Filemobile Privacy Policy

Effective: January 1, 2012

This online privacy policy (“Privacy Policy”) describes the types of information Crowdspark Inc. (“Filemobile”, “we”, or “us”) gathers from those persons visiting the Internet website www.crowdspark.com and through Filemobile’s services including the Media Factory Internet website mediafactory.fm (the “Filemobile Service”) (collectively referred to as the “Site”) and how we use that information. By accessing the Site, you agree to be bound by the Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Each time you use the Site, the current version of the Privacy Policy will apply. Accordingly, when you use the Site, you should check the date of this Privacy Policy (which appears at the top) and review any changes since the last version.

This Privacy Policy does not address any Crowdspark client or other third party use of the Crowdspark Services and/or any Internet websites other than the Site, or the collection, use or disclosure of information by such parties.

1. GENERAL

We may collect two types of information from users of our Site: “personally identifiable information” (such as name and e-mail address) and “aggregate information” (such as frequency of visits to the Site, search terms entered, Site pages most frequently accessed, browser type, etc.).

2. COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION

We collect personally identifiable information that is voluntarily provided by users of the Site when users want to subscribe to our newsletter or would like for a Filemobile representative to contact them. If you want to receive our newsletter, you will be required to provide your e-mail address. If you would like for a Crowdspark representative to contact you, you will be required to provide your name, email address and/or telephone number. We use this personally identifiable information to communicate with you about your inquiry or request and to send you our newsletter and other information.

3. COLLECTION AND USE OF AGGREGATE INFORMATION

We also collect aggregate information, which is non-personally identifiable/anonymous information, from all users of the Site. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. We use aggregate information to help us develop and improve our Site and to improve visitors’ experiences on the Site.

4. COLLECTION AND USE OF IP ADDRESSES

In addition, we collect IP addresses to obtain aggregate information on the Site. An IP address is a number assigned to your computer by a web server when you are on the web. When you are on our Site, we have a back-end server that logs your computer’s IP address. We only use the information we find out from tracking IP addresses in the aggregate, such as how many users entered a specific area of our Site, and not to track a specific IP address to identify an individual user. However, we may use such information to identify a user if we feel that there are or may be safety and/or security issues or to comply with legal requirements.

5. SHARING, SELLING, AND TRADING PERSONALLY IDENTIFIABLE INFORMATION COLLECTED ONLINE WITH THIRD PARTIES

We will not share, rent, sell or otherwise disclose personally identifiable information collected on the Site to third parties for such parties’ own marketing and promotional purposes. In the following circumstances we may share or transfer personally identifiable information collected on the Site to unrelated third parties: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on us, (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of our company; or (iv) when we believe it is appropriate to do so to protect the rights, property, or safety of visitors to our Site or other persons.

6. SHARING, SELLING AND TRADING AGGREGATE INFORMATION COLLECTED ONLINE WITH THIRD PARTIES

We may sell, share or trade compiled aggregate information relating to activity on the Site, with third parties for marketing, research and other purposes. No single person can be identified by such aggregate information.

7. MESSAGE BOARDS/BLOGS

On the Site, we provide a blog section where visitors can post comments and messages for others to read. We may collect technical information about your post, such as the IP address from which you posted, and associate this information with your comments. Even if comments are deleted, we may retain copies and attendant information indefinitely. When you post comments to the blog section of the Site, certain personally identifiable information may be available to the public. You will be given the option to post your comments anonymously. Also note that any personally identifiable information you include in the body of your comments will be available to the public so it is important for you to exercise discretion and appropriate caution when deciding to reveal personally identifiable information in these areas.

8. USE OF COOKIES

Cookies are pieces of information which websites transfer to your computer’s web browser for storage on your computer’s hard drive. We use cookies to measure activity on our Site, which allows us to improve navigation throughout the Site. In addition, cookies on the Site may contain information (such as an unique user ID), which tracks the pages of the Site you have visited. This information allows us to make updates to enhance your experience. Parts of the Site will not function if you do not have cookies enabled. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you turn off cookies or refuse them, though, you will not be able to use every portion of our Site.

9. CHILDREN AND PRIVACY

The Site is not marketed to or directed towards children. Nevertheless, it is possible for children to publicly post or distribute personally identifiable contact information without prior parental consent within the Site. No communication, however, will be sent to anyone or information collected from anyone who indicates that they are younger than 16 years old without their parents' permission.

10. SECURITY

We restrict access to personally identifiable information collected from visitors of our Site to our employees who need to know that information in order to provide services to you. In addition, we make reasonable efforts to follow generally accepted industry standards to protect the personally identifiable information submitted to us. No method of transmission over the Internet, or method of electronic storage, however, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.

IN NO EVENT WILL FILEMOBILE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE (“RELEASED PARTIES”) BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN WHERE THE RELEASED PARTIES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. LINKS TO OTHER WEBSITES

This Site contains links to websites operated by other people or companies. Those websites may have their own privacy policy or no privacy policy at all. We do not control the content of those websites and take no responsibility for their content, nor should it be implied that we endorse or otherwise recommend such sites or the products or services offered. We encourage you to review the privacy policies and terms of use of any third party sites.

12. BUSINESS TRANSFERS

In the event that we sell substantially all of our assets, or one of our business units is acquired, personally identifiable information of visitors to the Site and aggregate information will likely be one of the transferred assets.

13. CHANGES TO THIS POLICY

We reserve the right to update or modify this Policy, at any time and without prior notice, by posting the revised version of this Policy on our Site.