Last Updated: May 24, 2018

Curate Mobile™ Privacy Policy

Summary

Thank you for visiting the Curate Mobile™ website located at www.curatemobile.com (the “Site”). The Site is an Internet property of Curate Mobile Ltd. (“Curate Mobile™,” “we,” “our” or “us”). The following Curate Mobile™ Privacy Policy (“Privacy Policy”) sets forth our policies for the collection, storage and usage of your “Personal Data.” For purposes of this Privacy Policy, “Personal Data” means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as your name, your address, your phone number and your email address.

Please note, Curate Mobile™ is considered the “Data Controller” in connection with the Personal Data collected pursuant to this Privacy Policy for purposes of applicable data protection laws, including the General Data Protection Regulation (“GDPR”). We only collect Personal Data that you provide to us, e.g. during the registration process or for the purpose of handling the contractual relationship that you have with Curate Mobile™, and only to the extent necessary for those purposes. Further, we only use and store your Personal Data if you have given us your express consent or, in the alternative, to the extent that you have explicitly granted us permission, e.g. pursuant to the contractual relationship between you and Curate Mobile™.

Background

Without limiting the foregoing, this Privacy Policy covers our treatment of Personal Data and other information that we collect when an end-user visitor to the Site (“User,” “you” or “your”): (a) accesses certain information relating to the Curate Mobile™ Offerings (as defined below), including text, images, graphics and other material made available by Curate Mobile™ (collectively, “Curate Mobile™ Content”); (b) accesses certain features of the online interface and associated mobile marketing services made available by Curate Mobile™ (collectively, the “Platform”), which enables: (i) individuals and/or entities that register as publishers (“Publishers”) to perform mobile marketing services for individuals and/or entities that have registered as Curate Mobile™ advertisers (“Advertisers”); and (iii) where applicable, individuals and/or entities to register as Advertisers and obtain the mobile services of registered Publishers in connection with the Platform; (c) accesses links to Curate Mobile’s™ social media pages/accounts (collectively, “Social Media Pages”) featured on third-party social media websites, such as Facebook® and LinkedIn® (collectively, “Social Media Websites”); and/or (d) accesses the various contact forms (“Forms”) and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Curate Mobile™ (collectively, the “Contact Services,” and together with the Site, Curate Mobile™ Content and Platform, the “Curate Mobile™ Offerings”).

In order to register as an Advertiser, you must enter into the Curate Mobile Advertiser Agreement (“Advertiser Agreement”) and in order to register as a Publisher, you must enter into the Curate Mobile Publisher Agreement (“Publisher Agreement,” and together with the Advertiser Agreement, the “Network Agreements”).

IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Please be advised that Curate Mobile™ is not in any way affiliated with Facebook or LinkedIn, and the Curate Mobile™ Offerings are not endorsed, administered or sponsored by Facebook or LinkedIn.

Your California Privacy Rights

Curate Mobile™ will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your Personal Data with third parties who perform administrative functions on our behalf. If you are a resident of the State of California and would like to learn how your “Personal Data” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of Personal Data/personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: privacy@curatemobile.com; call us at: (416) 840-4619; or send us mail to: Curate Mobile Ltd., 8 Market Street, Suite 500, Toronto, Ontario, M5E 1M6, Canada.

Personal Data Collected

We collect Personal Data when you access certain of the Curate Mobile™ Offerings and complete the required information request form and/or otherwise provide such information to us. For example, in connection with obtaining access to the Platform as an Advertiser or a Publisher, and/or otherwise completing the Site registration process, Curate Mobile™ will collect the following information applicable to the User: (a) the name of the User’s business entity (“Entity”) (as well as any applicable Entity’s trade name and business entity type (e.g., corporation, limited liability company, partnership, etc.)); (b) the Entity’s street address; (c) the Entity’s primary contact’s full name; (d) the Entity’s primary contact’s e-mail address; (e) the Entity’s primary contact’s telephone number; (f) the Entity’s primary contact’s fax number; (g) the Entity’s billing address; (h) the Entity’s preferred method of payment (credit and/or debit card information); and/or (i) any other information requested on the applicable form. For purposes of this Privacy Policy, item (h) in the preceding sentence shall be referred to as “Sensitive Information.”WIRE AND EMAIL TRANSFER

