Effective August 01 2014

Terms of Use

Welcome to BuyFi. BuyFi is a data analytics and customer marketing service offered by mobiTeris, Inc. (“mobiTeris”, “we” or “us”) that is accessed by email, point-of-sale system applications or website located at www.buyfi.com (collectively, "BuyFi"). Please read the following Terms of Use carefully before using BuyFi. These terms and conditions (the “Terms”) govern your access to and use of (i) BuyFi’s software and systems (the “Software”), including those for online transmission and processing of files, materials, data, text, audio, video, images or other content (collectively, “Content”); (ii) BuyFi’s websites and point-of-sale applications that link to or reference these Terms (“Services”). By accessing or using the Services, you are agreeing to these Terms and entering into a legally binding contract with MobiTeris Inc., a Delaware corporation (“MobiTeris”). Do not access or use the Services if you are unwilling or unable to be bound by the Terms.



Definitions

"Parties"

“You” and “your” refer to you, as a user of the Services. A “user” is someone who accesses, browses, crawls, scrapes, posts to or in any way uses the Services. “We,” “us,” and “our” refer to mobiTeris. 3rd party refers to point-of-sale developers, app markets and other partners with whom we may collaborate to distribute our Services, Content

“Content”

means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Services, such as information about yourself, reviews, messages, comments, photos and any other information that you transmit, display or displayed. “BuyFi Content” means Content that we create and make available in connection with the Services. “Services Content” means all of the Content that is made available in connection with the Services, including Your Content and BuyFi Content.

1. Applicability & Acceptance of These Terms of Use

By viewing, using, accessing, browsing, or submitting any content or material on BuyFi, you agree to these Terms of Use as a binding legal agreement between you and mobiTeris, without limitation or qualification. The term "you" or "You" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Services. We reserve the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Sites shall be subject to the then-current Terms of Use, and continued use of the Sites now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

2. Using the Services

a. Permission to use Services. We grant you a limited, nonexclusive, nontransferable, revocable license to use the Services (which may be revoked at any time for any reason or no reason) subject to the restrictions in these Terms. We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. No other use is permitted. You may not, for example, access or use the Services if you are a competitor of ours or if we have previously prohibited your use of Services. You may not use the Services to incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from BuyFi, except as specifically noted above. Except as specifically authorized by us, you may not deep-link to BuyFi for any purpose or access the BuyFi manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any information, content, or material available through BuyFi. We reserve all statutory and common law rights against any person or entity that violates this paragraph. You may not link or frame to BuyFi or any content contained therein, whether in whole or in part, without prior written consent from BuyFi. You may become a "fan" of BuyFi or share links to BuyFi via social networking tools available on BuyFi. Any rights not expressly granted herein are reserved. Your use of the Services is at your own risk.
b. Services Availability. The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
c. Communications from BuyFi and other Users. By using the Services, you agree to receive communications in connection with the Services, from BuyFi, its customers or third parties, which may include Services related communication, as well as offers and advertisements.
d. User Accounts. You are permitted to use the Services without creating a user account. However, you must be aware that even if you do not create a user account, you may not necessarily be anonymous and could still be personally identifiable. Please read our Privacy Policy for more information. If you choose to create a user account, you are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account or prohibit your use of the Services at any time for any or no reason. In creating an account, you may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
e. User Conduct. You agree that your use of BuyFi is subject to all applicable local, state and federal laws and regulations, whether existing or enacted in the future. You also agree:
o - to comply with US law and local laws or rules regarding online conduct and acceptable material;
o - not to use BuyFi or submit content to the BuyFi if you are under the age of 13;
o - not to access BuyFi using a third-party's account/registration without the express consent of the account holder;
o - not to use the BuyFi for illegal purposes;
o - not to commit any acts of infringement using BuyFi or with respect to content available through BuyFi;
o - not to use BuyFi to engage in commercial activities apart from sanctioned use of BuyFi services;
o - not to copy any content, including, but not limited to promotional offer content and third-party reviews, for republication in print or on-line;
o - not to create reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of BuyFi;
o - not to attempt to gain unauthorized access to other computer systems from or through BuyFi;
o - not to interfere with another person's use and enjoyment of BuyFi or another entity's use and enjoyment of BuyFi;
o - not to upload or transmit viruses or other harmful, disruptive or destructive files;
o - reverse engineer, disassemble or decompile any portion of BuyFi;
o - use BuyFi in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person; and/or
o - not to disrupt, interfere with, or otherwise harm or violate the security of BuyFi, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners).
o - not to alter consumer preference to not receive text messages from BuyFi or from your business
f. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that mobiTeris will be entitled to temporary and permanent injunctive relief to prohibit such use.

