Privacy Policy

MobiTV Website Privacy Policy

1. Your Privacy Is Important to Us

MobiTV, Inc. (“MobiTV”) owns and operates a service that enables you to receive audiovisual content on certain wireless devices (the “Service”).  At MobiTV, we believe strongly in protecting the privacy of individuals who visit our Web site or use our Service. This privacy statement applies to the mobitv.com Web site you are currently viewing and informs you what information is collected on this Web site and how it is used. To learn about MobiTV's information collection and use policies for the MobiTV Service, please refer to the MobiTV Service Privacy Notice.

2. Types of Information

• 1. We collect different types of information at this Web site. We use each type of information in different ways, as explained below in the Q&A section of our Privacy Policy. The terms defined below are used throughout our Privacy Policy:
• 2. "Personally Identifiable Information" is private data about you as an individual. Examples of this data would be your name, address, telephone number, email address, and other personal information that identifies you. We call this "Personal Information" for short.
  "Anonymous Information" does not identify you as an individual. It's information that is collected without connecting it to any name, address, or other Personal Information. Although this data does not identify you, it does provide us with anonymous information about how people are using our service or Web site. For example, anonymous information collected by us may describe how many people viewed a particular page on our Web site or used a feature of our Web site.

3. MobiTV Privacy Policy Q&A

1. What information does MobiTV collect from its Web site?

To maintain the mobitv.com Web site, provide enhanced services and tailor mobitv.com to your needs, we collect some Personal and Anonymous Information from our Web site.
When you visit certain areas of mobitv.com, we may ask you for Personal Information. For example, if you request information about our service, request notice when a particular handset is enabled to receive the MobiTV Service, or click on a link to subscribe to the MobiTV Service, we will ask you for certain Personal Information in connection with that transaction.
We may also collect some Anonymous Information from the Web site, including which pages are viewed by visitors to the site and other similar data. As do most Web sites, MobiTV.com may use "cookies." A cookie is a small data file that a Web site can send to your browser to be stored automatically on your computer. Cookies are commonly used to track your visits to a site so you don't have to log in on every page and to analyze how you use the site. This allows Web site operators to serve you better.

2. How does MobiTV use the information it collects from its Web site?

We may use Personal Information collected through our Web site to complete a transaction you request; for example to provide information or product support to you, fill your order for the MobiTV Service and bill you correctly. If you have given us permission, MobiTV and its partners may also use your mailing address, telephone number or email address to alert you to service updates, special offers, updated information about our services and breaking news alerts. If you don't want MobiTV or its partners to contact you, you may opt-out as discussed in the next question and answer below.
Anonymous Information collected through our site is used for maintenance, monitoring and market research uses, but this Anonymous Information will not be linked to you without your permission.

3. What choices do I have regarding the collection and use of information from your Web site?

When you submit Personal Information at our Web site, you can opt-out of receiving information from MobiTV or its partners about MobiTV and related products, promotions, and services. You may also set your Internet browser to reject cookies to limit the collection of Anonymous Information from our Web site, but this may affect your ability to use some parts of our Web site.

4. Does MobiTV share my personal information gathered from its Web site with any third parties?

MobiTV does not sell, rent or lease its customer information to third parties.  MobiTV will not share your Personal Information with third parties without your consent, except in the very limited circumstances outlined in the next question and answer below. Your Personal Information is not otherwise sold, marketed or shared with third parties without your permission.

5. Are there any special circumstances that may require my information to be shared with third parties?

MobiTV may disclose Personal or Anonymous Information if required to do so by law or in the good faith belief that such action is necessary or appropriate to conform to the law or comply with legal process served on MobiTV, to protect and defend the rights or property of MobiTV, the MobiTV Service or our customers, whether or not required to do so by law, or to protect the personal safety of our customers or the public. MobiTV reserves the right to contact appropriate authorities and disclose Personal or Anonymous Information to them at its discretion when it appears that individuals using our products or services are engaged in activities that are illegal or violate the MobiTV Service Terms of Service.

