LEGAL NOTICE :: PRIVACY POLICY
Last Updated and Effective on August 27, 2008
At Breathe Interactive Media ("BIM", "We", "Us" or "Our") We take Our Customer's ("You", "Your") privacy seriously. This policy ("Privacy Policy") outlines and governs our respective legal rights pertaining to the collection, use, protection, transfer and disclosure of Your public and non-public personal information (information not from a public source) submitted to Us when using Our wired and wireless Services and Site.
Terms of Service
This Privacy Policy is part of Our Terms of Service ("Terms") and/or other agreements between You and BIM. Please refer to said Terms regarding Your rights and obligations with respect to Your use of BIM's Services and Site.
It is therefore important You review Our Privacy Policy before You submit any information to Us.
Notice of Collection of Information
BIM shall collect user submitted personally identifiable information, including but not limited to full name, user name, passwords, physical address, email address, telephone number, gender, birthdate, personal interests and preferences, education level, occupation, marital status, current purchases and subscriptions, usage information, billing information and other profile-type information (collectively, "PII"), from You when visiting, interacting, communicating or otherwise using our Site or Services wired or wirelessly.
BIM may also record and collect information about Your usage of Our Services or Our Site. By way of example and not limitation, we may record what Downloads you make, which Carrier you use, what type of subscriptions you purchase, what preferences you select, what type of computer, model handset or wireless device you use to access the Services ("Device") and/or how long your browsing sessions last on our Site.We may associate such recorded information with You and Your account. We may also use such recorded information in non-personally identifiable aggregate form ("Non-PII"). Such Non-PII may include without limitation any of the above data in aggregate statistical form, for example: the total number of Downloads or pages from Site viewed for a certain period, time spent using certain Services, aggregate user data, demographic data, cookies, operating systems, mobile settings, browser and device types, and other information which does not specifically identify any one individual. All Non-PII may used by BIM at its sole discretion and also may be shared by BIM without limitation to any number of third parties at its own sole discretion.
Any personal information or content You voluntarily disclose on publicly available discussion boards, in messages, forums, web logs, chat areas, in classifieds, or public profile pages, etc. shall be considered Non-PII submitted to the general public and can in turn be used by any person or entity (including BIM) viewing such information to send you unsolicited communications.
Cookies
A "cookie" is a small text file that is stored on a user's Device.Cookies are used for record-keeping purposes and facilitate and greatly enhance Your communication and interaction with Our Site. Many mobile sites and web sites use cookies for these purposes.
We may use cookies and log file information to: (a) properly administered Our system and improve its performance; (b) store information so that You will not have to re-enter it during Your visit or the next time You use the Service or visit Our sites; (c) provide you a customized, personalized user experience with customized and personalized content and information; (d) monitor the effectiveness of Our marketing campaigns; (e) monitor aggregate metrics/statistics such as total number of visitors, Downloads, pages viewed, etc.; and (f) track Your Downloads, entries, submissions, general usage and status in promotions, sweepstakes, and contests.
In addition, We may use cookies, clear gifs, web beacons and other methods in communications to You to track the usage of such communications in much the same manner as usage of Our Site and Service is tracked.
You may stop or restrict the placement of cookies on Your Device, including third party cookies, or delete them from Your browser or Device by adjusting Your Device preferences, in which case You may still use Our Services/Site, but it may interfere with some of its functionality. Unless You have adjusted Your Device's setting so that it will refuse cookies, Our system will issue cookies when You access Our Site or use our Services. Please note that, if You reject cookies or disable cookies in Your web browser or Device, You may not be able to use Our Site or Services.
Data Integrity: The Use of Your Information
We only use Your information for the purpose for which it is collected and for the following:
1. for administrative purposes;
2. for authentication purposes;
3. to properly operate, maintain and provide You with the features and functionality of Our Sites and Our Service (for example, Your phone number, self-selected user id and/or account name (and in certain instances, Your email address) may be displayed to others when using the Service (e.g. when you send a mobile text message or when you invite another to use our Service) and other users can contact You through such communications);
4. to customize and personalize features for You and otherwise enrich your user experience when using our Site and Services;
5. to present You with promotions, advertisement and opportunities to We believe may be of interest to You;
6. to enable Our vendors and contractors to assist Us in operating, maintaining and providing Our Services and products to You;
7. to enable Us to carry out Our obligations arising from any contracts/subscriptions entered into with You;
8. to notify You about changes to this Privacy Policy or Our Terms of Service, Site or Service (if We deem it appropriate);
9. to investigate and help prevent potentially unlawful activity or activities that threaten the integrity of Our Service or network;
10. to investigate allegations of fraud or violations of Our Terms of Service or other policies (e.g. to verify Your identity);
11. to enforce or apply Our rights under Our then current Terms of Service;
12. as required by courts, requests from law enforcement, requests from local, state or federal government or administrative agencies or subpoena;
13. to protect the rights, property or safety of any of Our customers or others;
14. to improve the quality and design of Our Services and to create new features, promotions, functionality, and Services by storing, tracking, and analyzing Your preferences and trends; and
15. in connection with a sale of some or all of BIM its assets or the merger or reorganization of BIM's business (including in the event that We sell or buy any business or assets, in which case We may disclose Your PII to the prospective seller or buyer of such business or assets).
