March 26, 2008

Introduction

The purpose of this Privacy Policy is to inform you, the user (“You”) of Asurion Mobile Applications, Inc.’s (“Developer”) wireless data backup application (“CellBackup”), 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 CellBackup.  By using CellBackup, 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.

Information Collected

When You download CellBackup onto Your wireless communications device (“Device”), either through Your Device or Your Device wireless carrier (“Carrier”), Developer will automatically have access to Your Device phone number and, where applicable, Your SIM Card. In addition to this information, Developer may acquire data relating to Your use of CellBackup and Carrier services and Developer may ask You or Your Carrier for personally identifiable information (collectively, “Personal Information”) or use Your Device phone number or SIM Card to acquire Personal Information from Your Device Carrier. This Personal Information may include, but is not limited to, Your full name, mailing address, email address, and cell phone account number. This information allows Developer to maintain and track the data You store (“Archived Data”) on storage servers operated by or for Developer (“Developer Storage Systems”). by accepting downloading CELLBACKUP, you authorize DEVELOPER to obtain personal information from your DEVICE CARRIER and authorize your DEVICE CARRIER to release such personal information to DEVELOPER notwithstanding your DEVICE CARRIER’s privacy policies. 

Use of Information

Developer may use Your Personal Information for such purposes as:

• helping to establish and verify Your identity;
• activating Your account;
• maintaining and providing data back-up services to You;
• auditing, research and analysis in order to maintain, protect and improve our services;
• contacting You to offer product or service updates, promotional notices and other information about CellBackup or other services available from Developer or its affiliates (You may choose not to allow Developer to use or disclose Your Personal Information for marketing and promotional purposes by contacting Developer as outlined below – see “Contacting Us”);
• responding to Your questions, inquiries, comments and instructions; and
• maintaining the security and integrity of Developer’s systems.

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 Your Personal Information 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 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 System

Developer has implemented measures to help protect against the unauthorized access, loss, misuse and alteration of the Archived Data and Your Personal Information.  Developer utilizes sophisticated security measures and encryption technology to help protect the integrity of the Archived Data and Your Personal Information. After CellBackup (version 3.0 and higher) is installed, the Archived Data and Your Personal Information is encrypted before being transmitted over the Internet to Developer. In some instances, technology limitations may prevent encryption. The Archived Data and Your Personal Information will be encrypted by Your phone before it is transferred to Developer Storage Systems. Once Developer receives the Archived Data and Your Personal Information, it is authenticated and protected from the outside by a firewall. 
In addition, the following data security measures will be taken with respect to the Archived Data and Your Personal Information:

1. Developer will regularly update anti-virus software.
2. Developer will restrict access to data within the company to people with a need-to-know.  Developer will restrict physical access to Your Archived Data and Your Personal Information.
3. Developer will track and monitor access to network resources and the Archived Data and Your Personal Information.  Developer will regularly test its security system.
4. Developer will maintain the Privacy Policy at www.cellbackup.com.  Developer will ensure that all employees are familiar with this policy.

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 CellBackup 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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

Fax: 650.581.2785
Main: 650.581.2752
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. You may also contact Developer in any of the following ways to request access to or correction or update of Your Personal Information.

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