TERMS OF USE
While using the Site, you will not:
• Post, list or upload content or items in inappropriate categories or areas on the Site;
• Breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
• Breach our policies, including, without limitation, the Prohibited and Restricted Items policy and the other policies linked to from the "Additional terms" section below;
• Fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item, a clear typographical error is made, or you cannot authenticate the seller's identity;
• Fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;
• Manipulate the price of any item or interfere with other users' listings;
• Circumvent or manipulate Mobile-Media’s fee structure, the billing process, or fees owed to Mobile-Media;
• Post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
• Take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-Mobile-Media sites, or using it for purposes unrelated to Mobile-Media);
• Transfer your Mobile-Media account (including feedback) and User ID to another party without our express consent;
distribute or post spam, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm Mobile-Media, or the interests or property of Mobile-Media users;
• Copy, modify, or distribute Mobile-Media's copyrighted works or trade marks, or other content from the Site, without our express consent; or
• Harvest or otherwise collect information about users, including email addresses, without their express consent.
If you are registering with Mobile-Media as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Mobile-Media, you must comply with all applicable laws relating to online trading.
NO SPAM
We do not tolerate spam (unsolicited commercial communications). You may not add other Mobile-Media users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) or your account will be TERMINATED immediately without any consent.
PRIVACY POLICY
Your privacy is important to Mobile-Media. Therefore, Mobile-Media is committed to respecting your privacy and the confidentiality of your personal data, traffic data and communications content.
Mobile-Media Software and /or Mobile-Media Communications both incorporated under the laws of The Netherlands, are collecting and processing your personal information under this Privacy Statement.
This Privacy Statement is designed to assist you in understanding how Mobile-Media uses and safeguards the information you provide in using Mobile-Media's peer-to-peer VoIP software, Mobile-Media's websites and/or Mobile-Media's products.
CONTENTS
- What is Mobile-Media and what products does it offer?
- What information does Mobile-Media collect?
- How does Mobile-Media use this information and for what purpose?
- To whom does Mobile-Media transfer your personal information?
- What are cookies and how does Mobile-Media use them?
- Your User Profile
- Linked websites and third party applications
- How does Mobile-Media protect your personal information?
- Personal Data of Friends
- Contacting You
- Can this Privacy Statement be modified?
- What rights do you have and how can you contact Mobile-Media?
- How long is your personal data kept by Mobile-Media?
1. WHAT IS MOBILE-MEDIA AND WHAT PRODUCTS DOES IT OFFER? Top
Through your mobile phone and/or mobile device, Mobile-Media offers the FREE Mobile-Media software, Mobile-Media Communications and other Mobile-Media products.
2. WHAT INFORMATION DOES MOBILE-MEDIA COLLECT? Top
Mobile-Media may gather and process information about you, including (but not limited to) information in the following categories:
(a) Identification data (e.g. name, address, telephone, email address);
(b) Profile information (e.g. age, sex, country of residence and any information that you choose to make available to others as part of your Mobile-Media user profile);
(c) Electronic identification data (e.g. IP addresses, cookies);
(d) Banking and payment information (credit card information, account number);
(e) Survey results and information about your usage of the Mobile-Media software, our products, websites and Mobile-Media Group entities’ products;
(f) Products or services ordered and delivered;
(g) Image and Movie downloads included in Mobile-Media;
(h) Your user profile;
(i) List of your contacts;
(j) Mobile surfing within the Mobile-Media Network;
(k) Your username and password for other Mobile-Media accounts where you have provided this to us and requested us to search for your friends on Mobile-Media (Please note that Mobile-Media does not retain this information or use it for any other purpose);
(l) Correspondence between you and Mobile-Media;
3. HOW DOES MOBILE-MEDIA USE THIS INFORMATION AND FOR WHAT PURPOSE? Top
Our primary purpose in collecting information is to provide you with a safe, smooth, efficient, and customized mobile experience. Mobile-Media collects and processes, or has third party service providers acting on Mobile-Media’s behalf collecting and processing, personal data relating to you, as permitted or necessary to:
• provide communication products, in particular to convey the communications you make by means of the Mobile-Media software and/or the Mobile-Media products;
• take, process or deliver orders made via our websites, invoice you or notify you of the status of your order;
• provide other services for you (as described when we collect the information);
• provide you with customer support and troubleshoot problems;
• compare information for accuracy;
• inform you about service updates and faults;
• request feedback or participation in on-line surveys;
• resolve disputes;
• verify your identity;
• customize, measure, and improve Mobile-Media software, our products and websites content and layout;
• provide and invoice certain joint services with our parent company Mobile-Media, Inc. and any of its affiliates or subsidiaries (“Mobile-Media Group”) ,such as registration, transactions and customer support;
• organise and carry out Mobile-Media’s and/or the Mobile-Media Group’s marketing or promotional operations/offers, contests, games and similar events; and
• protect your, Mobile-Media and the Mobile-Media Group’s interests, including in particular to enforce our Terms of Service and fight against fraud,
(together, the Purposes).
