Last Updated: April 2011

MobilePages Privacy Policy

Welcome, and thank you for your interest in MobilePages, Inc. (“MobilePages”, “we” or “us”) and the MobilePages Service, as described in the MobilePages Terms of Use  (“Terms”).  This Privacy Policy is incorporated into and is subject to the MobilePages Terms of Use. 

This Privacy Policy describes what information we gather from you, how we use and disclose that information, and what we do to protect it.  By using the MobilePages Service, you expressly consent to the information handling practices described in this policy. 

THE MOBILEPAGES SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE MOBILEPAGES SERVICE BY MOBILEPAGES. BY USING THE MOBILEPAGES SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE MOBILEPAGES SERVICE.  If you are older than 13 but younger than 18 years of age (“Minor Child”), you must have parental consent before registering for an account on the Service and your parent must accept the Terms on your behalf.  If you, as a parent or legal guardian, have agreed to allow your Minor Child to use the Service, you agree that you shall be solely responsible for: (i) the online conduct of such Minor Child; (ii) monitoring such Minor Child’s access to and use of the Service; and (iii) the consequences of any use of the Service by such Minor Child.  We do not knowingly collect personal information from children under the age of 13.  If we learn that a child under 13 has submitted personal information to us, we will take appropriate steps to address the situation as soon as possible.

The Information We Collect:

• Registration Process and User-Provided Information: To register for the MobilePages Service, you must provide us with a mobile phone number and password.  During the registration process, we will send you a confirmation code by text message or other similar means to verify your ownership of that mobile phone number.  We do not require you to submit any other “personally identifiable” information such as your name, e-mail address, postal mailing address, home telephone number, or location) during the registration process.  However, you may provide us and other users with personally identifiable information during your use of the MobilePages Service, for example when you add content to or create a MobilePage, submit User Postings, entering search queries, submit your location, interact with other users of the MobilePages Service through communication or messaging features, or send us customer service related requests.  If you use our web interface to create or publish MobilePages, you may be required to create a username and password for access. 
• Location Information:  The MobilePages Service currently or in the future may offer features designed to help you share information with others, including in whole or in part based on your location.  You will be given the opportunity to opt out of Location-based Services.  If you choose to enable Location-based Services, we may collect your location based on information provided by you or available from your web browser or mobile device, including, if available, GPS, IP Address or cell tower information.  If you choose to disable Location-based Services, you will not be able to utilize certain features of the MobilePages Service.
• “Cookies” Information:  The MobilePages Service may offer features that enable users to upload, access, and interact with content on MobilePages using either the MobilePages App or a web interface or browser on your mobile device or computer’s browser.  When you use the MobilePages Service, we may send one or more cookies – small pieces of information containing a string of alphanumeric characters – to your computer or your mobile device.  We may use both session cookies and persistent cookies.  A session cookie disappears after you close your browser or the App.  A persistent cookie remains after you close your browser or the App and may be used by your browser or the App on subsequent visits to the MobilePages Service.  Persistent cookies can be removed.  Please review the appropriate “Help” file to learn the proper way to modify your cookie settings.  Please note that if you delete, or choose not to accept, cookies from the MobilePages Service, you may not be able to utilize the features of the MobilePages Service to their fullest potential.  We may also use the Unique Device Identifier (“UDID”), or other device information that uniquely identifies individual smartphones or mobile devices (collectively, “Device ID”), if any, in order to authenticate the user session.  This Device ID functions similarly to a cookie to make it possible to authenticate the user without the need for a password.
• “Automatically Collected” Information:  When you use the MobilePages Service, we may automatically record certain information from your web browser and/or the App by using different types of technology, including standard log files, “clear gifs” or “web beacons.”  This “automatically collected” information may include your Internet Protocol address, device model and/or type, device address or ID, location, web browser, the web pages or sites that you visit just before or just after the MobilePages Service, the MobilePages you view on the MobilePages Service, and the dates and times that you visit the MobilePages Service.
• Third Party Web Beacons:  We may also implement third party content, such as advertising, on the MobilePages Service that uses “clear gifs,” “web beacons,” or other similar techniques, which allow the third party content provider to read and write cookies to your browser, or implement similar tracking mechanisms, in connection with your viewing of that third party content displayed on the MobilePages Service.  This information is collected directly by the third party, and MobilePages does not participate in that data transmission.  Information collected by third parties in this manner is subject to that third party’s own data collection, use, and disclosure policies.
• Invitation Service: If you choose to use our invitation service to tell a friend about the MobilePages Service, we may ask you for information needed to send the invitation, such as your friend’s email address or phone number. We will automatically send your friend a one-time email or instant message inviting him or her to visit the site. We store this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at privacy@MobilePages.com to request that we remove this information from our database.
• Information from Other Sources: We may also obtain information, including personally identifiable information, from third parties and sources other than the MobilePages Service, such as third party sites that you may link to from the MobilePages Service, files that you may import into the MobilePages Service, software that interacts with the MobilePages Service, advertisers, and other users of MobilePages App.  We do this in order to provide you with more useful information and a more personalized service.  We may also, at your direction, have access to information from third party services that provide a mechanism to expose information you have provided to such third party through the use of an application program interface (API), such as Facebook Connect.  The information that we receive from such third party services through an API is separately governed by your agreement with those third parties.  If we combine or associate information from other sources with personally identifiable information that we collect through the MobilePages Service, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

