About

Our technology enables brands and app publishers to use the location data from your mobile device to provide the best possible experience for you. This data is used to send location-aware notifications from our customers’ apps, build highly relevant advertising audiences, and measure the impact of their marketing efforts.

As a consumer in a rapidly developing space, we know you take your privacy seriously and we do too. We are committed to the concepts of transparency and choice when it comes to privacy. That’s why we developed LocationChoices –  a free consumer app designed to educate individuals about what location data they share and make it easier for them to exercise their rights. LocationChoices is available for iOS and Android and allows consumers to register their device on a blacklist to ensure their location data is never used by Gimbal. In the future, we believe other companies in our space will also honor the individual requests of consumers.

The policies below apply to all of Gimbal’s digital properties including infillion.com, manager.gimbal.com, Hello Gimbal (iOS | Android), and the Gimbal Beacon Manager (iOS | Android) mobile application.

To learn more about how we collect and use your data, as well as your rights as a consumer, please read the sections below.


Privacy Policy

Effective Date: June 8, 2022

  1. INTRODUCTION

This Privacy Policy applies globally to all applications, websites (including the Infillion.com website referred to herein as the “Site”), and the online, connected tv and mobile advertising and data services (collectively, the “Services”) offered by Infillion and its affiliates (“Infillion” or “we”). We developed this Privacy Policy to describe how we collect, use and disclose information from and about you.  If you do not agree to every provision of this Privacy Policy and the related terms of service, you should not access or use the Sites or the Services.

This Site and the Services offered by Infillion are for a general audience, are not targeted to children, and we do not knowingly collect personal information from children under 13 years of age. This Privacy Policy applies to Infillion’s collection and use of your Personal Data.

Personal Data includes data such as:

  • Your first and last name;
  • Email address;
  • Unique online identifiers (e.g., cookie IDs);
  • Device identifiers (e.g., IDs for mobile advertising); and
  • Location data (e.g., latitude and longitude).

Data that does not contain any information that can be used to identify you or has otherwise been anonymized or aggregated is considered “Non-Personal Data.”

Infillion is committed to handling your personal data with care and honoring your privacy rights.

  1. COLLECTION OF INFORMATION

Infillion collects data directly from you when you provide it to us, automatically as you navigate through the Site, or we receive it from our third parties as part of the Services. Infillion may collect the following information from and about you:

Site Contact Information. The information you may submit to the Site, for example, to obtain information about our services. Contact information may include, for example, name and email address. 

Site Activity Information. When you access and interact with the Site, Infillion and our service providers may collect certain information about those visits. For example, in order to permit your connection to the Site, our servers receive and record information about your computer, device, and browser, including potentially your IP address, browser type, authentication identifiers, and other software or hardware information. If you access the Site from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data, or other transactional information for that device in order to provide the Site to it.

Cookies and other tracking technologies (such as browser cookies or pixels), which are comprised of small bits of data that often include a de-identified or anonymous unique identifier may also be used. Websites, apps and other services send this data to your browser when you first request a web page and then store the data on your computer or other device so the website, app or other service can access information when you make subsequent requests for pages from that website, app or other service. These technologies may also be used to collect and store information about your usage of the Site, such as pages you have visited, the videos and other content you have viewed and advertisements you have seen. Cookies and other tracking technologies may also be used by us or by our service providers to collect and store information on your use of other companies’ websites or services, such as sites you visit and materials you view. We may merge this with other data we collect about you from third parties to assist us in our ability to provide the Site, including, without limitation, to advertise and provide content to you.

Third parties that provide services to Infillion, such as allowing you to share content or tracking aggregate Site usage statistics, may also use these technologies to collect similar information when you use the Site or third party services. Infillion does not control these third party technologies and their use is governed by the privacy policies of third parties using such technologies.

Data From Third Parties. We also receive other data (e.g., demographic information and digital identifiers) from third parties or through analytical techniques that we combine with the data we collect or derive through the Services. We also may receive data from third parties including:

  • Business Partners, Developers & Enterprise Customers: This includes third parties who create and deliver experiences using our services, such as the incorporation of our technology (i.e., SDK or APIs) into their apps and websites. In some cases, these third parties may license data to us.
  • Data Suppliers and/or Brokers and Advertising Networks: This includes third parties who provide us commercially available data, including demographic data, data about how you interact with a third party’s websites, apps, smart TVs and streaming devices, device data (including mobile device and advertising identifiers, such as Apple IDFA or Google Advertising ID, and location data), and information from cookies, pixels and other similar technologies.
  • Infillion Service Providers: This includes third parties who specialize in providing enterprise data, analytics and software as a service. This data tends to be aggregated, pseudonymized or otherwise de-identified.

