October 7, 2009

Introduction

The purpose of this Privacy Policy is to inform you, the user (“You”) of Asurion Mobile Applications, Inc.’s (“Developer”) address book application (“Address Book”), about Developer’s practices relating to the collection, use and disclosure of Personal Information (as defined below) that may be acquired or provided through Your access to or use of Address Book.  By using Address Book, You consent to the collection, use and disclosure of Your Personal Information in accordance with the following terms and conditions.

This Privacy Policy also explains how You can contact us if You have a question about, want to make a change to or delete any Personal Information that Developer may be holding about You.  Developer strongly recommends that You take the time to read this Privacy Policy and retain it for future reference.

Personal Information Collected

Registration information

Your registration information is the information you submit when you sign up and create an account. 

Connection information

Your connection information is information we automatically receive as a result of certain technical standards on the web – this includes the URL of the site from which you came and the site to which you are going when you leave our site or services. We also receive the number of your mobile or the Internet protocol (IP) address used by your ISP for your connection (or the proxy server you use to access the web), your mobile handset model or computer operating system and type of browser you are using, as well as the name of your mobile operator or ISP, and your country of origin.

Usage information

Your usage information is the information we collect from and about your use of our products and services, such as the services and features you use, how often you sync your mobile, where you access the service from, etc.

SmartContact management information

We will be able to identify remotely which SmartContacts you have on your device, including which versions of those SmartContacts. This enables us to offer you upgrades to those applications so that you always have the latest version on your device. You will be notified when an upgrade becomes available and will be offered the choice to upgrade or not, unless, when you first downloaded the Application, you chose not to be alerted about such upgrades. If you choose to use the SmartContact, the company sponsoring the SmartContact may receive information about you.

MixIn management information

We can identify remotely which MixIns you have on your device, including which versions of those Applications. This enables us to offer you upgrades to those MixIns so that you always have the latest version on your device. You will be notified when an upgrade becomes available and will be offered the choice to upgrade or not. We do not store your login or password for any external sites.

Information held by your wireless carrier

By accepting downloading Address Book, you authorize Developer to obtain personal information from your wireless carrier  and authorize your wireless carrier to release such personal information to Developer notwithstanding your wireless carrier’s privacy policies. 
Information that your wireless carrier may already know about you and which they, depending on their privacy notice to you, may use to provide the product or service that you have requested, to enhance the product or service that you have chosen to use or tailor the content that you see. If you wish to understand more about how they process your information, then you will need to contact them.

Use of Personal Information

Because many of our products and services are provided for free to you, the cost of providing that product or service may be subsidized by payments received for the advertising that you see. This advertising may be tailored based on information that we have about you – for example "male aged between 18-25 and living in the Bay Area". This in turn may be derived from the registration information that you have provided, browsing information or from information held about you by your wireless carrier where they have the necessary consents to use your personal information for this purpose. You may see tailored content on our services. This tailored content may feature third party products and services. No advertiser or third party will receive information about you just because you have seen tailored content about their product or service.

Archived Information                                                          

Your private content

All content that you choose to upload is your own private property. This includes the content of any communications that you choose to store such as email, SMS, Instant Messenger content. Please take care when uploading or publishing personal content about yourself or your friends and contacts. Consider their privacy rights and ensure that you only use their information for your own personal purposes.

If you have chosen to link this service to other social networking sites that you are a member of, any changes that you make to your status via this service, may be updated on those other linked social networking sites. Please note that if you choose to use one of the facilities on this service to integrate your contacts and content from another social network service, this will necessarily involve the transfer of your information and the information of your friends and contacts from that service to this service.

We will not read, change, destroy or forward the contents of your account, unless it is in accordance with this Privacy Notice or the Terms & Conditions, or we are forced to do so by law, regulation or any extraordinary circumstance.

Your location

We offer location features for some services which use the location of your mobile device. This location information may come from a variety of sources, such as your device (GPS positioning), your mobile operator (cellular network data) or a wireless hotspot provider.
You have complete control at all times over your location information and whether this is made visible to others or to us. You can control the visibility of your location, check your current settings and who can see your location via the Privacy Settings page.

Your friends

If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will send your friend an email or instant message in your name inviting him or her to visit the site. We store this information to allow you to send invitations and reminders, to register a friend connection if your invitation is accepted, and to allow you to see invitations you have sent.