3. Content

You acknowledge and agree that the Services contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written our prior permission. All BuyFi design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, and other content and software available or viewable through BuyFi.

4. Recurring Subscription

You may access Services through 3rd party websites and point-of-sale app markets as a recurring subscription service. You acknowledge the following:
a. Reasonable efforts shall be made to provide advance notice to current subscribers of our apps before we cease making services available through our point-of-sale applications, take down an app or remove it from current distribution due to: (i) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third party, (ii) an allegation or actual defamation, (iii) an allegation or determination that our app does not comply with applicable law, (iv) ceasing to do business, or (v) filing a petition in bankruptcy, dissolving or otherwise failing or unable to pay our debts as they become due.
b. Our app may be removed at any time from 3rd party websites and app markets if it is determined that our app: (i) may infringe or otherwise violate the intellectual property rights or any other rights of any third party; (ii) violates any applicable law, regulation, card association rule, or is subject to an injunction; (iii) violates the 3rd party App Market Developer Program Policies; (iv) is being distributed in a manner that is in breach of the 3rd party App Market Developer Terms; (v) may create liability for 3rd parties; or (vi) may contain a virus, malware or spyware, or may have an adverse impact on 3rd party systems.
c. You may cancel your subscription to BuyFi Services at any time before the end of a billing cycle, and upon cancellation, you will: (i) not receive a refund for the applicable billing period during which you cancels subscription to our Service, and (ii) continue to be able to access your subscription and receive issues and updates of the relevant subscription until the subscription termination date.
d. 3rd parties acting on our behalf, may refund the full purchase or subscription price of an app to you if: (i) our app does not function properly; or (ii) you request a refund from the 3rd party within a reasonable time period.
e. 3rd parties and their affiliates do not have any responsibility or liability to you in any way with respect to the your use of our Services

4. Termination and Modifications to BuyFi

We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice content or services offered on or through BuyFi (or any part thereof), including but not limited to the BuyFi' features, look and feel, and functional elements and related services.

5. Indemnity

You agree to indemnify and hold mobiTeris, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of BuyFi, including with respect to any submissions to BuyFi, any alleged infringement of intellectual property or other right of any person or entity, your violation of these Terms of Use, or any other acts or omissions relating to your use of BuyFi.

6. Disclaimer of Warranties

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE BUYFI (WHETHER PROVIDED BY BUYFI, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYFI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

7. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH BUYFI. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. WE ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO BUYFI, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BUYFI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO BUYFI OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS). YOU AND BUYFI AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND BUYFI AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.

8. Your account, password, and security

Use of BuyFi may require that you register and/or create an account with us or use BuyFi as a guest. To register and create an account, you must select an account designation and password and provide certain personal information to BuyFi as set forth in the BuyFi Privacy Policy. In consideration of the use of BuyFi, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of BuyFi (or any portion thereof). You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

9. Links

As a courtesy to you, BuyFi may offer links to other websites. Some of these websites may be affiliated with BuyFi while others are not. We are not responsible for the contents of any website pages created and maintained by organizations independent of us. Visiting any such third-party website pages is at your own risk. We have no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by BuyFi. By using BuyFi you acknowledge that we are not responsible for the availability of, or the content located on or through any third-party website pages.