Should MobiTV merge with or be acquired by another company, or if the business unit providing your service were sold to another company, then customer information maintained by MobiTV, including Personal and Anonymous Information, may be transferred to and used by the resulting combined company. If MobiTV were to cease operations, this customer data might be transferred to and used by another company, which offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this would provide you with continuity of service.

From time to time we may also share Personal Information with third parties who perform certain services and functions on our behalf.  These parties only have access to the Personal Information they need to perform their functions and we require them to use the information only in connection with the services they provide for us.

6. Can I correct the information collected about me?

MobiTV believes in and supports your right to access and edit the Personal Information you have provided us. To do so, simply contact MobiTV at privacy@MobiTV.com and we will make changes that you request.

7. What if I want to change my opt-in status?

If you have opted-in to receive information you can always opt-out at a later time by making such request via e-mail at privacy@MobiTV.com , or, with respect to enrollment for MobiTV Alerts or promotion offers, replying to an alert with the word "stop".

8. Is all of my information kept securely?

MobiTV has security measures in place that are designed to protect your information. All Personal and Anonymous Information is stored on physically secured servers. Access to this information is strictly limited to individuals with a legitimate reason to have access and who have agreements that prohibit the unauthorized use or disclosure of such information. In addition, all of MobiTV's stored information is firewall protected against unauthorized access into our systems. While we cannot guarantee that loss, misuse or alteration of your data will not occur, we work hard to prevent such occurrences.

9. Does MobiTV collect Personal Information about children?

MobiTV is concerned about the safety and privacy of children and fully complies with the requirements of the Children's Online Privacy Protection Act of 1998.  MobiTV will not knowingly collect Personal Information at this Web site from anyone under the age of 13. 

10. What about links to other sites?

This Web site contains links to other sites that are not owned or controlled by MobiTV.  Please be aware that MobiTV is not responsible for the privacy practices of such other sites.  We encourage you to be aware when you leave our site and to read the privacy statements of every Web site that may collect your personally identifiable information.

11. How can I find out about changes to this Privacy Policy?

We will update this policy as our business and services expand and change. Updates to this policy will be posted on our Web site. We encourage you to review this policy periodically to review any changes that have been posted. One thing that will never change at MobiTV is our commitment to your privacy.

12. What if I have other questions?

If you have any questions or comments about our use of Personal Information, Anonymous Information or about this Privacy Policy, please contact us via e-mail at privacy@MobiTV.com. We will be happy to give you more information. If you have a complaint about our use of Personal or Anonymous Information, please let us know. We will promptly investigate and will comply fully with the applicable authorities responsible for enforcing our adherence to the privacy principles stated above.

Last Modified:  December 8, 2006

 

MobiTV Service Privacy Policy

MobiTV, Inc. ("MobiTV") owns and operates a service that enables you to receive audiovisual content on cell phones, PDAs, computers, and other electronic devices (the "MobiTV Service"). This Privacy Policy applies to information collected by MobiTV in connection with its operation of the MobiTV Service. This Policy does not apply to information collected on Web sites operated by MobiTV, such as www.MobiTV.com. To find out how MobiTV handles information collected on those Web sites, please read the privacy policies located at those sites.

YOUR PRIVACY IS IMPORTANT TO US

At MobiTV we are committed to maintaining the privacy and accuracy of your personal information and protecting such information from loss, misuse and unauthorized access and disclosure. This Privacy Policy describes how MobiTV treats information received about you when you register to use the MobiTV Service, when you provide information to us, and when you use the MobiTV Service.

WHAT INFORMATION DOES MOBITV COLLECT?

It is important to know that we collect different types of information. We use each type of information in different ways, as explained in more detail below. The terms defined below are used throughout our Privacy Policy.

• 1. "Personal Information" is any information that personally identifies you as an individual. Examples of this type of information would be your name, address, telephone number, email address, and other information that personally identifies you.
• 2. "Anonymous Information" does not personally identify you as an individual. It is information collected without connecting it to any name, address, or other Personal Information. Although this data does not personally identify you, it does provide us with anonymous information about how people are using our Service.
• 3. "Anonymous Viewing Data" is one type of Anonymous Information. It is certain viewing information collected by us, such as which programs are viewed, the average data transfer rate, length of viewing sessions, and other similar data. Anonymous Viewing Data is not linked to your Personal Information and therefore does not identify you as an individual.

