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Danger® Service Privacy Notice


Danger, Inc. ("Danger") operates a service on behalf of your wireless network operator that enables certain features on your wireless device, including email, Internet access, instant messaging, address book and calendar functions (the "Danger Service"). The Danger Service also includes a Web site operated by Danger (the "Danger Service Web Site") that subscribers may use to access these features, as described more fully in the Reference Guide accompanying your wireless device. This Privacy Notice applies to information collected by Danger in connection with its operation of the Danger Service. This Notice does not apply to information collected on other Web sites owned or operated by Danger, such as danger.com or poweredbydanger.com. To find out how Danger handles information collected on those Web sites, please read the Danger, Inc. Corporate Websites Privacy Policy located at www.danger.com/legal. Finally, this Notice does not apply to information collected by your wireless network operator. Please refer to your wireless network operator's privacy policy to learn what information it collects about you and how such information is used.

YOUR PRIVACY IS IMPORTANT TO US

At Danger we are committed to maintaining the privacy and accuracy of your personal information and to protecting such information from loss, misuse and unauthorized access and disclosure. This Privacy Notice describes how Danger treats information received about you when you register to use the Danger Service, when you provide information to us and when you use the Danger Service.

WHAT INFORMATION DOES DANGER COLLECT?

It is important to know that we collect different types of information. We use each type of information in different ways, as explained in more detail below. The terms defined below are used throughout our Privacy Notice.

1. "Personal Information" is any information that personally identifies you as an individual. Examples of this type of information would be your name, address, telephone number, email address and other information that personally identifies you. Personal Information also includes data you transmit and/or store on the Danger Service, such as your address book, notes, tasks, pictures and the contents of messages and emails you send and receive.

2. "Anonymous Information" does not personally identify you as an individual. It is information collected without connecting it to any name, address, or other Personal Information. Although this data does not personally identify you, it does provide us with anonymous information about how people are using the Danger Service. For example, Anonymous Information collected by us may describe how many people viewed a particular Web site or used a particular feature of the Danger Service, but this data does not disclose Personal Information of those people.

Personal Information

Danger collects certain information that Personally Identifies you. When you register to become a user of the Danger Service, Danger requests your name. Danger also collects the mobile phone number for the device you are registering and the email address assigned to you as a subscriber to the Danger Service. In addition, if you use your wireless device to access third party products and services, such as instant messaging services, Danger will collect your screen name(s) and password(s) for these services.

By using the Danger Service, you will transmit and store on Danger's servers other Personal Information, such as your address book, notes, tasks, pictures and the contents of emails you send and receive. You may also retrieve email from your existing email accounts with third party services by using protocols such as "POP." When you set up mail accounts through the Danger Service, Danger collects the email addresses and other information associated with these accounts and stores the content of the email messages sent to these accounts on its servers.

Personal Information may also be collected at other times by specifically requesting it from you, such as when you order premium services, when you request other promotional material, when we ask you to complete customer surveys and in other circumstances when you interact with the Danger Service or our employees, agents and contractors working to provide the Danger Service to you.

Anonymous Information

Danger collects and stores Anonymous Information relating to the use of the Danger Service. For example, Danger's servers automatically gather information regarding which Web pages are visited by users of the Danger Service. In addition, Danger collects data regarding subscribers' usage of various features of the Service, such as how many email messages or IM messages are sent by a particular user or by users in the aggregate, the most popular Web sites visited by users of the Service, the number of Web pages viewed at the Danger Service Web Site and other similar information. Similarly, for network monitoring purposes, the Danger Service records how many devices in the aggregate are connected to the Service in particular geographic locations, but the Service does not identify the location of individual devices or subscribers. All of this Anonymous Information gathered from your use of the Danger Service is stored by Danger under an automatically generated identification number that will not be linked to your name or your other Personal Information without your consent, except as specifically provided in the "Use of Anonymous Information" section below.