10. Trademarks

BuyFi® and BuyFi.com are federally registered trademarks of mobiTeris. Such trademarks and other marks, logos, and names of BuyFi, used on or in connection with the BuyFi may not be used in connection with any product or service that is not under mobiTeris’ ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BuyFi. All other trademarks not owned by us (or our affiliates) that can be viewed when using BuyFi are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mobiTeris or its affiliates.

11. Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of BuyFi and receipt or use of data, content, products and/or services through BuyFi, the possibility of our review, use or display of any of your submissions to BuyFi, and the possibility of publicity and promotion from our review, use or display of your user-generated content.

12. Jurisdiction, Applicable Law, and Limitations

BuyFi is created and controlled by mobiTeris in the State of California, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of law provisions. Use of BuyFi is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. We make no claims or assurances that BuyFi is accessible or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a federal or state court located in Sunnyvale, California within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

13. General

  • a. Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
  • b. Entire Agreement. Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of BuyFi's Privacy Policy, constitute the entire agreement between you and mobiTeris, superseding all prior agreements regarding the BuyFi.
  • c. No Waiver. The failure of mobiTeris to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
  • d. Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
  • e. Contact BuyFi. For purposes of providing notice of cancellation or termination, contact us at contact@buyfi.com or BuyFi at mobiTeris, Inc., Box 606, 405 El Camino Real, Menlo Park, CA 94025.
  • Effective August 01 2014

    BuyFi Privacy and Security Policies


    Welcome to mobiTeris, Inc., (“mobiTeris”, “BuyFi,” “we,” or “us”), a Delaware Corporation. Our mission is to deliver content that is relevant and meaningful to you based on your purchases as shown by our business customers’ transaction records. BuyFi knows that you care how your information is used and shared. Please carefully read our Privacy Policy to understand how we protect and respect your personal information. mobiTeris collects certain information through its website located at www.buyfi.com, point-of-sale applications downloadable from the various application stores and markets, and various 3rd party websites (collectively, "Sites"). Your privacy is very important to mobiTeris and this Privacy Policy lays out mobiTeris's policies and procedures surrounding the collection and handling of such information. This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our websites, emails, and point-of-sale applications (“Services”). When you use the Services, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

    1. Information We Collect and How We Use It

  • We may store the information you submit to or through the Services, as well as information we collect in connection with your use of the Services. We use the information to provide analytics and customer marketing services for our business customers; to improve the Services’ functionality and quality; track usage of the Services; display relevant advertising; provide customer support; message you; back up our systems and allow for disaster recovery; enhance the security of the Services; and comply with legal obligations.

    Among the information we collect, please note:
  • Anonymous Data. Our proprietary software aggregates your purchase transactions from the merchant transaction records in an anonymous manner. We refer to this aggregated data as “Anonymous Data.” Our Anonymous Data is not and cannot be linked to personal information about you, like your name or email address unless you explicitly provide this information to our business customers to receive their marketing promotions. Anonymous transaction information are identified only by a randomly assigned ID numbers associated with the credit or debit card. We analyze and aggregate this Anonymous Data to organize users into segments based on factors such as geography and purchasing habits (“Segments”) as a service to our business customers. We share only aggregate transaction data with our business customers as part of creating and managing their analytics service and marketing campaigns.

  • Personal Information. If you provide personal information to our business customers to receive their marketing promotions, we may store and use your full name, e-mail address, your gender and birth date you submit, and we share this information only with the business customer to whom you explicitly provided this information. We will not, however, publish personal data that includes your e-mail address, birthdate, physical address or phone number, unless you specifically give us, or our business customers permission to do so.

  • Card Linking: If you provide personal information to join a card linked marketing program through our business customers, we may associate your name and email with a unique customer ID that identifies your credit card transactions with our business customers. We use this information solely to send you rewards and offers based on your purchasing history with our business customer. We do NOT store or use your full credit or debit card information to perform our Services. Your personal information available to us cannot be used by anyone, including by Mobiteris or by our business customers, to create a credit card purchase transaction.

