WELCOME TO INNOPATH'S PRIVACY POLICY

Your Privacy Matters to Us
Welcome to innoPath! This Privacy Policy contains information regarding how innoPath and its subsidiaries (collectively "we", "our", "us", "innoPath") process certain categories of data relating to individual persons. Because we are committed to protecting your privacy in all aspects of our business, we hope you will take the time to read this policy, which explains what information we collect from you and how we use that information. By using our Web site or purchasing products or services from us, you agree to be bound by this policy. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect and how we use it. Please check back periodically.

  • If you're a visitor to our website, www.innopath.com ("Website"), please see the section "Website Privacy" below for a description of our data processing practices with respect to data about you.
  • If you are an end user of innoPath's services (including services provided to innoPath's customers such as mobile telephone companies and providers of mobile content or services; "Clients"), please see the section "Service End User Privacy" below for information on our data processing practices with respect to data about you.
  • If you are a resident of any European Union Member State ("EU"), please also see the section "EU Safe Harbor Privacy Statement" below for a description of our data processing practices with respect to data about you in reference to the European Union Safe Harbor Principles.

This Privacy Policy does not apply to the practices of companies that innoPath does not own or control, or to people that innoPath does not employ or manage. This includes any companies from whom you may have ordered services or products that are transmitted over innoPath's mobile messaging network and any companies from whom you may be purchasing telecommunications services.

We urge you to read this Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment. innoPath reserves the right to amend this policy at anytime without notice. The revised Privacy Policy will take effect on the date posted on the innoPath Website. Please check this page for occasional updates to remain appraised of innoPath's Privacy Policy.

WEBSITE PRIVACY

Information Collection and Use
This section describes how we collect, use and disseminate information collected about Website visitors through our Website. It does not cover any other data processing activities. When you visit our Web site, innoPath collects your IP address, which we use to help diagnose problems with our server, to administer our Web site, and to improve our products and services. Your IP address also is used to gather broad demographic information that does not personally identify you (such as your name and email address). innoPath is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. We collect information from our users at several different points on our website. innoPath may collect information about how you use our Website, for example, by tracking the number of unique views received by the pages of the Website or the domains from which you originate. While not all of the information that we collect from you is personally identifiable, it may be associated with personally identifiable information that you voluntarily provide to us through our Website.

Volunteered Information Collected on the Website.
If you voluntarily supply us with your contact information, including email address, postal address and telephone numbers, you may be contacted by us, or receive periodic mailings from us with information on new products and services or upcoming events. You always have the option not to provide information including by choosing not to enter information in any web form, purchase a particular product or use a particular service or feature. Personally identifiable information including name, address, telephone number, credit card number or other billing information, e-mail address, and other information that, either alone or in combination with other kinds of information, may personally identify you, may be collected in a variety of ways, including through online forms for ordering products and services, and other instances where you are invited to volunteer such information.

innoPath is a global company, we may share your information with other innoPath affiliates, business units or contractors in other parts of the world, who will maintain the privacy of your information in accordance with this Privacy Policy. In addition, innoPath uses information for the following general purposes:

  • to fulfill your requests for products or services
  • to improve our services
  • to contact you
  • to inform you of promotions, new products and/or services
  • for reporting purposes for external Clients such as mobile telephone companies and providers of mobile content or services
  • in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims

We limit access to your personally identifiable information to employees and contractors who we believe need access in order to provide services to you or to do their jobs. You should know that your personally identifiable information may be transferred from your home country to employees and contractors in other areas of the world, who may communicate with you regarding your inquiry.

We take appropriate technical and organizational measures to guard against unauthorized or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no computer system is completely secure, we believe the measures implemented by our Website reduce the likelihood of security problems to a level appropriate to the type of data involved.

Agents and Service Providers.
We may engage data processing agents and service providers that assist us in the processing of personally identifiable information that Website visitors may volunteer through the Website, as well as electronic messages and traffic data that is linked to IP addresses. Such third parties process data only on our behalf and are contractually obligated to refrain from using such data for their own purposes. Each time visitors visit our Website, after they have submitted a web form to us or clicked on a particular link in a marketing email from us, we maintain a record of certain information about their visit including the pages viewed on our Website, the time of the visit, the order of pages accessed and the amount of time such visitors spend at each page. We use this information to better tailor our services to our visitors.

Disclosure to Third Parties.
In the course of our normal business activities, we do not share personally identifiable data about Website visitors with any independent third parties, other than with our agents, service providers and authorized resellers as described in the preceding paragraphs "Agents and Service Providers" and "Volunteered Information Collected on the Website". As stated before, we are not in the business of selling, renting or loaning personally identifiable information to independent third parties.

Nevertheless, we may have to disclose information to third parties when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with legal process served on us, or to protect the property or interests, its agents and employees, or the personal safety of others, or the public. Under such circumstances, we may be prohibited by law, court order or other legal process from providing notice of the disclosure, and we reserve the right to not provide such notice in its sole discretion.

We may disclose aggregate, anonymous data based on information collected from Website users to investors and potential partners. Additionally, we may transfer personally identifiable and other information collected from Website users in connection with a merger, acquisition, or any form of sale of some or all of innoPath's assets or business at which time such information may become subject to the privacy policies of the acquiring entity.