The Way We Use Information:

• We use the information you provide or that we collect to develop, operate, maintain, enhance, and provide all of the features and services found on the MobilePages Service now and in the future.  We will use your phone number or other means that you provide us to contact you for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues, or regarding User Postings that you have submitted to the MobilePages Service. 
• We use the location information that you provide or that we collect to provide content and services to you based on your location, such as displaying User Postings from other users of the MobilePages Service based on your location or allowing you to communicate with other users of the MobilePages Service based on your location.  We also use your location to customize search results on MobilePages411 and MobilePages Real-Time Reverse Search to enable you to tag your User Postings with a location to enable location-based searching of your User Postings by other users of the MobilePages Service.
• We use the information that you provide or that we collect, including location information, to understand and analyze the usage trends and preferences of our users, to improve the way the MobilePages Service works and looks, and to create new features and functionality. 
• We may use “automatically collected” information, “cookies” information, and “location” information, alone or in combination with other information we have collected from you, to:  (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you use the MobilePages Service; (b) improve our promotional efforts or provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of the MobilePages Service and third party marketing activities; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your interactions with the MobilePages Service.  We may use your mobile device number or other personally identifiable information, including your location, to send (i) messages about the MobilePages Service, such as when you receive communications from another user, (ii) promotional messages related to the MobilePages Service and the activities of third parties we work with, and (iii) communications on behalf of other users who think you may be interested in the MobilePages Service or certain content available on the MobilePages Service.  Generally, you have the ability to opt-out of receiving any such communications, either through links provided in the messages, or by updating your account preferences through the MobilePages Service.

When We Disclose Information:

We are not in the business of selling your information.  We do, however, disclose your personally identifiable information in a variety of circumstances in connection with developing and maintaining the MobilePages Service and operating our business.  For example:

·       We work with third party service providers in the U.S. and other jurisdictions to provide website development, hosting, maintenance, and support as well as other business services for us.  To the extent it is necessary for these service providers to complete their work; these third parties may have access to or process your personally identifiable information.  These disclosures are generally made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.

·       The MobilePages Service enables users to communicate in a variety of ways.  Any personally identifiable information that you voluntarily choose to include in an area on the MobilePages Service accessible by other users, such as a User Posting that you submit, any MobilePage that you create or post content to, will be available to other users who access that content.  Once you make your personally identifiable information available to others in any of these ways, it may be collected and used by the recipients without restriction.  Note that while we provide tools to modify which groups of users can access certain of your User Postings and other information, we cannot guarantee that use of these features will prevent access to information you post on the MobilePages Service by other users, whether surreptitiously or otherwise.  Examples of the above include:

o   The Group Calling feature of the MobilePages Service allows multiple users to simultaneously participate in an instant group call without dial-in or PIN numbers.  In the event that you provide any personal information during a conference call, that information will be made available to other parties on the conference call.  The Group Calling feature may also enable the hosting party to record the conference call.  While we try to notify all participants that the conference is being recorded, network limitations mean that we cannot guarantee that this notification will be provided to every participant during or prior to each call.   

o   If you use the MobilePage411 or MobilePage Real-Time Reverse Search Services, your personal information may be provided to third parties as part of that service.  For example, if you submit a MobilePage with your personal information to us for inclusion into MobilePage411, we may disclose that information to third parties so that they can contact you regarding the content on the MobilePage that you have submitted.  If you submit your phone number to us as contact information for a MobilePages Real-Time Reverse Search, we may disclose that information to third parties to contact you regarding your request. 