Onward Transfer of Your Information to Third Parties
Except as otherwise set forth in Our Terms of Service and this Privacy Policy, We will not trade, sell, transfer or disclose to any third party any form of Your PII without Your consent unless:
1. such third party is a related affiliate, subsidiary or parent company of BIM or a licensor of content or services offered to You through Our Service;
2. subject to Your opt out rights outlined below, such third party has a contractual relationship with BIM, and such contract allows and/or obligates it to use Your PII in a commercially reasonable manner consistent with applicable laws, and such PII is used to deliver targeted promotions, advertisements and opportunities that may be of interest to You;
3. the transfer or disclosure is necessary: (a) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process or request from a local, state or federal government or administrative agency received by BIM, whether or not a response is required by applicable law; (b) to protect Our rights; (c) to protect the safety of members of the public and users of the Service; or (d) to properly operate, maintain or provide the Site or Services.
4. we do so in connection with a sale of some or all of BIM assets or the merger or reorganization of BIM's business (including in the event that We sell or buy any business or assets, in which case We may disclose Your PII to the prospective seller or buyer of such business or assets); or
5. such third party is involved in processing payments for or otherwise involved delivery of the Services that You have obtained or purchased from BIM.
BIM attempts to work only with reputable partners whom We believe maintain high standards with respect to privacy and consumer rights. All third parties we share your information with either subscribe to or are subject to the European Union's Directive on Data Protection or have entered into a written agreement with us that provide for at least the same level of privacy protection as is required by the United States Department of Commerce's Safe Harbor Privacy Principles.
If You would like to report any concerns or problems with one of Our partners, please email Our customer Service department at support@chawt.com.
Our Location and Users Located Outside the United States of America
Our Service is offered through the use of computers (servers) located in Singapore. Additional physical locations may be added without further notice to You.
We obey all laws and regulations in the United States applicable to Our collection, use, protection, transfer and disclosure of Your information. BIM adheres to the US Safe Harbor privacy principles. For more information about the Safe Harbor framework or Our registration, see the Department of Commerce's web site.
We make commercially reasonable efforts to protect the personal information of all Our customers and other users of Our Services. We attempt to comply with all local data protection and consumer rights laws to the extent they do not conflict with the laws of the United States of America. If You are unsure whether this privacy policy is in conflict with the applicable local rules where You are located, You should not submit Your personal information to BIM. YOU SHOULD NOTE THAT YOUR INFORMATION WILL BE TRANSMITTED AND TRANSFERRED TO AND FROM ALL THE LOCATIONS WHERE OUR SERVERS ARE LOCATED. THIS MEANS YOUR PII WILL BE TRANSMITTED TO A COUNTRY OTHER THEN THE ONE IN WHICH YOU RESIDE AND THE LAWS OF WHICH MAY BE DEEMED BY THE EUROPEAN UNION TO HAVE INADEQUATE DATA PROTECTION (see, for example, the European Union Directive aka 95/46/EC of the European Parliament and of the Council of 24 October 1995, a copy of which can be found in twenty different languages here).
Consent to Data Transfer Outside Your Country
You hereby consent to the general use of such information as provided in this Privacy Policy and the Terms to the export/transfer/transmission of that information to and/or storage of the information to BIM to the multiple locations and countries described above.
Choice: Your Right to Opt-out
If You do not want BIM to share any of Your PII with a third party for any direct marketing purposes, You may opt-out of such disclosures by emailing Us at support@chawt.com.
However, We are not responsible for removing Your PII from the lists of any third party who has previously been provided Your PII in accordance with this policy. Since BIM must use Your PII in order to provide You with BIM Services, You cannot opt-out of all uses of their PII unless You cancel Our Service. Once Your PII has been provided to a third party BIM cannot retract said provision or otherwise recover said PII, but BIM will cease any further provision of additional PII to said third parties upon Your request.
BIM may also send You newsletters, emails and other materials that We think You may be interested in. If You would like to opt out of these materials, You may do so by following the directions provided in the communication sent to You or by going to your Account Profile Page, where You can reconfigure Your preferences and opt out of receiving such communications from Us.
You may not opt out from receiving communications regarding technical or Service updates, modifications to this Privacy Policy or the Services or billing information.
