SENDME MOBILE PRIVACY POLICY

Last Revised: 04/02/2008

Welcome to the SendMe Mobile website! We hope you find it to be a fun and useful place to discover and get great stuff for your mobile phone.

How Will We Use Your Information?

Because we understand that you value your privacy and because we know how important it is to respect that privacy, we have published this Privacy Policy to explain how SendMe, Inc. treats information you submit to us via any of our Services (throughout this Privacy Policy we will use the term "Services" to refer to both the SendMeMobile.com network of websites as well as the mobile services that we offer on those sites). Please be sure to read this Privacy Policy carefully before accessing, registering for, or using any of our Services. We refer to SendMe, Inc. as "SendMe", "we" or "us".

What Information Do We Collect?

In order to use some of the features of the Service, you will need to create a user account which requires you to provide us with some personal information. You may create a user account when you first begin use of the Service or when you first place an order through the Service. During the sign up process you will be required to provide certain personal information, such as your cell phone number. We will also periodically request additional optional personal information, such as additional contact and billing information or other information about you. The personal information that you provide us may be given through the Service website or though messages you send to us from your cell phone. In all cases, your personal information will be covered by this Privacy Policy.

Once you sign up with the Service we keep track of how you use the Service, including your use of various elements of the Service and communications with us. This information is an important tool we use in evaluating and improving the Service to make it more fun and useful for our users.

From time to time we may offer contests, sweepstakes, giveaways or surveys through the Service which require users to provide some personal information in order to participate. Participation in these activities is voluntary so you can choose whether or not to give us this information.

The Service may also provide you with features that require specific information to be provided in order to use that feature. For example, we may offer you the ability to sign up to receive newsletters or other alerts to be sent to your email address or cell phone and would ask for that contact information to deliver you the service you requested. We may also receive information about you from other sources and add it to the information you provided to us.

We may offer our users the ability to upload their own information or content to create a personalized web page for other users to see via the Service or as part of other features of the Service. By posting any personal information on or through the Service, you understand and agree that the personal information may be publicly viewable by users of the Service and that we may use it in accordance with this Privacy Policy.

How Do We Use Cookies and Log files?

We use cookies to store preferences you select while visiting our website. These cookies are pieces of information sent by our website to your browser and are stored on your computer's hard drive. For example, by providing a cookie on your hard drive, it is possible for you to return to our website with the same settings you had on a previous visit and if you choose, to store your e-mail address (so you don't have to type it in every time you log in). We use cookies to personalize your experience on the Service, to understand how you use our Service and to tailor content and offers to you when you visit the Service. We may also use cookies to determine how you were referred to the Service. While we do not require cookies in order to use the Service, most users find it very difficult and inconvenient to use the Service with cookies turned off. We do not link the information we store in cookies to any personally identifiable information you submit while on our site.

In addition, like most large websites, we use log files to keep track of overall website information and to improve our website. This includes internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use this information to analyze trends, administer the Service, track how users use the Service, and gather broad demographic information.

Can Children Use the Service?

The Service is not directed to children under the age of 13. You must be at least 13 years of age to sign up for or use the Service and each user who signs up or uses the Service represents to SendMe that they are at least 13 years of age. The Service is available to people at least 13 years of age, but if you are between 13 and 18 years of age, you agree that you have received parental permission to provide personal information to the Service and to order and pay for any products or services through the Service. We do not knowingly collect personal information of anyone under 13.

How Will We Use Your Information?

We use the personal and other information we collect (i) to provide you with the products and services you order; (ii) to deliver any prizes you may win in contests or sweepstakes you choose to enter; (iii) to notify you about new features and services on the Service or other products and services that we think you will find interesting; and (iv) for analytical purposes to help us to improve the Service and for our business generally.

Information We Collect From You

When you sign up with SendMe, Inc, you establish a password-protected personal account for ordering ringtones and downloading services such as ringtones, graphics, games and other items. During the account creation process and/or to place an order, we may request certain contact and billing information (such as your name, a valid email address and your cell phone number). We use this information to provide you with our Services and to contact you about the items in which you have expressed interest.

When you create a SendMe, Inc. account, we keep track of your interactions with us, including but not limited to your site activity, order history, payment history and correspondence. We do this to provide you with better service, for billing and administrative functions, to improve your customer experience and for internal research and reporting purposes.

Will We Share Your Information With Third Parties?

SendMe does not sell, rent or share your personal information with non-affiliated third parties without your prior consent. We do however, share personal information with third party contractors who assist us in providing the Service to you. For example, we may provide your personal information to phone companies in order to ensure that products or services you order are successfully delivered. The third party contractors agree to use the information only to perform the service for us.

Ads that appear on the Service may be delivered to users by a number of advertising partners that may change from time to time. Information about users' visits to the Service, such as the number of times they have viewed an ad (but not user name, address, or other personally identifiable information), may be used to serve ads to users on the Service. We may also disclose personal information if we have a good faith belief that the law requires it (such as in connection with a subpoena, court order etc.), to protect the rights, safety or property of our users, of SendMe or third parties, or if we believe that you have violated this Privacy Policy or the Terms of Service, or if we believe such disclosure will prevent a crime from occurring. We may also transfer personal information to a successor to the Service in connection with a merger, consolidation, asset sale or other corporate change regarding the Service.

Links to Third Party Sites

We may provide links from the Service to other web sites that are not owned or managed by SendMe. Our Privacy Policy does not apply to any of the linked third party web sites. The third party operator of the web site (and not us) is responsible for the information collection, use and disclosure practices of those third party web sites.

Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. 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.

If you have any questions about security on our Web site, you can send email us at legal@sendmemobile.com.

California Privacy Rights

Users of the Service who are residents of California may request certain information regarding our disclosure, if any, of personal information to third parties for purposes of their direct marketing. If you want to make this request, you may contact us at:

SendMe Inc.
585 Howard Street
Third Floor
San Francisco, CA 94105
c/o Privacy Agent
legal@sendmemobile.com

How Do You Change Your Information?

To update your personal information, change the Service features you have elected to receive, or change your privacy preferences, you can do so by signing in to the Service and accessing the page titled "My Mobile" or a similar name.

What If the Privacy Policy Changes?

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Your Acceptance of this Policy

By using the Service, you are agreeing to the terms of this Privacy Policy and the SendMe Mobile Terms of Service. Any dispute as to these terms shall be governed by California law and subject to the courts of located in California.

TRUSTe

SendMe is a licensee of the TRUSTe Web Privacy Seal Program. TRUSTe is an independent, non-profit organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the Web site SendMeMobile.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first email legal@sendmemobile.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php TRUSTe will then serve as a liaison with us to resolve your concerns.

Questions

If you have any questions about this Privacy Policy, please contact us at legal@sendmemobile.com.