Terms of Service

Mobfish.AI has updated its Terms of Service effective June 21, 2023.

Thank you for using the Mobfish.AI platform (the "Services"). These Terms of Service (the "Agreement") explain what rights you have with respect to images and other assets which you might generate with the Service, or prompts you might enter into the Service (the "Assets"), your use of the Services, and other important topics like arbitration. Please read it carefully.

This Agreement is entered into by Mobfish Inc. and the entity or person agreeing to these terms (the "Customer," "You" or "Your") and govern the Customer's access to and use of the Services.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

Other documents referenced here may also bind Customer's use of the Services, including the Guidelines below.


1. Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services' quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

Mobfish reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.

We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.


2. Age Requirements

By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.

Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager's activity on the Services.

Mobfish tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.


3. Your Information

By using the Services, You may provide Mobfish with personal information like Your email address, user name, billing information, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy can be found in our website.


4. Copyrights

In this section, Paid Member shall refer to a Customer who has subscribed to a paying plan.

Rights You give to Mobfish

By using the Services, You grant to Mobfish, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable right to reproduce, prepare Derivative Works of, You input into the Services, or Assets produced by the service, for purpose of model training and improving the service only. This right survives termination of this Agreement by any party, for any reason.

Your Rights

Subject to the above license, You own all Assets You create with the Services, provided they were created in accordance with this Agreement. This excludes upscaling the images of others, which images remain owned by the original Asset creators. Mobfish makes no representations or warranties with respect to the current law that might apply to You. Please consult Your own lawyer if You want more information about the state of current law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership. However, You do not own the Assets if You fall under the exceptions below.

If You are an employee or owner of a company with more than $1,000,000 USD a year in gross revenue and You are using the Services on behalf of Your employer, You must purchase a "Business" membership for every individual accessing the Services on Your behalf in order to own Assets You create. If You are not sure whether Your use qualifies as on behalf of Your employer, please assume it does.

If You are not a Paid Member, You don't own the Assets You create. Instead, Mobfish grants You a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License (the "Asset License"). The full text is accessible as of the Effective Date here: https://creativecommons.org/licenses/by-nc/4.0/legalcode.

Please note: Mobfish may provide an open community later which allows others to use and remix Your images and prompts whenever they are posted in a public setting, or under Your permission. By default, Your images are NOT publically viewable and remixable.


5. Dispute Resolution and Governing Law

ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES. Sorry for putting that in caps, but hopefully You read it carefully. We're talking about serious and reasonably meritorious legal claims, not personal disputes that don't cause economic harm. The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA. Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.


6. Payment and Billing

We may invoice You for Your use of the Services through a third party payment service provider. The third party service provider's terms of service shall govern and supersede this Agreement in case of conflict.

You are free to cancel Your plan at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Any violation of Community Guidelines is a breach of this Agreement. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended.


7. Guidelines

Be kind and respect each other and staff. Do not create images or use text prompts that are inherently disrespectful, aggressive, or otherwise abusive. Violence or harassment of any kind will not be tolerated. No adult content or gore. Please avoid making visually shocking or disturbing content. We will block some text inputs automatically. Sharing others' creations. Do not publicly repost the creations of others without their permission. You may not use the Services to generate images for political campaigns, or to try to influence the outcome of an election. Be careful about sharing. It's OK to share Your creations outside of the Mobfish community but please consider how others might view Your content. Banhammer. Any violations of these rules may lead to bans from our services. We are not a democracy. Behave respectfully or lose Your rights to use the Service.


8. Limitation of Liability and Indemnity

We provide the service as is, and we make no promises or guarantees about it.

You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise.

You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.

If You knowingly infringe someone else's intellectual property, and that costs us money, we're going to come find You and collect that money from You. We might also do other stuff, like try to get a court to make You pay our attorney's fees. Don't do it.


