If you are a California resident, please see the “Additional Disclosures for California Residents.” If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Us” section below.
2. General Terms
Mender, Inc. may be referred to as "Mender," “we,” “our,” or “us.”
We call a user of the Mender Platform “User,” “Users,” “you,” “your,” or “Client” and “Provider,” as appropriate.
The community platform that we offer at our website (www.bemender.com) is referred to as the “Site(s).”
The mobile applications (whether on iOS or Android) are referred to as the “Apps.”
Mender’s Sites, Apps, and related services, information, and communications are collectively referred to as the “Mender Platform.”
3. Information Collection
A. Information you provide to Mender
Mender collects certain personally identifiable information about you, including information that is reasonably capable of being associated with you (“Information”). Examples of Information that Mender collects include but are not limited to:
Contact Information. This may include your first and last name, postal address, telephone number, and email address.
Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.
Identity Information. If you are a Provider, we may collect Personal Information, such as your date of birth and address, national identification number if applicable, together with the result of basic criminal record checks as provided by you, or by our Third Party Agents (as defined below), as applicable and to the extent permitted by law in your jurisdiction, and to validate your identity.
Financial Information. To help Providers set up a payment account and help Clients make payments to Providers and pay fees to Mender, we may collect financial information, including credit card numbers, bank routing numbers, tax information, taxpayer identification number, and other payment information, as applicable. We use Financial Information in order to operate the Mender Platform and to ensure that Providers are paid by Clients. We do this as necessary for our legitimate interests in providing our platform and services and to fulfill our contracts with Users. To keep your financial data secure, we have contracted with a third party to maintain and process your payment card information.
Content Information. You also may choose to send Mender Personal Information in an email or chat message containing inquiries about the Mender Platform and we use this information in order to help us respond to your inquiry. We also collect content within any messages you exchange with other Users through the Service (such as through our chat functionality), and we will never use or share such information for marketing purposes.
We require that you furnish your Contact Information and Financial Information when you register an account with us in order to provide services through the Mender Platform. For example, if you are a Client, we collect your first and last name, email address, and your zip or postal code in order to create and administer your Mender account. We also collect additional information in order to facilitate your booking requests, such as information about the service you are seeking, the time, date, and location of the service, and Financial Information. If you are a Provider, we collect your first and last name, email address, mobile phone number, and zip or postal code in order to create and administer your Mender account and facilitate communications between you and your Clients through the Platform. We also collect information about your services, rates, and skills, as well as Identity Information and Financial Information.
Third-Party Information. We may receive additional information about you, such as demographic data, Financial Information, or fraud detection information, from Third Party Agents (as defined below) and combine it with other information that we have about you, to the extent permitted by law, in order to comply with our legal obligations and for the legitimate interest in improving the Mender Platform. Mender may work with Third-Party Agents to perform identity checks, criminal background checks, and right-to-work checks on Providers, if applicable and permitted by local law, in order to advance our legitimate interests in ensuring the safety of our Users and maintaining the integrity of the Mender Platform.
4. Information Mender Collects Automatically
We automatically collect certain information when you use the Service. The categories of information we automatically collect and have collected, including in the last 12 months, are as follows:
Service Use Data, including data about features you use, pages you visit, emails and advertisements you view, portions of the Mender Platform that you view and interact with, the time of day you browse, and your referring and exiting pages.
Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address and Ad Id. When you visit and interact with the Mender Platform, Mender may collect certain information automatically through cookies or other technologies, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type(s) of internet browser(s) you use, and information about the way you use the Mender Platform (“Device Information”). We may use Device Information to monitor the geographic regions from which Users navigate the Mender Platform and for security and fraud prevention purposes. Use of any IP-masking technologies or similar technologies (like the TOR network) may render portions of the Mender Platform unavailable and are forbidden on the Mender Platform.
Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). When you visit the Mender Platform via a native mobile application, we use, with your consent when required under applicable law, GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a relevant location map. We will not share your current location obtained in this manner with other Users.
