Privacy Policy & Legal

Our privacy policy and terms of service set out the basis on how you use our services and which any information that we collect from you, or that you provide to us, will be processed by us

Information about Us

mSIGNIA is committed to protecting and respecting your privacy. The Privacy Policy and Terms of Service (defined below) set out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data, how we will treat it, and how to use our online services. By visiting www.msignia.com (our "Service") you are accepting and consenting to our Terms of Use and Privacy Policy. For the purpose of the Data Protection Act 1998 (the Act), the “Data Controller” is mSIGNIA Inc., 9891 Irvine Center Drive, Suite 200, Irvine, CA 92618-4320, United States, company number 27-3750847. If you have any questions about this Privacy Policy, our privacy practices, or our Terms of Use, please contact our Data Protection Officer in the following ways:

Full name of legal entity: mSIGNIA, Inc.

Email address: policy@msignia.com

Postal address: 9891 Irvine Center Drive, Suite 200, Irvine, CA 92618-4320, United States.

Privacy Policy

Last Updated: 1 May 2024

We at mSIGNIA know you care about how your personally identifiable information ("PII") is used and shared, and we take your privacy seriously.  Please read the following to learn more about our Privacy Policy.

By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of mSIGNIA’s Services is always subject to the Terms of Service, which incorporates this Privacy Policy.  Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use. In addition, your country of residency – such as the European Union, United Kingdom, California, etc. – may have additional rights under regional laws and regulations.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of PII that we gather when you are accessing or using our Services, but not to the practices of companies we do not own or control, or people that we do not manage.  We gather various types of PII from our users, as explained in more detail below, and we use this PII internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services.

The Children’s Online Privacy Protection} Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at policy@mSIGNIA.com.

Will mSIGNIA ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to changes by placing a notice on the mSIGNIA website for no less than two (2) weeks after a change. Please note that those legal notices will govern your use of the Services, and you are responsible for reading and understanding them.  If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all the changes.  Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Will mSIGNIA Share Any of the PII it Receives?

We may share your PII with third party agents we employ as companies or people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the PII we share with them beyond what is necessary to assist us.

Protection of mSIGNIA and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of mSIGNIA, our employees, our users, or others.

Is PII about me secure?

Any account you create with mSIGNIA is protected by a password for your privacy and security.  You must prevent unauthorized access to your account and PII by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other PII we hold in our records, but unfortunately, we cannot guarantee complete security.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What PII can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

  • name and password
  • email address
  • saved search queries and lists of mSIGNIA entities

The information you can view, update, and delete may change as the Services change.  If you have any questions about viewing or updating information we have on file about you, please contact us at policy@mSIGNIA.com.

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of PII to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at policy@msignis.com.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above.  When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your PII after you update or delete it, but not in a manner that would identify you personally.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to policy@mSIGNIA.com, and we will try to resolve your concerns.

 

Data We Collect

With regard to each of your visits to our Website we will automatically collect the following Data:

Technical Data , including but not limited to; the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Website (including date and time), pages you viewed or searched for page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the webpage.

Profile Data includes your username, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our Website, products and services.

Data we receive from other sources. This is Data we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that Data if we intend to share those Data internally and combine it with Data collected on this Website. We will also tell you for what purpose we will share and combine your Data. We are working closely with third parties (including, for example; business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies).

Data on your preferences. We may hold Data on interests and demographic categories inferred from your interactions with us in order to provide you a better service and to provide you with more focused information. When you use our Website, we receive the URL of both the site you came from and the one you go to next. We also get Data about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Website from a mobile device, your device will send us Data about your location. Most mobile devices allow you to prevent location Data from being sent to us if you set it.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. In relation to emails we send you, we may collect Data on how you respond to such emails, for example, the number of times the email is opened or the links in them are clicked.

We also collect, use and share Aggregated Data such as statistical or demographic Data for any purpose. Aggregated Data could be derived from your personal Data but is not considered personal Data in law as this Data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal Data so that it can directly or indirectly identify you, we treat the combined Data as personal Data which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric Data). Nor do we collect any information about criminal convictions and offences.

b) If you fail to provide personal Data:

Where we need to collect personal Data by law, or under the terms of a contract we have with you, and you fail to provide that Data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

(c) We use different methods to collect Data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal Data you provide when you:

1. apply for our products or services;

2. fill in a form on our Website;

3. subscribe to our service or publications;

4. request marketing to be sent to you;

5. enter a competition, promotion or survey; or

6. give us feedback or contact us.


Contact

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to policy@msignia.com.

Terms of Service

What are my rights with respect to the Service?

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way (including through the mSIGNIA website, API, mobile applications, downloads, etc.). You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including mSIGNIA’s) rights.  You may reference the Content with proper attribution to mSIGNIA or the applicable owner; however, any other uses of the Content require mSIGNIA’s prior written consent. Please contact us at policy@mSIGNIA.com to ensure that you are properly attributing mSIGNIA.

You understand that mSIGNIA owns the Service. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Service.

If you would like to use Content in any manner other than as expressly permitted by these Terms (for example, exporting data via mSIGNIA’s API or including data in any other product or service), the use must adhere to terms defined in a written contract signed by you and mSIGNIA. These Terms apply to all such use unless specifically stated otherwise in the applicable contract terms.

Who is responsible for what I see and do on the Service?

Any information or content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such content originated, and you access all such information and content at your own risk, and we are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.   We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service.  We cannot guarantee the identity of any users with whom you interact when using the Service and are not responsible for which users gain access to the Service.

You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.  You will keep all your registration information accurate and current.  You are responsible for all your activity in connection with the Service.

The Service may contain content, data, links or connections to or from third party websites or services that are not owned or controlled by mSIGNIA (“Third-Party Services”). When you access or use Third-Party Services, you accept that there are risks in doing so, and that mSIGNIA is not responsible for such risks.  We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each Third-Party Service that you visit or utilize.

mSIGNIA has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services or by any third party that you interact with through the Service. In addition, mSIGNIA will not and cannot monitor, verify, censor or edit the content of any Third-Party Services. By using the Service, you release and hold us harmless from any and all liability arising from your access to or use of any Third-Party Service.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that mSIGNIA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that mSIGNIA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release mSIGNIA, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

What else do I need to know?

Warranty Disclaimer.  Neither mSIGNIA nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service.  We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service.  Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from mSIGNIA or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  THE SERVICES AND CONTENT ARE PROVIDED BY mSIGNIA (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL mSIGNIA (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO mSIGNIA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnity.  You agree to indemnify and hold mSIGNIA, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment.  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without mSIGNIA’s prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

Choice of Law; Arbitration.  These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.  Any dispute arising from or relating to the subject matter of these Terms (whether brought against mSIGNIA or against any director, officer or employee of mSIGNIA in their personal capacity) shall be finally settled in Orange County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties' consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Orange County, California, or the Southern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND mSIGNIA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Miscellaneous.  You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that the mSIGNIA may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.  If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and mSIGNIA agree that these Terms are the complete and exclusive statement of the mutual understanding between you and mSIGNIA, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of mSIGNIA, and you do not have any authority of any kind to bind mSIGNIA in any respect whatsoever.  You and mSIGNIA agree there are no third-party beneficiaries intended under these Terms.