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 We try to protect our customer's privacy with the highest level of consideration |
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| TouchMobile Privacy Policy |
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By visiting, using and/or submitting information to TouchMobile.com, you are accepting the practices described in this Privacy Policy and the terms and conditions of TouchMobile.com's Terms of Use and Service Agreement (the "Terms of Use"). |
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 ACCESS AND USE OF TouchMobile.com |
You represent that you are of legal age to agree to the terms and conditions set forth in this Privacy Policy, or you are at least 13 years of age and have your parent's permission to access and use TouchMobile.com and to register to use the Company's Services (as defined below). Neither TouchMobile.com nor the Services are intended to be used by, and are not directed to, children under 13 years of age. TouchMobile.com does not ask visitors to TouchMobile.com or registering users to provide age information, and for this reason, the Company will treat all visitors and registered users the same and shall not be responsible for ensuring that parental consent has been obtained. |
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| COLLECTION OF PERSONAL INFORMATION |
In order to provide you with SMS content you may provide us with certain personal information, such as your name, postal address, phone number, mobile phone number, email address, information regarding your personal interests and preferences, date of service, and demographic and usage information. You acknowledge and agree that the Company may collect and process such personal information in connection with the Service. You further acknowledge and agree that the Company may transfer your personal information outside of your country for storage and processing. |
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| CHANGE OF PERSONAL INFORMATION/REGISTRATION DATA |
You may request a change to your personal information or Registration Data (as the term is defined in the Terms of Use), by contacting the Company at master@TouchMobile.com (please include in the Subject line the words "Change in Registration Data") or at TouchMobile.com. Pursuant to the Terms of Use, it is your responsibility to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. |
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| USE OF PERSONAL INFORMATION |
The Company uses your personal information to improve and customize the advertising and content you see on the Company's websites, to fulfill your requests for certain products and services, and, if you permit us, to contact you about special offers and new products. Your personal information may also be aggregated and used by the Company for market research, project planning, troubleshooting problems, detecting and protecting against error, fraud or other criminal activity, to enforce the Company's Terms of Use, for other internal purposes, and as otherwise described to you at the time of collection. The Company will obtain your consent for any use of your personal information beyond the original uses for which you provided your consent.
You agree that the Company may use personal information about you to improve the Company's marketing and promotional efforts, analyze site usage, improve the Company's content and product offerings, customize TouchMobile.com's content, layout, and services, and as otherwise set forth in this Privacy Policy. You also agree that the Company may use your personal information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of TouchMobile.com. By accepting the Terms of Use and this Privacy Policy, you expressly agree to receive this information.
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| DISCLOSURE OF PERSONAL INFORMATION |
Absent your prior consent, the Company does not currently share your personal information with any unrelated third parties. Additionally, the Company does not permit unrelated third parties to perform "reverse searches" whereby they could identify users from e-mail addresses. The Company does, however, share some of your personal information with its affiliates, and you authorize the Company and its affiliates to use your personal information in connection with any wireless, text message, wap push, online or off-line offering or any electronic mail offerings or campaigns. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide the Company's Services: Advertisers:
The Company may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, the Company does not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are not disclosed to these third parties in a personally identifiable manner without your explicit consent.
External Service Providers:
There are a number of separate services offered by third parties that the Company refers to as external service providers that may be complementary to your use of TouchMobile.com. If you choose to use these separate services, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policy. The Company does not disclose your personally identifiable information to external service providers unless you provide your explicit consent. With your consent, the Company may provide some of your personal information to the external service provider offering such services, for your convenience. To prevent the Company's disclosure of your personally identifiable information to an external service provider, you can decline such consent or simply not use their services. Because the Company does not control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. Notwithstanding the foregoing, the Company may disclose your personal information to your mobile phone service provider to secure collection of fees.
Internal Service Providers:
The Company may use third parties that the Company refers to as internal service providers to facilitate or outsource one or more aspects of the Company's business, product and service operations that the Company provided to you and, therefore, the Company may provide some of your personal information directly to these internal service providers. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information the Company provides them for any other purpose except to facilitate the specific outsourced Company related operation, unless you have explicitly agreed or given your prior permission to them for additional uses. In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.