We also use various Tracking Technologies (“Tracking Technologies”) to automatically collect information when you use the Mender Platform, including the following:
Cookies. When you visit websites (e.g., our Sites), your browser may automatically transmit information to these websites throughout the visit. In a similar way, when you use our mobile applications, we will access and use mobile device IDs to recognize your device. We use “cookies” and equivalent technologies to collect information through our Site and Apps. Cookies are small data files stored on your device that act as a unique tag to identify your browser.
Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Platform. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. We utilize persistent cookies that only Mender can read and use, and access mobile device IDs to:
save your login information for future logins to the Mender Platform;
assist in processing items during checkout;
hold session information; and
track user preferences.
Session cookies make it easier for you to navigate our website and expire when you close your browser. We utilize session ID cookies and similar technologies to:
enable certain features of the Mender Platform;
better understand how you interact with the Sites and the Mender Platform;
monitor usage by our users and web traffic routing on the Mender Platform; and
identify visited areas of the Mender Platform.
Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Mender Platform and then close your browser.
Exhibit A sets out the different categories of cookies that the Mender Platform uses and why we use them.
We may work with third-party advertisers who may also place or read persistent cookies on your browser, and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on the Sites to personalize your visit.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Mender Platform.
To change your cookie settings for cookies on the Sites, please click on the following addresses based on the browser you use: Internet Explorer, Safari, Chrome, Firefox, and Opera.
5. Mender's Use of Information
To operate and make available the Mender Platform. We use your data to connect you with other Users to enable the posting of, selection for, completion of, and payment for Services, in order to fulfill our contracts with Users;
For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which Clients and Providers can meet and conduct business, and in order to comply with our legal obligations;
To conduct identification, criminal background, and right to work checks, if applicable, and to the extent permitted by local law, on Users, in order to advance our legitimate interests as well as for the substantial public interest of ensuring the safety of our Users both online and offline, preventing or detecting unlawful acts, protecting the public against dishonesty, and maintaining the integrity of the Mender Platform given that Providers often interact directly with Clients and may enter their homes;
To analyze Mender Platform usage as necessary for our legitimate interest in improving the Mender Platform to grow our business;
To contact you and deliver (via email, SMS, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of the Mender Platform, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with our Users and in promoting our business;
To provide you with customer support in order to fulfill our contracts with Users;
For internal market research for our legitimate interest in improving the Mender Platform to grow our business;
For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which Users can meet;
To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users;
To enforce our Terms of Service and our legitimate interests in ensuring our Agreement is complied with; and
As otherwise set forth in the Agreement.
For more information and to understand your choices regarding third party ads, please see the “Cookies and Other Technologies and Interest-Based Advertising” in Exhibit A. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
Analytics and Market Analysis. Mender may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience, and promoting and growing the Mender Platform.
Mender uses the information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
Cell Phone Numbers. Mender may use your cell phone number to call or send recurring text messages to you, using an autodialer or prerecorded voice, in order to provide you notifications about Services, for marketing purposes (with your consent where required by law), and to administer the Mender Platform. If you would like more information about our policy, or how to opt-out, please review the “Your Rights and Choices/Opt-Out” section below or Section 25(b) “Opt-Out Instructions” of our Terms of Service. You may be liable for standard SMS and per-minute charges by your mobile carrier. Mender may also message you via push notifications (with your consent when required under applicable law), which you can opt-out of on your mobile device. Data rates may apply.
6. Information Sharing
Third-Party Agents. We share information, including Identity Information, with entities that process the information on our behalf for our business purposes. Third-Party Agents assist us with services such as payment processing, data analytics, marketing, and advertising, website hosting, fraud prevention and detection, communication services, and technical support. We contractually prohibit our Third Party Agents from retaining, using, or disclosing information about you for any purposes other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
To operate the Mender Platform, including processing your transactions, we may share your information with our agents, representatives, vendors, and service providers (“Third Party Agents”) so they can provide us with support services as follows:
Identity checks and criminal background checks, to the extent permitted by applicable law;
Fraud detection. Our fraud detection providers also use information relating to you and your use of and activity on the Mender Platform to provide fraud detection services to their other clients;
Receipt, invoice, or support services;
Customer relationship management services;
To otherwise help us provide the Mender Platform.