9. Miscellaneous

Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

Privacy Policy

Mobfish.AI has updated its Privacy Policy effective June 1, 2023. To view the previous version of Mobfish.AI's Privacy Policy, click the link below

Privacy Policy (Updated June 1, 2023)

 

Mobfish.AI's Privacy Policy describes how Mobfish.AI collects, uses, and discloses your information.

This Privacy Policy also explains your choices surrounding how we use your personal information, which include how you can object to certain uses of the information and how you can access and update certain information.

Here are some important definitions to help you understand our terms and this Privacy Policy:

Mobfish.AI, Inc., and our relevant affiliates are referred to as "Mobfish.AI", "we", "us", and "our".

Our public websites, including www.mobfish.ai, are referred to as the "Website".

Our online software-as-service platform including any related APIs provided by Mobfish.AI, together with all related mobile and desktop applications are collectively referred to as the "Services".

Content submitted, posted or modified by users in the Service is organized into separated sections that are referred to as "Workspaces".

1. Information we collect

We collect information when you provide it to us, when you use our Website or Services, and when other sources provide it to us, as further described below.

A. Information You Provide to Us

Account Creation: When you create an account or otherwise use the Services, we collect information such as your name, email address, password, role within your team or enterprise, and an optional profile photo.

Your Communications with Us: We collect information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us. We also collect the contents of messages or attachments that you may send to us, as well as other information you choose to provide, and that may be associated with your communications.

Payment Information: When you purchase a subscription to the Services, you will need to provide payment information (e.g., financial account details, shipping information) to process your subscription. We use third-party payment providers to process payments on the Services. We may receive information associated with your payment information, such as billing address and transaction information, but we do not directly store payment information on the Services. Payment information is stored and processed by our payment providers on our behalf.

Surveys: We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include contact information and other information about you.

Interactive Features: We may offer interactive features such as forums, blogs, chat and messaging services, and social media pages. We and others who use our Website or Services may collect the information you submit or make available through these interactive features. Any content you provide via the public sections of these features will be considered "public" and is not subject to the privacy protections referenced herein. By using these interactive features, you understand that the information provided by you may be viewed and used by third parties for their own purposes.

Registration for Sweepstakes or Contests: We may run sweepstakes and contests. Contact information you provide may be used to inform you about the sweepstakes or contest and for other promotional, marketing and business purposes.

Conferences, Trade Shows, and Other Events: We may attend conferences, trade shows, and other events where we collect contact information from individuals who interact with or express an interest in the Services.

Job Applications. We may post job openings and opportunities on the Website or Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

B. Information Collected Automatically

Automatic Data Collection: We keep track of certain information about you when you visit and interact with our Website or Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information (including inferred general location based off of your IP address), Internet service provider, pages that you visit before, during and after using the Website or Services, information about the links you click, information about how you interact with the Website or Services, including the frequency and duration of your activities, and other information about how you use the Website or Services. Information we collect may be associated with accounts and other devices.

Cookies, Pixel Tags/Web Beacons, and Analytics Information: We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies ("Technologies") to automatically collect information through the Website or Services. Technologies are essentially small data files placed on your devices that allow us and our partners to record certain pieces of information whenever you visit or interact with our Services. For more information regarding these Technologies, please see our Cookie Notice.

Analytics: We may also use third-party service providers to collect and process analytics and other information on our Website or Services. These third-party service providers may use Technologies to collect and store analytics and other information. They have their own privacy policies addressing how they use the analytics and other information and we do not have access to, nor control over, third parties ' use of cookies or other tracking technologies. For more information regarding third-party cookies, please see our Cookie Notice.

Advertising: In using the Website or Services, we may allow select third party advertising technology partners to place Technologies on the browser of your device to collect information about you as discussed above. These third parties (e.g., ad networks and ad servers) may use this information to serve relevant content and advertising to you as you browse the Internet, and access their own Technologies on your browser to assist in this activity. If you are interested in more information about these online advertising activities, and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out link, the Digital Advertising Alliance's Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. You can also opt out of certain online advertising activities by following the instructions in the "Your Choices" and "Your Privacy Rights" sections below. Please note that if you use these mechanisms, you may still see advertising on our Website or Services or across the Internet, but it will not be tailored to you based on your online behavior over time.