Disclosure of Information

• Except as explained herein, Developer will not use or disclose Archived Data to nonaffiliated third parties for any other purpose without Your express consent.
• Developer may transfer or license usage information in a non-personally identifiable form to unaffiliated service companies to help Developer maintain and operate its data back-up service or for other reasons necessary to maintain and/or continue the operation of its own business or marketing.  Developer requires these service-related companies to take steps to maintain the confidentiality of Your Personal Information they may receive from us in accordance with the principles set out in this Privacy Policy, and require them to use such information only for the purposes for which it was provided to them. 
• Developer may disclose Your Personal Information and/or Archived Data in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted or required by law, and You understand that such disclosure may be made without notice to You and without Your consent. 
• You understand and agree that Developer reserves the right to disclose and/or transfer Personal Information and/or Archived Data to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of its business or of any of assets or shares of business or a division thereof in order for You to continue to receive the same or similar products and services from the third party.
• We may share with third parties certain pieces of aggregated, non-personal information. Such information does not identify you individually.

Retention and Storage of Your Personal Information

Developer will retain Your Personal Information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws, and Your consent to such purposes(s) remains valid after termination of Developer’s relationship with You.

For Non-United States Residents:  Your Personal Information may be processed and stored outside of the state, province or territory in which You reside and/or outside of Your country by Developer, an affiliate or an unaffiliated service provider for the purposes set out above and, under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access Your Personal Information and/or Archived Data.

Changes in Policy

From time to time Developer may use Your Personal Information for new, unanticipated uses not previously disclosed in its Privacy Policy. If Developer’s information practices change at some time in the future, Developer will post the policy changes to its website to notify You of these changes and provide You with the ability to opt-out of these new uses. If You are concerned about how Your information is used, You should check back at Developer’s website periodically.

Security

We recognize that our customers are increasingly concerned about how companies protect personal information from misuse and abuse. We use specialist security teams who are constantly reviewing and enhancing our technical, physical and managerial procedures and rules to protect your personal information from unauthorized access, accidental loss and/or destruction.

Please be aware that communications over the internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the web and the internet. We cannot accept responsibility for any unauthorized access or loss of personal information that is beyond our control.

Loss or theft of account information

Developer will notify You of any suspected or confirmed loss or theft of the Archived Data and Your Personal Information in accordance with applicable state, provincial and federal law. 

For United States residents:  Compliance with DMCA

In connection with Your use of AddressBook and Archived Data, You further agree that You will not: (i) submit, download, store or distribute material that is copyright protected, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to transfer and store the data with Developer and to grant Developer all of the license rights granted therein; or (ii) download and/or store material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.  Developer does not endorse any Archived Data and Developer expressly disclaims any and all liability in connection with Your Archived Data. Developer does not permit copyright infringing activities and infringement of intellectual property rights, and Developer will remove all Archived Data if properly notified that such Archived Data infringes on another’s intellectual property rights. Developer reserves the right to remove Archived Data without prior notice. Developer also reserves the right, but does not undertake the obligation, to decide whether Archived Data is appropriate and complies with these terms and conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Developer may remove such Archived Data and terminate Your access for downloading such material to Developer Storage Systems in violation of these terms and conditions at any time, without prior notice and at its sole discretion. Developer may also terminate Your access to its software license and data back-up service, if You are determined to be a repeat infringer.  You will be considered a repeat infringer if You have been notified of infringing activity or other violation of these terms and conditions more than twice and/or have had Archived Data removed from Developer Storage Systems more than twice.

DMCA Copyright Infringement Notification

Developer has a policy of removing data or content that violates copyright law. Pursuant to Section 512 of Title 17 of the United States Code, Developer has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following information (or such other additional information as may be required by Section 512(c)(3) of the Copyright Act):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. Identification of the material that is claimed to be infringing or to be 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 the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party 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.

Asurion Mobile Applications, Inc.
1400 Fashion Island Blvd
Suite 450
San Mateo, CA 94404
Attention: General Manager – DMCA Notification
Fax: 650.581.2785
Main: 650.581.5190
Email: DMCAnotification@asurion.com

For clarity, only copyright infringement notifications should be sent to the designated agent above. You may not receive a response to any other feedback, comments, requests for technical support, or other communications delivered to the designated agent above.

Contacting Us

In the event that You have any questions about this Privacy Policy or if You have reason to believe that Developer may have failed to adhere to this Privacy Policy, You may contact Developer in any of the ways noted below.

Asurion Mobile Applications, Inc.
1400 Fashion Island Blvd
Suite 450
San Mateo, CA 94404
Attention: General Manager – Privacy Policy