Other Users. Mender facilitates contact between Clients and Providers and reserves the right to share a Provider’s contact information (e.g. name, phone number, email, or postal address) with a Client and vice versa, or with their legal or another representative, in order to facilitate: (1) the resolution of a dispute related to or arising from an interaction between two or more Users of the Mender Platform; or (2) the performance of a Service. This exchange of information is a mandatory part of the Mender Platform.
Legal Obligations. Mender and our Third-Party Agents may disclose information or User Generated Content, including location data or communication data, to a third party if required or permitted to do so by law or pursuant to a court order, warrant or subpoena. Mender reserves the right to disclose Personal Information from both private and public areas of the Site(s) and the Mender Platform in the absence of a court order, warrant or subpoena, to the extent permitted by applicable law, if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Mender or its partners, parents or affiliates.
It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited or otherwise constrained by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).
Merger or Acquisition. Mender reserves the right to share information in connecting with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
Public Areas. Your profile on the Mender Platform consists of information about you and your business and may include information such as photographs, your years in business, skills, and expertise, hourly pay rates, feedback/rating information, and other information, including your username (“Profile”). The information in your User Profile may be visible to all Users and the general public. If you choose to post a Service via the Mender Platform, the contents of such listing will be viewable to Providers you select on the Mender Platform.
7. Your Rights and Choices
You may opt-out of receiving communications from us and our partners (e.g., promotional communications), remove your information from our database, choose to not receive future communications related to the Mender Platform, or cancel your account by logging on to the Site(s) and clicking on the “Account” tab, or by contacting us.
Account Settings. During registration, you choose whether to receive marketing correspondence from Mender and its affiliates and Partners. This information remains on your Profile where you can, at any point, easily edit it. After logging on, click on the “Account” tab, then select “Notifications” to make your preferred selections.
Push Notifications. You have the option to receive updates and relevant offers via push notifications in your app. These notifications can be configured in the settings of your mobile device.
Corrections to Profile. You have the right to access, update, and correct inaccuracies in your Mender Profile at any time by logging in and clicking on the “Account” tab. There, you can view, update, and correct your Account information. Our databases automatically update any information you edit in your Profile under the “Account” tab.
So that we may protect the integrity of the Mender Platform, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children under the age of majority in their jurisdiction of residence are not allowed to register as Users, we need to take reasonable measures to preserve the accuracy of our Users' ages. You may contact us at email@example.com if there is a need to make a correction to such data. Please see the Children’s Privacy section for more details.
Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to the online services you visit. Note, however, there is no industry consensus as to what site and app operations should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or act with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit https://www.allaboutdnt.com.
App and Location Technologies. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. If you do not want us to use your location anymore for the purposes set forth above, you should turn off the location services for the mobile application located in your device’s account settings, your mobile phone settings, and/or within the mobile application.
If you are a California resident, please see the Additional Disclosures for California Residents section below.
8. Mender's Information Retention Policy
We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such a longer period as may be in our legitimate interests and to comply with our legal obligations. We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single User, but we cannot tell who that User is. We use this kind of data for research purposes and to help us develop and improve our services, and we take appropriate measures to ensure you cannot be re-identified from this data.
9. Mender’s Security of Collected Information
Your Mender account is password-protected so that only you and authorized Mender staff to have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your Mender account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.
10. Notification of Changes
11. Children’s Privacy
This service is intended for a general audience and is not directed at children under 13 years of age. In certain jurisdictions, this minimum age may be higher. Please check the Jurisdiction-specific Provisions below for more information.
We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please let us know by contacting us here. We will remove the data.
We do not knowingly collect or “sell” the Personal Information of minors under 18 years old who are California residents.
12. Contacting Us
Mender's staff will respond to all mail or email from Users with questions about privacy, including the types of Personal Information stored on the Mender database, and requests to delete or rectify such Personal Information.
13. Jurisdiction-specific Provisions
A. Residents of the United States of America
Information on U.S. Users. Our collection, use, and retention of the Information of U.S. Users are in accordance with applicable U.S. laws, as is our determination of what is deemed to be “personal data and/or information.”
Mender expressly disclaims any liability that may arise should any other individuals obtain the information you submit to the Mender Platform.
