MOBILESMITH PRIVACY POLICY

Introduction

Your privacy is very important to us.  We are MobileSmith, Inc. (a Delaware corporation), and we post this Privacy Policy so that you are aware of the information we collect, how it is handled, and with whom it is shared.  If you need to contact us, please do so here. The MobileSmith sites are websites (and their associated web pages) under our control on which this Policy is posted.  The MobileSmith sites include a variety of information and resources, including information about our products and services, our company, and our events.  The MobileSmith sites also include services to facilitate providing you with additional information, or allowing you ways to communicate with us and others.  In making it easier for communication, we allow you to register on our websites, and provide various information about yourself.  This registration process may allow you to sign-up for newsletters, download information, complete surveys, sign up for webinars, submit resumes for employment with us, share our blogs and postings with others, make comments to our blogs, make investor requests about our company, or allow for us to contact you for follow-up conversations about our services Please note that when you link to other sites from MobileSmith sites, this Privacy Policy does not apply, and we cannot control the activities of those other sites. Who And What Are Not Covered By This Privacy Policy You must be 13 years of age, or older, to visit or use MobileSmith sites in any manner, and if under the age of 18 (or the age of majority as that is defined in your jurisdiction), you must use MobileSmith sites under the supervision of a parent, legal guardian, or other responsible adult. If any of our sites deal with information not specifically mentioned in this Policy, then such information is not covered by this Policy.  For example, this Policy does not cover data that we collect offline, through email or on the phone, on businesses or legal entities, on our employees, or through other third-party sites. Please realize that personal information you submit through resumes, or other uploaded or transmitted documents, is also not subject to this Privacy Policy.

Information You Provide To Us

Unless we otherwise described a situation about gathering information from you in this Policy, it will be obvious to you that you are providing information (as we generally seek only to collect personal information that you provide on a voluntary basis). You are allowed to use many features of MobileSmith sites without any ‘registration’ or providing any information, and therefore use such features anonymously.  For example, you can watch our video demonstration of the MobileSmith Platform anonymously. Please understand that even when using our sites anonymously, your web browser or client software may transmit certain geographic information, or information regarding your choices while on our websites. For some activities, we may ask you to register or provide information, such as a valid e-mail address, various contact information, and information about you and (if applicable) your company.  This information may include even more detailed information (for example, through your use of our survey), but it will be obvious to you that you are providing such information. If you access us through Facebook, Inc.’s website, then Facebook may provide us:  your name, email, gender, birthday, current city, and profile picture (collectively “Basic Account Information”).  Certain other similar-type websites may also provide similar-type information to us.  We may collect, store, and use this type of information in the same manner as information that you provide to us directly. We may use “cookies” (small pieces of data stored for an extended period of time on your computer, mobile phone, or other device) for individual sessions when you visit, in order to facilitate your use of our websites.  These “session cookies,” however, cannot be used to determine a visitor’s actions on our web sites, and we do not use ‘third party tracking’ cookies to track your actions on our websites. We do not collect IP addresses of anonymous users.

Information You Provide Others Through Our Sites

We do not post advertisements for others on our websites and therefore you cannot share personally identifiable information through your selecting of advertisements on our sites (as may occur on other websites).  Again, however, please remember that when you link to sites (for example, Twitter, Facebook, or LinkedIn) from MobileSmith sites, this Privacy Policy does not apply, and we cannot control the activities of those other sites. We provide areas on our websites where you can post comments, and information about yourself (and others).  Such postings are governed by our Terms of Use.  In addition, such postings may appear on other websites or when searches are executed on the subject of your posting.  Also, whenever you voluntarily disclose personal information on such publicly viewable web pages (such as ours), that information will be publicly available and can be collected and used by others.  For example, if you post your email address, you may receive unsolicited messages.  We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information.

Situations In Which We Share Your Information With Others

 We share your information with third parties if we believe such sharing is permitted by you, reasonably necessary to offer our services, or when legally required to do so.  We highly regard your privacy, and will not share your information except as detailed here.  We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the law requires the response.  We may also share information when we have a good faith belief it is necessary to prevent threats against our web services.  This may include sharing information with other companies, lawyers, courts, or other government entities.  Because of the nature of our websites, such disclosure is not common and is virtually non-existent. If the ownership of all or substantially all of our business changes, we may transfer any information we may have to the new owner so that the service can continue to operate.  In such a case, your information would remain subject to the promises made in any pre-existing Privacy Policy.

How We Use Your Information

We use your information to offer our services and features to you, to measure and improve those services and features, in connection with our sales department, and to supply you with customer support.  From time to time, we may contact you by using the information you provide with service-related announcements, news about our company, to follow up on our services and information, or to sell you our services. Again, your web browser or client software may transmit certain geographic information, or information regarding your choices while on our websites.  We may use this information, and other information that you provide us, to generate aggregate statistics about our user community, and may provide such information to our partners.  In addition, we may use such information for site security or system integrity (the prevention of hacking, bots, spiders, etc.). We may monitor use of the products and services on our sites, and use such information for internal business purposes. We reserve the right to offer third party services and products to you based on the preferences that you identify, and such offers may be made by us, or by third parties. As a convenience to you, MobileSmith may provide links on our websites to websites operated by other persons and entities.

Security of Data

MobileSmith makes no representation regarding the security of our websites, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through our sites. If a password is used in registering, when commenting on our blogs, and when providing personal information, it is your responsibility to keep your password confidential.  Do not share this information with anyone.  If you are sharing a computer with anyone, you should always log out before leaving our websites to protect access to your information. While we take steps to limit access to your information, please be aware that such steps are not perfect, and we cannot guarantee that the information you share with us could never become publicly available. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.

Other Terms

We reserve the right to modify this Privacy Policy at any time, so please review as appropriate.  If we make material changes to this policy, we may notify you here, by means of a notice on our home page, another appropriate location, by other contact methods, or not at all. If you ever remove information from your profile, or modify your postings, copies of that information may still remain accessible through third-party platforms through the use of caches, or other methods, or to us because of the way we backup our systems. International users:  Our websites are controlled, operated and administered by MobileSmith and its service provider from offices within the United States of America.  MobileSmith makes no representation, except as expressly otherwise provided in writing to you, that materials on our sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.  If you access our sites from locations outside of the United States of America, then you are responsible to insure that they comply with all local laws before using them.  These Terms of Use are governed by the laws of the state of North Carolina, U.S.A., without regard to conflict of laws provisions, or principles. This Privacy Policy was last updated on September 10, 2013.