Privacy Policy

BeMobile

Privacy Policy

Last Updated: 01/01/2025

Your privacy is important to us at BeMobile, Inc. and its affiliates (collectively “BeMobile,” “we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy rights.  This online privacy policy (the “Policy”) describes how we collect, use, disclose, and secure the personal information we gather about you through our website, https://bemobile.com (the “Site”), when you use our sites, apps, and when you otherwise interact with us (collectively, the “Services”).

For purposes of this Policy, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations.  It does not include data excluded or exempted from those laws and regulations, such as aggregated, anonymized, or deidentified data.  Nothing in this Policy will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to BeMobile generally or in any specific context.

In providing our Services, BeMobile may collect personal information on behalf of and as a service provider for third parties.  This Policy does not govern any information we collect on behalf of third parties, and you should consult their privacy policies to become familiar with their data collection and usage practices.

This Policy expressly incorporates any privacy notices we may issue to supplement this Policy.  Depending on your residency, a supplemental privacy notice may apply to you.  For example, if you are a California resident, please view our California Privacy Policy.  If you are an employee or job applicant, please see our Employee Privacy Policy.

1.      You Consent to This Policy

You should read this Policy carefully, so that you understand our privacy practices and our Terms of Use.  By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed with this Policy.  If you do not agree to this Policy, you may not use the Services.

This Policy and the Terms of Use apply regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.

We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Policy together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data.  This Policy supplements these other notices and is not intended to override them.

If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.

2.      Types of Information We Collect and Purposes for Collection

We collect information you voluntarily provide directly to us, information collected automatically when you interact with the Services, and information collected from third parties.  The categories of personal information that we collect and the purposes for which we collect that information are described below.

(a)               Analytics and Device Information

We use cookies, tracking pixels, tags or similar tools to collect information about your browser, device, geolocation, IP address, and interactions with the Services, Site, or emails.  For more information, please view the “How We Use “Cookies” and Other Tracking Technologies” section below.

We collect this information for the purposes of account creation and management, marketing and advertising (which may include targeted advertising and sales), analytics and research, customer service, and website security and maintenance.  We also collect this information for internal use, such as administering the Services, analyze trends, and identify problems with our Site.

We share this information with analytics providers and third party advertisers.

(b)              When You Create an Account with Us

We collect certain information when you create an account with us, including first name, last name, email address, phone number, and date of birth.

We collect this information when you provide it directly to us such as signing up for the Services, requesting information about BeMobile products and services, creating an account, or filling out a form.

We collect this information for the purposes of advertising and marketing, analytics and research, and customer service.  We share this information with third parties for the provision of our Services.

(c)               Interactive Chat

If you engage with the chatbot feature on our Site, we will record the conversation.  We also collect your name and phone number.  Please note that the information relating to your communications may be shared with our service provider. We collect this information for the purposes of providing customer service, administering the Services, and identifying problems with our Site. 

We share this information with our chatbot service provider.

(d)              When You Make a Purchase with Us

If you subscribe to or purchase something from us, we collect certain payment and commercial information from you including name, address, phone number, third-party payment service provider-related information, debit or credit card information, purchase and participation history, or other payment processing information.

We collect this information for the purposes of customer service, order fulfillment, marketing and advertising (including targeted advertising and sales), and administering the Services.  

We share this information with third parties when necessary to provide you with the Services.

(e)               When You Visit Our Stores

When you visit our stores, we will collect information including first name, last name, account information, purchase history, mailing address, email address, phone number, and details of any issues or customer service interactions. This may also include payment information if you choose to make a purchase in store.

We collect this information when you provide it directly to us such as making a purchase or requesting information about your existing products or services.

We collect this information for the purposes of customer service, analytics and research, advertising and marketing, and order fulfilment.

(f)                When You Respond to Surveys and Questionnaires or Participate in Giveaways

When you respond to surveys and questionnaires, we collect information you provide to us when you respond to marketing materials, promotions, giveaways, sweepstakes contests, or other surveys.  We will collect any information provided to us through our promotional materials, including any information provided by you about another individual.

We collect this information for the purposes of marketing and advertising (including targeted advertising and sales), analytics and research, and customer service.

