Policies and Procedures
See the steps we take to ensure your privacy and protection with Gimbal
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 gimbal.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.
In explaining our practices, we want to first direct your attention to the types of services that Gimbal offers and/or facilitates through which we may collect Data about you:
- As a user of our own mobile application, including our mobile application LocationChoices (a “Gimbal End-User”);
- As a potential or current customer of ours utilizing our services, including our services related to media, attribution, segments, visit feeds, analytics, Application Programming Interface (“API”) or Software Development Kit (“SDK”) product (a “Business Partner”); or
- As the end user of one of our Business Partners who is exposed to our location technology through the Business Partner that we empower (“Business Partner End-User”).
Safe Harbor Framework
Gimbal, Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Gimbal is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.
Gimbal is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Gimbal complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Gimbal is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Gimbal may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Gimbal complies with the U.S.-Swiss Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from Switzerland. Gimbal has certified that it adheres to the Privacy Shield Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Privacy Shield program, and to view Gimbal’s certification, please visit https://www.privacyshield.gov/.
1. What Information We Collect
The information we collect is dependent on which features are enabled by Gimbal or our Business Partner(s), or when information is provided to us by a Third-Party (as defined below).
Information you choose to give us.
We may collect information you choose to provide an application which utilizes Gimbal technology, such as when you designate a place in the third party application (e.g., “MyGym App”). Also, we may collect information if you participate in a survey, provide us feedback, interact with our marketing campaigns or send us questions.
Information we get when you use our services.
Where Bluetooth or applicable location features are enabled, we may periodically collect your location (e.g., latitude/longitude coordinates or proximity to any beacons) and the time of day. Also, we may collect your advertising identifier, information about your device (e.g., make, model, carrier and OS), app permissions info (e.g., deliver notifications, use location services, use of Bluetooth and other similar information), the status of our Software Development Kit (“SDK”) (e.g., the version, whether it is activated/deactivated, and your use thereof), or other similar information related to the use of our services. If you opt-in to have background location turned on, we may collect data about you even when you are not using the apps and the apps are closed (as permitted by your device settings).
Information we get from third parties.
We may obtain information from other companies that are owned or operated by us, or any other third party sources (collectively “Third Parties”) and combine that Data from Third Parties with the information we collect through our services to our Business Partners. Third Parties may include our Business Partners or other businesses that provide services to us, such as unaffiliated apps and websites (e.g., websites and applications offered by third party developers that integrate with our API, referral partners, advertising exchanges, ad platforms, ad networks or from our partners), and from other business partners, including third parties from whom we license Data.
2. How We Use Your Information
We only have direct relationships with the Gimbal End-Users. We do not have direct relationships with the Business Partner End-Users. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct related questions to the third party application in question. If requested to remove Data, we will respond to your request within a reasonable timeframe.
Where you consent, we may use your information to support our products and services, as well as to create relevant new offerings. Our uses include where we:
- Respond to you when you contact us;
- Notify you of relevant events, promotions or other interesting content;
- Verify your identity and prevent fraud or other unauthorized or illegal activity;
- Provide us and the third party application with location information such as frequently visited locations or location triggers on designated locations;
- Monitor and analyze aggregate trends and usage;
- Create aggregate or de-identified and anonymous audience segments for business purposes, as well as for other analytical purposes such as attribution, segmentation, de-duping, and re-targeting;
- Reference your comments or other feedback in our advertising, marketing, or promotional materials;
- Process and ship orders for Gimbal products and/or services;
- And any other use that we describe at the point where we collect data or information with your consent.
3. How We Share Information
We do not sell or share Data about you, unless the Data is anonymized, aggregated or pseudonymized, or you have given us consent to do so. People use our services and products in a variety of ways, including by way of example in their mobile applications and services to create more relevant experiences. We make this possible by sharing information with affiliates, service providers, vendors and contractors to provide or perform services on our behalf in the following ways:
With Our Affiliates.
We may share information within the Gimbal family of companies.
With Third Party Data Processors.
We may share your information with agents, service providers, vendors, contractors, or affiliates who process the data on our behalf. These companies are authorized to use your personal information only as necessary to provide these services to us.
These processors and sub-processors include Amazon Web Services, DataDog, Google Cloud Services, and more.
As required by law or as necessary to exercise our legal rights.
We may share your Data as required by law, such as to comply with a subpoena, bankruptcy proceeding, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others. Also, we may also share your Data in the interest of protecting or exercising our or others’ legal rights, e.g., without limitation, in connection with requests from law enforcement officials, to investigate fraud, to respond to a government request and in connection with court proceedings. In certain situations, Gimbal may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
In the aggregate or after de-identification.