Use of Personal Data

Curate Mobile™ will never share, sell, rent, exchange or barter your Personal Data to or with any third party for financial gain or marketing purposes. By making that Personal Data available to Curate Mobile™, you grant Curate Mobile™ the right, subject to applicable law, to use that Personal Data (other than Sensitive Information) to contact you by telephone and email regarding your use of the Curate Mobile™ Offerings. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message, or see the “Opt-Out/Unsubscribe” section below.

We will also use your Personal Data for customer service, to provide you with information that you may request, to customize your experience with the Curate Mobile™ Offerings and/or to contact you when necessary in connection with your use of the Curate Mobile™ Offerings. We may also use your Personal Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Curate Mobile™ Offerings.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ Personal Data solely as needed to perform these functions for us, but we do not permit them to use User Personal Data for other purposes.

At times, we may want to contact you via telephone regarding your use of the Curate Mobile™ Offerings. To enable us to contact you by telephone regarding your use of the Curate Mobile™, you agree that by submitting your Personal Data by and through the Curate Mobile™ Offerings, such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

At times, we may want to contact you via your mobile device regarding your use of the Curate Mobile™ Offerings. To enable us to contact your mobile device, you agree that, where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Curate Mobile™ Offerings, and your consent simply allows Curate Mobile™ to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Curate Mobile™ of the Phone Number Change via e-mail at: privacy@curatemobile.com, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past Personal Data, including Sensitive Information: (i) in the event that we believe that the Curate Mobile™ Offerings are being or have been used in material violation of the Terms and Conditions and/or Network Agreements or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Data pursuant to a subpoena; (iii) to comply with a legal obligation, including sharing your name/e-mail address with third-parties to assist you with your opt out requests in compliance with applicable law, including the GDPR and the CAN-SPAM Act of 2003, as amended from time-to-time; (iv) to protect and defend the rights or property of the Company and/or its other Users; (v) to act in urgent circumstances to protect the personal safety of Users or the public; or (vi) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Curate Mobile™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your Personal Data.

Non-Personal Data Collection and Use IP Addresses/Browser Type

We may collect certain non-personally identifiable information about your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Curate Mobile™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Curate Mobile™ Offerings.

Cookies

When a User visits the Site, and that User agrees to the terms of our cookie policy, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign a unique identifier to the applicable User’s computer. To opt-out of allowing us to use Cookies in connection with your computer/mobile device, please e-mail us at: privacy@curatemobile.com; provided, however, that certain Cookies are required for use of the Platform as set forth in Exhibit A below, and opting-out of such Cookies could limit your ability to use the Platform. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, visit www.cookiecentral.com. To find out more about the Cookies we use in connection with the Platform, please see Exhibit A below.

We use Cookies to improve the quality of the Curate Mobile™ Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site). We do not use Cookies to track your Internet browsing activity, or to serve you advertisements.

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Curate Mobile™ Offerings; provided, however, that certain functions of the Curate Mobile™ Offerings may be impaired or rendered inoperable if the use of Cookies is disabled.

Behavioral Tracking

Neither Curate Mobile™, nor any third party, uses cookies, pixels or other tracking technology on the Site for purposes of tracking Users’ activities after they leave the Site. Nevertheless, most Internet browsers contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the User’s Internet browser notifies other websites that the User does not want his/her Information and online behavior to be tracked and used, for example, for behavioral advertising.

Cross Device Tracking

Curate Mobile™ does not track Users’ use of the Curate Mobile™ Offerings across multiple devices, including personal computers and Mobile Devices.