  • Information Provided Without User Account. You are permitted to use the Services without creating a user account. However, you must be aware that even if you do not create a user account, you may not necessarily be anonymous and could still be personally identifiable to us through your IP address or to others by Your Content and personal information you post. Without creating a user account, you may still be contacted through the Services by BuyFi or its business customers in response to your comments or posts, and you permit us or our business customers to do so.

  • Communications: When you use the Services, you are consenting to communications from BuyFi and its business customers, whether or not you have created a user account. If you have a user account, you can manage your email preferences, but note that you cannot opt out of receiving certain administrative or legal notices from BuyFi. If you access the Services from your phone via SMS text message, we may log your phone number, phone carrier, and the date and time of access.

  • Services Activity: We may store information about your use of the Services. We also may store information that your computer or mobile device provides to us in connection with your use of the Services, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.

    2. Cookies

  • We, and third parties with whom we partner, may use cookies, web beacons, local shared objects (sometimes called “flash cookies”), and similar technology in connection with your use of the Services and third party websites (“Cookies”). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Services, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

    Types of Cookies used on the Services include:

  • a. Processes: Used to make the Services work in the way you expect it to. Example: a Cookie tells us if you have already signed up for an account.

  • b. Authentication, Security, and Compliance: Used to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. Example: a Cookie tells us if you are logged in.

  • c. Preferences: Used to remember information about how you prefer the Services to behave and look. Example: a Cookie tells us whether you have declined to allow us to use your phone’s geo-location data.

  • d. Notifications: Used to allow notice of information or options that we think could improve your use of the Services. Example: a Cookie allows us to stop showing you the signup notification if you have already seen it.

  • e. Advertising: Used to make advertising more relevant to users and more valuable to advertisers. Example, a Cookie that tells us if you have recently clicked on an ad.

  • f. Analytics: Used to help us understand how visitors use the Services. For example, we use a Cookie that tells us how our search suggestions correlate to your interaction with the search page. It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect your ability to use the Services. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings.

    3. Third Parties

    We share information about you with third parties as follows:

  • Service Providers: Some of our Services may be provided by third-party providers. We may outsource some of BuyFi’s functions to third-party providers, such as technical and customer support, tracking and reporting functions, quality assurance testing, and other services. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests.

  • Aggregate Information: We do share user information and Your Content in the aggregate with third parties, including our business customers. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.

  • Business Transfers: We may share information from or about you with other entities or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires BuyFi or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.

  • Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Services; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.

    4. California Do Not Track Notice

  • MobiTeris does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.

  • Third parties that have content embedded on MobiTeris’ websites such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited MobiTeris’ website from a certain IP address. Third parties cannot collect any other personally identifiable information from Mobiteris’ websites unless you provide it to them directly.

    5. TCPA compliance

    Consistent with the TCPA requirements we act as follows:
  • SMS messages are not delivered before 8 a.m. or after 9 p.m., local time.

  • We maintain a “do-not-text” list of consumers who asked not to receive text messages.

  • On every customer communication by text messages, the consumer is provided with a link option to “opt out” of receiving future text messages.

  • As per the terms of service, we require our customers upon use our service to honor the “do-not-text” marketing flag status, and the “do-not-text” marketing flag status may not be changed without explicit consumer permission.

    6. Data Retention and Unsubscription

  • Upon unsubscribing from a rewards program, we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Services or to comply with legal obligations. As discussed in our Terms of Service, BuyFi retains the right to continue to use Your Content even after account termination.

    7. Children

  • The Services is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.

    8. Security

  • We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

    9. Dispute Resolution

  • If you believe that BuyFi has not adhered to this Privacy Policy you may contact us at:

  • mobiTeris, Inc.,

    Box 606, 405 El Camino Real, Menlo Park, CA 94025.

    http://www.buyfi.com

  • Phone Number: 720-432-2893

  • E-mail: contact@buyfi.com