Copyright and Use Information
All of the text and images located on MBMS, Incorporated. Web pages are copyrighted materials owned or licensed by MBMS, Incorporated. The text and images may be printed in their entirety for the individual reader's use only, provided that each copy includes the copyright notice as it appears at the bottom of each page.
Without the express written permission of MBMS, Incorporated, the text and images used on MBMS' Web site may not otherwise be copied, distributed, modified, reproduced or reused.
MBMS will use its best efforts to include accurate and up-to-date information on the MBMS site, but MBMS makes no warranties or representations as to the accuracy of the information.
With regard to services or products purchased or obtained by the user from a non-MBMS person or entity, MBMS makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to said services and products and MBMS specifically disclaims all other warranties with regard to said services and products to the extent permitted by applicable law.
Welcome to www.mbms.com (the “Site”), a website provided by MBMS Incorporated, a New York corporation, (“MBMS”). MBMS respects your privacy, and this policy covers MBMS’s processing, protection, transfer and use of information collected from you through the Site or other sources in the ordinary course of MBMS’s business.
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to MBMS. Your use of the Site, providing any information to MBMS or any other indication of your acceptance hereof is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and not otherwise provide any information to MBMS. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
In this policy:
(a) “ Analytical Data ” means all Non-Personal Data obtained through the use of session and persistent cookies (or other tracking technologies) and server log files (including, but not limited to, (i) your search terms, (ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and (iii) whether or not you opened e-mail messages and other electronic communications from MBMS, and if you did, the times they were opened).
(b) “ Collected Data ” means all (i) Personal Data and (ii) Non-Personal Data.
(c) “ Non-Personal Data ” means all information collected by MBMS, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you send to MBMS, and (iii) other sources in the ordinary course of MBMS’s business, that is not Personal Data (including, but not limited to, any Analytical Data).
(d) “Personal Data” means all information collected by MBMS, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you send to MBMS, and (iii) other sources in the ordinary course of MBMS’s business, that relates to an individual in the United States and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, e-mail address, physical address, phone number and, in the case of employees and employment applicants of MBMS, human resource information).
3. Data Collection
No Collected Data is obtained from you, unless it is voluntarily provided, except for any Analytical Data obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Data, MBMS will only collect Personal Data that is (a) relevant to (i) the purposes for which it is provided by you or (ii) MBMS’s other legitimate business purposes (including, but not limited to, marketing) or (b) required by applicable law. You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing MBMS with any information (including, but not limited to, any information relating to a third party).
You may refuse to provide any information to MBMS at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying MBMS as set forth in Section 22. If you refuse to provide any information when requested to do so by MBMS or the Site, you may not be able to access, or otherwise obtain the benefits of, certain features of the Site or products and services offered by MBMS.
5. Electronic Communications
Whether or not you have previously sent MBMS an e-mail message, you consent to MBMS’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose of MBMS (including, but not limited to, marketing). Since MBMS endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting MBMS as set forth in Section 22 or by following the directions contained in such e-mail messages or other electronic communications.
6. Analytical Data
When you access the Site, MBMS will collect Analytical Data. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing, cookies, you may not be able to obtain some features of the Site.
Analytical Data will only be used by MBMS (a) to record your use of the Site, (b) to diagnose problems with the Site, (c) to improve the Site and make the Site more useful to you and other users, and (d) for other legitimate business purposes of MBMS (including, but not limited to, marketing). MBMS will collect Analytical Data either directly or through third parties acting on its behalf.
7. Processing Locations
All electronic Personal Data is processed by MBMS on servers located at MBMS’s place of business in Buffalo, New York, and on other servers located at off-site data center locations. MBMS may transfer Personal Data to a third-party sub-controller or sub-processor, as applicable, only pursuant to Section 10 and applicable law.
