or governmental authorities within or outside your country of residence—for us to disclose personal information. We may also disclose personal information if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate, including responding to any government or regulatory request, all in accordance with applicable laws.
We may also disclose personal information if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.
Data Protection
We maintain a combination of reasonable and appropriate physical, administrative, and technological controls to protect your data from accidental loss and from unauthorized access, use, alteration, disclosure or and other malicious actions. We take reasonable steps to limit the access employees, contractors, and agents of MOBIA have to your personal data to those who need to know this data to perform their assigned functions.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password or other credentials for access to resources, you are responsible for keeping these confidential in accordance with the Terms of Service [hyperlink to the ToS]. We ask you not to share your credentials with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our applications. Any transmission of personal information is at your own risk.
Your Rights
We take reasonable steps to ensure that your personal information is accurate, complete, and up-to-date. Depending on where you live, you may have the following rights:
You have the right to access, correct, or delete the personal information that we collect. You are also entitled to object to or restrict, at any time, the further processing of your personal information. You may lodge a complaint with the Office of the Privacy Commissioner regarding the processing of your personal information.
To protect the privacy and the security of your personal information, we may request information from you to enable us to confirm your identity and right to access such information, as well as to search for and provide you with the personal information we maintain. MOBIA will make good faith efforts to provide you with access and support so you can request that we correct the data if it is inaccurate or delete the data if MOBIA is not required to retain it by law or for legitimate business purposes. These rights may be limited in some circumstances by local law. For example, even if you ask us to delete your personal information, we may need to retain it to complete transactions you have requested, to comply with our legal obligations, or for other limited business purposes as required or permitted by law. To exercise applicable rights, please contact us using the contact information provided below.
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
You may contact us to exercise your rights. We will respond to your request in a reasonable timeframe, and in any event in less than 30 days.
You can opt out of receiving any emails from us. To stop receiving our emails, click "Unsubscribe" in any marketing email that you may get from us.
Storage and Data Retention
We store your personal data and content on our servers and the servers of our service providers. Because we and our service providers maintain servers in global locations, your personal data may be transferred across national borders and stored on the servers outside of your country or region.
We will retain your personal data for as long as necessary to provide you with the applications you are using, for the establishment, exercise or defense of legal claims, and as needed to comply with our legal obligations.
In certain circumstances we may retain your personal information after you have closed your account or are no longer actively engaged with us. For example:
- We may retain your personal information after you have closed your account so that we can send you information about products, services and publications we think you may be interested in.
- We may retain personal information about how you have used our products and services in order to improve and develop our business
- We may also use and share aggregated, non-personally identifiable data for research, external training and marketing purposes
International Transfer
We may transfer your personal data across national borders to other countries, in compliance with the laws that apply to that data which laws may or may not be as comprehensive as privacy laws in your jurisdiction.
Changes to This Privacy Statement
We may periodically change this Privacy Statement to keep pace with new technologies, industry practices, and regulatory requirements, among other reasons. We expect most such changes to be minor. Any non-material changes will take effect immediately upon posting of an updated Privacy Statement, and we will indicate the Last Modified date at the top of this document.
Your continued use of our website, products and services after the Effective Date of the Privacy Statement means that you accept the revised Privacy Statement. If you do not agree to the revised Privacy Statement, please refrain from using our products and services.
Contact Us
If you have any questions regarding this Privacy Statement or its implementation, you may email our Privacy Officer at Privacy.Officer@MOBIA.IO, or by calling (844) 230-2729.
MOBIA is registered in Canada at 100 Eileen Stubbs Avenue, Suite 100, Dartmouth, NS, B3B 1Y6