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MOTIME - PRIVACY POLICY

This is the official privacy policy (“Privacy Policy”) for the Service made available through our Website and is incorporated into and forms a part of our Terms of Use. Any terms not defined in this Privacy Policy are defined in our Terms of Use. When you use our Service, you are also agreeing to all of the provisions of this Privacy Policy that govern the Personal Information collected by our Service. This does not cover any other information, collected in any other manner, for any other purpose, nor on any other website or service. We remind you that the term “Service” includes, without limitation, our Website. This policy went into effect on March 1, 2010.

If you are under 13 years of age you may not, under any circumstances, use our Service – at all. If your access or use of our Service is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live, or if, for any reason and at any time, you do not agree with this Privacy Policy, please discontinue using our Service immediately.

“Personal Information” Personal Information includes information we may collect and maintain in regards to your billing address, Subscription Service selections, your wireless carrier name, wireless device and account number, email address and other information related to your order. Personal information does not mean financial information, for all financial information will be collected by your carrier or billing facilitator, NOT Motime.
 
Your privacy is important to us and it is important to explain and help you understand how we collect, use, disclose and maintain your Personal Information. We maintain reasonable physical, electronic and procedural safeguards to protect your Personal Information and while no data transmission that is wireless, mobile or over the Internet is completely secure, we use commercially reasonable efforts to ensure the protection of your Personal Information.

Our Privacy Policy is intended to explain our privacy practices and inform you as to:
The kinds of Personal Information we collect from users and how it is collected;
How we use Personal Information;
The circumstances under which we disclose Personal Information to third parties;
How you can access, update or delete Personal Information we collect about you; and
The mechanisms we have implemented to protect your Personal Information.

Our Privacy Policy is subject to the laws, regulations, and treaties of the United States and we make no representation our Services are operated in accordance with any other laws or regulations. If you live outside of The United States and you use or attempt to use our Service contrary to our Terms of Use that state that only United States residents are eligible, you do so at your own risk.
 
When you sign up, enroll, become a Subscriber, use our Service, or enter or participate in promotions or input information, you will generally be required to give us your wireless device number or email address, and certain other information, much of which is Personal Information. When you do or attempt to do any of these things, you understand, acknowledge and agree you are giving us your consent to track your use of our Service, your activities, exchanges of information and transactions in connection with our Service and you are giving us the right to use your Personal Information in connection with the Service. If, during the course of using or signing up for any of our Service, your use or enrollment also includes your consent to receive messages, we will always disclose this to you and give you the opportunity to opt out of receiving or continuing to receive these messages. You agree that we always have the right to send you messages in connection with your registration, subscription, any account you have with us and use of the Service.
 
We can change this Privacy Policy any time and from time to time by notifying you, either by posting an updated version on our Website or by sending you a message telling you we have made a change and when the changes become effective. Your continued use of our Service means that you agree with our updated Privacy Policy. It is your responsibility to check this Privacy Policy often because any changes we make and our notice to you will be considered effective, even if you choose not to check our Website for changes or read message we send you.
 
Personal Information we obtain from you or that you provide to us may be transferred, stored, maintained, processed and used both within and outside of The United States on servers, communication and data processing facilities that we maintain or are maintained for us (we refer to these individually and collectively as “servers”). For example, we currently have arrangements to use servers under the control of our affiliate company, DADA S.p.A., in Italy. These servers are presently located with Inet S.p.A., Via Darwin 55, Milan, Italy. So long as we continue to use these servers to process, store or transmit your Personal Information, we also ensure compliance with applicable Italian privacy law (D. Lgs 196/2003) in addition to our obligations under the laws of the United States.  Any Personal Information stored, maintained, processed or used in jurisdictions outside of The United States may be subject to disclosure to governing authorities in such jurisdictions pursuant to the laws of such jurisdictions. In certain cases, the laws of such jurisdictions may prohibit our providing notice of such disclosure to you.
 
By using our Service and providing us with your Personal Information, you consent to the transfer of your Personal Information to and from servers located in jurisdictions outside of The United States and waive any claims that may arise under United States law or any other local or national laws, rules or regulations or international treaties. You agree that we may from time to time, transfer or merge your Personal Information collected off-line to our online databases or store off-line information in an electronic format. You also agree that we may combine Personal Information we collect online with information available from other sources, including information received from our advertisers and promotional partners. This Privacy Policy applies to your Personal Information even if you terminate or discontinue your use of our Service.
 