·       We enable users to communicate directly with other users of the MobilePages Service, by messages, postings on MobilePages, and other means.  Any personally identifiable information that you voluntarily choose to include in a communication with other users, including your location information, will be available to such other Users, in accordance with any privacy settings you have enabled for such communication.

·       We may disclose automatically collected and other non-personally-identifiable information both in aggregate and for individuals to interested third parties, including our affiliates, advertisers, publishers, and other current and prospective investors or business partners.  This information may be used to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the MobilePages Service.

·       We may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary or useful to comply with state and federal laws (such as U.S. copyright law), to respond to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.

·       We work to promote a safe and reliable service for all users.  We reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect MobilePages and others from fraudulent, abusive, predatory, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the MobilePages Service; or to protect or vindicate the rights, property, or personal safety of MobilePages, our users, or others.

In the Event of Merger or Sale:

In the event that all or a portion of MobilePages or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control.

Your Choices:

You may, of course, decline to share certain personally identifiable information with MobilePages.  We generally do not require personally identifiable information from you to use this service, except as described herein.  You may update, correct, or delete your profile information and preferences at any time by accessing the Settings tab through the MobilePages App.  Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.  Please note also that once you have publicly shared information, it may be re-shared by other users, and your subsequent modification or removal of that information will not necessarily affect all copies previously propagated by others.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information.  You are responsible for maintaining OWNERSHIP AND CONTROL OF YOUR MOBILE DEVICE and the secrecy of your unique password and account information AT ALL TIMES.  In the event that you lose your mobile device, please first contact your phone company to have them discontinue service to your mobile device and then contact us at support@mobilepages.com to restrict unauthorized access to your account.  Until you contact us, your MobilePages account will be accessible to any party that has your mobile device in their possession.  

We make certain tools and features for configuring your privacy settings available to you through the MobilePages Service, but such features and settings do not guarantee the anonymity or confidentiality of any information, including personally identifiable information and User Postings, you provide or submit to the MobilePages Service.

Third Party Websites and Advertising:

The MobilePages Service may contain links to web sites and services which are provided by third parties.  Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security.  We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the MobilePages Service. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Advertisements that may appear on the MobilePages Service are sometimes delivered (or “served”) directly to users by third party advertisers.  They automatically receive your IP address or device ID when this happens. Third party advertisers may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.  In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Third party advertisers have no access to your contact information from MobilePages.

MobilePages does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in.  However, please note that if an advertiser asks MobilePages to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.

You should consult the respective privacy policies of third party websites, ad servers or ad networks before clicking on the sites or ads.  MobilePages’s Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites. 

Our Commitment to Data Security:

MobilePages employs certain physical, managerial, and technical safeguards designed to help protect the integrity and security of our systems.  Please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  We cannot ensure or warrant the security of any information you transmit to MobilePages or to any third party, and you do so at your own risk.

If MobilePages learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. MobilePages may post a notice through the MobilePages Service if a security breach occurs.  Depending on where you live, you may have a legal right to receive notice of a security breach in writing.  To receive a free written notice of a security breach you should notify us at privacy@mobilepages.com.

International Visitors:

The MobilePages Service is intended solely for visitors located within the United States.  If you nonetheless choose to use the MobilePages Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the MobilePages Service you consent to that transfer, storage, and processing. Further, we may transfer this data from the United States to other jurisdictions in connection with storage and processing of data, fulfilling your requests, and operating the MobilePages Service. 

Changes and Updates to this Privacy Policy:

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be revised from time to time at MobilePages’s sole discretion, as provided in the Terms.  If we modify the Privacy Policy, we will make it available through the MobilePages Service, and indicate the date of the latest revision.  In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change.  For example, we may send a text or SMS message to your mobile phone number or generate a pop-up or similar notification when you access the MobilePages Service for the first time after such material changes are made.  Your continued use of the MobilePages Service after a revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.  We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the information we collect from you.  Notwithstanding, without your affirmative consent we will only use your personally identifiable information in accordance with the terms of the Privacy Policy in effect at the time the information was collected.

MobilePages Contact Information:

Please contact MobilePages with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by email: privacy@mobilepages.com.