Interest-Based Advertising in the United States. For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
Mender’s Security of Collected Information. While Mender will use commercially reasonable efforts to ensure the security of all Financial Information and Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein, and you agree to hold Mender harmless for any damages that may result therefrom. If you have any further questions on this issue, please refer to the Terms of Service.
B. Additional Disclosures for California Residents
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt-out, and requires business collecting or disclosing Personal Information to provide notice of rights California residents have and can exercise.
California Notice of Collection. We have collected information corresponding to the following categories of information enumerated in the CCPA.
Identifiers, including name, address, email address, account name, Social Security Number, IP address - and an ID number assigned to your account.
Customer records, phone number, billing address, credit or debit card information, employment, or education information.
Demographic information, such as your age or gender. This category includes pieces of Personal Information that also qualify as protected classification characteristics under other pre-existing California or federal laws.
Analytics and Advertising, including purchases and engagement with the Services.
Internet activity, including the history of visiting and interacting with our Service, browser type, browser language, and other information collected automatically.
Geolocation data, including location-enabled services such as WiFi and GPS.
Inferences, including information about your interests and preferences.
For more information on what we collect, including the sources we receive information from, review the Information Collection section. We collect and use these categories of Personal Information for the business purposes described in the Mender’s Use of Information section, including to provide and manage our Services.
Mender does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the Mender’s Use of Information section as a “sale,” we will comply with applicable law as to such activity.
Mender discloses the following categories of information for commercial purposes:
We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review the Information Sharing section for more detail about the parties we share information with.
Right to Know and Delete. If you are a California resident, you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
The categories of Personal Information we have collected about you;
The categories of sources from which the Personal Information was collected;
The categories of Personal Information about you we disclosed for a business purpose or sold;
The categories of third parties to whom the Personal Information was disclosed for a business person or sold;
The business or commercial purpose for collecting or selling the Personal Information; and
The specific pieces of Personal Information we have collected about you.
In addition, you have the right to delete the Personal Information we have collected from you. However, this is not an absolute right and Mender may have legal grounds for keeping such data.
To exercise any of these rights, please submit a request at firstname.lastname@example.org. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete it.
Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination. You have the right to non-discriminatory treatment by us, should you exercise any of your rights.
Shine the Light. Customers who are residents of California may request info: a list of the categories of Personal Information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes, and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please contact us at email@example.com" or [MENDER PHYSICAL ADDRESS]. Requests must include “California Shine the Light Request” in the first line of the description and include your name, street address, city, state, and ZIP code. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year. Please note that Mender is not required to respond to requests made by means other than through the provided email address or mail address.
Type of Cookie
Who Serves (for example)
These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can customize your experience and connect your account information and settings.
These cookies help provide a localized experience by showing you your local metro area.
Site features and services
Analytics and research
Google Tag Manager
Things like cookies and pixels are used to deliver relevant ads, track ad campaign performance, and efficiency, and to understand your interests from your online activity on the Site, mobile applications, and other websites and apps. For example, we and our ad partners may rely on information gleaned through these cookies to serve you ads that may be interesting to you on other websites and in doing that your information (which will not contain your name, email address or other "real-world" identifiers) will be shared with other platforms in the digital advertising ecosystem all involved in assisting the delivery, purchase, reporting, and analysis of digital advertising. Similarly, our advertisers may use a cookie, attribution service or another similar technology to determine whether we’ve served an ad and how it performed, or provide us with information about how you interact with them.
Please note that even if you opt-out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes, including analytics, and you may still see ads from us, but the ads will not be targeted based on behavioral information about you and may, therefore, be less relevant to you and your interests.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. To successfully opt-out, you must have cookies enabled in your web browser. Please see your browser’s instructions for information on cookies and how to enable them. Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each device that you use. Once you opt-out, if you delete your browser’s saved cookies, you may need to opt-out again.
For more information about targeting and advertising cookies and how you can opt-out, you can visit the Network Advertising Initiative opt-out page or the Digital Advertising Alliance’s opt-out page in the United States.
Social Media and Digital Advertising cookies and widgets
DoubleClick: Google's Doubleclick re-targeting cookie lets us serve personalized ads to you when you're browsing other websites and social media platforms. You can control ad personalization on Google and partner websites In Google’s Privacy and Terms page.
Revised: March 31, 2020