SENDME, INC. PRIVACY POLICY

Effective 02/08/2012

SendMe, Inc. and its subsidiaries (including ThumbplayRingtones LLC and SnakMedia LLC) (collectively "SendMe" "we" or "us") are committed to protecting your privacy and providing you with an enjoyable experience when using our online properties and mobile applications (the "Services"). Our Services include each of the following websites (the "Sites"): www.sendmemobile.com, www.wt411.com, www.solow.com, www.low1wins.com, www.mstyle.net, classic.thumbplay.com, www.ringaza.com and www.ringnrock.com. This Privacy Policy applies only to information provided to or collected by SendMe on the Services where this Privacy Policy is posted or made available by SendMe.

SendMe has been awarded TRUSTe's Privacy Seal signifying that this Privacy Policy and our practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's certification covers the information collection and use practices for the Service where this Privacy Policy is posted or through which the policy is made available by SendMe. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at legal@sendme.com. If you are not satisfied with our response you can contact TRUSTe here.

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Services prior to the material changes taking effect. You are advised to consult this policy regularly for any changes.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

This Privacy Policy includes the following sections:

  • Information Collection and Use
  • Cookies and Other Technologies
  • Information Sharing and Disclosure
  • Changing or Deleting Your Information & Data Retention
  • Security
  • Phishing
  • Your California Privacy Rights
  • International Transfer
  • Links to Third Party Services and Other Websites
  • Our Policy Toward Children
  • Contacting Us

 

Information Collection and Use


Our primary goals in collecting information are to provide and improve our Services, features and content, to administer your use of the Services and to enable users to enjoy and easily navigate our Sites.

Personally Identifiable Information.

  • In the course of using our Services, we will ask you to provide us with certain personally identifiable information. For example, in connection with your registration with one of our Services or when you choose to make a purchase via our Services. As used herein, "Personal Information" means information that can be used to contact or identify you. Personal Information includes, but is not limited to, your name, mobile phone number, email address, billing address, and credit card information.
  • In some instances you may access and/or register to use our Services through a social networking or other third party website or platform (each a "Third Party Service") (e.g., Facebook). In these instances, when you access the Services via a Third Party Service, we will obtain the Personal Information you have provided to the Third Party Service (such as your "real" name and email address) from the account you have established with the applicable Third Party Service; please note that the information that we obtain may depend on the privacy settings you have with the Third Party Service. You hereby consent to SendMe's access to and collection of such Personal Information about you. We will use the information obtained from your Third Party Service account to create your account with us and to link your account to your Third Party Service account. Other than what we may share with the Third Party Service as described below under the section "Information Sharing and Disclosure", the Personal Information a Third Party Service has about you is obtained by the Third Party Service independent of our Services. Other services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other services you use.
  • We also collect the other information that you provide as part of registration and the administration and personalization of your use of the Services (e.g., without limitation, gender, birthday, zip code (on its own) and individual preferences) ("Non-Identifying Information"). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Services, complete your transactions, and administer your inquiries.
  • Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other SendMe Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Sites and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
  • We also use your Personal Information to contact you via email with newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "user preferences" information. (See "Changing or Deleting Information & Data Retention" below.)
  • If you are using one of our Services that feature distribution of content to your mobile phone like SendMe Mobile or Thumbplay Tones, by becoming a registered user of any of those Services, you consent to receipt of text messages (e.g., SMS or MMS format) to your phone, including messages regarding the services which you have requested, account status updates, and occasional newsletters.
  • If you are a registered user of our Thumbplay Tones, RingNRock and Ringaza Services, you will also have the opportunity to opt-in to receive surveys and promotional content by our affiliates. You may opt-out of our text message newsletter by: (i) sending an email to support@thumbplaytones.com in the case of the Thumbplay Tones service, (ii) sending an email to support@ringnrock.com in the case of the RingNRock service, or (iii) sending an email to support@ringaza.com in the case of the Ringaza service, or (iv) responding to the SMS newsletter indicating that you would like to unsubscribe.

 

Log Data. When you visit our Services, whether as a registered user or a non-registered user just browsing (any of these, a "SendMe User"), our servers automatically record information that your browser sends whenever you visit a website or online service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, mobile device type, browser type, browser language, platform type or the webpage you were visiting before you came to our Sites, pages of our Sites that you visit, the time spent on those pages, information you search for on our Services, access times and dates, and other statistics. We use this information to monitor and analyze use of the Services and for the Services' technical administration, to increase our Services' functionality and user-friendliness, and to better tailor our Services to our visitors' needs. For example, some of this information is collected so that when you visit the Services again, the particular Service will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to our Services meet the criteria required to process their requests.

