mSpot, Inc. Privacy Policy
Thank you for visiting one of the Internet websites, including certain WAP sites operated by mSpot, Inc. ("mSpot") located at the URL www.mSpot.com and the related co-branded sites operated by mSpot as well as the use of mSpot widgets made available by mSpot through third party websites (collectively, the "Sites"). This Privacy Policy details certain policies implemented throughout the Sites governing mSpot's use of personally identifiable information about users of our Sites and users of services available through these Sites (the "Services").
Privacy Policy Updates Due to the Internet's rapidly evolving nature, mSpot may need to update this Privacy Policy from time to time. If so, mSpot will post its updated Privacy Policy on our Sites and we may send registered users an email, so that you are always aware of what personally identifiable information we may collect and how we may use this information. If any modification is unacceptable to you, you should cease using the Sites and the Services. If you do not cease using these Sites and the Services, you will be deemed to have accepted the change.
Information Collection You can generally visit our Sites without revealing any personally identifiable information about yourself. However, in certain sections of these Sites and when you use our Services, we may invite you to contact us with questions or comments or request information, contact us with feedback, participate in surveys, questionnaires or contests, recommend or rate content, or complete a registration form. To receive certain information or Services, you will be required to provide your first and last name and your email address, and to create a password that you can change. For certain Services, you may have the option, if you so choose, to provide us with your age and gender. When you subscribe to receive ringtone Services, you will be required to provide your mobile phone number, your carrier, and the model of your phone. For certain Services you will be required to provide payment information, such as credit card information and physical address to verify the credit card information.
Information Use We may use your personally identifiable information to register you to use our Sites and Services, to deliver certain Services, provide notices regarding the Services you have purchased, to verify your authority to enter our Sites, improve the content and general administration of the Sites and our Services and display targeted advertising on web pages served by the Sites. We will process any applicable payment information (such as credit card information), through our payment processing gateway provider, but we will not store your credit card information on our servers.
Children's Privacy mSpot recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. This Site is not intended for children under the age of 13. mSpot does not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 18, you must have your parents' permission before you use the Services.
Cookies and Similar Technologies We may use small text files called cookies to improve overall experience on the Sites. A cookie is a piece of data stored on the user's PC hard drive or user's cell phone volatile memory, depending on which Site the user chooses, containing information about the user to improve the performance of the Sites. Cookies generally do not permit us to personally identify you. We may also use other technologies such as pixel tags, which are electronic images not visible to users that may be associated with the cookies, to allow us to count the number of users that have visited certain pages, to deliver Services and to help determine the effectiveness of certain services or branded campaigns.
Aggregate Information The Sites may track the information provided by cookies, server log files, pixel tags and other similar technologies to determine non-personally identifiable information, such as the total number of visitors to our Sites, the number of visitors to each page of our Sites, traffic patterns, and browser type. The Sites may also track IP addresses and certain variables about your computing environment (such as your MAC address, computer type, screen resolution, OS version, Internet browser type and version), and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Sites, track users' movement, and gather broad demographic information for aggregate use.
Disclosure We may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our Services to you. Such third party entities may be obligated to use your personally identifiable information solely to provide the services to us. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law or regulation, or in cooperation with any governmental investigation. We will not sell your personally identifiable information to any company or organization except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which mSpot participates or to a purchaser of all or substantially all of mSpot's assets to which the Sites relate.
Links to Third Party Sites and Vendors These Sites may provide links to other Web sites, including those of third party vendors who provide certain value-added products or services which may be of interest to you (such as MP3 downloads) over which mSpot does not have control ("External Web Sites"). Such links do not constitute an endorsement by mSpot of those External Web Sites and it is your choice whether or not to provide your personally identifiable information to those Web sites and vendor. You acknowledge that mSpot is providing these links to you only as a convenience, and further agree that mSpot is not responsible for the content, activities or performance of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.
Other Communications Unless to elect your option to opt-out, mSpot may use your personally identifiable information to inform you of products, programs, services or promotions offered by mSpot that we believe may be of interest to you. If you would prefer not to continue to receive such messages, you may opt-out from receiving further messages by following the "unsubscribe" instructions in the latest message that you receive.
Security We may employ procedural and technological security measures that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. mSpot may use encryption, password protection, and other security measures to help prevent unauthorized access to your personally identifiable information.
Notice to European Users The information you enter on these Sites or otherwise provide to mSpot may be transferred outside of the European Union to the United States of America which does not offer an equivalent level of protection to that required in the European Union. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Article 26 of the European Union's Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection. By agreeing to the terms of use and this privacy policy, you consent to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by mSpot on its servers located in the United States of America as described in this Privacy Policy.
Correction/Updating Personally Identifiable Information
mSpot provides you with the ability to review, correct and delete any of your user profile information. If you wish to review or correct any profile information you have provided to us, you may submit a request to us at the contact email below or access your account online.
If you have any questions regarding this Privacy Policy please contact us via email at
Last updated: January 26, 2010