We may also share Data with third parties, such as advertisers, in an aggregated or de-identified and anonymous form that cannot reasonably be used to identify you. In some cases, we may share a hashed identifier or an advertising identifier. We share such Data so that our partner(s) are able to measure conversion as to whether an individual has seen its ad, visited its website, or went to its brick and mortar location. When such Data is shared with our partners to measure conversion, the Data is blurred so that your detailed location trail history cannot be retraced or identified. We may also share or disclose aggregated or anonymous Data to other third parties, developers who use our API or SDK, or our other Business Partners, for analytical or other purposes.
Information You Choose to Share with Third Parties.
Our services may include third party links, integrations, or a co-branded or third-party-branded service that’s being provided jointly with or by another company. By going to those links, using the third party integration, or using a co-branded or third party-branded service, you may be providing Data (including Personal Information) directly to the third party, us, or both. We are not responsible for how those third parties collect or use your Data. We encourage you to carefully review the privacy policies of every third party website or service that you visit or use, including those third parties you interact with through our services.
We may also disclose your Data to other Third Parties but only with your prior consent. Our service providers, vendors and contractors will be subject to contractual obligations to: (i) only process the Data in accordance with our prior written instructions; (ii) not use the Data for their own purposes; and (ii) use appropriate measures to protect the confidentiality and security of the Data; together with any other additional requirements we have or that are available under applicable law.
In the event that Gimbal or substantially all of its assets are acquired, sold or subject to merger, your Data may be one of the transferred assets. You will be notified via a prominent notice on the Gimbal Site of any change of ownership, uses of your Data, and choices you may have regarding your Data.
4. How Long We Keep Information
We retain Data for only as long as it is necessary to:
- Provide products and services to you and others;
- Perform or fulfill our contractual obligations;
- Comply with our legal obligations;
- Resolve disputes; and
- Enforce our agreements.
By default, we store information on your device for up to sixty days and on our servers for up to two years. You may shorten these time periods by opting to “Delete” your Data as set forth in Accessing and Deleting Your Data section below.
5. California Residents
If you are a California resident, you have the following rights below. We will not discriminate against any California resident who exercises these rights. If you are not a California resident, we may, at our discretion, respond to requests relating to the below.
Right to Access
You may request from us a list of: (i) the Personal Information that we have collected about you; (ii) the categories of third parties to whom we have disclosed your Personal Information; and (iii) the categories of third parties to whom we have sold your Personal Information. You have the right to up to two (2) access requests each twelve (12) months.
Right to Delete Your Personal Information
You may request, at any time, to delete your Gimbal account and/or your Personal Information.
Right to Opt Out From the Sale of Your Personal Information
You may request, at any time, to direct us to stop selling your Personal Information. You may make this request by clicking the “Do Not Sell My Personal Information” button located at www.gimbal.com. Please note that we do not generally collect Personal Information directly from consumers.
You may contact us in relation to these rights by completing this form or by contacting us at our toll-free number (800) 803-4539 ext. 124 or as otherwise indicated below. We will not use the information you provide as part of your request for any other purpose other than to fulfill your opt out request.
To ensure the privacy and protection of individuals, we will verify or otherwise authenticate your request(s). To verify your request for access or deletion of your Personal Information, we may require that you log into your account with Gimbal if you have a preexisting account and make a request there. If you do not have an account with us, we may be unable to fulfill your request because we cannot verify or authenticate your request.
In relation to the opt-out request above, we may require that you provide us with your device identifier, which we will use to opt you out.
If you do not know your device identifier, please read the instructions below on how to obtain your device identifier. We will not use the information you provide as part of your request for any other purpose other than to fulfill your opt out request.
If you use an iOS operating system, a third-party tool is required to locate your Apple IDFA. Please note that we do not control such third-party tools and are not responsible for their content, their privacy policies, or their use of your Personal Information. When you provide Data to a third-party, the Data you provide may be separately collected by that third-party. The Data the third-party collects is subject to that third-party’s privacy practices. Privacy choices you make on the third-party website or app will not apply to our use of the Data we collect.
If you use an Android operating system, open the Google Settings app on your Android device and select “Ads.” Your Advertising Identifier should be listed at the bottom of the screen.
