PRIVACY POLICY

This Privacy Policy is effective as of and was last updated on December 14, 2012.

1. General.

This privacy policy (this “Privacy Policy”) is designed to inform you about the type of information that MobiSocial Incorporated (“we,” “us,” or “our”) may gather or collect from you in connection with your use of this app (“Omlet” or this “App”). It also explains the conditions under which we use and disclose that information, and your rights in relation to that information.

The procedures for modifying or changing this Privacy Policy in the future are discussed in Section 7 of this document.

2. Children.

This App is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13.

3. Our Collection, Use and Disclosure of Personally–Identifying Information.

“Personally–Identifying Information,” is information such as a name or email address that, without more, can be directly associated with a specific person or entity. We will not disclose your Personally-Identifying Information to third parties unless we obtain your permission to do so at the time we collect it, except as set forth below:

     A. Collecting Personally-Identifying Information from and about App Users.

i. Registration and Other Information Provided to Us.
When you register to use this App, you may be asked to disclose Personally–Identifying Information including without limitation your name, email address and your profile photo.

During the registration process you will see a pop up window that states “Omlet would like to access your contacts.” If you click “OK” and affirmatively opt-in, we will collect the contacts stored locally on your mobile device. This information may contain Personally-Identifiable Information about you and your contacts. If you decide that you no longer want us to continue collecting the contacts stored locally on your mobile device, and you are using a device running iOS6 or higher, you may revoke your consent by pressing the Settings icon, pressing on the privacy section, pressing on “Contacts,” pressing on Omlet in the application list and toggling the switch for contacts from on to off. (If you are running iOS5 or an earlier operating system, this opt-out feature is not available.)

You may also submit Personally-Identifying Information to us when you send us a written or verbal comment or note. For example, if you submit a verbal, recorded message to us, you can tell us Personally-Identifying Information in your message, and you may attach your photo to the verbal message.

          ii. Your Use of Our Text and Audio Messaging Service

You may use the text messaging service on Omlet to send your contacts text messages. If you use this service, you may include Personally-Identifying Information (such as your name, address, photo or phone number) in a text message that you send to your friends via Omlet. If you elect to include Personally-Identifying Information in the conversations you have on Omlet, you will provide that Personally-Identifying Information to us.
You may also use the “Record Audio” messaging service to record verbal messages and include them in your text messages. If you use this service, you may include Personally-Identifying Information (such as your name, phone number or address) in your recorded message. If you elect to include Personally-Identifying Information in the messages you record, you will provide that Personally-Identifying Information to us.

          iii. Your Use of “Share Functionality” on Omlet.

You may sign into Omlet using third party accounts such as your Gmail account or Yahoo! email account. If you elect to use this feature, you will provide us with Personally-Identifying Information associated with your third party accounts, including without limitation: your name, email address, phone number, profile photo URL. We will also display a pop up window asking you if we can access your contacts associated with this third party account. If you click “ok,” we will import your contacts from your third party account(s) to Omlet, and in so doing, you will provide us with Personally-Identifying Information about your friends that you have stored in your contact list on that third party account.

          iv. Your Use of Our Photo Album Service

You may use the camera in Omlet to take a photo with your mobile device and directly insert the photo into a conversation you are having on Omlet. You may also insert a photo from your mobile device cameral roll into a conversation you are having on Omlet. If you use this service, the App will save all photos you include in Omlet chats to a photo album on Omlet. Your photos may contain Personally-Identifying Information including without limitation, your image. If you use this feature and choose to include Personally-Identifying Information in your images, you will provide that Personally-Identifying Information to us.

          v. Your Use of “Inviting Nearby People to Chat” on Omlet.

You may broadcast your location in two ways:

1. You may elect to broadcast your location to all other Omlet users who are within a mile radius (the “Group Range”) of where you so that you can chat with them. To broadcast your location, tap on wrench icon on the bottom right hand side of the main menu bar, click on the “Share Yourself” bar, and either share your location for an hour or always by selecting the applicable option. Once you broadcast that you are in a location, your location will be available for other Omlet users in the Group Range to join for amount of time you selected. (In the future we may give you the option of broadcasting your conversations for additional amounts of time.) If you use this feature, other Omlet users who are in the Group Range will see your name and email address on the people tab at the top of the application. If another Omlet user clicks on your name, they will start a chat with you.

2. You may elect to broadcast your location only to Omlet users you know and who are within the Group Range by attaching a pin code to the broadcast. To broadcast a chat with a pin code, start a chat, press the action button, press the orange circle and choose share with a pin. The other Omlet users in your conversation who are within the Group Range will receive the pin, and they may use the pin to join your conversation.