Email Communication
innoPath may use email links located on various pages of the website to allow you to contact us with questions or comments you may have. We welcome these email communications and make efforts to respond to these communications where appropriate.

Cookies, Log Files and Links
Cookies: Cookies are pieces of data stored by a browser on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Cookies enable us to track and target the interests of our users to enhance the experience on our site. innoPath is not responsible for cookies placed by third-party Web sites. innoPath may also collect information about how you use our Website, for example, by tracking the number of unique views received by the pages of the Website or the domains from which you originate. We may use "cookies" to track how your use our Website. While not all of the information that we collect from you is personally identifiable, it may be associated with personally identifiable information that you provide to us through our Website

Log Files: We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

SERVICE END USER PRIVACY

What Is Covered by This Section?
This section provides information on how we use and disseminates information collected about end users of our innoPath services (including services provided to innoPath's Clients). It does not cover any other data processing activities. innoPath is a data processor which processes mobile data on behalf of its customers who are the data controllers. Customers contract with innoPath to provide mobile data delivery and application services by which such mobile data is transmitted between and on behalf of customers and end users via innoPath's and mobile telephone carriers' mobile networks. The term data controller is defined in US Safe Harbor and EU privacy legislation as the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data. The data controller retains full responsibility for the data with regards todkfjkl the individual(s) concerned. The term data processor means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller.

All legislation referred to herein requires that the relationship between a data controller and a data processor be covered by a contract before outsourcing related to the processing of personal data takes place. The purpose of the contract is to protect the interests of the data controller, i.e. the person or body who determines the purposes and means of processing and who retains full responsibility for the data with regards to the individuals concerned. The contract thus specifies the processing to be carried out and any measures necessary to ensure that the data are kept secure.

innoPath obligations.
innoPath's obligations may vary according to the jurisdiction of our customers and their area of business. The typical obligations to ensure compliance with the most common privacy legislation are: to comply with the U.S. Safe Harbor principles, EU data protection legislation or other similar national legislation as a data processor; to ensure that the data is only used for the purpose of providing our mobile data delivery and application services and purposes that are authorized and requested by our customers; to keep the data confidential.

innoPath Customer obligations.
To ensure that we process personal data in accordance with relevant privacy regulations we will only offer our service under a contract which defines the obligations of innoPath and our customers according to applicable privacy legislation. We will always require our customers to comply with relevant privacy legislation as the data controller. innoPath does not control the sharing of personal information related to our service. This is governed by our customers, the data controller, in accordance with the respective customer's privacy policy and applicable privacy legislation.

innoPath may transfer personal data when legally required to do so.
innoPath will not transfer personal data to other entities without authorization or request from our customers unless innoPath is legally required to do so, for example, by a court order or subpoena.

Who should end users contact regarding privacy?
If you are an end user of our service you should contact our customers for any information related to information held about you and the privacy policy which governs the relationship between you and our customer. In some cases our customer will be your employer, your mobile telecommunications carrier, or an entity from which you purchase or request products or services.

Access by innoPath employees.
Access to private and confidential data on our systems is limited to only those employees and contractors with a specific need to retrieve this information. innoPath uses commercially reasonable computer security safeguards to protect its databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These risks, however, cannot be completely eliminated and innoPath therefore cannot guarantee complete security of any information you transmit to us, and this information is transmitted at your own risk.

Notification of Changes
If we decide to change our privacy policy, we will post an updated policy so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. innoPath will use information in accordance with the privacy policy under which the information was collected.

EU SAFE HARBOR PRIVACY STATEMENT

innoPath Software, Inc. adheres to the US Safe Harbor Privacy Principles of Notice, Choice, Onward Transfer, Access, Security, Data Integrity and Enforcement, and is registered with the U.S. Department of Commerce's Safe Harbor Program. Our Safe Harbor certification can be found at https://www.export.gov/safehrbr/list.aspx

For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's website at http://export.gov/safeharbor/.

GENERAL DISCLAIMER

Although innoPath Software, Inc. has attempted to provide accurate information on the Website, innoPath assumes no responsibility for the accuracy of the information. innoPath may change the programs or products mentioned at any time without notice. Mention of non-innoPath products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

The Website may contain links to other sites. innoPath is not responsible for the privacy practices of any sites other than our own. We encourage you to be aware of when you leave the Website and to read the terms of use and privacy statements of each and every website that collects personally identifiable information.

Forward-Looking Statements
Some of the information on this Web Site may contain projections or other forward-looking statements regarding future innoPath events. We wish to caution you that these statements are only predictions, actual events or results may differ materially.

Your Use of innoPath's Website Implies Consent.
Your use of the Website signifies your acceptance of this Privacy Policy. If you do not agree or are not comfortable with any policy described in this Privacy Policy, your remedy is to discontinue your use of the Website.

How to Contact Us
If you have questions or concerns regarding this Privacy Policy or otherwise regarding data collection, processing or transmission, please email us at privacy@innopath.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it or write to us via postal mail at Privacy Matters, c/o innoPath Software, Inc. 1195 W. Fremont Ave, Sunnyvale, CA 94087, United States. We will endeavor to respond timely to your inquiry. This policy was last updated October 1, 2011