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. By using the MobiTV Service you consent to the collection and use of information as described in this Privacy Policy. This Policy does not apply to information collected on the www.MobiTV.com website. To find out how MobiTV handles information collected on the website, please refer to the MobiTV Website Privacy Policy.
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.
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.
MobiTV collects certain information that personally identifies you. When you register to become a user of the MobiTV Service, if such registration is done through MobiTV rather than your wireless carrier, MobiTV may collect your name, email address, password, and billing address. If such registration involves the use of text messaging, MobiTV and its SMS service provider will receive your cellular telephone number, which will be used solely to send you relevant 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.
MobiTV may collect information from your device regarding your physical location at the time you log into or open the MobiTV Service, and periodically during each viewing session. If we collect such information, we do not retain such information longer than is necessary for the use of such information, as described in the section “Use of Location Information” below, or as is required by our legal and/or contractual obligations. You may be asked by MobiTV Service for your consent to collect such Location Information. You may decline to provide consent for the collection and use of your Location Information; however, if you decline to provide your consent, you may not be able to continue to use the MobiTV Service at that time because we may need your Location Information to verify that your location meets the geographic requirements for using the MobiTV Service. Alternatively, you may opt out of such collection and use by ending your use of the MobiTV Service. MobiTV follows CTIA’s Best Practices and Guidelines for Location-Based Services.
MobiTV uses Anonymous Information relating to the use of the MobiTV Service. For example, MobiTV's servers automatically gather data about which programs you view and for how long. Some of our services may automatically collect certain information to provide personalized services to you (e.g., programming information for favorites or playlist features, stocks you choose for a stock “watch list”). For network monitoring purposes, the MobiTV Service may also record how many devices in the aggregate are connected to the MobiTV Service in particular geographic locations. All of this Anonymous Information gathered from your use of the MobiTV Service will not be used in conjunction with your name or your other Personal Information without your consent, except as specifically provided in the Use of Anonymous Information Section below.
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, (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 prior permission, to notify you of new products and special offers, and to provide you with breaking news alerts on your mobile device.
MobiTV uses Location Information to restrict viewing of content to the United States and to enforce certain other geographic restrictions on viewing content, such as geographic blackouts for live sporting events.
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.
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 a personalized playlist, or 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.
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.
We will not share your Location Information with third parties, except and only to the extent necessary to provide the MobiTV Service to you. We do not sell your Location Information or use it in any way not permitted by law.
Anonymous Information may be shared with third parties for research, market analysis, or other similar purposes. We may also share Anonymous Viewing Data with third parties who supply us with programming for the MobiTV Service and with the wireless carriers associated with 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.
MobiTV may disclose Collected 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 Collected Information to them 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 Information, Location Information 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 Collected 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 Collected Information except to provide such services to MobiTV, and they are also required to maintain the confidentiality of such Collected Information.
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 or call us at 1-877-795-5300 and we will make changes that you request.
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.
MobiTV maintains a variety of physical, electronic, and procedural safeguards to guard Collected Information. For example, Personal Information transmitted from your device to the MobiTV Service is automatically encrypted for your protection. Once information transmitted from your device reaches us, it resides on physically and electronically secured servers. 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, among others we use depending on the type of data being transmitted and/or stored, 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 Collected Information from unauthorized access. Only authorized MobiTV employees or agents carrying out permitted business functions are permitted to access Collected 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 third party services, including those linked to or 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.
Cookies are small data files 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 Web site so you don’t have to log in on every page and to analyze how you use the Web site. This allows Web site operators to serve you better. 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 Privacy Policy will be updated to provide you with more information.
MobiTV may make changes to this Privacy 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.
If you have any questions or comments about our use of Collected 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 Collected 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: May, 2011