Information from Other Sources. We also combine and bundle data collected from these different sources, as well as from Infillion affiliates, and create inferences in order to deliver, maintain, and personalize our services, and to operate our business. You can learn more about Infillion’s data collection, including categories, examples and sources, in the chart below.

Data Category

Data Examples

Data Source

Contact Data

Name, email address, phone number, date of birth, address, and other similar contact data.

You Choose to Provide

Demographic Data

Gender, age, preferred language, income brackets, occupation, educational status, marital status or other similar information about you.

You Choose to Provide

Data From Third Parties

Geolocation Data

If you opt-in to sharing your precise or approximate location, we receive data about your location whenever you use apps or visit websites incorporating our services.

You Choose to Provide

Online Activity Data

Internet and other electronic network activity data, or data regarding your interaction with websites or advertisements (or those of third parties), and viewing information connected TVs. This data may come from cookies, pixels, web beacons, and/or other technologies. You can control certain types of cookies through your browser settings or other tools.

Automatically Collected

Data from Third Parties

Device Data & Identifiers

Unique device identifiers (e.g., mobile device advertising identifiers (such as Apple IDFA or Google Advertising ID), or connected/smart TV or streaming device identifiers, device model, operating system and version, sensor data, language, and wireless network, device name, types of mobile apps installed, or other identifiers such as hashed email addresses.

Automatically Collected

Data From Third Parties

When we collect data, we rely on several legal bases, these include:

  • Contract Performance. When the processing is necessary to perform our contract with you.
  • Legitimate Interests. When the processing is necessary for our legitimate business interests (or those of our enterprise customers).
  • Consent. When you have given us your consent, including as described in this Privacy Policy.
  • Legal Obligation. When we have a legal obligation to do so, as described in this Privacy Policy.
  1. USE AND SHARING

We may use the personal information and other information we collect from and about you for the following purposes:

To provide and manage the Site. Infillion and our service providers use the information we collect from and about you to provide the Site and features to you, including, for example, to measure and improve the Site and its features. We may also use aggregated or anonymous data about your use of and activity on the Site to assist us in this regard.

To allow service providers to assist us in providing and managing the Site. Infillion may make the information we collect from and about you available to certain third-party service providers, such as contractors, analytics and other measurement companies, agents or sponsors, who help us analyze and understand your use of the Site and manage and/or provide the Site. 

To contact you. Infillion may periodically send promotional materials or notifications related to the Site to the email address you may have provided to us. If you want to stop receiving such promotional materials, please send an email to privacy@infillion.com.

 Product & Service Development. We conduct data analytics and use automated processing, artificial intelligence and machine learning to support internal research, create new products and services, improve functionality of existing products and services, and develop new features such as those developed to enhance security and protect privacy. We use your data, along with inferences that we derive from your data, to offer products and services to developers, our partners and enterprise customers. These product and service offerings include the following:

  • Visits: When you opt-in to the collection and sharing of geolocation data from your mobile device, we use that data to create an inferred visit to a public location (“Visits”).
  • Audiences (Segments): Using our Visits, along with inferences about your interests, location and other demographics that we derive from the data we have about you, we create “Audiences.” Audiences are then used to send you advertisements tailored to your interests.
  • Points of Interest (POI): POI data relates to physical places (restaurants, shops, airports, hotels, etc.) and is used to identify and provide context to points of interest worldwide. This data is typically Non-Personal Data.

Sharing with Your Consent or at Your Direction. We share your personal data with your consent or as necessary to complete any transaction or provide any product you have requested or authorized.

Sharing with Affiliates. We share data with other Infillion affiliates for the purposes outlined in this Privacy Policy.

Sharing with Service Providers & for Business Purposes. We share your data with service providers that perform services on our behalf, such as cloud storage, IT services, marketing, analytics and search engine and other software services.