Information collected for the purposes of promotions or contests may be shared with our partners or service providers for the purposes of administering the promotion or giveaway.

(g)               When You Interact With Us on Social Media

If you post, upload, comment, or otherwise submit content on the Services, we may collect certain information about you such as your name and email address and products you may have purchased.  Be aware that as a default, any information you post on the Services, including without limitation reviews, comments, and text, may be available to and searchable by all users of the Services. 

We collect this information when you engage with our accounts on social media, click on the social media icons on our Sites, or otherwise interact with us on a blog on a social media platform. 

We collect this information for the purposes of advertising and marketing (including targeted advertising and sales), analytics and research, website security and maintenance, and customer service.

(h)              When You Opt-in to Receive Marketing Messages

When you opt in to receive marketing text messages, we collect information such as your opt-in consent to receive marketing messages from us through short codes or similar means.  We collect this information for internal use only. We do not share this information with third parties.

(i)                 Other Ways We May Collect, Use, or Share the Information 

We may also reserve the right to collect, use or share personal information for the following purposes:

• To Provide the Services. We will use your personal information to provide the Services, including to improve operations and offerings, and for security purposes.
• To Present the Site. We will use personal information to present our Site and its contents in a suitable and effective manner for you and your device.
• For Legal Purposes. We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful or unlawful user activity on this site.  We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention.  We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  • If we are ordered by a legal process or government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.
• So Others Can Market to You. As detailed more fully below and in our California Privacy Policy, we use certain cookies or pixels that may collect personal information so that it can be used in connection with the marketing efforts of third parties.  In those instances, your personal information may be used for third parties to serve unsolicited information, services, or products to you.
• Business Partners and Affiliates. We may collect personal information from and share personal information with our business partners and affiliates, including legal advisors and financial advisors, co-branded partners, and other third parties.  We may combine that information with other information we collect about you, but we will always use the information as described in this Policy.  We may also share information with our affiliates, subsidiaries, joint ventures or other companies under common control.
• Business Transactions or Mergers. We reserve the right to share your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction.  Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence.  If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
• Bankruptcy or Insolvency. In the event of bankruptcy, insolvency, or dissolution proceedings, we may share your personal information with third parties as part of the sale or reorganization process.
• Customer Service. We will use your personal information, which includes your information collected when you interact with our chatbot, to provide you with customer service to troubleshoot issues and respond to requests, questions, or comments.
• Provide Information and Opportunities. We will use your personal information to advertise opportunities, promotions, products, events, or Services that we think may be of interest to you.
• Service Providers. We use service providers to perform various functions on our behalf.  Such service providers will be under contractual obligations to safeguard your personal information and only process it in accordance with our instructions, or as otherwise permitted by applicable laws.  We may also receive personal information from service providers.

3.      How We Use “Cookies” and Other Tracking Technologies

We may send one or more cookies to your computer or other device.  We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services.  These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services.  This information allows us to understand how you use the Services.

(a)               Cookies

Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website.  When you access our Services, we use cookies and other tracking technologies to:

• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Services according to your individual needs;
• Contact you to provide you with information or services that you request from us;
• Advertise new content, events, and services that relate to your interests;
• Provide you with more personalized content that is most relevant to your interest areas; and
• Recognize when you return to our Services.

We set some cookies ourselves and others are set by third parties.  You can manage your cookie preferences as described in the “Managing Your Cookies” section below.

(b)              Types of Cookies and Their Functions

The following chart lists the different types of cookies that we and our service providers use on the Services, examples of who serves those cookies and links to the privacy notices and opt-out information of those cookie servers.  Because the specific cookies we use may vary over time, as well as differ by the specific page you are browsing, the below chart is illustrative only.

We do not use analytical tools in a manner that discloses to third parties that a specific person viewed specific video materials.

(c)               Cookie Retention Period

Some cookies operate from the time you visit the Services until the end of that particular browsing session.  These cookies, which are called “session cookies,” expire and are automatically deleted when you close your internet browser.

Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your internet browser.  These cookies are called “persistent cookies” and the length of time they will remain on your device will vary from cookie to cookie.  Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.

(d)              Managing Your Cookies

It may be possible to block cookies by changing your internet browser settings to refuse all or some cookies.  If you choose to block all cookies (including essential cookies), you may not be able to access all or parts of the Services.

