January 31, 2008
Mo'Blast, Inc. (Mo'Blast) recognizes that its customers, visitors, users, and others who use websites and services owned or operated by Mo'Blast includsing but not limited to OpenLandmark (the "Mo'Blast Services")(collectively or individually "Users") value their privacy. This Privacy Policy details important information regarding the use and disclosure of User information collected on or through OpenLandmark and related Mo'Blast Services. Mo'Blast provides this Privacy Policy to help you make an informed decision about whether to use or continue using these Services.
This Privacy Notice is incorporated into and is subject to the OpenLandmark Terms of Service Agreement. Your use of OpenLandmark and related the Mo'Blast Services and any personal information you provide on or through OpenLandmark and related Mo'Blast Services remains subject to the terms of this Privacy Policy and the Terms of Service Agreement.
Information Collection and Use By Mo'Blast.
When you register to use OpenLandmark, we ask you to provide certain personal information, as well as additional information described below. We will not collect or use personal information for purposes other than those described in this Policy unless we have obtained your prior consent. If we propose to use personal information for any purposes other than those described in this Policy, we will offer you an effective way to opt out of the use of personal information for those other purposes.
You can decline to submit personal information to any of our services, in which case Mo'Blast may not be able to provide those services to you.
Please note that any video, image, audio file or other content posted at the direction of Users onto OpenLandmark or other Mo'Blast Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
Please note that in order to use certain features of the Mo'Blast Services, such as allowing friends to track you, you may need to share certain personal information with other Users (such as your email address or mobile phone number). You should not share any personal information with any person who is not known to and trusted by you. Mo'Blast assumes no responsibility or liability for information shared by you with other Users or for the consequences of your sharing of such information.
Personal Information: When you sign up for an account to use OpenLandmark, we ask you for certain personal information (such as your name, email, password, and security question) and for your preferences (such as preferred language and metropolis). For certain services, we also request other information, such as your mobile phone number for community services. You may also optionally provide us with additional personal information in your account profile, such as your country and time zone. We use this information to provide you with a better experience and to improve the quality of the Mo'Blast Services. We do not use your email address, mobile phone number or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes to the Mo'Blast Services or for customer service purposes).
Location Information: When you use OpenLandmark, you may set your presence location or define the geospatial radar to denote the area where you want to search for information. We store this information and use it to take you back to that location to provide you with a better experience when you sign on again. We also use this information to strengthen a User's reputation based on the User's presence at the location.
Anonymous Identity Information: For our services, we provide an option for you to change your identity, such as your screen name, copyright name, post comment name, presence tracking name, and social networking name. This allows you to use different names in different contexts to protect your identity. We default all identities to your unique sign-on ID. You may change these identities on the settings page.
Forum and User Communication: When you send email or other communications to Mo'Blast, or send feedback to our forum, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
User Content, Comments and Information: Any personal information or content (such as annotations, photos, videos, audios, etc.) that you voluntarily disclose on or through the OpenLandmark or related Mo'Blast Services becomes publicly available and can be accessed and used by others. Your anonymous identity for the particular service (but not your unique account ID, email address, or mobile number) is displayed to other Users when you post comments or send messages through the Mo'Blast Services, and other Users can contact you via these anonymous identities through messages and comments.
User Rating, Vote, Bookmark and Tags: When you rate, vote or bookmark any content on or through OpenLandmark or related Mo'Blast Services, we log and store your ratings, votes, bookmarks and tags to allow you to change your ratings, votes, bookmarks and tags at a later date. We aggregate this information in a non-personally-identifiable manner to rank the popularity of the content.
Cookies, Log Files and Clear GIFs: When you use OpenLandmark, we send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to enhance the performance of the sites by storing user credentials and tracking User preferences. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Mo'Blast features and services may not function properly if your cookies are disabled.
In addition, when you use OpenLandmark, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
When you use OpenLandmark, we may employ "clear GIFs" (also known as "Web Beacons") which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear GIFs in HTML-based emails sent to our Users to track which emails are opened by recipients.
We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use OpenLandmark; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
User Preferences and Trends Information: We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Mo'Blast Services and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
Location of Servers Where Personal information Is Stored: Mo'Blast processes personal information on our servers in the United States of America and in other countries. In some cases, we may process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.
Mo'Blast only processes personal information for the purposes described in this Privacy Policy and/or the applicable privacy notice (if any) for other Mo'Blast services. In addition to the above, such purposes include: (a) providing our products and services to Users, including the display of customized content and advertising; (b) auditing, research and analysis in order to maintain, protect and improve our services; (c) ensuring the technical functioning of our network; and (d) developing new services.
Information Sharing
We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
We do share non-personally-identifiable information (such as anonymous User usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality of the Mo'Blast Services.
We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or to respond to a court order, subpoena, or search warrant.
Mo'Blast also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Mo'Blast believes, in good faith, is appropriate or necessary to enforce our Terms of Service Agreement, to take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our websites and services, and to protect the rights, property, or personal safety of Mo'Blast, our Users or others.
Third-party Advertisers, Links to Other Sites
Mo'Blast allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Mo'Blast Services. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Mo'Blast Services. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
Mo'Blast 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 or opt-out.
However, please note that if an advertiser asks Mo'Blast to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, college students or in a particular college) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Mo'Blast Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This privacy policy does not apply to, and we cannot control the activities of, such other advertisers or websites.
Users may also post links to other sites on or through the Mo'Blast Services. Mo'Blast is not responsible for the privacy policies and/or practices on other sites. When linking to (or using a link to visit) another site, you should read the privacy policy stated on that site. Our privacy policy only governs information collected on or through Mo'Blast Services.
Data Integrity
Mo'Blast processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our Users to update or correct their personal information whenever necessary.
Accessing and Updating Personal Information
You may update or correct your personal profile information and email preferences at any time by visiting your account settings page. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you account access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
We make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Data Security
Mo'Blast uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Mo'Blast and you do so at your own risk. Once we receive your transmission of information, Mo'Blast makes commercially reasonable efforts to ensure the security of our systems. However, 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.
If Mo'Blast learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Mo'Blast may post a notice on the OpenLandmark or other Mo'Blast websites 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 (or to withdraw your consent from receiving electronic notice) you should notify us by sending an email to legal@moblast.com.
Childrens' Privacy
Mo'Blast does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information from persons under 13 years of age, and no part of our websites or services are directed to persons under 13. If you are under 13 years of age, then please do not use OpenLandmark or any other Mo'Blast Services at any time or in any manner. If Mo'Blast learns that personally identifiable information of persons under 13 years of age has been collected on or through OpenLandmark or other Mo'Blast Services without verified parental consent, then Mo'Blast will take the appropriate steps to delete this information.
Special Note for International Users
The Mo'Blast Services are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Mo'Blast Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Mo'Blast Services, which are governed by U.S. law, this Privacy Policy, and our Terms of Service Agreement, you are transferring your personal information to the United States and you consent to that transfer.
In the Event of Merger, Sale, or Bankruptcy
In the event that Mo'Blast is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and Updates to this Privacy Policy
This Privacy Policy may be revised periodically and this will be reflected by the "effective date" above. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received the personal information you provided. Your continued use of the Mo'Blast Services constitutes your agreement to this Privacy Policy and any future revisions.
For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
Enforcement
Mo'Blast regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or Mo'Blast's treatment of personal information by contacting us through this website. When we receive complaints, it is Mo'Blast's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Mo'Blast and an individual.