Sharing with Enterprise Customers. We share data with enterprise customers that, for example, may use “Visits” combined with data that they collect to understand movement patterns to determine where to open a physical store, to conduct analytics, to serve targeted ads, and to determine whether an online or offline advertisement you were exposed to resulted in a visit to a physical store. Under certain privacy and data protection laws, this activity may be considered a “sale” of personal data.

Sharing with Advertising Partners. We may share data such as your mobile advertising identifier with advertising partners (including the ad networks, ad-serving companies and other service providers they may use) so that they may recognize your devices and deliver interest based content and advertisements to you. Under certain privacy and data protection laws, this activity may be considered a “sale” of personal data.

Sharing for Corporate Transactions. We may also share data as part or in anticipation of a business sale, merger, consolidation, investment, change in control, transfer of substantial corporate assets, reorganization, liquidation, or similar business transaction or corporate event.

  1. SECURITY

Infillion uses commercially reasonable administrative, technical, personnel and physical measures to safeguard information in its possession against accidental loss, theft and unauthorized access, use, disclosure or modification. Although we do our best to protect your information, no one can guarantee the complete safety of your information. 

  1. USER CHOICES, ACCESS AND CONTROL

We strive to provide you with choices regarding the personal information you provide to us through the Site.  We have created mechanisms to provide you with the following control over your information:

  • Access, Correction, or Deletion. If you would like to access, review, correct, update, suppress, or otherwise limit our use of your personal information you have previously provided directly to Infillion, you may do so by contacting us via email at privacy@infillion.com. In your request, please include your name and specify clearly what information you would like to access, change, update and/or whether you would like to have your personal information suppressed from our database, or if you have other questions about your personal information.
  • Tracking Technologies and Advertising. Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information. Users can manage the use of Flash technologies, with the Flash management tools available at Adobe’s website. Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Site.
  • Promotional Offers from Infillion. If you do not wish to have your email address or other contact information used by Infillion to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to privacy@infillion.com.  If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.  This opt out does not apply to information provided to Infillion as a result of a product purchase, warranty registration, product service experience or other transactions.
  1. DATA RETENTION

To the extent permitted by applicable law, we keep the personal data you provide for the purposes indicated in this Privacy Policy for the duration of our legitimate business purposes or to comply with the applicable statute of limitations periods and other applicable laws or legal considerations. You may ask us to delete that information by following the instructions in “Access, Correction, or Deletion” section.

 

 

  1. OTHER IMPORTANT INFORMATION

Means of Notice and Choice. This Privacy Policy is the primary means by which Infillion provides you with notice and choice regarding its collection and use of your personal information.

Updates to Privacy Policy. Infillion may modify this Privacy Policy from time to time. Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Site.

Location of Data. The Site is hosted in and managed from the United States. If you are a user located outside the United States, you understand and consent to having any personal information transferred to and processed in the United States. United States data protection and other relevant laws may not be the same as those in your jurisdiction. This includes the use of cookies and other tracking technologies as described above. As a result, please read this Privacy Policy with care.

Linked Services. The Site may also link, or be linked, to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. Infillion is not responsible for the privacy practices of unaffiliated companies, and once you leave the Site via a link, enable an unaffiliated service or click an advertisement you should check the applicable privacy policy of the unaffiliated service.

In addition, Infillion is not responsible for the privacy or data security practices of other organizations, including but not limited to any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Site.

Sensitive Information. We ask that you not send us, and you not disclose, any sensitive personal information (such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Site or otherwise.

  1. CALIFORNIA RIGHTS

California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

  • The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you, the categories of sources from which we collected your personal information, our purposes for collecting or selling your personal information, the categories of your personal information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared personal information;
  • The right to request that we delete the personal information we have collected from you or maintain about you.
  • The right to opt out of our sale(s) of your personal information. Please note that if you opt out of certain types of sales, we will be unable to provide you with the services that rely on such sales.
  • The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA.

To exercise any of the above rights, please contact us and submit the required verifying information.

Shine the Light. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send an email to privacy@infillion.com.

  1. CONTACT US

If you have questions about this Privacy Policy, please contact us via email at privacy@infillion.com or you may contact us by mail at: Office of the General Counsel at Infillion, 382 NE 191st Street, PMB 62545, Miami, Florida, 33179-3899.