C. Information from Other Sources

We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Website or Services through a third-party application, such as a social networking site or a third-party login service, we may collect information about you from that third party that you have made available via your privacy settings. In addition, if you register a Mobfish.AI account or associate a Mobfish.AI account with an email address provisioned by your organization, we may obtain information from third party data enrichment providers to help us to better tailor business-to-business marketing and sales outreach to you.

2. How we use your information

We use your information for a variety of business purposes, including to:

Provide the Services or Requested Information, such as:

Fulfilling our contract with you;

Identifying and communicating with you, including providing newsletters and marketing materials;

Managing your information;

Processing your payments (which are processed and stored by our third-party payment processors on our behalf) and otherwise servicing your purchase orders;

Responding to questions, comments, and other requests;

Providing access to certain areas, functionalities, and features of our Services; and

Answering requests for customer or technical support. Serve Administrative and Communication Purposes, such as:

Pursuing legitimate interests, such as research and development (including marketing research), network and information security, and fraud prevention;

Sending communications about new product features, promotions, Mobfish.AI's strategic partners, and other news about Mobfish.AI;

Measuring interest and engagement in our Services, including analyzing your usage of the Services;

Developing new products and services and improving the Services;

Ensuring internal quality control and safety;

Authenticating and verifying individual identities;

Carrying out audits;

Communicating with you about your account, activities on our Services and Privacy Policy changes;

Preventing and prosecuting potentially prohibited or illegal activities;

Enforcing our agreements; and

Complying with our legal obligations

Facilitating Collaboration in a Workspace: If you join a Workspace owned by another user or organization, or collaborate with other users on Mobfish.AI, Mobfish.AI may share basic information about you such as your name, email address, profile picture, Workspace name and Workspace ID with the other users or organizations.

Managing Workspaces for Organizations: If you register a Mobfish.AI account or associate a Mobfish.AI account with an email address provisioned by your organization, Mobfish.AI may share information about you and any Workspaces owned or managed by you with your organization. Such information could include your name, email address, and profile picture, as well as the Workspace name, Workspace ID, membership size, creation date of your Workspace, email address, and content within your Workspace with your organization. If you registered to use Mobfish.AI 's Services with such an email address, but you do not use the Services in connection with your organization and you do not wish for this information to be shared with your organization, you may transfer your account to a different email address. For information on how to change the email address associated with your Mobfish.AI account please follow the instructions here: https://www.Mobfish.AI. If you would like additional assistance, please contact support@mobfish.ai

Marketing of Products and Services: In accordance with applicable legal requirements, we may use your information to tailor and provide you with content and advertisements. If you have any questions about our marketing practices or if you would like to opt out of the use of your information for marketing purposes, you may contact us as set forth below.

Consent: We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

De-identified and Aggregated Information Use: We may use de-identified and/or aggregated information that can no longer be reasonably linked to you or your device from the information we collect. De-identified and/or aggregated information is not subject to this Privacy Policy, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

Process Information on Behalf of Our Customers: Our customers may choose to use our Services to process certain data of their own, which may contain information from or about you. Such personal information that is processed by us on behalf of our customers, and our privacy practices will be governed by the contracts that we have in place with our customers, not this Privacy Policy.

If you have any questions or concerns about how such information is handled or would like to exercise your rights, you should contact the person or entity (i.e., the data controller) who has contracted with us to use the Service to process this information. Our customers control the information in these cases and determine the security settings within the account, its access controls and credentials. We will, however, provide assistance to our customers to address any concerns you may have, in accordance with the terms of our contract with them.

How We Use Automatic Collection Technologies: Our uses of Technologies fall into the following general categories:

Operationally Necessary;

Performance Related;

Functionality Related; and

Marketing Related.

For more information, please see our Cookie Notice.

Cross-Device Tracking: Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.

