Last Updated March 15, 2024
ALL PROVIDER DATA AND SERVICES ARE PROVIDED ON AN AS-IS, WHERE-IS BASIS, WITHOUT WARRANTY, GUARANTEE OR LIABILITY.
Locance may provide Content, including location information consisting of the approximate latitude and longitude coordinates of devices or network resources ("Location Information"), via use of the Service by Customer Applications or Client Applications as authorized in this Agreement, some of which may be obtained from or through one or more third-party provider (“Provider”). All use of Content of, about, or otherwise related to, end users (“End Users”) or their devices or network resources shall comply with the terms hereof related to such use.
2.1 Customer understands and agrees that Customer, its Clients, Authorized Users and affiliated third parties may be subject to additional unanticipated obligations and legal requirements as a result of developing, distributing or use of location aware applications or services. Customer, its Clients or Authorized Users will only access, use, copy, store and disclose Location Information of End Users as long as notice, consent and all other requirements have been satisfied and maintained. Customer, its Clients, Authorized Users, Customer Applications and Client Applications will at all times comply with applicable laws, rules and regulations, industry practices, third-party guidelines and other relevant policies and requirements, including: (i) all applicable consumer protection, marketing, data security, export and privacy laws; (ii) Federal Trade Commission and other relevant government privacy initiatives.
2.2 Customer or its Clients will comply with all of the following as amended from time to time, as applicable:
Customer or its Clients will obtain affirmative, opt-in consent from End Users as appropriate to access, use, copy, store or disclose their Location Information via any means that are required for consent to be effective and valid, and do so in compliance with all applicable laws and regulations. Customer agrees not to, and not to allow its Clients or Authorized Users to, access, use, copy, store or disclose any Location Information of End Users until the appropriate consent has been obtained.
If Customer Application or Client Application utilizes Location Information of End Users, Customer or its Clients, as applicable, must maintain records of any notice, consent and revocation for as long as the associated Customer Applications or Client Applications are in use, plus an additional five (5) years. Locance can request this information at any time and Customer shall provide it, including if such information is maintained by its Clients, within seven (7) business days of request.
If Customer Application or Client Application utilizes Location Information of End Users, except for applications using one-time location consent, Customer or its Clients will ensure that each End User may immediately revoke consent, through easy-to-use privacy settings or other readily available mechanisms on interactive devices, to the access, use, storage and/or disclosure of Location Information at any time. If End User consent is denied or withdrawn, Customer Application or Client Application may not collect, transmit, maintain, process or utilize Location Information or perform any other actions for which End User consent has been denied or withdrawn.
Customer or its Clients shall not: (a) collect or store any information delivered via the Service, other than temporary caching, and in no event longer than twenty-four (24) hours, on the Customer servers, Client servers or End User devices, for purposes other than to determine the location of a device as authorized under this Agreement; (b) use automated scripts to access the Service without the express written permission of Locance; or (c) otherwise mine or replicate, or attempt to mine or replicate, information delivered via the Service. Customer or its Clients may only use Location Information of End Users for the sole purpose of providing services as intended by End Users. Location Information of End Users shall not be accessed, used, copied, stored or disclosed for any other purpose except as intended by End User without the explicit prior consent of End User. Customer or its Clients must delete Location Information immediately when it is no longer needed and provide a readily available means for End Users to delete or request deletion of their stored Location Information.
7.1 Customer Application or Client Application must not be used to undermine End User privacy and should not allow unauthorized surveillance. To mitigate the risk of End Users being located without their knowledge and consent, Customer or its Clients must implement security measures and safeguards that protect End User privacy and safety. Depending upon the type, nature and sensitivity of the services provided through Customer Applications or Client Applications and the means by which these measures and safeguards can be implemented, it may be necessary for Customer or its Clients to encrypt sensitive data such as Location Information, use private networks to transmit such data, provide periodic notices to End Users, send reminder messages to End Users, and/or utilize audible, visual or other types of notifications as appropriate.
7.2 Customer or its Clients must carefully consider the safety implications of each location-based service and implement the appropriate safeguards to address the foreseeable risks.
7.3 Customer or its Clients must continuously monitor the use of its application(s) for any activity that violates the applicable policies or other relevant terms of use including any fraudulent, inappropriate or harmful behavior and promptly restrict the offending users from any further use of the application.
7.4 Customer or its Clients must provide a resource for End Users to report abuse of the application and a process that can address that abuse in a timely manner.
Where Location Information of an End User is disclosed to anyone other than such End User, Customer or its Clients shall ensure that the recipient only receives Location Information when necessary with consent of such End User, uses the Location Information only for the purpose for which it was provided, disposes of Location Information after use unless otherwise permitted by such End User and takes measures to protect the Location Information against unauthorized access, use, copying, storage and/or disclosure.