If you broadcast your location in either of these two ways, we will collect information about your geographic location. We will know your location to within a mile.) If you join a conversation that is broadcasted in either of these two ways, we will also collect information about your geographic location, and we will know your location to within a mile.

You may opt out of broadcasting your location by tapping on the wrench icon on the bottom right hand side of the main menu bar, clicking on the “Share Yourself” bar, and selecting “disable.” This will permanently disable the Invite Nearby People to Chat feature on the App. You may also configure the operating system on your mobile device to prohibit us from collecting your geo-location information. If you configure your mobile device to prohibit us from collecting your geo-location information, you will not be able to join a broadcast conversation or broadcast a conversation unless you re-configure the systems settings in your mobile device to permit us to track your location. Please consult your device manual for instructions on how to do this.

If unwanted members join a group they can be removed from the conversation by going to the Actions screen and swiping on their contact information.

IF YOU DO NOT WANT US TO COLLECT YOUR GEO-LOCATION INFORMATION, PLEASE DO NOT USE THE INVITING NEARBY PEOPLE TO CHAT SERVICE.

          vi. Use of “Check In” Service on Omlet.

When you are having a conversation with your friends, you may decide to share your location with your friends during that conversation. If you decide to use this feature, we will present you with a pop-up notice saying that Omlet would like to use your current location. If you click “OK” and opt-in to give us consent, we will collect information about your geographic location including without limitation your GPS coordinates, address and a map of where you are located. (We will know your location to within a mile.)

To delete a “Check In” post, navigate to the chat where the checking post is located, scroll until the checking post is on the screen, swipe the post horizontally, when the “Delete” button appears, press it.
IF YOU DO NOT WANT US TO COLLECT YOUR GEO-LOCATION INFORMATION, PLEASE DO NOT USE THE “CHECK IN” SERVICE.

     B. Use of Personally-Identifying Information.
Except as described in Section 3(B)(i), we may use the Personally-Identifying Information that you submit to us (including without limitation, Personally-Identifying Information about your contacts) for any purpose relating to the operation of Omlet and for our general business purposes. For example, we may use Personally-Identifying Information: (i) during the registration process to verify your identity the first time you sign in to use Omlet; (ii) to perform surveys as indicated in Section 3(C)(vi) below; (iii) perform the services you request such as inserting a photo in a conversation or inviting other Omlet users who are near you to chat; and (iv) to send you marketing materials we think may be of interest to you as indicated in Section 3(C)(xi) below.

          i. Our Use of Your Geo-Location Information.

If you use our “Inviting Nearby People to Chat” feature to broadcast a conversation or join a broadcasted conversation, we will store your current location for up to 24 hours, and we will use this information only for the purpose of making the “Inviting Nearby People to Chat” feature available to you. We delete the previous approximate location whenever your device provides a new estimate of your location or if you decide to stop broadcasting a chat that you broadcast. (To stop broadcasting a conversation, please see the instructions in Section 3(A)(v) above.)

If you use our “Check In” feature, we will store the geo-location information we collect about you on our servers, and we will use this information to generate a map that shows precisely where you are located. We make this map available to your friends who are participating in your conversation. The location information remains on our servers as long as your chat history. You can choose to delete a Check In “post” at any time and it will be removed from our server. (To delete a “Check In” post, please see the instructions in Section 3(A)(vi) above.)

     C. Disclosure of Personally-Identifying Information.

We may disclose Personally-Identifying Information in the following circumstances:

          i. “Join A Nearby Group Feature”

If you broadcast a conversation, we will send your geo-location information and email address to the devices of Omlet users who are within a mile of your location.
If you join a broadcasted conversation, we will send your geo-location information and email address to the device of the user who broadcast the conversation and anyone else who is a part of the conversation.

          ii. Check In Feature.

If you use the “Map Your Location” feature, we will send your friends who are participating in your conversation a map with your location along with the name of the nearest landmark or address.

          iii. Notices of Violations of App EULA and Other Communications Directed to Us.

By submitting correspondence to us (including communications about content stored on or transmitted through this App), you consent to have this communication forwarded to the person or entity that relate to your communications in order to facilitate a prompt resolution.

          iv. Surveys.

From time to time, we may also ask you to participate in surveys for our general business and marketing purposes. Any Personally-Identifying Information provided to us in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non-personally-identifying, aggregated form.

          v. Contests, Giveaways and other Promotions.