Use of Information. By using the Service, you agree that we may use your Personal Information to tailor your experience on our Service, serve advertising we think may be relevant, understand your preferences, and provide you with offers we think may be of interest. It is your responsibility to give us current, complete, truthful and accurate information and to keep the Personal Information you provide us up to date. We reserve the right to revoke and/or terminate your right to use all or any portion of our Service and/or reject and delete any entry you make, if we have reason to believe information you provide to us is or may be false, fraudulent or inconsistent with this Privacy Policy or in violation of the Terms of Use. We are not liable in any way or responsible for damage that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Unless we obtain your consent, we will not use your Personal Information for any purpose other than as listed above.
 
Your California Privacy Rights. If you are a resident of the State of California, under the California Civil Code, you have the right to request information on how to exercise your disclosure choice options from companies conducting business in California. If you are a California resident and wish to request information from us about how to exercise your third party disclosure choices, you must send us a request for information indicating your preference as to how you would like us to respond to your request (i.e., e-mail or postal mail). To request such information, either contact us via electronic form at http://www.motime.com/help/contactus/ or you may contact us via postal mail at:
 
Motime - Privacy Administrator
P.O Box 436
New York, NY
10156
Attn: Your California Privacy Rights
 
All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or post card and that must also be clearly stated on the actual request. For all requests, please include your first and last name, street address, city, state and zip code. (Your street address is optional if you wish to receive a response to your request via e-mail, but please include your zip code for our record-keeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, notices that are illegible or that do not have complete information.
 
Promotions and Advertising. We may make advertisements, promotions and offers from other third parties available on or in connection with our Service. You acknowledge and agree that if you respond, take advantage of, accept or register for any offer, engage in any transactions or activities, enter or provide information or you redirect your browser, not only are you deemed to have opted into sharing that information (including Personal Information) with those third parties, you are also acknowledging and agreeing that their privacy policies and terms and conditions (not ours) apply to your relationship with them. We have no control over and no liability or responsibility for these third parties.
 
Opt Out Procedures. We may post notices, offers, advertising and promotional material on our Service and your agree that we may use your Personal Information to contact you by e-mail or text message or otherwise to promote our Service or to send you offers we believe may be of interest. You may chose to opt out of receiving marketing and promotional e-mails, text or other electronic messages from us by either: (i) calling our customer service representatives at 1-800-982-1358  or (ii) sending us an e-mail to help.us@motime.com. If you are using SMS, you must unsubscribe separately to each active text alert or other Service you are enrolled in by using our Service keywords (you can find these on our Website) which must be a combination of ONLY (i) the Service name keyword and (ii) the word “OFF.” You agree that we may always contact you via e-mail or SMS for administrative or informational purposes, including follow-up messages regarding the administration of your subscription, any promotions you have entered or participated in, offers you have accepted or Service you have enrolled in or ordered or any of your transactions related to our Service.
 
Cookies and Technology. We use computerized tracking technology (we will refer to these generally as “cookies”), often from third parties, to collect data regarding your visits and use of our Service. This data is stored in aggregate form and is not used to identify a particular user or individual. We use cookies in a variety of ways: (a) to save your User ID, wireless device number, email address and other information so you don’t have to re-enter it each time you use our Service; (b) to keep count of return visits to our Service and to advertisers’ or partners’ websites; (c) to accumulate and report aggregate statistical information in connection with our Service; and (d) to help us determine which Service you like best. Although we use aggregate tracking data to help us operate, manage, enhance, and improve our Service and display advertising and marketing information, Personal Information is not extracted in this process. You can choose to have your computer warn you each time a cookie is being sent and you can choose to turn off all cookie mechanisms through settings in your browser, however, if you turn cookies off you may not have access to many features and functions of our Service that make your experience more efficient and enjoyable and some of our Service may not work properly or at all. When you use our Service, you understand you will be involved in communication that goes through computer networks and communication facilities, portions of which are or may in the future be located in a number of jurisdictions around the world. You also understand that use of our Service, as well as the nature of digital communication and services, may result in transmission of interprovincial and international communications no matter where you, any device, item of computer equipment, communications or network resources may be physically located. No communication over the Internet or wireless communication can be perfectly secure – there is always a risk.
 
Disclosure of Personal Information. You agree that we may share your Personal Information with any of our parent, subsidiaries and affiliated companies, as well as with our operational service providers that assist in providing our Service. We will not share Personal Information we obtain in connection with our Service with any non-affiliated parties unless you opt in or consent (which you may be doing when you sign up, enroll or participate in any promotion, activity, co-branded Service, joint promotion, feature or function) and you always have the right to opt out at any time. If you do opt in or consent you will be deemed to have given your consent to us and the third party involved to collect, maintain, process, store and use your Personal Information for the purposes described in the opt in or consent. For Personal Information provided directly to third parties through the Service, if you wish to opt out of that third party’s use of your Personal Information, you will need to contact them directly.
 