You can find out more about cookies and how to manage them by visiting https://ico.org.uk/for-the-public/online/cookies/.

(e)               Site Response to “Do Not Track” Signals

At this time, our Site does not respond differently based on a user’s Do Not Track signal.

4.      United States Privacy Rights

Under certain privacy laws, some state residents are entitled to various privacy rights. Although they may not all apply to BeMobile, the states with privacy laws that will be in effect in 2024 include California, Colorado, Connecticut, Montana, Nevada, Oregon, Texas, Utah, and Virginia. For more information specific to California Privacy Policy.

BeMobile values its customers’ privacy, and it therefore affords these rights to all users regardless of their state of residency. The chart below explains these rights, although some exceptions may apply.  To exercise any of the following rights listed in the chart below, please email us using the information set forth in the “Contact Us” section below.

(a)               Sensitive Data

We will process Sensitive Data (as the term or its equivalent is defined by applicable privacy laws) in accordance with any applicable privacy laws.  In some instances, that means we will not collect Sensitive Data without first obtaining your consent or providing you with the right to opt out.

(b)              Exercising Your Rights

If you wish to exercise one of the above rights, please visit our “Make a Data Subject Request” or call us at (888) 719-3125.   We will respond to access, deletion, correction, and portability requests, if applicable, within 45 days of receipt of the request and without undue delay.  If we need to extend this period, we will notify you of the delay and explain the reasonably necessary justifications for our delay. 

We will provide responses to your requests free of charge unless certain exclusions apply, depending on the state in which you reside.  

To exercise your right to opt out of targeted advertising, please click on the Your Privacy Choices button on the bottom left corner of the Site, or follow the directions in the applicable Cookie Policy.  Please note that the use of certain popup blockers or privacy settings can impact the functionality and visibility of the Your Privacy Choices button.

We recognize the Global Privacy Control.  Your browser must be able to support the Global Privacy Control for us to recognize your opt-out preference signal.  

(c)               Appealing a Rights Request Decision

If we deny or fail to take action on your request to exercise your applicable consumer privacy rights, you may appeal our decision.  To do this, you may email us at fit@bemobile.com.  In the email appeal, please specify the right(s) you requested to exercise and the date you made such a request. 

We will inform you in writing within 45 days of any action taken or not taken in response to the appeal.  We will also provide a written explanation of the reasons for our decisions regarding your request(s).

5.      Advertising and Marketing Choices

We respect your rights in how your personal information is used and shared. We may communicate with you via email, telephone, postal mail, and/or your mobile device about our products and services. If at any time you would like to unsubscribe from receiving future marketing emails, you can email us at fit@bemobile.com or follow the instructions at the bottom of each applicable email, and we will promptly remove you from those marketing correspondences that you choose to no longer receive.  Please note, however, that we may still need to contact you regarding other matters.

6.      How Long Your Personal Information Is Kept

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided.  We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Policy or under applicable law, contract, or regulation.

7.      Our Commitment to Data Security

The security of your personal information is important to us.  We take various reasonable organizational, administrative, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.  If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.

However, we cannot and do not guarantee complete security, as it does not exist on the internet.

8.      Where Your Personal Information Is Held

We process personal information on our servers in the United States of America, and may do so in other countries.  If you use our Services or otherwise provide us with information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States.

9.      Third Party Links

Our Services may contain links to third-party websites.  When we provide links, we do so only as a convenience and we are not responsible for any content of any third-party website or any links contained within.  It is important to note that this Policy only applies to our Services.  We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites.  We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.

10.  Children’s Privacy

Protecting the privacy of the very young is especially important.  Our Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.  In the event that we learn that we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information.  If you believe that we might have any information from or about a child under 13, please contact us using the information provided in the “Contact Us” section below.

11.  Policy Changes

This Policy may change from time to time.  If we need to change this Policy at some point in the future, we will post any changes on this page.  If we make a significant or material change to this Policy we will notify you via email.  You should check these terms when you use the Site.  Your continued use of the Services constitutes acceptance of the most current version of this Policy.

12.  Contact Us

If you have any questions about this Policy, please contact us by email at fit@bemobile.com.