Cookies & Other Technologies

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Services. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by SendMe Users and web traffic routing on the Sites. Unlike persistent cookies, session cookies are deleted from your computer when you log off a website and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Services or all their functionality.

We may also use "pixel tags," "web beacons," "clear GIFs" or similar means (individually or collectively "Web Beacons") in connection with the Services to collect usage, demographic and geographical location data. A Web Beacon is an electronic image, often a single pixel, embedded on web pages. Web Beacons are not ordinarily visible to users. Web Beacons allow us to count users who have visited certain pages of the Sites, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns.

Information Sharing and Disclosure

Aggregate Information and Non-Identifying Information. We may share aggregated information that includes your Personal Information, Non-Identifying Information and Log Data with third parties for industry analysis and demographic profiling and to deliver targeted advertising about other products and services.

Service Providers. We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Sites-related services (e.g., without limitation, maintenance services, payment processing, database management, web analytics and improvement of the Services' features) or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Third Party Services. We may share the information in your account (including your Personal Information) with the Third Party Service that you have linked to your account (e.g., Facebook (as further described below)). These third parties have access to your Personal Information only for this purpose (unless they have received your Personal Information independently of the Services) and are obligated not to disclose or use it for any other purpose.

Facebook Connect. Certain of our Services allow users to create an account and login to the Services using their Facebook account credentials through Facebook Connect. Creating an account for the first time through Facebook Connect will prompt users to merge their account and their Facebook account. By using Facebook Connect, you are allowing SendMe to access your Facebook account information and you are agreeing to the Facebook Terms of Use in your use of the Services via Facebook. If you are not currently a registered user of our Services and you click on "Sign in Using Facebook," you will first be asked to enter your Facebook credentials and then be given the option to register and join our Services. We allow users to automatically post recent activity back to Facebook, and give them the option to disable Facebook Connect at any time by logging into their profile and selecting the option to disable Facebook Connect. Further, you can edit your privacy settings for the reviews that appear on Facebook or disconnect this service by adjusting the privacy settings through your profile page.

Compliance with Laws and Law Enforcement. SendMe cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of SendMe or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers. SendMe may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information & Data Retention

Except for registered users of the RingNRock service, all registered users of our Services may review, update or correct the Personal Information in their account by updating this information in their "user preferences" associated with their account. For example, registered users of the SendMe Mobile Service may do so via the "My Mobile" feature of that Service, registered users of the Thumbplay Tones Service may do so via the "Your Account & Settings" feature of that Service and registered users of the Ringaza Service may do so via the "My Locker" feature of that Service. Registered users of the RingNRock Service are not able to review, update or correct the Personal Information in their accounts.

If you would like us to delete your Personal Information part of your account in our system, please contact us at help@sendme.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. Deletion of your information will result in termination of your account. We will retain an archived copy of your records to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security

We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on these Sites in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to SendMe. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of the Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident and have provided SendMe with Personal Information within the last year, you may make such a request by emailing us at the following email address with the email's subject titled as "California Privacy Rights": legal@sendme.com.

Within 30 days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for such third parties' direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. A request may be made no more than once per calendar year and we are not required to respond to requests made by means other than through the email address above.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you are located outside the United States and choose to provide information to us, SendMe transfers Personal Information to the United States and processes it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Third Party Services and Other Websites

Our Services may contain links to other websites, services or applications, e.g.:

  • Your account with us will be linked to the applicable Third Party Service.
  • Certain of our Services are accessible via Third Party Services.
  • There may be advertisements served to you within the Services.
  • You may be brought to the website of our third party payment processors.

If you click on another third party link, you will be directed to that third party’s website or online service.  The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices.  We do not exercise control over third party websites or services.  These other third party services may place their own cookies or other files on your computer, collect data or solicit personal information from you.  Other sites follow different rules regarding the use or disclosure of the personal information you submit to them.  We encourage you to read the privacy policies or statements of the other websites and online services you visit. 

Our Policy Toward Children

The Services are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at legal@sendme.com.  If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files. 

Contacting Us

If you have any questions about this Privacy Policy, please contact us at legal@sendme.com or at: SendMe, Inc., 150 Spear Street, 14th Floor, San Francisco, California 94105.