3. Disclosing your information

We may disclose your information to the following categories of third parties:

Service Providers: We may disclose information we collect about you to our third-party service providers. The categories of service providers to whom we entrust your information include service providers for: (i) the provision of the Services; (ii) the provision of information, products, and other services you have requested, including Non-Mobfish.AI Services as that term is defined in the Agreement; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; (vi) the provision of IT and related services; and (vii) fraud prevention and user authentication.

Business Partners: At your request, we may provide information to business partners to provide you with a product or service of interest to you. We may also provide information to business partners with whom we jointly offer products or services.

Affiliates: We may disclose information to our affiliated entities, who are under common ownership and/or control with us.

Advertising Partners: We do not disclose or use your information to advertise any third party 's products or services via the Services. However, as explained in detail in the "Information Collected Automatically" section above, we may disclose your information to third-party advertising partners to market our own Services and grow our Services ' user base, such as to provide targeted marketing about our own Services via third-party services. I Please see the "Your Choices" and "Your Rights" sections below for more information and to opt out.

We may disclose your information to other third parties, including other users, in the following circumstances:

Workspaces Accessible by Other Users: When you submit information in a workspace that can be accessed by others, such information may be displayed to other users in the same or connected workspaces. For example, your information may be included in your notes or reminders in a workspace which can be viewed by other users collaborating with you in that workspace. Further, your email address or photo may be displayed with your workspace profile to other users collaborating with you in that workspace.

Organizational Workspaces: We allow organizations to access the profile information of users within their workspace, including to allow such organization to validate that such user is actually authorized by such organization to use the Services.

Share Content with Friends or Colleagues: Our Services may allow you to provide information about your friends, and may allow you to forward or share certain content with a friend or colleague, such as an invitation email. You agree to only provide information about a friend or colleague with their consent.

Disclosures to Protect Us or Others: We may access, preserve, and disclose any information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our, or others ' rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfer: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of some or all assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

4. International Data Transfers

All information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. When we engage in such transfers, we endeavor to safeguard your information consistent with the requirements of applicable laws.

5. Your Choices

General: You may have the right to object to or opt out of certain uses of your information. Where you have consented to the processing of your information for a specific purpose, you may withdraw that consent at any time by contacting us as described below. Even if you opt out, we may still collect and use your information for other purposes that were not based on your consent.

Email Communications: If you receive an email from us and do not want to receive future emails from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to this Privacy Policy).

Mobile Devices: We may send you push notifications through our Apps. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device. With your consent, we may also collect precise location information if you use our Apps. You may opt out of this collection by changing the settings on your mobile device.

"Do Not Track": Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications that you do not wish such operators to track certain of your online activities over time and/or across different websites. Like most online services, we do not currently respond to Do Not Track signals. However, as discussed below in the "Your Privacy Rights" section, we do honor legally-recognized browser-based mechanisms (such as the Global Privacy Control designed to signal your opt out choices under certain state laws).

Cookies: You may stop or restrict the placement of Technologies on your device. Mobfish.AI provides settings for you to update your preferences in our Services. These settings can be found in the footer of our website. If you have a Mobfish.AI account and are logged in to the Services, you can access your Cookie settings in the "Settings & Members" menu under the "My notifications & settings" section. For more information, please see our Cookie Notice.

6. Your Privacy Rights

Depending upon your location and in accordance with applicable laws, you may have the right to:

Access information about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic information transferred to another party.

Request Correction of your information where it is inaccurate or incomplete.

Request Deletion of your information, subject to certain exceptions prescribed by law.

Request Restriction or Object to Processing of your information.

Not be Discriminated Against by us for exercising your privacy rights.

If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws, and in some circumstances may need to deny your request in whole or in party (e.g., if we have a legal obligation to maintain your information for a certain purpose). To protect your privacy, we will take steps to verify your identity before fulfilling your request, such as by requiring you to submit your request via your account. You have the right to submit a request through an authorized agent, but we will require the agent to provide us with your written permission, and we may need to confirm your identity before processing the agent 's request.

Depending on your location of residence, you may have the right to appeal our response to your request. In such circumstances, we will inform you of the right to appeal and the appeal process.