Children's Privacy Policy
We are dedicated to protecting your child's privacy and handling any personal information we obtain about them with care and respect.
We do not directly solicit or sell any of Our products or Services to children under 13 years of age.
BIM does not knowingly solicit or collect PII from children or teenagers under the age of eighteen. If You believe that a minor has disclosed PII to BIM, please email us at support@chawt.com.
Security: Safeguarding Your Information
We use commercially reasonable precautions and industry standard physical, electronic and procedural security measures and confidentiality practices to protect Your information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
All of Our user's accounts are secured by Your passwords
All of Your information is stored on Our (including our contracted technology services providers') databases within our control.
We continually assess new technology and storage systems for protecting information and upgrade Our systems when appropriate. Our employees, contractors and agents are required to protect the confidentiality of Your information in compliance with Our established policies, and We endeavor to restrict access to nonpublic personal information to only Our employees, contractors and agents who have a valid business reason for access (i.e. customer service personnel, technical staff, etc.).
We shall maintain your PII for a period of twenty four (24) months, following the termination or cancellation of the Terms or this Privacy Policy and may thereafter, in our sole discretion, delete your profile and dispose of all or any portion of your PII at our convenience.
No system or Service, however, can give a 100% guaranty of security, especially a Service that relies upon the Internet and the public airwaves for wireless communications. Therefore, please note that we cannot guarantee the security of Your information. Unauthorized entry or use, hardware or software failure, and many other factors may compromise the security of Your information at any time. As such, You assume this risk when using Our Services.
Access to Account Information
You are solely responsible for ensuring all information You submit to Us is reliable, current, complete and accurate.
Enforcement:
Employees and Contractors who violate Our privacy policies are subject to Our normal disciplinary process or contractual claims, including but not limited to termination.
Changes to policy
This version of Our policy, has been updated as of the date set forth above, replaces any previous notices or statements from BIM on the same subject matter.
We reserve the right, at Our discretion, to from time-to-time change, modify, add, or remove portions from this policy at any time by posting such changes here. If We make any minor change to Our privacy policy, We will post those changes on Our Site. However, if We are going to use Your PII in a significantly different manner from that stated at the time of collection, We will notify You either via email, text message or by placing a prominent notice on Our Site for thirty (30) days.You should review this policy regularly for changes, and can easily see if changes have been made by checking the Effective Date above.
Your continued use of Our Site or Services following said posting of such changes or the receipt of said notice of any changes means you accept such changes and will bind you to the modified privacy policy.
If you do not wish to accept said changes to this Privacy Policy or be subject to the privacy practices as modified, You must cancel/terminate your Customer relationship with us or alternatively, to the extent possible, opt out of said objectionable practice
Communications
You should be aware that any PII which You voluntarily include and transmit through publicly accessible forums (i.e., such as chat rooms, blogs, instant messages, listservs) may be viewed and used by anyone with access to such forums. BIM is unable to control such uses of Your PII, and by using such Services You assume the risk that the PII provided by You may be viewed and used by third parties.
Measures You Must Take to Protect Your Own Privacy
Should You login to BIM, make sure you sign out or close Your browser once You have finished with any online activity. This is to ensure that others cannot access Your personal information.
If You share a Device with someone or are using a Device in a public/semi-public environment such as an internet café, educational institution, library, etc. You as an individual are responsible for the security of and access to Your Device and therefore Your account.
You are solely responsible for maintaining the secrecy of Your username and passwords and any other account information. Please be careful and responsible whenever You are using the Internet and BIM.
Third Party Web Sites and Services
Our Service may contain links to other web sites and Services not maintained by BIM. In addition, other web sites and services may also reference or link to BIM. If You follow a link to any of these third party web sites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. We encourage You to be aware when You leave Our Service, or surf the Internet, and to read the privacy statements of each and every web site and Service that You visit before You submit any PII to these websites. We do not endorse, screen or approve, and are not responsible for the privacy practices or the content of, such other web sites and Services.
This Privacy Policy applies solely to information collected by BIM through Our Site and Services.
BIM does not assume any liability for third parties that have been provided with information as permitted by this Privacy Policy or who have collected information as permitted by this Privacy Policy (such as advertisers using third party cookies).
Questions
If You wish to have a question answered regarding the Site, our Services or this Privacy Policy or you wish to have a privacy concern investigated, email Us your questions at support@chawt.com.
Emails and SMS Messages
By registering for a BIM account, you agree that we may send you the following types of email communications: welcome emails, account status updates and promotional content.
Our Services feature the distribution of content to your cellular phone, and by registering for a BIM account, you agree to receive SMS messages to your phone, including messages regarding Services you request, account status updates, and occasional promotional offers. You may opt out of our SMS promotions by sending an email to support@chawt.com.