Terms of Use

Last updated on March 12, 2020

Gimbal.com Website Terms of Use (“TOU”)

Effective: January 1, 2020

Welcome to www.infillion.com (this “Site”), a website operated by PaeDae, Inc. dba Gimbal (Gimbal, “we”, “us”, or “our”). We offer product information and service management, including the ability to manage geofences, beacons, communicates, applications, data and reporting, etc. In this Website Terms of Use (“TOU”), we set forth the terms pursuant to which you (individually or on behalf of your company, institution, organization or other entity, (collectively, “you” or “your”)) may use this Site.

PLEASE READ THE TOU CAREFULLY. By using the Site, you are agreeing to this TOU and you represent that, if the Site is being used on behalf of an organization such as your employer, you have the authority to bind such organization to the TOU. If you do not agree to this TOU, you may not and should not use the Site.

  1. Purpose. This Site allows registered developers and other users to manage the geofences, beacons, communicates, applications, data and reporting, etc. that can be used and/or delivered through the Gimbal™ platform.
  2. Additional Terms. Your use of the features and tools available on this Site shall be subject to the additional terms set forth in the agreement at https://manager.gimbal.com/sdk-license. Your use of the Gimbal web store shall be subject to the additional terms set forth in the agreement at Store Terms of Service
  3. Copyright Notice and Use of the Site. The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written Agreement you have with Gimbal, You may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with Gimbal), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include Gimbal’s copyright notice: © 2022 PaeDae, Inc. All rights reserved.
  4. Links. This Site may contain links to third party websites that are controlled and operated by third parties. Your use of each third party website is subject to the terms of use and other guidelines, if any, contained within the relevant website. You agree to review and accept such terms of use prior to using such third party websites. Gimbal makes no representations whatsoever about any third party website which you may access through the Site. When you access a third party website, you agree that it is independent from Gimbal, and that Gimbal has no control over any content on that website. In addition, a link to a third party website does not mean that Gimbal accepts any responsibility for, or otherwise endorses, the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojans and other items of a destructive nature.
  5. Privacy. In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available at https://manager.gimbal.com/website-privacy (“Privacy Policy”). By agreeing to this TOU you also are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States or any other country in which Gimbal or its affiliates or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.
  6. Additional Terms for Forums, Blogs, and Other Social Media. Our Site may provide one or more forums, blogs, help desk or other interactive or social media features (“Forums”) for visitors to our Site to exchange information with each other and with Gimbal about Gimbal’s products and services (the “Purpose”). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:
  7. Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.
  8. Postings Not Necessarily the Opinion of Gimbal. Some of the individuals posting to Forums work for Gimbal; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of Gimbal.
  9. Postings. Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and Gimbal will not be held responsible for any message or associated content.
  10. If you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or that otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and our and their directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.
  11. You take full responsibility for any and all Postings post to or exchange through the Forums.

iii. When using the Forums and viewing Postings, you need to be aware of the following issues:

  1. All Posting on the Forums are available to be viewed by other users of the Forums and visitors to the Site. Therefore, you should not include in any Postings information which you intend to be kept confidential or which you deem to be proprietary to you.
  2. The Forums may include contributions from various sources over which Gimbal has no control (including any content submitted by third party users).
  3. Gimbal does not pre-screen or exercise editorial control over Postings, and takes no responsibility for such Postings.
  4. Gimbal reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe Gimbal, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and Gimbal will not be liable in relation to the removal of, or failure to remove, any Postings.
  5. Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (i) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (ii) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.
  6. License. By adding a Posting to the Forum, you are granting Gimbal a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (i) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (ii) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (iii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without Gimbal owing any monies to you whatsoever.
  7. Gimbal Employees. If you are a Gimbal employee, you must also follow the Gimbal Social Media Policy in your Postings.
  8. Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.
  9. DISCLAIMER. THE MATERIALS ON THE SITE AND ON THE FORUMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. COMMENTARY AND OTHER MATERIALS POSTED ON THE SITE AND FORUMS ARE NOT INTENDED TO BE ADVICE ON WHICH RELIANCE SHOULD BE PLACED AND GIMBAL THEREFORE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY SUCH RELIANCE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIMBAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY OTHER CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY. GIMBAL DOES NOT WARRANT THAT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIMBAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU (AND NOT GIMBAL OR ITS LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION TO ANY EQUIPMENT YOU USE IN ACCESSING THE SITE OR AS A RESULT OF YOUR USE OF MATERIALS ON THE SITE.
  10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GIMBAL, ITS SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARISE OR RESULT FROM OR ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY OF THE POSTINGS MADE AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL GIMBAL’S AGGREGATE LIABILITY EXCEED USD $5.00. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GIMBAL, ITS SUBSIDIARIES AND PARENT COMPANIES AND AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR ANY POSTING TO THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS MADE AVAILABLE BY OR THROUGH THE SITE, OR WITH THIS TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
  11. Notices of copyright infringement. If you believe your intellectual property rights are infringed by any content on the Site, send us a written notification to Gimbal’s Designated Agent at the following address:

