Privacy Policy
Date last modified: July 2023
This privacy policy applies between you, the User of this Website or the mLog app and mBurse, LLC, the owner and provider of this Website and Mobile App (mLog). mLog, LLC takes the privacy of your information very seriously.
This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website.
This privacy policy should be read alongside, and in addition to, our Terms and Conditions, which can be found at www.mburse.com/privacy.
Please read this privacy policy carefully.
Definitions and interpretation
In this privacy policy, the following definitions are used:
1. In this privacy policy, the following definitions are used:
Data
collectively all information that you submit to mBurse, LLC via the Website or mLog app. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;
Cookies
a small text file placed on your computer by this Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the cookies used by this Website are set out in the clause below (Cookies)
Data Protection Laws
any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive), California Online Privacy Protection Act, or the GDPR, or and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;
GDPR
the General Data Protection Regulation (EU) 2016/679;
mBurse, LLC, or us
mBurse, LLC, a Colorado Corporation, whose registered office is at 1660 S. Albion Street Suite 625, Denver, CO 80222;
UK and EU Cookie Law
the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011;
User or you
any third party that accesses the Website and is not either (i) employed by mBurse, LLC and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to mBurse, LLC and accessing the Website in connection with the provision of such services.;
Website/Mobile App
the website that you are currently using, https://mburse.com, or the mLog App and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2.In this privacy policy, unless the context requires a different interpretation:
a. the singular includes the plural and vice versa;
b. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
c. a reference to a person includes firms, companies, government entities, trusts and partnerships;
d. “including” is understood to mean “including without limitation”;
e. reference to any statutory provision includes any modification or amendment of it;
f. the headings and subheadings do not form part of this privacy policy.
Scope of this privacy policy
3. This privacy policy applies only to the actions of mBurse, LLC and Users with respect to this Website/Mobile App. It does not extend to any websites that can be accessed from this Website/Mobile App including, but not limited to, any links we may provide to social media websites.
4. For purposes of the applicable Data Protection Laws, mBurse, LLC is the “data controller”. This means that mBurse, LLC determines the purposes for which, and the manner in which, your Data is processed.
Data collected
5. We may collect the following Data, which includes personal Data, from you:
a. name;
b. email;
c. phone number;
d. employee Id;
e. vehicle – year/make/model;
f. license plate #;
g. vin number;
h. company name;
i. profession;
j. use of our Service requires payment. We collect and store the billing information (name, billing address, and email address). We do not receive or store credit card or banking information (number, expiration, security code, routing number, account number, etc.). Payment information is submitted directly to our payment processors;
k. if you use our Mobile App, you may enter information into the Mobile App that you think is Personally Identifiable Information. However, all information that we collect through our Mobile App, including, but not limited to what you enter in the Mobile App, your mobile device’s ID (IDFA and Android Advertising ID), IP address, operating system type and version, non-reversible hashed email address (meaning that your email address is not discernible and cannot be reconstituted), and geolocation data (latitude/longitude, horizontal accuracy, speed) is considered Non-Personal Information. You should take special care that any comments you chose to enter do not contain your Personally Identifiable Information or that of other people;
l. web browser type and version (automatically collected);
m. operating system (automatically collected); in each case, in accordance with this privacy policy.
Generally, you control the amount and type of information that you provide to MBurse, LLC when using our Website/Mobile App. As a Visitor, you can browse our Website to find out more about our Offerings. You are not required to provide us with any Personally Identifiable Information as a Visitor.
How we collect Data
6. We collect Data in the following ways:
a. data is given to us by you; and
b. data is collected automatically.
Data that is given to us by you
7. mBurse, LLC will collect your Data in a number of ways, for example:
a. when you contact us through the Website, by telephone, post, e-mail or through any other means;
b. when you register with us and set up an account to receive our products/services;
c. completing surveys that we use for research purposes (although you are not obliged to respond to them);
d. when you enter a competition or promotion through a social media channel;
e. when you make payments to us, through this Website or otherwise;
f. when you elect to receive marketing communications from us;
g. when you use our services;
in each case, in accordance with this privacy policy.