Private Data and Online Communications

Danger stores certain information on its servers at your request. As described above, you may request that Danger retrieve email messages from email accounts maintained by third parties. The content of instant messaging conversations may also be temporarily stored on Danger's servers pending delivery to your wireless device. In addition, you may store addresses, calendar information, to do lists, notes and photographs on the Danger Service, either through your wireless device or by uploading such information at the Danger Service Web Site. If you input such information directly on your wireless device, it is automatically synchronized with and stored on Danger's servers and is available to you through both the device and the Danger Service Web Site.

HOW DOES DANGER USE THE INFORMATION IT COLLECTS?

Personal Information

Danger collects and uses Personal Information to (a) operate and deliver the Danger Service, (b) process or collect payments and for other billing purposes, (c) to assist with questions about use of the Danger Service, (d) to anticipate and resolve problems with your use of the Danger Service and (e) to alert you to new products, product upgrades, software upgrades, changes to the service, technical and administrative issues, special offers and other information related to the Danger Service.

Anonymous Information

Danger uses Anonymous Information to effectively operate the Danger Service and enhance your experience using the Service. For example, Danger stores cached versions of the Web sites that are most frequently visited by users of the Service so that you can access them more quickly. Danger also uses Anonymous Information to understand how certain features of our Service are being used and to measure the costs of providing certain features. We may also use Anonymous Information to diagnose and correct problems with the Danger Service. In some cases, it may be necessary to link Anonymous Information relating to your use of the Service with you individually in order to correct problems that you may be experiencing with the Danger Service. In general, the collection and use of Anonymous Information allows Danger to analyze the use of the Danger Service to continue to develop and provide improved features and services to our subscribers.

Private Data and Online Communications

Danger honors the confidentiality of your private communications and other private data, whether it is through instant messaging conversations, email messages, or other data stored at your request, such as addresses and calendar information. Danger will not read or disclose to third parties private communications that are transmitted using the Danger Service or private data stored at your request, except as required to operate the Service or as otherwise provided in the Special Circumstances section below.

WITH WHOM DOES DANGER SHARE THE INFORMATION THAT IS COLLECTED?

Personal Information

Danger may share Personal Information with your wireless network operator to further the purposes described in the "How Does Danger Use the Information It Collects" section above. Except in the very limited circumstances outlined in the "Special Circumstances" section below, Danger does not share with your wireless carrier the contents of data you transmit and/or store on the Danger Service, such as the content of your address book, notes, tasks, pictures and the contents of messages and emails you send and receive. Danger will not share your Personal Information with other third parties without your consent, except in the very limited circumstances outlined in the "Special Circumstances" section below. Your Personal Information is not otherwise sold, marketed, or shared with third parties without your permission.

Anonymous Information

Anonymous Information may be shared with third parties for research, analysis, or other similar purposes. Danger will only share Anonymous Information with third parties if the information is disclosed in a manner that does not identify individual subscribers to the third parties concerned.

ARE THERE ANY SPECIAL CIRCUMSTANCES THAT MAY REQUIRE MY INFORMATION TO BE SHARED WITH THIRD PARTIES?

Danger may disclose Personal Information and/or Anonymous Information if Danger or your wireless network operator is required to do so by law or in the good-faith belief that such action is necessary or appropriate to (a) conform to the edicts of the law or comply with legal process served on Danger or your wireless network operator, (b) protect and defend the rights or property of Danger, the Danger Service, your wireless carrier or the users of the Danger Service, whether or not required to do so by law, or (c) protect the personal safety of users of the Danger Service or the public. Danger reserves the right to contact appropriate authorities and disclose Personal or Anonymous Information to them at its discretion when it appears that individuals using our products or services are engaged in activities that are illegal or violate the Danger Service and End-User License Agreement.

Should Danger merge with or be acquired by another company, or if the business unit providing your service were sold to another company, then customer information maintained by Danger, including Personal and Anonymous Information, may be transferred to and used by the resulting combined company. If Danger were to cease operations, this customer data might be transferred to and used by another company, which offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this would provide you with continuity of service.