PaeDae, Inc. dba Gimbal
Attn. General Counsel
360 E. 2nd Street, Suite 350
Los Angeles, CA 90012

Email Address of Designated Agent: legal [at] gimbal [dot] com

To be effective, the notification must include the following:

  1. A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gimbal to locate the material on the Site;
  4. Information reasonably sufficient to permit Gimbal to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
  5. A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in “1” through “6” above Gimbal shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that Gimbal has removed or disabled access to the allegedly infringing material.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to Gimbal’s Designated Agent at the above provided address that includes substantially the following:

  1. A physical or electronic signature of the alleged infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for San Diego County, California, or if the Subscriber’s address is outside of the United States, for any judicial district in which Gimbal may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

After receipt of a Counter Notification containing the information as outlined in “1” through “4” above, Gimbal will provide the complaining party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that Gimbal will replace the removed material or cease disabling access to it within ten (10) business days. If Gimbal’s designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, Gimbal shall restore the allegedly infringing material.

  1. EXPORT RESTRICTIONS. ANY SOFTWARE OR OTHER MATERIALS WE MAKE AVAILABLE ON THE SITE ARE SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO THE SOFTWARE OR OTHER MATERIALS YOU OBTAIN FROM OUR SITE. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
  2. Export Compliance Assurances. You acknowledge that all products, proprietary data, know-how, software or other data or information (herein referred to as “Products”) obtained from Gimbal or any direct Product thereof are subject to the United States (U.S.) government export control laws. Accordingly their use, export and re-export may be restricted or prohibited. You and your affiliates agree to obtain prior to export an authorization from the applicable U.S. government agency (either in writing or as provided by applicable regulation). These U.S. government restrictions are implemented principally through the Export Administration Regulations (“EAR”, 15 C.F.R. §§ 730 et seq., available at https://www.bis.doc.gov/) administered by Department of Commerce, Bureau of Industry and Security and the Foreign Asset Control Regulations administered by the Department of Treasury, Office of Foreign Assets Control (“OFAC”, 30 C.F.R. Part 500 et. Seq. available at https://www.treas.gov/offices/enforcement/ofac/). You, therefore, agree that neither you nor your subsidiaries or affiliates will directly or indirectly export, re-export, transfer, or release, or cause to be exported or re-exported (herein referred to as “export”), any such Products or any direct Product thereof to any destination or entity prohibited or restricted under U.S. law including but not limited to U.S. government embargoed or sanctioned countries or entities, or nationals, unless you shall obtain prior to export an authorization from the applicable U.S. government agency (either in writing or as provided by applicable regulation). You further agree that no Products received from Gimbal will be directly or indirectly employed in missile technology, sensitive nuclear, or chemical biological weapons end uses or in any manner transferred to any party for any such end use. This requirement shall survive any termination or expiration of this Agreement.
  3. Trademarks. Gimbal logo are trademarks of Gimbal, Inc. Qualcomm is a registered trademark of Qualcomm Incorporated. Certain other product names, brand names and company names mentioned in this site may be trademarks of their respective owners.
  4. Modification & Termination. This TOU is effective until modified or terminated by Gimbal. Gimbal may modify this TOU from time to time and will notify you by making the revised version available via the Site and an updated revisions date will indicate that changes have been made. The new TOU will be effective when posted. Your use of the Site after any such modifications or revisions are posted shall indicate your acceptance of such modified or revised terms. If you do not agree to the modified or revised terms, then do not access or use this Site. Gimbal may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers, limitations of liabilities, and export restrictions set forth in this agreement shall survive.
  5. General. This TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any dispute in connection with this TOU must be brought in the courts located in San Diego, California, and you consent to personal jurisdiction and venue in such courts for purposes of any such dispute. If any provision of this TOU shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this TOU and shall not affect the validity and enforceability of any remaining provisions.

