Mobile Spinach Privacy Policy

Last Updated: January 29, 2011


Mobile Spinach Privacy Policy


Overview

This Privacy Policy describes how Mobile Spinach treats information that it collects and receives related to your use of Mobile Spinach’s products, services, and website. Our primary goal in collecting information is to provide and improve our products and services.  All capitalized terms used but not defined herein shall have the meanings as defined in the Mobile Spinach Terms and Conditions, unless otherwise provided.


Mobile Spinach processes personal information on our servers in the United States of America. We 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.


IMPORTANT DISCLOSURES AND CONSENTS:


Unlimited data and messaging plans are recommended for the Mobile Spinach Services. 


For some services, Mobile Spinach requires the use of SMS Messages. Standard data and messaging charges and taxes from your carrier apply.

By using the Service, you have consented to: (1) receive SMS Messages and emails; and (2) pay carrier data, messaging, and other fees resulting from Mobile Spinach usage.


Please note that any personal information you voluntarily disclose online becomes publicly available and can be read, collected, and used by others and could be used to send you unsolicited messages. Mobile Spinach is not responsible for the information that you choose to disclose publicly on or through the Mobile Spinach Services.


Information Mobile Spinach Collects and Uses

Mobile Spinach collects information when you establish and use a Mobile Spinach Account for use with the Service through the Mobile Spinach website or another method. The information collected includes Personal Information, Message Data, and Traffic Data (collectively, “Customer Information”). “Personal Information” is information about you that is personally identifiable, like your full name, address, email address, billing information (if applicable), passwords, home and business addresses, phone numbers, and information that is not otherwise publicly available. “Message Data” includes the SMS Messages or emails sent and received using the Service and related information, and your account activity, such as log-in times and message storage capacity. “Traffic Data” is anonymous information about the nature of your usage of Mobile Spinach’s website and products and the Service and can include: IP addresses, UDID or other device id, domain servers, referring/exit pages, operating system, date/time stamp, clickstream data, type of computer or mobile phone, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information.


Information Sharing and Disclosure

Mobile Spinach uses Customer Information to enhance your use of the Service by processing such information for various purposes, including providing information to you about Mobile Spinach’s products and services, formatting and displaying elements of Message Data to you and to those whom you send messages, delivering advertisements and related links, storing your messages, and other purposes relating to offering you Mobile Spinach products and services. 


Mobile Spinach is  not in the business of renting or selling Customer Information, but we do share Customer Information with third parties when we have your express consent and in in connection with the development, operation, and promotion of our business, such as in following circumstances:


(i) Mobile Spinach may engage a trusted third party to perform limited functions on our behalf, such as fulfilling newsletter subscriptions, sending requested postal mail and email and SMS communications, analyzing and processing data (such as billing information), and providing customer service. We require that these parties agree to use such information in a confidential manner and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may have access to Personal Information needed to perform their functions, but we do not permit them to use it for other purposes.


(ii) Mobile Spinach may share Customer Information with Merchants and third party transaction processors in connection with your purchases and redemption of of Vouchers.


(iii) Mobile Spinach may share with third parties certain aggregated, non-personal information and Traffic Data, but such information does not identify you individually.


(iv) Mobile Spinach does not share any Message Data with any third party, except that certain Message Data, such as a contact name and message subject header, may be included in messages you send using the Service.


(v) Mobile Spinach may share Customer Information when it believes it is legally required to do so or is otherwise compelled, at the request of governmental authorities conducting an investigation.


(vi) Mobile Spinach may share Customer Information to verify or enforce compliance with user agreements and applicable laws, to protect against fraud, to detect and prevent security or technical issues, to protect against misuse or unauthorized use of the Mobile Spinach Service or website, or to protect against imminent harm to the rights, property or safety of Mobile Spinach, its subscribers or the public as required or permitted by law.


(vii) Mobile Spinach may share Customer Information with a successor entity or in connection with a corporate merger, consolidation, sale of assets or other corporate reorganization provided that use of Customer Information is in compliance with this Privacy Policy.


(viii) Mobile Spinach may share your Customer Information with a third party if you have consented to receive information from that third party through registration from a co-branded version of the Mobile Spinach service operated with a third party or through a communication or promotional program of a third party that is enabled by the Service. Such third parties will handle, store, retain and access such user information in accordance with the terms and conditions of their agreements with you, if any, as well as their own privacy policies. It is your responsibility to carefully review such agreements and privacy policies. You acknowledge that Mobile Spinach shall have no liability to you for sharing of such information to such third parties and Mobile Spinach disclaims any and all liability relating thereto. If Mobile Spinach desires to use Personal Information for any purposes other than those described in this Privacy Policy, we will offer you the opportunity to opt out of such use for those other purposes. 


Cookies

When you visit Mobile Spinach, we may send cookies to your computer that uniquely identify your browser. We use cookies to improve the quality of our service by storing user preferences and tracking usage information. Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer. If you disable cookies, you may not be able to utilize certain Mobile Spinach products and services.


Security and Data Integrity

Mobile Spinach uses certain physical, managerial, and technical safeguards to protect our systems. We cannot, however, ensure or warrant the security of any information that Mobile Spinach receives on your behalf to operate the Mobile Spinach Services or that you transmit to Mobile Spinach and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.


If Mobile Spinach learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Mobile Spinach may post a notice on the Mobile Spinach website 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.


Children's Personal Information

Mobile Spinach does not knowingly collect Personal Information from children under the age of 13 through the Mobile Spinach website. In addition, in the event that a user identifies himself or herself as a child under the age of 13 within the Mobile Spinach website, Mobile Spinach will not collect, store or use any Personal Information of such user. Further, in the event that Mobile Spinach receives Personal Information that Mobile Spinach discovers was provided by a child under the age of 13, Mobile Spinach will promptly delete such Personal Information in a secure manner.


Links to Third Party Sites

As a convenience to you, we may provide links to third-party web sites from within our website or our products or services. Mobile Spinach is not responsible for the privacy practices or content of these third-party sites.


Access/Removal of Your Personal Information

If you want us to remove your Personal Information from our database, or would like to access the information that was collected from you, you can access your information through your account or can unsubscribe from the Mobile Spinach service at www.mobilespinach.com/about/contact/ or you can contact us using the contact information provided above. If you do not have an Internet-based account, we offer you the opportunity to opt out from receiving applicable content from third party offers previously through telephonic procedures offered through our Service.  Please note that while Customer Information may be removed from active user databases, copies may be kept for archive and backup purposes, as well as for fraud prevention purposes.


Modifications of Privacy Policy

Mobile Spinach reserves the right, in accordance with the “Modifications” provision of the Mobile Spinach Terms and Conditions, to change, update or modify this Privacy Policy at any time on a going forward basis by posting such change, update or modification on the Mobile Spinach website.  Any such change, update or modification will take effect as set forth in the Terms and Conditions. Please check this policy periodically for changes. Your continued use of the Mobile Spinach website and/or the Service following the posting of changes will mean you accept those changes. Unless you expressly consent otherwise, use of information that we gather is subject to the Privacy Policy in effect at the time of use.


Contact Us

If you have any questions or concerns regarding this Privacy Policy, please send us an email at  HYPERLINK "mailto:support@mobilespinach.com" support@mobilespinach.com or write to us at:


Mobile Spinach, Inc.

Attention: Customer Support

1710 South Amphlett Blvd., Suite 200

San Mateo, CA 94402


 If we receive formal privacy-related complaints, it is our policy to use reasonable efforts to communicate with the complaining party about its concerns, and we will cooperate with appropriate authorities, including European Data Protection Authorities, if we cannot resolve privacy complaints.