Data that is collected automatically
8. To the extent that you access the Website, we will collect your Data automatically, for example:
a. we automatically collect some information about your visit to the Website. This information helps us to make improvements to Website content and navigation, and includes your IP address, the date, times and frequency with which you access the Website and the way you use and interact with its content.
b. we will collect your Data automatically via cookies, in line with the cookie settings on your browser. For more information about cookies, and how we use them on the Website, see the section below, headed “Cookies”.
Our use of Data
9. Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website/Mobile App. Specifically, Data may be used by us for the following reasons:
a. internal record keeping;
b. improvement of our products / services;
c. transmission by email of marketing materials that may be of interest to you;
d. contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customize or update the Website/Mobile App;
in each case, in accordance with this privacy policy.
10. We may use your Data for the above purposes if we deem it necessary to do so for our legitimate interests. If you are not satisfied with this, you have the right to object in certain circumstances (see the section headed “Your rights” below).
11. For the delivery of direct marketing to you via e-mail, we’ll need your consent, whether via an opt-in or soft-opt-in:
a. soft opt-in consent is a specific type of consent which applies when you have previously engaged with us (for example, you contact us to ask us for more details about a particular product/service, and we are marketing similar products/services). Under “soft opt-in” consent, we will take your consent as given unless you opt-out.
b. for other types of e-marketing, we are required to obtain your explicit consent; that is, you need to take positive and affirmative action when consenting by, for example, checking a check box that we’ll provide.
c. if you are not satisfied about our approach to marketing, you have the right to withdraw consent at any time. To find out how to withdraw your consent, see the section headed “Your rights” below.
12. When you register with us and set up an account to receive our services, the legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
13. We may use your Data to show you mBurse, LLC adverts and other content on other websites. If you do not want us to use your data to show you mBurse, LLC adverts and other content on other websites, please turn off the relevant cookies (please refer to the section headed “Cookies” below).
14. The mLog app may upload users’ Primary Account information to mburse.com.
Who we share Data with.
15. We may share your Data with the following groups of people for the following reasons:
a. our employees, agents and/or professional advisors – we primarily use your Personally Identifiable Information in order to provide you with our Service;
b. we may share non-personally identifiable information with our affiliates, third party partners, and agents in order to improve our systems and products, and for other research, and analytical purposes. We may also share data with third-party contractors and service providers who work on behalf of us. For clarity, your Personally Identifiable Information is NOT exposed as any part of this data.
c. third party payment providers who process payments made over the Website – to enable third party payment providers to process user payments and refunds;
d. we may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of mBurse, LLC our Users, employees, and affiliates. The specifics of such releases of information are detailed in our Data Request Policy.
in each case, in accordance with this privacy policy.
Keeping Data secure
16. We will use technical and organizational measures to safeguard your Data, for example:
a. access to your account is controlled by a password and a user name that is unique to you.
b. we store your Data on secure servers.
17. All data is stored in the Amazon Elastic Compute Cloud (Amazon EC2), which has achieved ISO 27001 certification. https://aws.amazon.com/security/ This family of standards helps us manage your Data and keep it secure.
18. Technical and organizational measures include measures to deal with any suspected data breach. If you suspect any misuse or loss or unauthorized access to your Data, please let us know immediately by contacting us via this email address: driverservices@mburse.com.
Data retention
19. Unless a longer retention period is required or permitted by law, we will only hold your Data on our systems for the period of five (5) years to fulfill the purposes outlined in this privacy policy or until you request that the Data be deleted.
20. Even if we delete your Data, it may persist on backup or archival media for legal, tax or regulatory purposes.
Your rights
21. You have the following rights in relation to your Data:
a. Right to access – the right to request (i) copies of the information we hold about you at any time, or (ii) that we modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this, unless your request is “manifestly unfounded or excessive.” Where we are legally permitted to do so, we may refuse your request. If we refuse your request, we will tell you the reasons why.
b. Right to correct – the right to have your Data rectified if it is inaccurate or incomplete.
c. Right to erase – the right to request that we delete or remove your Data from our systems.
d. Right to restrict our use of your Data – the right to “block” us from using your Data or limit the way in which we can use it.
e. Right to data portability – the right to request that we move, copy or transfer your Data.
f. Right to object – the right to object to our use of your Data including where we use it for our legitimate interests.
California Privacy Rights
California’s “Shine the Light” law permits users of the Application that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.
Under the California Consumer Privacy Act (“CCPA”) signed into law June 28, 2018 and entering into effect Jan. 1, 2020, California residents have certain rights and privileges. These rights include the:
Right to Know: the right to request disclosure of PII collected or sold.