From time to time, Danger may also share Personal Information with third parties for their use to provide services to Danger in the operation and delivery of the Danger Service, such as to process or collect payments, service accounts, or provide the products and services associated with the Danger Service. Danger may also share Personal Information with third parties for their use to fulfill your requests and purchases of products and services. All such third parties are prohibited from use of such Personal Information except to provide such products and services to Danger and to you, and they are also required to maintain the confidentiality of such Personal Information.

HOW CAN YOU UPDATE OR CORRECT YOUR INFORMATION?

Danger believes in and supports your right to access and edit the Personal Information you have provided us. You may make such changes at the Danger Service Web Site.

DOES DANGER COLLECT INFORMATION FROM CHILDREN UNDER 13?

Danger currently does not knowingly collect or use Personal Information from children under 13, and Danger will not do so in the future without first obtaining verifiable consent from their parents. Should a child whom Danger knows to be under 13 send Personal Information to Danger, Danger will only use that information to respond directly to that child or seek parental consent.

WHAT TYPES OF SECURITY MEASURES ARE IN PLACE TO PROTECT YOUR INFORMATION?

Danger maintains a variety of physical, electronic and procedural safeguards to guard your information. For example, information transmitted from your wireless device to the Danger Service is automatically encrypted for your protection. Once your information reaches us, it resides on a server that is heavily guarded both physically and electronically. In order to prevent unauthorized access into our systems, our servers sit behind an electronic firewall and are not directly connected to the Internet. These technologies and methods increase the security and privacy of information traveling to, from and within the Danger Service. While we cannot guarantee that loss, misuse, or alteration of your data will not occur, we work hard to prevent such occurrences.

Danger also safeguards Personal Information from unauthorized access. Only authorized Danger employees or agents carrying out permitted business functions are permitted to access Personal Information. Employees who violate Danger's privacy access policies are subject to disciplinary actions, including termination when appropriate. In addition, Danger encourages all users of the Danger Service to review the privacy policies posted by the Web sites visited over the Internet, including those linked to from the Danger Service, to ensure that these Web sites also protect Personal Information. Danger is not responsible for Personal Information you provide to such sites or the privacy practices and other polices of such sites.

DOES DANGER USE COOKIES?

Cookies are small text files that are placed on the hard drive of your computer by a Web site you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the site, the site knows who you are and can personalize your visit. In operating the Danger Service Web Site, Danger uses cookies to personalize the site, improve your experience at the site, and to determine which areas and features of the site are most popular. You may set your browser to reject cookies, but this may affect your ability to use some parts of the Danger Service Web Site.

When you access the Internet using your wireless device, the Web sites you visit may use cookies. These cookies may be physically placed on your wireless device, they may be transferred to Danger's servers or may be placed on servers operated by third party Web site operators. This cookie-like functionality is in place for the same reasons and designed for the same purposes as cookies installed on your computer, but information collected from cookies by third parties is subject to their privacy practices rather than Danger's.

As technology advances and cookies provide more functionality, we may utilize them in different ways in the future. As we do so, this Notice will be updated to provide you with more information.

HOW CAN I FIND OUT ABOUT CHANGES TO THIS PRIVACY NOTICE?

Danger may make changes to this Notice from time to time. We will post changes to our Privacy Notice at www.danger.com/legal, so be sure to check back periodically. We may also notify you of significant changes by email or in other ways.

WHAT IF I HAVE OTHER QUESTIONS, COMMENTS, OR CONCERNS ABOUT PRIVACY?

If you have any questions or comments about our use of Personal Information or about this Privacy Notice, please contact us at privacy@danger.com. Danger will use reasonable efforts to promptly investigate any complaint you may have regarding our use of Personal Information and to comply fully with the legal and regulatory supervisory authorities responsible for enforcing our adherence to the privacy principles stated above.



Last Modified: July 12, 2007


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