Aggregate Data

Curate Mobile™ reserves the right to transfer and/or sell aggregate or group data about Users of the Curate Mobile™ Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Curate Mobile™ Offerings Users as a group, without disclosing Personal Data, or linking any personally identifiable information.

Credit and/or Debit Card Transactions

Curate Mobile™ utilizes third party service providers to provide credit and debit card payment processing services. If you choose to purchase Publisher services in connection with any marketing campaign undertaken by and through the Platform, the credit or debit card information provided will either be collected directly by such third party service provider, or we will share that payment information with our contracted third party service provider(s). Curate Mobile™ requires that its third party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third party payment processing service provider(s).

Social Media Websites/Interactive Services

If you engage in any interaction with Curate Mobile™, other Users or any third party on any Social Media Pages or via the Interactive Services, you should be aware that: (a) the Personal Data that you submit by and through such Social Media Pages and/or Interactive Services, as applicable, can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Curate Mobile™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Curate Mobile’s™ social media accounts.

We are not responsible for the Personal Data that you choose to submit on any Social Media Websites or via the Interactive Services. The Social Media Websites operate independently from Curate Mobile™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites. Curate Mobile™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Curate Mobile™ has no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our Users’ Personal Data. When Users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline). Where we ask Users to enter Sensitive Information, if ever, and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).]

Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public. All of our Users’ Personal Data is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User Personal Data to perform a specific job are granted access to User Personal Data. Our employees are dedicated to ensuring the security and privacy of all User Personal Data. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User Personal Data on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure. Any transmission of data at or through the Site, other Curate Mobile™ Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable law, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Data at the Site. Curate Mobile™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Curate Mobile™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: privacy@curatemobile.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Curate Mobile™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Curate Mobile™ Offerings-related and/or inquiry response-related messages from Curate Mobile™, you must cease requesting and/or utilizing the Curate Mobile™ Offerings and/or cease submitting inquiries to Curate Mobile™, as applicable.

Deleting, Modifying and Updating Your Information

We will only maintain your Personal Data for as long as needed for the purpose collected, including providing you with access to the Curate Mobile™ Offerings that you have requested. At your request, we will: (a) inform you of what Personal Data we have on file for you; (b) amend the Personal Data that we have on file for you; and/or (c) remove Personal Data that you have provided to us, or that we have collected, from our servers/databases and the servers/databases of any third party that we have provided your Personal Data to. You may do so by e-mailing us at: privacy@curatemobile.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your Personal Data may terminate your access to certain of the Curate Mobile™ Offerings. If you wish to continue using the full complement of Curate Mobile™ Offerings, you may not be able to delete all of the Personal Data that we have on file for you.

Please be further advised that, after you delete your Personal Data, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer of Personal Data Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may, solely where permitted by applicable law, including the GDPR, result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers where permitted by applicable law. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

Curate Mobile™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Data changes, Curate Mobile™ will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, you may email us as at: privacy@curatemobile.com; call us at: (416) 840-4619; or send us mail to: Curate Mobile Ltd., 8 Market Street, Suite 500, Toronto, Ontario, M5E 1M6, Canada.

Exhibit A

Using the Platform located at console.curatemobile.com requires you to accept the use of Cookies, and in such instances, we may not obtain separate consent from you for the use of such Cookies. If you do not wish to accept the Cookies we use in connection with the Platform, or (for Publishers) the Cookies provided by Advertisers that track actions in connection with marketing campaigns, you will not be able to use the Platform.

We use a Cookie to remember your account preferences. Therefore: If you delete all of your Cookies from your Internet browser, you will have to update your preferences with us again; and If you use a different computer/mobile device, computer profile or Internet browser you will have to tell us your preferences again. The Cookies used in connection with the Platform are based on the International Chamber of Commerce guide for Cookie categories: Strictly necessary Performance Functionality For more information about cookies see the Further Reading on Cookies link below.

Strictly Necessary Cookies

“Strictly Necessary” Cookies help you to better navigate the Site and log in to your secure account. These Cookies do not gather any information about you that could be used for marketing purposes, or for tracking other websites that you have visited on the internet.