4. TO WHOM DOES MOBILE-MEDIA TRANSFER YOUR PERSONAL INFORMATION? Top
Except as provided below, Mobile-Media shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.
Mobile-Media may disclose personal information to respond to legal requirements, to protect Mobile-Media and Mobile-Media Group’s interests, to enforce our policies or to protect anyone's rights, property, or safety.
Mobile-Media may share your information with the Mobile-Media Group for certain purposes, and in particular insofar as necessary to (1) provide and invoice certain joint services (such as registration, transactions and customer support); (2) organise marketing or promotional operations, contests, games and similar events; and (3) fight against fraud.
In order to provide you with Mobile-Media products you have requested, Mobile-Media may sometimes, if necessary, share your personal and traffic data with carriers, partner service providers and/or agents, for example the PSTN-VoIP gateway provider, Wifi access services providers, distributors of Mobile-Media software and/or Mobile-Media products, and/or the third party banking organizations or other providers of payment, email delivery, analytical services, customer support, or hosting services. Mobile-Media will always require these third parties to take appropriate organizational and technical measures to protect your personal data and traffic data and to observe the relevant legislation.
Some Mobile-Media products may be co-branded and offered together with or via a partner company. If you register for or use such products, you consent to both Mobile-Media and the partner company’s use of personal data collected in connection with the co-branded product.
If you are a member of the Mobile-Media Network, detailed information about the activity on your Mobile-Media account including traffic data and details of your purchases and downloads may be accessed by the Administrator of the Business Control Panel if you have agreed to such access. You can withdraw your agreement at any time by changing the settings on your account page. If you provide personal data including your name and job title to be included on the Mobile-Media directory, you acknowledge that such data may be viewed by other users & members of Mobile-Media.
Mobile-Media, Mobile-Media's local partner, or the operator or company facilitating your communication may provide personal data, communications content and/or traffic data to an appropriate authority lawfully requesting such information. Mobile-Media will provide all reasonable assistance and information to fulfil this request and you hereby consent to such disclosure.
Your information may be stored and processed in any country in which Mobile-Media maintains facilities, including outside of the EU. In this regard, or for purposes of sharing or disclosing data in accordance with this article 4, Mobile-Media reserves the right to transfer information outside of your country. By using Mobile-Media software, Mobile-Media's websites or Mobile-Media products you consent to any such transfer of information outside of your country. As Mobile-Media continues to develop its business, Mobile-Media might sell or buy subsidiaries or business units. In such transactions as well as in the event Mobile-Media or substantially all of its assets are acquired by a third party, personal information of Mobile-Media users will generally be one of the transferred business assets. We reserve the right to include your personal information, collected as an asset, in any such transfer to a third party.
5. WHAT ARE COOKIES AND HOW DOES MOBILE-MEDIA USE THEM? Top
Cookies are pieces of information that the Mobile-Media software may store on your mobile phone or computer's hard drive in order to help mobile applications to recognize you or your preferences. Mobile-Media also uses cookies embedded in the browser of the Mobile-Media software client. Mobile-Media's cookies may contain identifying information. Cookies enable Mobile-Media to gain information about the use of its websites. This information may be analyzed by third parties on our behalf.
The Help option on the toolbar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Mobile-Media software browser cookies can be disabled by: accessing the File menu from your Mobile-Media software client toolbar, choosing the Privacy option and unchecking the ‘Allow Cookies’ box.
Please bear in mind that some personalized services may not be available if you choose to disable cookies.
Third Party Cookies
The adverts appearing on our websites are delivered to you by our mobile advertising partners. Please be aware that these third parties may use cookies to obtain information about your visits to this site, such as number of times you have viewed an advert (but not your name, address, or other personal information).This information is used to serve adverts to you.
6. YOUR USER PROFILE Top
Your user profile is the information you decide to make available to the other Mobile-Media users. By editing your privacy settings, you can choose those details that all Mobile-Media users may see and those details which will only be visible to your Mobile-Media contacts. It may include your Mobile-Media user name, full name, address, telephone numbers, gender, date of birth, language, “about me” page URL, and any other information that you decide to make available. You control your user profile and you can access your user profile from the “File” menu in the Mobile-Media software in order to view, correct, complete or remove information.
7. LINKED WEBSITES AND THIRD PARTY APPLICATIONS Top
Mobile-Media websites may contain links that will let you leave Mobile-Media's network and access another website. Linked websites are not under the control of Mobile-Media and it is possible that these websites have a different privacy policy. The Privacy Statement applies solely to personal information that is acquired on the websites or through your use of the Mobile-Media software, Mobile-Media products and/or your relationship with Mobile-Media, so Mobile-Media urges you to be careful when you enter any personal information online. Mobile-Media accepts no responsibility or liability for these other websites.