MBMS will use commercially reasonable administrative and technical measures to protect Personal Data from loss and unauthorized access, alteration, destruction, disclosure and use. Such measures shall ensure a level of protection appropriate to the specific risks identified by MBMS and in compliance with any laws applicable to MBMS. Even if MBMS uses such measures, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization. In providing any information to MBMS, you must assume the risk that Collected Data could be lost or accessed, altered, destroyed, disclosed or used without authorization.
9. Use of Collected Data
All Collected Data may be used by MBMS for any legitimate business purpose. If MBMS expressly states in this policy or in another writing that any Collected Data will only be used for a specific purpose, MBMS will only use such Collected Data for such purpose, unless you subsequently consent to its being used for another purpose.
10. Transfer of Collected Data
Any Collected Data obtained by MBMS, whether or not for a specific purpose, may be transferred to third parties designated by MBMS (including, but not limited to, any affiliates, customers, distributors, sub-contractors or vendors of MBMS) for any purposes for which MBMS could use such Collected Data
MBMS may also at any time, in its sole discretion, transfer any Collected Data, whether or not you furnished such Collected Data for a specific purpose, to (a) comply with, or as permitted by, any applicable law or lawful request of a government or public authority for purposes of satisfying national security, law enforcement and other requirements, (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights, (c) protect the rights, property or legitimate business interests of MBMS or a third party, or (d) transfer such Collected Data to a third party acquiring all, or substantially all, of the assets of MBMS. If Collected Data is so transferred, MBMS will have no responsibility for any action of the third party to whom or which such Collected Data is transferred.
11. Data Deletion
MBMS will delete Personal Data from its servers (and servers of third parties acting on behalf of MBMS) when it is no longer required for the purposes for which it was collected and processed, unless MBMS is legally permitted or required to continue holding it, or it is relevant to MBMS’s interests in any judicial proceeding or other dispute.
12. Third-Party Sites
13. Data Accuracy
MBMS does not warrant or represent that any Personal Data will be accurate or up-to-date. However, upon your request, MBMS will grant you access to your Personal Data in the possession, or under the control, of MBMS solely for the purpose of correcting or deleting such Personal Data that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated. If you desire access to any Personal Data for such purpose, you must contact MBMS in writing as set forth in Section 22.
14. California Residents
Pursuant to California law, residents of California may request certain information regarding the transfer by MBMS of their Personal Data to third parties for direct marketing purposes of such third parties. To make such a request, you must contact MBMS as set forth in Section 22.
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Data of such child has been submitted to MBMS through the Site without the parent’s or guardian’s consent, MBMS will use commercially reasonable measures to remove such information from the Site and MBMS’s servers at the parent’s or guardian’s request. To request the removal of such U.S. Personal Data, the parent or guardian must contact MBMS as set forth in Section 22, and provide all information requested by MBMS to assist it in identifying the U.S. Personal Data to be removed.
16. Applicable Law
This policy shall be governed by, and construed and interpreted in accordance with, the laws of the state of New York, without regard to its principles of conflict of laws. If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.
Any complaint by you regarding any Collected Data, or otherwise relating to this policy, must first be submitted to MBMS as set forth in Section 22, and MBMS must be given a reasonable opportunity of not less than 45 days to investigate and respond to your complaint. Upon MBMS’s completing such investigation and so responding, MBMS and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 45 days, (a) you may commence litigation against MBMS in connection with the unresolved portion of your complaint only in a court located in Erie County, New York, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.
18. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and MBMS, with respect to Collected Data. If you use the Site or otherwise have business dealings with MBMS, such use or dealings will be subject to this policy, plus any other written agreement between you and MBMS that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
MBMS may revise any provision of this policy from time to time by posting the revised provision on the Site so long as such revision does not conflict with any applicable law. Any such revision will take effect immediately upon such posting, and will apply to all Collected Data obtained by MBMS after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.
Except as provided in this policy or required by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
22. Contact Information
If you have any questions or complaints, desire additional information, or need to notify MBMS of anything regarding any Collected Information or otherwise relating to this policy, please promptly contact MBMS as follows:
Attn: Privacy Officer
90A John Muir Drive
Buffalo, New York 14228
Effective Date: May 1, 2019