Additionally, you may also submit such requests through an authorized agent. To designate an authorized agent, please send us a notarized power of attorney. Requests from agents that do not submit such proof that they have been authorized by you to act on their behalf will be denied as we are unable to verify their authentication.
If you are a user of this service and a California resident under the age of 18, you may request to have your posted content or Data removed from the publicly-viewable portion of this web site by logging into your account and removing your posted content or Data from the webpage where it is posted, or contacting us directly. Content or Data may not be removed from our systems or databases. In certain situations, content or Data cannot be removed.
As a California or other U.S. resident, you may contact us with any questions or to request a list of third parties to whom we may disclose your Data for such third parties’ marketing purposes and the categories of Information we may disclose.
6. Additional Choices & Privacy Protections
Regardless of state residency, the following privacy protections are available to you:
Resetting Your Data ID.
There available, you may reset the unique ID randomly generated by Gimbal servers for each install of the Software on the device by selecting that option in the third party application settings. Please note, however, resetting the unique ID does not affect the information that was previously shared with the third party application. Please refer to the privacy policies of the third party application to better understand their privacy practices.
Safeguarding Your Data.
To protect your privacy, we limit the amount of Data that is sent to our servers. We take reasonable safeguards to help protect your Personal Information that we store and that we transmit to our servers. If you have any questions about the security of your Personal Information, you may contact us at privacy [at] gimbal [dot] com.
7. Transferring Your Data Across Borders.
8. The General Data Protection Regulation (EU) 2016/679 (“GDPR”)
To the extent that GDPR applies to you, you may have a number of rights regarding the processing of your Personal Information, including:
- The right to request access to, or copies of, your Personal Information that we process or control, together with information regarding the nature, processing and disclosure of that Personal Information;
- The right to request rectification of any inaccuracies in your Personal Information that we process or control;
- The right to request, on legitimate grounds:
- Deletion of your Personal Information that we process or control; or
- Restriction of processing of your Personal Information that we process or control;
- The right to object, on legitimate grounds, to the processing of your Personal Information by us or on our behalf;
- The right to have your Personal Information that we process or control transferred to another data controller, to the extent applicable;
- Where we process your Personal Information on the basis of your consent, the right to withdraw that consent; and
- The right to file a complaint with a Data Protection Authority regarding the processing of your Personal Information by us or on our behalf.
To maintain our commitment of safeguarding the privacy of your Personal Information, we will only process requests, including but not limited to, data access requests, data deletion requests, data portability requests, if we are able to verify or authenticate your identity. If we are unable to verify or authenticate your identity, we will not be able to fulfill your request. Please note that if you are not a Gimbal End-User or are not a Business Partner End-User, we cannot fulfill your request as there is no way for us, at this time, to accurately verify or authenticate your identity.
If you believe we have obtained your Data from an Business Partner or another Third-Party (e.g. publisher), and wish to exercise a right to access or export or delete that data, please contact the relevant Business Partner or Third Party to exercise any rights you may have. We do not have control over their policies. However, if notified by one of our Business Partners or other Third Parties to delete your Data, we will honor such requests and promptly delete Data about you that we obtained from such Business Partner or Third Party.
9. Information of Minors
We do not knowingly solicit or collect personal information from or about children under 13 years of age, and we do not knowingly market Gimbal products or services to children.
11. Contact Us
Please contact Gimbal with any comments, questions, or suggestions you may have regarding the privacy practices. You may contact Gimbal by email at privacy [at] gimbal [dot] com, or writing to Gimbal at:
Attn: General Counsel
360 E. 2nd Street, Suite 350
Los Angeles, California, USA, 90012
Effective January 1, 2020
Last updated on March 12, 2020
Effective: January 1, 2020
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.
- 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.
- 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
- 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: © 2020 PaeDae, Inc. All rights reserved.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- The Forums may include contributions from various sources over which Gimbal has no control (including any content submitted by third party users).
- Gimbal does not pre-screen or exercise editorial control over Postings, and takes no responsibility for such Postings.
- 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.
- 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.
- 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.
- Gimbal Employees. If you are a Gimbal employee, you must also follow the Gimbal Social Media Policy in your Postings.
- 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.
- 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.
- 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.
- 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:
- 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;
- 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;
- 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;
- 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;
- 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
- 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:
- A physical or electronic signature of the alleged infringer;
- 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;
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
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:
How long are cookies stored?
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.
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 firstname.lastname@example.org, or writing to us at:
360 E. 2nd Street, Suite 350
Los Angeles, CA 90012
Attn: General Counsel
Last updated: March 12, 2020
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.