If you use any extras, plug-ins or third party applications together with the Mobile-Media software (“Applications”), the provider of such Applications may obtain access to certain personal information about you. Mobile-Media does not and cannot control how the provider of Applications may use any personal information connected in connection with such Applications. Please ensure that you review any privacy policies or other terms applicable to the use of such Application before installation.
8. HOW DOES MOBILE-MEDIA PROTECT YOUR PERSONAL INFORMATION? Top
Mobile-Media and the Mobile-Media Group shall take appropriate organizational and technical measures to protect the personal data and traffic data provided to it or collected by it with due observance of the applicable obligations and exceptions under the relevant legislation. Your personal and traffic data can only be accessed by authorized employees or consultants of Mobile-Media or the concerned Mobile-Media Group entities that need to have access to this data in order to be able to fulfil their given duties.
9. PERSONAL DATA OF FRIENDS Top
You may be interested in inviting your friends to join Mobile-Media. In the event you wish to use Mobile-Media's referral service, you will be directed to a webpage and will have the possibility of adding one or more email addresses in an online form. The information entered in this form, will only be used for the purposes of automatically generating an email message to these potential Mobile-Media users. By entering your friend’s email address you are confirming that your friend has consented to the supply of their details. Mobile-Media may identify you as the person who has made the referral in the email sent to your friend.
10. CONTACTING YOU Top
Mobile-Media may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you accept to take part in is used for the purposes of reviewing this feedback and improving the Mobile-Media software, Mobile-Media entities' products and websites.
Mobile-Media may contact you to send you messages about faults and service issues. Further, Mobile-Media reserves the right to use email or the Mobile-Media software to notify you of any eventual claims related to your use of Mobile-Media software, the Mobile-Media websites and/or Mobile-Media products, including without limitation claims of violation of third party rights.
Mobile-Media may send you alerts by email to notify you when someone has tried to contact you. Mobile-Media may also use email or the Mobile-Media software to keep you up to date with news about the Mobile-Media software and Mobile-Media products that you have purchased and/or to inform you about other Mobile-Media or Mobile-Media Group entities' products or other Mobile-Media related information. You can opt-out of the receipt of alerts and/or promotional emails by clicking the ‘unsubscribe’ link on the email that you receive. You can also manage your communication preferences by signing into your account page.
If you have registered for or use co-branded Mobile-Media products, the emails you receive may be from our partner company, acting on Mobile-Media’s behalf.
11. CAN THIS PRIVACY STATEMENT BE MODIFIED? Top
Mobile-Media reserves the right to modify the provisions of this Privacy Statement if deemed necessary. We will inform you of these changes by publishing the revised Privacy Statement on this page. The revised Privacy Statement shall become effective within thirty (30) days of such publishing, unless you expressly accept the revised statement earlier by clicking on the accept button. You agree that the express acceptance by you, or your continued use of the Mobile-Media software or Mobile-Media products after the notice period of thirty (30) days, shall constitute your acceptance of the Privacy Statement.
12. WHAT RIGHTS DO YOU HAVE AND HOW CAN YOU CONTACT MOBILE-MEDIA? Top
You have the right to access and, where relevant, to amend your personal information. Some of your information may be viewed or edited online by logging into your Account pages on http://www.mobile-media.nl/m. We will respond to requests to view, correct, complete or remove your personal information within a reasonable period of time and upon verification of your identity.
Mobile-Media will use its best endeavours to accommodate requests to delete personal information unless it is required to be retained by law or for lawful business purposes. However, please note that due to the technical nature of the Mobile-Media network, it can sometimes take up to two weeks before your Mobile-Media ID disappears completely from the Mobile-Media network. Your details may still appear in the search directory during this time.
13. HOW LONG IS YOUR PERSONAL DATA KEPT BY MOBILE-MEDIA? Top
Mobile-Media and, where relevant, the Mobile-Media Group entities will retain your information for as long as is necessary to: (1) Any of the Purposes (as defined in article 3 of this Privacy Statement) or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.
Retention of Instant Messages made using Mobile-Media For Your Mobile
If you are using Mobile-Media For Your Mobile, your chat communications content may be stored by Mobile-Media (a) to ensure the effective conveyance and synchronisation of your messages to you and other chat participants and (b) to enable you to retrieve your chat history. Chat history messages will be retained by Mobile-Media until the message has been synchronised to all chat participants, it will then be deleted within 24 hours. In case of 1-1 chat messages, the message will be deleted within 2 hours after transmission to ensure successful synchronization. Mobile-Media will at all times take appropriate technical and security measures to protect your information. By using this product, you consent to the storage of your chat communications as described above.
© Mobile-Media – Last revised: 2 July 2009
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