Customer Application or Client Application must not use Content obtained via the Service in conjunction with or alongside any other content that: (a) contain any material that is unlawful or defamatory or that infringes upon or violates any copyright, trademark, patent, personality, publicity, or privacy rights or any other intellectual property or other rights of any third party; (b) promote or facilitate any illegal activity, such as illegal gambling; (c) contain any adult themed or sexually explicit content; (d) depict violence, prejudice, discrimination, or racism; (e) contain harmful alcohol, tobacco or death-related content; or (f) contain any information that is false or likely to mislead or deceive.
Customer or its Clients will maintain an appropriate level of security and integrity for End Users and their information in connection with the use of the Service and implement procedures to prevent the transmission of Harmful Code to End Users and unauthorized access via devices used for Customer Applications or Client Applications using Locance or Provider software or services. "Harmful Code" means (a) viruses, worms or other malicious code; (b) any feature that prevents or interrupts the use of Locance or Provider networks or any device, including, without limitation, any lock, drop-dead device, Trojan-horse routine, trap door, time bomb; (c) any other code or instruction that is intended to be used to access, modify, delete, damage, or disable the functionality of Locance or Provider software, services, networks or equipment; or (d) data or messages that are unsolicited or of a volume that unreasonably burden Locance or Provider networks or equipment. Customer will immediately notify Locance if Customer or its Clients know, or have reason to know, of any breach of security or known vulnerability of the Customer's systems or its Clients' systems that could lead to a breach of these security obligations and will remedy the breach or such vulnerability within twenty-four (24) hours.
11.1 Customer or its Clients must implement and maintain administrative, physical and technical safeguards that prevent any collection, use or disclosure of, or access to, End User information that this Agreement does not expressly authorize, including, without limitation, an information security program that meets the highest standards of best industry practice to safeguard End User information. The information security program will include, without limitation, (i) adequate physical security of all premises in which End User information will be processed or stored; (ii) reasonable precautions taken with respect to the employment of and access given to personnel, including background checks and security clearances that assign specific access privileges to individuals; and (iii) an appropriate network security program. The network security program will include, without limitation, (x) appropriate access controls and data integrity controls; (y) testing and auditing of all controls; and (z) appropriate corrective action and incident response plan.
11.2 Customer or its Clients shall implement and maintain administrative, physical and technical security controls to protect Location Information and the availability and integrity of Locance and Provider networks, equipment and services. Customer or its Clients shall design, develop, build, operate and maintain Customer Applications or Client Applications to sufficiently mitigate security threats, including: (i) unauthorized access; (ii) unauthorized changes; (iii) disruptions or denial of service; (iv) escalation of user privilege; (v) service fraud; (vi) improper disclosure of sensitive information; and (vii) degradations of service.
11.3 Customer Applications or Client Applications shall have security controls to protect from threats, including, but not limited to, eavesdropping, data tampering and data collection.
11.4 No Customer Application or Client Application shall: (i) perform any functions or link to any content or use any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services or to collect, disseminate, use, store or disclose information about End Users or any other information obtained via Locance services for any unauthorized purpose; (ii) disable, override or otherwise interfere with any Locance or Provider alerts, warnings, display panels, consent panels, links and the like, including, but not limited to, those that are intended to notify End User that Location Information is being accessed, used, copied, stored or disclosed; (iii) be designed or marketed for automatic or autonomous control of vehicles, aircraft or other mechanical devices or emergency or life-saving purposes; or (iv) be designed, developed, marketed, distributed, offered or otherwise made available for the purpose of harassing, abusing, stalking, threatening or otherwise violating the legal rights (such as the rights of privacy and publicity) of others or any other illegal or unethical purpose.
Any third-party Provider content included in the Service including but not limited to network provider and organization identity, IP address geolocation and intelligence, points of interest data, mapping imagery and street data, device profile and digital identity, cellular and Wi-Fi location information accessed via the Service are for use by Customer or its Clients only, solely for Customer's or its Clients' internal business purposes as authorized under this Agreement and not for resale to any third-party, including by way of a service bureau or wholesaler. Neither Customer nor its Clients shall store any such information to create a database or other retrieval system for such information nor allow any third-party to do so.
Customer agrees to comply, and will ensure that its Clients comply, with the applicable performance and support obligations established from time to time by Locance. In the event of an incident, outage or other occurrence related to the Service, Locance may assess the severity level of the incident and, if appropriate, recommend a support, response and resolution plan. Customer understands that the intent of Locance in resolving any incident is to perform such resolution in a manner that reasonably prioritizes preservation of the integrity of Locance and Provider facilities, networks and services and End User use of services. Locance may use the contact information submitted by Customerfor support and escalation, which must be kept up to date, to communicate with Customeror its Clients regarding Customer's or Clients' performance and support obligations. Customer's or its Clients' contact information may be shared by Locance with any End Users and/or other third parties that contact Locance or a Provider directly about a Customer Application or Client Application to provide support, response and resolution services to such individuals.
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