Some aggregate, non-personally identifiable data we collect in connection with our Service may be shared with our advertisers and other business partners, but we do not give any Personal Information to them unless permitted by this Privacy Policy or unless you have otherwise provided your consent.
 
You agree that we may make your Personal Information available to non-affiliated third parties for security, legal or other purposes necessary to protect our interests or the interests of others, including times when:
We are compelled by a governmental agency, court or other judicial or regulatory authority;
We believe your actions violate a law or regulation, a term or condition of the Terms of Use, or if you threaten the rights, property or safety of us, any Motime Entity, any customers, users, or any other party;
We believe, in our sole judgment and discretion, that disclosure is necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests or to comply with any legal and regulatory obligations; or
We are involved in a merger, acquisition, transfer of control, joint venture or other business combination or in the event of bankruptcy or insolvency proceedings.

Security of Personal Information. We maintain commercially reasonable standards of security and confidentiality, however, for most websites, wireless and mobile communications, it is possible third parties may unlawfully intercept or access transmissions or private communications. We conduct financial transactions via secured transmissions but may not always secure other parts of our Service in the same way. We also limit access to our Service by our own employees to individuals who are authorized and trained for the proper handling of such information. Any employee found violating our policies and standards of security and confidentiality will be subject to our disciplinary processes. We request our operational service providers follow the same policy. If an actual or suspected breach of information security that is subject to any United States law that applies to you or your Personal Information, we will notify you (and any required law enforcement and regulatory authorities) as and when required by law.
 
Accessing and Changing Your Personal Information. Generally, you may review, correct, update and/or delete Personal Information collected by or through our Service, as well as user information you may have entered during the subscription process or your participation in our Service. Certain Personal Information is subject to corporate, audit and regulatory record-keeping requirements and will not be deleted unless the user is under 13 years of age (see "Deleting Personal Information of a Child," below).
 
We will not allow direct access to any Personal Information by any person without the Registered User’s or Subscriber’s User ID or appropriate identification. Personal Information necessary to check eligibility, such as your date of birth or age or your wireless device numbers, may only be modified with sufficient verification. If you delete or attempt to delete such information, it may result in the suspension of any and all rights you may have to use our Service.
 
We always reserve the right to deny, suspend, deactivate, terminate and cancel any registration, subscription, User ID and the use of or access to any or all of our Service, if we believe there is a question about the identity of the person trying to use our Service. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide you access to your Personal Information. In such cases, we will provide you with an explanation of why access cannot be provided and a contact person for further inquiries.
 
If a the parent of a child over the age of 13 wishes to terminate or cancel their child’s use of all or any portion of our Services or modify any selections the child may have made, the parent must notify us by contacting us at help.us@motime.com and provide verifiable identification that they are the parent of the child before making any changes to or terminations of the child’s registration. We will not allow direct access to any Personal Information by any person without the Registered User’s or Subscriber’s User ID or appropriate identification. If a parent does not have his or her child’s User ID, the parent will be required to send an e-mail to help.us@motime.com that includes the parent’s name, address, telephone and e-mail address, in addition to the child’s name and wireless device number or e-mail address as shown in our records. We will send a confirming e-mail to the parent via the wireless device number or e-mail address provided by the parent to verify that the parent wishes to terminate the child’s registration. The parent must confirm by sending a reply to the return address designated by us. We will then terminate the child’s registration and will notify the child by e-mail, identifying the name, address and contact information submitted by the parent who made the request.
 
Deleting Personal Information of a Child. Parents of children under the age of 13 have the right to immediately terminate or cancel their child’s use of our Services and the parent should notify us by contacting us at help.us@motime.com and provide verifiable identification that they are the child’s parent. We will use the same verification and authentication procedures for the parent as described in the section above ("Changing Your Personal Information"), however, children under the age of 13 are not permitted to use our Service and their information must and shall be deleted once their age and parent are verified.
 
We always reserve the right to deny, suspend, deactivate, terminate and cancel any subscription, User ID and the use of or access to any or all of our Services, if we believe there is a question about the identity of the person trying to use our Service. If the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide you access to your Personal Information. In such cases, we will provide you with an explanation of why access cannot be provided and a contact person for further inquiries.
 
Questions. If you have any questions about this Privacy Policy or our community code, you can e-mail us at help.us@motime.com. If you cannot find the answer to a question related to our Privacy Policy or if you do not understand how we collect, maintain, store, process, use or share your Personal Information you may contact our Privacy Administrator at privacy.usca@buongiorno.com.
 
For reference our:
 
Terms of Use may be reviewed at any time at http://www.motime.com/help/terms
Subscription Agreement may be reviewed at any time at http://www.motime.com/help/subagreement/
 
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