Last updated on January 1, 2020

PaeDae, Inc. dba Gimbal uses cookies and a variety of similar technologies on its websites. In addition to cookies, such technologies include Local Shared Objects (i.e., Flash Cookies) and web beacons (i.e., single pixel GIFs, clear GIFs, or web bugs). We refer to these technologies collectively as “cookies”. This Cookie Policy explains the use of cookies when you visit any of our websites that provide a link to this Cookie Policy. See “Your choices” below to manage cookies.

What is a cookie?

A cookie is a small data file that may be stored on the hard drive of your computer or device in your browser’s file directory when you access our website. When you visit one of our websites, cookies may be set by us (first party cookies) or by other companies (third party cookies) such as cookies from Google Analytics, Typekit, Disqus, and Addthis. When you return to one of our websites, or when you access other web pages within one of our websites, your web browser will send the information stored in the cookie to us or to the third party that set the cookie. For more information explaining cookies, visit www.allaboutcookies.org.

How are cookies used?

Cookies are used on our websites for a variety of purposes:

Basic Functions. Some of our websites use cookies that are strictly necessary in order to provide a function of the website such as to keep you logged-in where registration is required or to provide a shopping cart. These cookies may be set by us, or by third parties, such as a “Like” button by Facebook or a “Tweet” button by Twitter

Site Improvement. Some of our websites use cookies to better understand how visitors are using our websites to improve the information and functionality of our websites. These cookies help us learn, for example, if some webpages are not being frequently visited or if visitors are having difficulties navigating our websites. These cookies may be set by us, or by third-party companies such as Google or NetInsight

Personalization. Some of our websites use cookies to personalize the content that is displayed on our site, or to remember you when you return to our site. For example, we may use a blog tool Disqus

Advertising. Third party advertising companies may have our permission to serve ads on our behalf across the Internet or to display ads for other companies on our site. These third party advertising companies use cookies to measure and improve the effectiveness of their advertising. To do so, these companies may use generic information about your visits to our sites and other websites for online preference marketing purposes, in order to provide ads about goods and services of specific interest to you

How long are cookies stored?

We set cookies to expire after they have fulfilled their purpose. Our websites use cookies that expire when you close your browser (i.e., session cookies) or that expire after a set period of time (i.e., so-called “persistent cookies”). Cookies that are stored by third parties will have their expiration period determined by the third party, not us.

Your choices

You decide whether cookies are stored on your computer or device and can choose to delete them. By accepting cookies that are stored on your computer when you visit our site, we infer that you have accepted the use of cookies as explained in this Cookie Policy.

You can manage cookies one or more ways:

Browser Setting. Your browser likely supports a variety of settings to control the cookies that are set on your computer or device and to delete cookies. These settings are typically found under the “Tools”, “Settings”, or “Options” menus. You can also check the “Help” menu of your browser to learn how to change the cookie preferences through your browser settings. Note that you will need to manage the settings for each browser you use and on each device you use. Further information from several popular browsers can be found at their respective websites

Online Tools. Some third parties allow you to manage cookies through online tools such as: Network Advertising Initiative, Digital Advertising Alliance,Your Online Choices, and Adobe Flash

Browser Extensions. Some third parties have created software that can be added to your web browser to manage their or third party cookies such as: Google Analytics and Ghostery.

Please note that while you are free to decline cookies, you may not be able to use certain features on this site or take full advantage of all of our offerings if you decline cookies. Our reference to any third party or their software or services is not an endorsement by us of such third party or their products and services and we disclaim any liability for the use or operation of any third party software or services.

Changes

We reserve the right to change this Cookie Policy from time to time and in our sole discretion. We reserve the right to change, modify, add or remove portions of this Cookie Policy at any time, but will alert you that changes have been made by indicating on the Cookie Policy the date it was last updated. When you visit the site, you are accepting the current version of this Cookie Policy as posted on the site at that time. We recommend that users revisit this Cookie Policy on occasion to learn of any changes.

Further information

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this statement. You may contact us by email to privacy@gimbal.com, or writing to us at:

382 NE 191st Street
PMB 62545
Miami, Florida 33179-3899
Last updated: April 5, 2022

Guidelines for Using Gimbal, Inc. Trademarks

If You have received written permission from Gimbal, Inc. (“Gimbal”) to use the Gimbal™ brands with your product or promotional materials, You can use Gimbal’s brands and logos in accordance with the permissions granted provided that you follow the guidelines described below.

