Mobivity Privacy Policy

Last Updated July 2014

Mobivity recognizes that privacy is important and has created this Privacy Policy to demonstrate our firm commitment to the individual’s right to privacy. This policy outlines our personal information handling practices and covers all Mobivity, products, services, websites, affiliates and any other Mobivity programs that collect user information. Our privacy practices reflect current principles and standards for handling personal information.

Consent

When mobile consumers participate in a Mobivity supported marketing promotion or mobile campaign data is electronically transmitted over Mobivity’s network and Mobivity will receive information about the participant. By participating in the services, programs and campaigns supported by Mobivity, mobile users give permission to Mobivity to collect information about the user.

Mobivity does not collect any personal information from mobile participants that the user does not volunteer and Mobivity is the sole owner of all information collected. Mobivity does not sell, share or rent this information in any way to third party service providers, partners, affiliates, subsidiaries, advertising and promotional agencies and others.

Mobivity does not knowingly collect personal data from children under the age of 13. If Mobivity learns that we have collected personal data on a child under the age of 13, such data will be deleted from our systems.

In compliance with the Telephone Consumer Protection Act (TCPA) and the published policies and consumer best practices of the Mobile Marketing Association, Mobivity provides and builds into all products and services the opportunity to exercise an opt-out choice for all consumers who choose to no longer receive mobile communications from Mobivity.

Notice

If personal information, outside of the use of data for purposes of Mobivity’s service, is intentionally collected from individuals, they will be informed of the purpose for which the information is collected and how the information will be used and shall agree to such use via an opt in procedure.

Sharing Data

On occasion, Mobivity may be required to provide its partners and other service providers with data submitted by mobile participants in order to support requirements for a specific campaign. For example, users might submit their zip code to check their eligibility to purchase a product or service, where the zip code information needs to be queried in an external database to Mobivity’s network. Mobivity may also provide log files and other data of user information to third parties for analysis to get a better understanding of general behavior for the sole purpose of improving our service and content offerings.

In the event that Mobivity was to disclose information to a third party, Mobivity would ensure the third party subscribes to all privacy principles as defined in this Privacy Statement and that the same level of privacy protection is in place in regards to the care and handling of the information.

Mobivity may collect and possibly share personal data and any other additional information available to us in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Mobivity’s terms of use, or as otherwise required by law.

Security

Mobivity uses a combination of industry-standard security technologies, procedures, and organizational measures to protect all stored data, personal and otherwise, from unauthorized access, use or disclosure. When Mobivity transmits and processes personal information, Mobivity takes reasonable precautions to protect the information from loss, misuse, unauthorized access, disclosure, as well as alteration and destruction. These precautions are part of our services to our clients and are under continual analysis for applicability and effectiveness. Mobivity supports online security using secure server technology, state-of-the-art security arrangements and facilities to prevent abuse.

Access

Mobivity will take reasonable steps to permit individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete, when collected or stored, except where the burden or expense of providing access would be disproportionate to the risks of an individual’s privacy or where the rights of a person other than the individual would be violated.

Enforcement

Mobivity ensures the availability of an affordable, independent recourse mechanism by which each individual’s complaints and disputes are investigated and resolved by reference to the privacy principles. For purpose of this policy the independent resource mechanism shall be the American Arbitration Association.

Mobivity also ensures adherence by conducting compliance assessments of the relevant privacy practices in-house. In the event these assessments discover non-compliant privacy practices, corrective action plans will be developed to resolve the identified gaps in compliance, as well as a preventative action plan to maintain that compliance.

Any employees determined by Mobivity to be in violation of these privacy principles will be subject to disciplinary action up to and including termination of employment.

Dispute Resolution

Any questions or concerns regarding the use or disclosure of personal information should be directed to support@mobivity.com. Mobivity will investigate and attempt to resolve complaints and disputes regarding the use and disclosure of personal information in accordance with the principles contained in this Privacy Statement. For complaints that cannot be resolved, Mobivity uses the American Arbitration Association as the independent recourse mechanism for dispute resolution.

Policy Changes

Mobivity reserves the right to modify this Privacy Statement at any time without notice. If changes are made to this Statement, the changes will be posted on Mobivity’s website and other places Mobivity deems appropriate.