Personal Information

MobiTV collects certain information that personally identifies you. When you register to become a user of the MobiTV Service, MobiTV collects your name, email address, password, billing address, and credit card number.

If you sign up to receive MobiTV Alerts or promotional offers via text message, MobiTV and its SMS service provider will receive your cellular telephone number, which will be used solely to send you such messages.

Personal Information may also be collected at other times by specifically requesting it from you, such as when you order premium services, when you request other promotional material, when we ask you to complete customer surveys, participate in contests, when you call our customer support line, and in other circumstances when you interact with the MobiTV Service or our employees, agents and contractors working to provide the MobiTV Service to you.

Anonymous Information

MobiTV collects and stores Anonymous Information relating to the use of the MobiTV Service. For example, MobiTV's servers automatically gather Anonymous Viewing Data, such as which programs you view and for how long.   In addition, MobiTV may collect information regarding the physical location from which you are logging in to receive the MobiTV Service. Similarly, for network monitoring purposes, the MobiTV Service records how many devices in the aggregate are connected to the Service in particular geographic locations. All of this Anonymous Information gathered from your use of the MobiTV Service is stored by MobiTV under an automatically generated identification number that will not be linked to your name or your other Personal Information without your consent, except as specifically provided in the Use of Anonymous Information Section below.

HOW DOES MOBITV USE THE INFORMATION IT COLLECTS?

Use of Personal Information

MobiTV collects and uses Personal Information to (a) operate and deliver the MobiTV Service, (b) process or collect payments and for other billing purposes, (c) assist you with questions and resolve problems relating to your use of the MobiTV Service, and (d) provide product upgrades, software upgrades, changes to the service, technical and administrative issues, and other information related to the MobiTV Service, and (e) with your permission, to notify you of new products and special offers, and to provide you with breaking news alerts on your mobile device.

Use of Anonymous Information

MobiTV uses Anonymous Information to effectively operate the MobiTV Service and enhance your experience using the MobiTV Service. For example, we may use Anonymous Information to diagnose and correct problems with the MobiTV Service and to optimize the performance of our computer network. We also may use information about your geographic location in order to offer you local programming and advertising, to comply with blackout restrictions that may apply to the programming offered through the MobiTV service, and for network traffic analysis.  

Anonymous Viewing Data may be used to make programming decisions for the MobiTV Service. It may also be used to tailor the MobiTV Service to your preferences, including providing you with advertisements that may be of interest to you, and to provide service enhancements to you.

In some cases, it may be necessary to link Anonymous Information relating to your use of the MobiTV Service with you individually in order to correct problems that you may be experiencing with the MobiTV Service. We may also link Anonymous Information with Personal Information in rare cases when usage patterns and other Anonymous Information indicate that one or more subscribers are violating the MobiTV Terms of Service and End-User License Agreement or are engaged in illegal activities.

WITH WHOM DOES MOBITV SHARE THE INFORMATION THAT IS COLLECTED?

Personal Information

MobiTV will not share your Personal Information with third parties without your consent, except in the very limited circumstances outlined in the Special Circumstances section below. Your Personal Information is not otherwise sold, marketed or shared with third parties without your permission.

Anonymous Information

Anonymous Information may be shared with third parties for research, market analysis, or other similar purposes. We also share Anonymous Viewing Data with third parties who supply us with programming for the MobiTV Service. MobiTV will only share Anonymous Information with third parties if the information is disclosed in a manner that does not identify individual subscribers to the third parties concerned.

ARE THERE ANY SPECIAL CIRCUMSTANCES THAT MAY REQUIRE MY INFORMATION TO BE SHARED WITH THIRD PARTIES?

MobiTV may disclose Personal Information and/or Anonymous Information if required to do so by law or in the good-faith belief that such action is necessary or appropriate to (a) conform to the edicts of the law or comply with legal process served on MobiTV, (b) protect and defend the rights or property of MobiTV, the MobiTV Service, or the users of the MobiTV Service, whether or not required to do so by law, or (c) protect the personal safety of users of the MobiTV Service or the public. MobiTV reserves the right to contact appropriate authorities and disclose Personal or Anonymous Information to them at its discretion when it appears that individuals using our products or services are engaged in activities that are illegal or violate the MobiTV Terms of Service And End-User License Agreement.