We use these Strictly Necessary Cookies to:

Identify you as being logged in to the Platform Remember information that you have previously entered on Site forms when you navigate to different pages of the Site in a single web browser session; Help you use specific features of the Curate Mobile™ Offerings, like the testing of tracking links; and Make sure you connect to the right Curate Mobile™ Offerings when we make any changes to the Curate Mobile™ Offerings. Strictly Necessary Cookies will NOT be used by us to: Gather information that could be used to advertise products or services to you; Remember your preferences or username beyond your current visit; or Target you with advertisements on other websites. Accepting these Cookies is a condition of using the Platform, so if you disable these Cookies, you cannot use the Platform.

Here is a list of the Cookies we have defined as Strictly Necessary:

Strictly Necessary Cookies Used on the Platform by Curate Mobile™: PHPSESSID Strictly Necessary Cookies on the Platform that Are Provided by Third Parties: Curate Mobile™ does not currently employ any Strictly Necessary Cookies made available from third parties. Performance Cookies “Performance” Cookies collect information about how you use the Site e.g. which pages you visit, and if you experience any errors. These Cookies do not collect any information that could identify you, and all of the information collected is anonymous and is only used to help us improve how our Site and Platform work, understand what interests our users and measure how effective our advertising is.

We use Performance Cookies to:

Provide statistics on how our Site and Platform are used; Help us improve the Site and Platform by measuring any errors that occur; and Test different designs of the Site and Platform. Cookies we have defined as Performance Cookies will NOT be used to: Remember your preferences or username beyond your current visit; or Target you with advertisements on other websites. In some cases, some of these Cookies are managed for us by third parties, but we do not allow the applicable third parties to use the Cookies for any purpose other than those listed above.

Using our Site indicates that you accept the use of Performance Cookies. Accepting these Cookies is a condition of using the Platform but is NOT a condition of using the Site and other Curate Mobile™ Offerings. Here is a list of the Cookies we have defined as Performance Cookies: Performance Cookies Used on the Platform by Curate Mobile™: aff_conversions __utma __utmb __utmc __utmz _pmy_visit _pmy_visitor is_returning Performance Cookies on the Platform that Are Provided by Third Parties: Solely where you have provided Curate Mobile™ with affirmative consent under applicable law, Curate Mobile™ may use Performance Cookies made available from third parties in order to utilize information regarding past Site visits, and information provided by Curate Mobile’s™ third party partners, to tailor aspects of the Curate Mobile™ Offerings to your preferences . Functionality Cookies “Functionality” Cookies are used to provide services to you, or to remember settings to improve your Site visits.

We use Functionality Cookies to:

Remember settings that you have established, such as layout, text size, preferences and colors; Remember if we have already asked you if you would like to fill out a given survey; Provide proactive live chat sessions to offer you support or submit a trouble ticket; Show you when you are logged in to the Platform/Site; and Share information with partners that provide services on the Platform/Site. The information shared will only be used to provide the applicable service, product or function and not for any other purpose. Cookies we have defined as Functionality Cookies will not be used to: Target you with advertisements on other websites. Some of these Cookies are managed for us by third parties. Where this is the case, we do not allow the applicable third parties to use the Cookies for any purpose other than those listed above, on our behalf.

Accepting these Cookies is NOT a condition of using the Site and other Curate Mobile™ Offerings.

Here is a list of the Cookies we have defined as Functionality Cookies: app_user swidth Further Reading on Cookies

Useful information about Cookies can be found at: All about Cookies: http://www.allaboutCookies.org Internet Advertising Bureau: A guide to behavioral advertising and online privacy has been produced by the Internet advertising industry which can be found at: http://www.youronlinechoices.eu International Chamber of Commerce United Kingdom:Information on the ICC (UK) UK Cookie guide can be found on the ICC website at: http://www.international-chamber.co.uk/our-expertise/digitaleconomy