These guidelines are intended for Gimbal’s developers, licensees, customers, and other parties who have written permission to use Gimbal’s trademarks, service marks, trade names, logos or images (the “Marks”) in promotional, advertising, instructional, or reference materials, or on their web sites, applications, products, labels, or packaging. Please follow any special trademark usage guidelines, conditions and restrictions set forth in the applicable agreement with Gimbal or written permission granted by Gimbal.

Any use of Marks that does not fully comply with these guidelines is prohibited.

Authorized Use of Gimbal Marks

1. Press Releases for a Gimbal Developer: Subject to the Gimbal Developer Agreement (located at https://manager.gimbal.com/sdk-license) which may be changed from time to time, You may disclose that You are a Gimbal Developer within a press release provided the press release does not contain any quotes from Gimbal or its Affiliates, a copy of the press release is provided to Gimbal at least forty-eight (48) hours in advance of publishing and incorporates the following language: “[Application] uses the Gimbal™ location and proximity platform for mobile engagement. Gimbal is a trademark of Gimbal, Inc., registered in the United States and other countries. Used with permission.” Capitalized terms contained in this Section 1 shall have the meaning ascribed to them in the Gimbal Developer Agreement.

2. Advertising, Promotional, and Sales Materials: Only Gimbal and its authorized resellers and licensees may use the Marks in advertising, promotional, and sales materials. If you are a reseller, developer, licensee or customer who has been authorized in writing, You may use the Marks only as specified in Your agreement with Gimbal and any associated guidelines. Such use must always be in conjunction with these Guidelines and the appropriate terms that define the relationship authorized by Your agreement with Gimbal.

3. Compatibility: If permitted in writing, You may use Gimbal’s name and Gimbal word marks in a referential phrase on packaging or promotional/advertising materials to describe that the third party product uses the referenced Gimbal product or technology, provided You comply with the following requirements.

• The Gimbal word mark is not part of the product name.

• The Gimbal word mark appears less prominent than the product name.

• The product does in fact use the referenced Gimbal product.

• The reference to Gimbal or the applicable Gimbal products or services does not create a sense of endorsement, sponsorship, or false association with Gimbal or Gimbal products or services.

• The use does not show Gimbal or its products in a false or derogatory light.

4. Publications, Seminars, and Conferences: Provided You have been given express written permission for such use, You may use the Marks in connection with book titles, magazines, periodicals, seminars, or conferences provided You comply with any requirements set forth in the written permission and the following requirements:

• The use is referential and less prominent than the rest of the title.

• The use reflects favorably on both Gimbal and Gimbal products or technology.

• Your name and logo appear more prominent than the Gimbal Marks on all printed materials related to the publication, seminar or conference.

• The Gimbal logo or any other Gimbal-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Gimbal.

• A disclaimer of sponsorship, affiliation, or endorsement by Gimbal, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Gimbal, Inc.”

• A trademark attribution notice is included in the credit section giving notice of Gimbal’s ownership of its Marks. Please refer to the section below titled “Proper Trademark Notice and Attribution.”

5. Gimbal Beacons: Provided You have a written agreement (which would include a “click-through” agreement) with Gimbal, you are permitted to use and display the Gimbal beacons provided that you reference them as “Gimbal Beacons” and use the Gimbal beacons in accordance with the remainder of this guideline document.

Unauthorized Use of Gimbal Marks

You shall not, and You shall ensure that Your contractors do not, display the Marks in any manner that falsely expresses or implies that the product or service or any content transmitted via the product or service is sponsored or endorsed by Gimbal.

Proper Notice and Attribution

On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (™) the first time the Gimbal Marks appear in the text of the advertisement, brochure, or other material.

Include an attribution of Gimbal’s ownership of its Marks within the credit notice section of your product, product documentation, or other product communication.

Following are the correct attribution formats:

• Gimbal is a trademark of Gimbal, Inc., registered in the United States and other countries.

Authorized Use of the Gimbal Logo & Trademark

Gimbal in text

• The Gimbal trademark must be followed by the appropriate trademark symbol (™) the first time it appears in text.

• The Gimbal trademark must always be capitalized and used as an adjective followed by a generic term. It is never to be used as a noun, hyphenated or made plural or possessive.