Request restriction on selling or sharing of "personal information": As explained in the "Information Automatically Collected" section above, we provide information about your device and online browsing activities to third-party advertising providers for targeted advertising and related purposes, so that we can provide you with more relevant and tailored ads regarding our Services. The disclosure of your information to these third parties to assist us in providing these services may be considered a "sale" of personal information under applicable law or the processing/sharing of personal information for targeted advertising purposes.

If you would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered "sales" for those third parties' own commercial purposes, or "sharing" for purposes of targeted advertising, please click on the "Do Not Sell or Share My Info" link on the bottom of our website footer at www.mobfish.ai. You can also submit a request to opt out of our disclosures of information that are subject to applicable opt out rights by emailing us at privacy@mobfish.ai.

Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, (e.g., global privacy control) we recognize such preference in accordance with applicable law.

7. Data Retention

We store the information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

8. Security of your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using the Services or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system 's breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an email to you.

9. Third-Party Websites/Applications

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

10. Children's Information

Our Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as possible.

11. Supervisory Authority

If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your information violates applicable law.

12. Additional Information for California Residents

If you are a California resident, the California Consumer Privacy Act ("CCPA") requires us to provide you with the following additional information about: (1) the purpose for which we use each category of "personal information" (as defined in the CCPA) we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) "share" personal information for "cross-context behavioral advertising," and/or (c) "sell" such personal information. Under the CCPA, "sharing" is defined as the targeting of advertising to a consumer based on that consumer 's personal information obtained from the consumer 's activity across websites, and "selling" is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. Our use of third-party online advertising services, which are described in detail above, may result in the disclosure of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a "sale" or "sharing" under the CCPA.

For information about our purposes of use of personal information, see the "Information we collect" section above.

For purposes of the CCPA, we have collected the following categories of consumers ' personal information, and disclosed the personal information to the following categories of third parties for a business purpose, in the last 12 months:

Category Entities to Which We Have Disclosed Personal Information for a Business Purpose Entities to Which We Have Sold/Shared Personal Information

Identifiers. Affiliates; service providers; advertising partners; entities for legal purposes; entities for business transactions; entities with your consent. Advertising partners

Commercial information. Affiliates; service providers; entities for legal purposes; entities for business transactions; entities with your consent. We do not sell/share.

 

Internet or other electronic network activity. Affiliates; service providers; advertising partners; entities for legal purposes; entities for business transactions; entities with your consent. Advertising partners

Geolocation data. (general location information, not precise GPS) Affiliates; service providers; advertising partners; entities for legal purposes; entities for business transactions; entities with your consent. Advertising partners

Sensory data. Affiliates; service providers; entities for legal purposes; entities for business transactions; entities with your consent. We do not sell/share.

Professional or employment-related information. Affiliates; service providers; entities for legal purposes; entities for business transactions; entities with your consent. We do not sell/share.

Inferences drawn from other personal information to create a profile about a consumer. Affiliates; service providers; advertising partners; entities for legal purposes; entities for business transactions; entities with your consent. Advertising partners

 

Your Choices Regarding "Sharing" and "Selling": You have the right to opt out of our sale/sharing of your personal information for purposes of online analytics and advertising by clicking on the "Do Not Sell or Share My Info" link on our website footer. To opt out of the offline disclosure of your information to third parties for these purposes, please email us at support@mobfish.ai

Other CCPA Rights: If we ever offer any financial incentives in exchange for your personal information, we will provide you with appropriate information about such incentives.

The CCPA also allows you to limit the use or disclosure of your "sensitive personal information" (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.

Please see the "Your Rights" section of our Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.

Retention of Your Personal Information. Please see the "Data Retention" section above.

Shine the Light Disclosure: The California "Shine the Light" law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we disclose certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We currently do not disclose your personal information to third parties for their own direct marketing purposes.

13. Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

Contact us:

If you have any questions about our privacy practices or this Privacy Policy, please contact us at:

support@mobfish.ai