Last Updated November 5, 2022
ALL SERVICE PROVIDER DATA IS 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 ("Location Information"), via use of the Service by Customer Applications as authorized in this Agreement. All use of Content of, about, or otherwise related to, end users (“End Users”) or their devices shall comply with the terms hereof related to such use.
Customer shall provide all necessary Tier 1 support to End Users and supply Locance with 24x7 technical support and customer service contact information, as applicable. Such contact information may be shared with Service Providers so that they may direct End Users to contact Customer in event any such End Users contact a Service Provider for assistance with a Customer Application.
Customer Applications that utilize Location Information of End Users must include consumer disclosure containing clear and conspicuous notice about how their Location Information will be accessed, used, copied, stored or disclosed by Customer which must be presented to each such End User for acceptance prior to use of Customer Application. Customer shall make no representation of accuracy, completeness or timeliness of Location Information or the location capabilities of the Service within any End User License Agreement ("EULA") for the Customer Application or any other document. All notices, EULAs and privacy policies shall be readily available and easily accessible by End Users.
5.1 Customer understands and agrees that Customer and affiliated third parties may be subject to additional unanticipated obligations and legal requirements as a result of developing, distributing and/or use of location aware applications or services. Customer 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 and all Customer 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.
5.2 Customer will comply with all of the following as amended from time to time, as applicable:
Customer will comply with Sections 6.1 through 6.5 below if the Customer Application utilizes Location Information of End Users.
6.1 Customer 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. Customer agrees not to access, use, copy, store or disclose any Location Information of End Users until the appropriate consent has been obtained. Privacy settings shall be used to allow flexibility to determine the level of acceptable consent. End Users shall have the ability to easily change privacy settings at any time.
6.2 Customer must:
6.3 With the exception of self-service (location is revealed only to the End User), Customer must provide notice to, and obtain the affirmative consent of, the person to be located (the "Locatee") prior to permitting an application or person (the "Locator") to view the Locatee's geographic location. Such notice must, at the minimum inform, the Locatee that the Locator is seeking permission to locate the Locatee.
6.4 For applications where End Users are able to locate other Locatees (e.g. social-networking applications), Customer must provide the Locatee with the option of being notified each time that the Locatee is being located and by whom (i.e., the Locator’s name/identifier). If such an application is one in which only adults may participate, Customer must verify the End User's age using a reliable method.
6.5 Except for applications using one-time location consent, Customer must provide End Users with the ability to easily, conveniently and instantly revoke their consent or permission to locate them on a 24x7 basis and, at a minimum, via the method by which the End User consented. Once revoked, Customer must immediately cease accessing and using the End User's Location Information.
7.1 If Customer Application utilizes Location Information of End Users, Customer must clearly and conspicuously document the presentation of the appropriate notices to the End Users. Such record must, at a minimum, include:
7.2 If Customer Application utilizes Location Information of End Users, Customer must maintain records of any notice, consent and revocation for as long as the associated Customer Applications are in use, plus an additional two (2) years. Locance can request this information at any time and Customer shall provide it within seven (7) business days of request.
If Customer Application utilizes Location Information of End Users, except for applications using one-time location consent, Customer 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 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 shall not: (a) collect or store any information delivered via the Service, other than temporary caching on the Customer 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 attempt to mine information delivered via the Service. Customer 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 must delete Location Information immediately when it is no longer needed and provide a readily available means for End Users to delete their stored Location Information.
10.1 Customer 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 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 and the means by which these measures and safeguards can be implemented, it may be necessary for Customer 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.
10.2 Customer must carefully consider the safety implications of each location-based service and implement the appropriate safeguards to address the foreseeable risks.
10.3 Customer 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.
10.4 Customer 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 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.
Content available through any Customer Applications must not: (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 alcohol, tobacco or death-related content; and (f) contain any information that is false or likely to mislead or deceive.
Customer will maintain an appropriate level of security and integrity for End Users and their information in connection with the use of the Services and implement procedures to prevent the transmission of Harmful Code to End Users and unauthorized access to devices and Locance or Service Provider networks. "Harmful Code" means (a) viruses, worms or other malicious code; (b) any feature that prevents or interrupts the use of Locance or Service 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 Service Provider networks or any device; or (d) data or messages that are unsolicited or of a volume that unreasonably burden Locance or Service Provider networks or any device. Customer will immediately notify Locance if Customer knows or has reason to know of any breach of security or known vulnerability of the Customer's systems that could lead to a breach of these security obligations and will remedy the breach or such vulnerability within 24 hours.
14.1 Customer 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.
14.2 Customer shall implement and maintain administrative, physical and technical security controls to protect Location Information and the availability and integrity of Locance and Service Provider networks and services. Customer shall design, develop, build, operate and maintain Customer 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.
14.3 Customer Applications shall have security controls to protect from threats, including, but not limited to, eavesdropping, data tampering and data collection.
14.4 No Customer 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 Service Provider alerts, warnings, display panels, consent panels 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.
The Carrier Identity (Device Status), IP Geolocation and Intelligence, Device Profile and Global Site ID (i.e., Wi-Fi and Cell ID look-up) information accessed via the Services are for use by Customer only, solely for Customer's internal business purposes and not for resale to any third-party, including by way of a service bureau or wholesaler. Customer shall not 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 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 Service Provider facilities, networks and services and End User use of Services. Locance may use the contact information submitted by Customer for support and escalation, which must be kept up to date, to communicate with Customer regarding Customer's performance and support obligations. Customer's contact information may be shared by Locance with any End Users and/or other third parties that contact Locance directly about a Customer Application to provide support, response and resolution services to such individuals.
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