Right to Deletion: the right to request deletion of PII collected from you.
*“Do Not Sell Right”: the right to opt-out of the sale of PII (if applicable).
Right to Sue for Security Breaches.
*We do not sell your PII to third parties and have no plans to do so in the future.
We reserve the right to ask for information verifying your identity and residency prior to disclosing any information to you or acting on your request. Should we ask for verification, the information you provide to verify your identity and residency will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete. We strive to respond to your request within 30 days of receiving a verifiable consumer request, however.
22. To make inquiries, exercise any of your rights set out above, or withdraw your consent to the processing of your Data (where consent is our legal basis for processing your Data), please contact us via this e-mail address: driverservices@mburse.com.
23. If you are not satisfied with the way a complaint you make in relation to your Data is handled by us, you may be able to refer your complaint to the relevant data protection authority. For the UK, this is the Information Commissioner’s Office (ICO). The ICO’s contact details can be found on their website at https://ico.org.uk/.
24. It is important that the Data we hold about you is accurate and current. Please keep us informed if your Data changes during the period for which we hold it.
Transfers Outside the European Economic Area
25. Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA.
26. We will only transfer Data outside the EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, e.g., by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission, or by signing up to the EU-US Privacy Shield Framework, in the event that the organization in receipt of the Data is based in the United States of America.
27. To ensure that your Data receives an adequate level of protection, we have put in place appropriate safeguards and procedures with the third parties we share your Data with. This ensures your Data is treated by those third parties in a way that is consistent with the Data Protection Laws.
Links to other websites
28. This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.
Changes of business ownership and control
29. mBurse, LLC may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of mBurse, LLC. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.
30. We may also disclose Data to a prospective purchaser of our business or any part of it.
31. In the above instances, we will take steps with the aim of ensuring your privacy is protected.
Cookies
32. This Website may place and access certain Cookies on your computer. mBurse, LLC uses Cookies to improve your experience of using the Website and to improve our range of products. mBurse, LLC has carefully chosen these Cookies and has taken steps to ensure that your privacy is protected and respected at all times.
33. All Cookies used by this Website are used in accordance with current UK and EU Cookie Law.
34. Before the Website places Cookies on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies, you are enabling mBurse, LLC to provide a better experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of the Website may not function fully or as intended.
35. This Website may place the following Cookies:
Strictly necessary cookies
Purpose: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies
Purpose: They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies
Purpose: These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies
Purpose: These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
36. You can find a list of Cookies that we use in the Cookies Schedule.
37. You can choose to enable or disable Cookies in your internet browser. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser.
38. You can choose to delete Cookies at any time; however, you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalization settings.
39. It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.
40. For more information generally on cookies, including how to disable them, please refer to aboutcookies.org. You will also find details on how to delete cookies from your computer.
General
41. You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.
42. If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.
43. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
44. This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of Colorado State courts.
Photo Collection
45. We may collect photos of your receipts when you use our app. These photos are stored in our cloud server. We use these photos to provide you with the features and functionality of our app, such as the ability to track your expenses and create reports. We may also use these photos to improve our app and services.
46. We may share your photos with the following third parties:
- Our cloud server provider
- Our legal and regulatory advisors
- Additional parties as required by law
47. You have the following rights with respect to your photos:
- The right to access your photos
- The right to delete your photos
- The right to port your photos to another service
Changes to this privacy policy
48. mBurse, LLC reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations. You may contact mBurse, Inc by email at support@mburse.com.
49. Revision History
Date of Change: July 2023
Responsible: mBurse Policy Team
Summary of Change: Updated Policy
Cookies
Below is a list of the cookies that we use. We have tried to ensure this is complete and up to date, but if you think that we have missed a cookie or there is any discrepancy, please let us know.
Strictly necessary
We use the following strictly necessary cookies:
Description of Cookie: test cookie
Purpose: for testing
Analytical/performance
We use the following analytical/performance cookies:
Description of Cookie: Analytic Cookie
Purpose: Analytics
Functionality
We use the following functionality cookies:
Description of Cookie: Functional
Purpose: Functional cookie
Targeting
We use the following targeting cookies:
Description of Cookie: Target cookie
Purpose: to target