Notwithstanding the foregoing, the Company reserves the right (and you authorize the Company) to share or disclose your personal information, including, without limitation, any content, records or electronic communications of any kind, when the Company determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if: |
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You are or may be violating this Privacy Policy or
the Terms of Use; |
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You are interfering with another's rights or property,
including, without limitation, the Company's rights or property; |
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You are violating any applicable law, rule or regulation; |
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necessary or required by any applicable law,
rule or regulation; and/or |
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requested by authorities in the event of any act of terrorism or
instance of local, regional or national emergency. |
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| In addition, due to the existing regulatory environment, the Company cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), the Company may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although the Company uses industry standard practices to protect your privacy, the Company does not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. |
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| NEWSLETTER |
The Company maintains a strict "no-spam" policy. TouchMobile.com fully complies with ANTI-SPAM regulations. If you register at TouchMobile.com, you will receive the Company's e-mail newsletter and special offer via SMS, unless you have requested otherwise at the time of registration or as set forth below.
You may unsubscribe from the Company's electronic newsletters at any time by following the instructions contained at the end of every newsletter. While all efforts are made to insure this information is viewable in all email browsers, there may be cases where certain email browsers do not display the unsubscribe information correctly. If you are having problems unsubscribing please forward the entire newsletter to master@TouchMobile.com, with the word UNSUBSCRIBE in the Subject line and you will be removed within 7 business days. Please note that direct replies to any newsletter are processed by computer and are not viewed by a human.
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| Cookies |
"Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored by your web browser on your computer's hard drive. The Company and third party advertisers may set and access cookies on your computer to track and store preferential information about you. The Company and third party advertisers gather anonymous information about its users through cookie technology on an aggregate level only. Such aggregated information is used within the Company's internal organization and is shared with third party advertisers. |
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| SECURITY |
Personal information you submit to the Company is password protected for your privacy and security. In certain areas, the Company uses industry-standards SSL-encryption to protect data transmissions. In the unlikely event that an unauthorized third party compromises the Company's security measures, the Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information. |
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| LINKS TO OTHER WEBSITES |
TouchMobile.com may include links to third party websites. Such links are not an endorsement by the Company of those websites and/or the products or services offered there. Third party websites may have different privacy policies, and the Company is not responsible for the privacy practices of those third party websites. If you click on a link to a third party website, the Company encourages you to check the privacy policy of that website, as it may differ substantially from that of this Privacy Policy. The Company makes no representations or warranties, nor is the Company responsible for, the privacy policies of any websites outside TouchMobile.com. If you decide to access any third party links appearing on TouchMobile.com, you do so at your own risk.
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| TRANSMISSIONS, SUBMISSIONS AND POSTINGS TO TouchMobile.com |
The Company welcomes the submission of comments, information or feedback through this site. However, as set forth in detail in the Terms of Use, the Company does not want to receive certain kinds of information from you, including any confidential or proprietary information, without prior written consent of the Company. Although the Company does not regularly review your transmissions, submissions or postings, the Company reserves the right (but not the obligation), at its sole discretion and at any time, to edit, refuse to post or remove your transmissions, submissions or postings. You hereby acknowledge and agree that the Company may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Privacy Policy and the Terms of Use, and that the Company shall have the unrestricted right to use such information for any purpose and without compensation to you. |
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| CHANGES TO THIS PRIVACY POLICY |
The Company reserves the right to update, amend and/or change this Privacy Policy at any time in its sole discretion and without notice. Updates to this Privacy Policy will be posted here. Any information the Company collects from you online is subject only to the Company's most current Privacy Policy. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. The Company's last update was [INSERT DATE]. Your continued access and use of TouchMobile.com following the posting of any such changes shall automatically be deemed your acceptance of the same. |
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| QUESTIONS OR CONCERNS |
If you have questions, comments, concerns or feedback regarding this Privacy Policy, send an email to master@TouchMobile.com. |
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| Governing Law: Arbitration |
This Privacy Policy is to be governed by and construed in accordance with the internal laws of the State of CALIFORNIA, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Los Angeles County, California. The arbitrator shall be selected by you and the Company, and if you and the Company are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the Company. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and the Company, and your and the Company's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or the Company be entitled to punitive, special, indirect or consequential damages, and both you and the Company hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business. The jurisdiction and venue for any action brought for purposes of compelling arbitration or enforcing an arbitration award arising from, under or connected with this Privacy Policy shall be exclusively in the state and/or federal courts in and for Los Angeles County, California, and each party hereby waives any objection to such jurisdiction and venue based upon forum non conveniens or otherwise.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
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| Miscellaneous |
If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.
The headings contained in this Privacy Policy are for convenience of reference only, are not to be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Privacy Policy.
All covenants, agreements, representations and warranties made in this Privacy Policy, as may be amended by the Company from time to time, shall survive your acceptance of this Privacy Policy and the termination of this Privacy Policy.
This Privacy Policy, the Terms of Use and any additional Service terms and conditions made available to you by the Company, each as amended from time to time, represent the entire understanding and agreement between you and the Company regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
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