From time to time, we may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will be given the option to consent to the use of your Personally-Identifying Information at the time you sign up for the promotion. You will not be required to participate in any promotion.

          vi. Employees, Third-Party Processors and Third-Party Service Providers.

We may disclose Personally-Identifying Information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers who process Personally-Identifying Information on our behalf, participate with us in the provision or operation of this App or provide you with services.

          vii. By Law, to Protect Rights and to Comply with Our Policies.

We disclose Personally-Identifying information if: (1) required to do so by law, or in response to a subpoena or court order; (2) we believe in our sole discretion that disclosure is reasonably necessary to comply with the law, protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (3) we believe that you have abused the service or have otherwise violated applicable laws.

          viii. Business Transfers.

We may transfer all Personally-Identifying Information in our possession to a successor entity in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and you affirmatively opt-in to accept it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor entity.

          ix. Marketing Communications.

We may email you about products and services that we believe may be of interest to you. If you wish to opt-out of receiving marketing materials from us, please follow the instructions at the bottom of each email for opting out.

4. Gathering, Use and Disclosure of Non-Personally-Identifying Information.

“Non–Personally–Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.

     A. Gathering Non-Personally-Identifying Information.

We may automatically, in connection with your use of the App software, collect certain Non-Personally-Identifying Information, including without limitation: (i) the number of times you share data on the App; (ii) the type of data you share (photos, videos, etc.); (iii) the amount of time you use the app; and (iv) compliance with the Omlet EULA http://omlet.me/legal/eula-ios.html (collectively, “Usage Information”). By installing Omlet, you agree to permit us to collect your Usage Information, and not to make any attempt to manipulate or falsify your Usage Information. If you do not want us to collect your Usage Information, please do not download or install the App.

     B. Use of Non-Personally-Identifying Information.

We analyze Non–Personally–Identifying Information (such as Usage Information) gathered from users of this App to help us better understand how this App is being used. By identifying patterns and trends in usage, we are able to better design this App to improve your experiences, both in terms of content and ease of use. We may link Non-Personally-Identifying Information to Personally-Identifying Information.

     C. Disclosure of Non-Personally-Identifying Information.
From time to time, we may also release the Non–Personally–Identifying Information gathered from App users in the aggregate, such as by publishing a report on trends in the usage of this App. We will not publish Personally-Identifying Information in connection with such reports.

5. Collection and Use of Information by Third Parties.

This App may utilize social networking or “share functionality” or may contain links to or otherwise make available third party sites or services that are not owned or controlled by us. For example, you may choose to use: (a) Dropbox or other third party backup and restore services to back-up your photos, your conversations and Personally-Identifying Information that is stored on your mobile device; (b) Gmail share functionality to import your address book to your mobile device for the purpose of using Omlet or (c) Aviary to add stickers to your photos. Furthermore, the companies that own the app stores from which you download Omlet may collect information, including Personally-Identifiable Information, about you and your use of Omlet.

We have no control over, and assume no responsibility for, any “share functionality” or the content, privacy policies, or practices of any third parties, including without limitation Google, Inc. and Apple, Inc. These third parties’ privacy policies (not this Privacy Policy) govern their collection, use and disclosure of your Personally-Identifying Information. You are subject to the policies of those third parties where applicable. By using this App, you expressly relieve us from any and all liability arising from your use of any share functionality or third-party site accessed from Omlet. We encourage you to review these third parties’ privacy policies and other legal documents before you disclose your Personally-Identifying Information to them.

6. Security.

We follow generally accepted industry standards to protect the information we collect and store. That said, no data security measures are 100% secure. Therefore, while we implement reasonable physical, technical, and administrative measures to protect the information we collect, we cannot guarantee its absolute security.
The content you create or submit through Omlet may be stored locally on your device. You should take steps to secure your mobile device including without limitation, setting a security password.
Furthermore, you may transmit content you create or submit through Omlet to third parties via wireless or wired networks. We do not control your transmission of content via Omlet over wireless and wired networks, and your wireless and wired networks may not be inherently secure.

7. Privacy Policy Changes.

Because of changes in technology and the growth and development of our business, or for other business reasons, we may need to modify this Privacy Policy from time to time. We will alert you by posting a copy of the new policy with its effective date on our site located at: http://omlet.me/legal/privacy-ios.html. We will also display the new privacy policy on the app the next time you open it and will ask you to click to accept any material changes to this Privacy Policy before you may continue to use Omlet. If you do not click to accept the revised privacy policy when we ask you to do so, you may not continue to use Omlet.