Should MobiTV merge with or be acquired by another company, or if the business unit providing your service were sold to another company, then customer information maintained by MobiTV, including Personal and Anonymous Information, may be transferred to and used by the resulting combined company. If MobiTV were to cease operations, this customer data might be transferred to and used by another company, which offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this would provide you with continuity of service.

From time to time, MobiTV may also share Personal Information with third parties for their use to provide services to MobiTV in the operation and delivery of the MobiTV Service, such as to process or collect payments, provide customer care or other service for subscribers’ accounts, or provide the products and services associated with the MobiTV Service. All such third parties are prohibited from use of such Personal Information except to provide such services to MobiTV, and they are also required to maintain the confidentiality of such Personal Information.

HOW CAN YOU UPDATE OR CORRECT YOUR INFORMATION?

MobiTV believes in and supports your right to access and edit the Personal Information you have provided us. You may call us at 1-877-795-5300 to make such a change.

DOES MOBITV COLLECT INFORMATION FROM CHILDREN UNDER 13?

MobiTV currently does not knowingly collect or use Personal Information from children under 13, and MobiTV will not do so in the future without first obtaining verifiable consent from their parents. Should a child whom MobiTV knows to be under 13 send Personal Information to MobiTV, MobiTV will only use that information to respond directly to that child or seek parental consent.

WHAT TYPES OF SECURITY MEASURES ARE IN PLACE TO PROTECT YOUR INFORMATION?

MobiTV maintains a variety of physical, electronic, and procedural safeguards to guard your information. For example, information transmitted from your computer or other device to the MobiTV Service is automatically encrypted for your protection. Once your information reaches us, it resides on a server that is heavily guarded both physically and electronically. In order to prevent unauthorized access into our systems, our servers sit behind an electronic firewall and are not directly connected to the Internet. These technologies and methods increase the security and privacy of information traveling to, from and within the MobiTV Service. While we cannot guarantee that loss, misuse or alteration of your data will not occur, we work hard to prevent such occurrences.

MobiTV also safeguards Personal Information from unauthorized access. Only authorized MobiTV employees or agents carrying out permitted business functions are permitted to access Personal Information. Employees who violate MobiTV's privacy access policies are subject to disciplinary actions, including termination when appropriate. In addition, MobiTV encourages all users of the MobiTV Service to review the privacy policies posted by the Web sites visited over the Internet, including those linked to from the MobiTV Service, to ensure that these Web sites also protect Personal Information. MobiTV is not responsible for Personal Information you provide to such sites or the privacy practices and other polices of such sites.

DOES MOBITV USE COOKIES?

Cookies are small text files that are placed on the hard drive of your computer by a Web site you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the site, the site knows who you are and can personalize your visit. In operating the MobiTV Service, MobiTV uses cookies to authenticate you as an authorize user of the MobiTV Service and to improve your experience using the MobiTV Service. You may set your browser to reject cookies, but this may affect your ability to use some parts of the MobiTV Service.

As technology advances and cookies provide more functionality, we may utilize them in different ways in the future. As we do so, this Policy will be updated to provide you with more information.

HOW CAN I FIND OUT ABOUT CHANGES TO THIS PRIVACY NOTICE?

MobiTV may make changes to this Policy from time to time. We will post changes to our Privacy Policy here, so be sure to check back periodically. We may also notify you of significant changes by email or in other ways.

WHAT IF I HAVE OTHER QUESTIONS, COMMENTS, OR CONCERNS ABOUT PRIVACY?

If you have any questions or comments about our use of Personal Information or about this Privacy Policy, please contact us at privacy@MobiTV.com. MobiTV will use reasonable efforts to promptly investigate any complaint you may have regarding our use of Personal Information and to comply fully with the legal and regulatory supervisory authorities responsible for enforcing our adherence to the privacy principles stated above.

Last updated: December 8, 2006