PRIVACY POLICY
Effective: December 21, 2006
PRIVACY POLICY
Information Gathered by skyrockit
This is skyrockit's ("skyrockit" or "We") online privacy policy for all websites owned or controlled by skyrockit (except as otherwise provided on such site), including www.modtones.com, www.skyrockit.com, www.modtones.com.au, playatmcd.modtones.com, www.mobilefaker.com and for the Modtones and Mobile Faker mobile applications and related services, and other applications provided by skyrockit (except as otherwise indicated in such applications) (collectively the "skyrockit Services"). This policy applies only to transactions entered and information gathered through the skyrockit Services, including the download of ringtones via cellular telephones and other mobile devices, and does not apply to skyrockit activities that are "offline" or unrelated to the skyrockit Services. By using the skyrockit Services, including by downloading ringtones, you agree to accept the practices and terms set forth in this privacy policy.
Children
skyrockit does not knowingly collect personal information from children under the age of 13. skyrockit requests that children under the age of 13 not use the skyrockit Services nor submit any personal information to the skyrockit Services. Since information regarding children under the age of 13 is not collected, skyrockit does not knowingly use or distribute personal information regarding children under the age of 13. If skyrockit obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database.
Non-Personally Identifiable and Aggregate Information
The non-personally identifiable information we may gather includes the type of browser that you use, your gender, age, and IP address, the content that you access and the length of your visit to the skyrockit Services. skyrockit uses this information, typically in aggregate form, to enhance the operation of the skyrockit Services, analyze interest in the areas of the skyrockit Services and to tailor advertising and content display to users and to inform our advertisers about the number of users that have viewed their advertising. We may also release aggregate demographic information about user trends to partners and other third parties, including third-party advertisers on the skyrockit Services. An example of this type of information would be patterns of use of the skyrockit Services based on zip code or age group. We also retain aggregated log files of requested content in order to report overall product usage to content partners and to evaluate user trends.
Personally Identifiable Information
You may also be asked to provide personally identifiable information in order to use certain skyrockit Services and to obtain maintenance and support from skyrockit. This information may include your name, address, telephone number, cellular telephone number, credit card number, and e-mail address. The Modtones mobile applications may automatically gather and report to skyrockit your mobile phone number in order to enable certain skyrockit Services. If you do not want to provide skyrockit with any personally identifiable information, you should cease using the skyrockit Services.
Use and Disclosure of Information
skyrockit does not sell personally identifiable information, such as your name or e-mail address to advertisers. skyrockit may use personally identifying information: To send you notices related to your account and necessary updates. To send you news, our newsletter, updates and special offers from us and our partners, only if you request to receive them. You may remove yourself from this list at any time by clicking on the appropriate unsubscribe button on the skyrockit Services. To manage your account and account access, provide you with software downloads, purchase confirmations, support and customer service and to keep track of support and customer service requests. To provide you with promotions and sweepstakes (see below for more details) To determine the technical capabilities of your mobile device and the appropriate content to deliver to you. To deliver you ringtones and content sent to you by your contacts and friends. skyrockit does disclose personally identifiable information to third parties to resolve service problems and correct errors in the skyrockit Services (including customer inquiries, billing and credit corrections) and to enhance your experience on the skyrockit Services. skyrockit also shares personally identifiable information with our partners that provide us with content and technology, and our agents, representatives, contractors, and service providers in order to provide the skyrockit Services. By using the skyrockit Services, including by downloading ringtones, you consent to our sharing your personally identifiable information with third parties in connection with delivering the skyrockit Services, including without limitation, Qualcomm and our messaging and billing service providers, your wireless service provider and skyrockit's content providers. Due to our contractual obligations with these third parties and the need to share personally identifiable information to deliver and support the skyrockit Services, we cannot provide you with the opportunity to opt-out of sharing personally identifiable information with these third parties.
Your personally identifiable information may be provided to a third party if skyrockit files for bankruptcy, or there is a transfer of the assets or ownership of skyrockit. skyrockit may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. skyrockit may also provide such personally identifiable information order to comply with law or in response to a law enforcement agency's request, to enforce our privacy policy and end user agreements or to protect the rights, property or safety of the skyrockit Services, users of the services and others.
Cookies & Web Beacons
Cookies are small bits of data that are deposited on a user's hard drive. The skyrockit Services utilize Cookies and IP addresses for certain functions. Cookies permit users to store their password and other user information without having to constantly re-enter this data. Cookies also permit skyrockit and our advertisers to tailor the skyrockit Services and advertising to your needs. Some of the advertising served through the skyrockit Services may be supplied by one or more third parties which may also use cookies. Most browsers permit users to decline to accept Cookies, although the default setting is typically to accept them. You may choose to decline the Cookies, but certain functions of the skyrockit Services may not be accessible to you. skyrockit may also use third party advertising companies to serve ads on our behalf across the Internet. They may also use cookies and action tags (also called web beacons or clear GIFs) to collect anonymous information about your visits to our website and other websites in order to measure and improve the effectiveness of ads. They do not collect personally identifiable information.
Other Websites and Services
skyrockit is not responsible for the privacy policies of websites and services to which the skyrockit Services link, or of which the skyrockit Services are a part (e.g. the skyrockit Services are part of the total services offered by your wireless service provider). If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third party's privacy policies before providing any data to them.
Security
skyrockit takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies, though it does not in every case physically segregate your data from that of other users of skyrockit's Services or other services. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the skyrockit Services, and the skyrockit Services and you, will be free from unauthorized access by third parties. Users of the skyrockit Services do so at their own risk. skyrockit cannot guarantee the security of any information that is disclosed online.
Promotions and Sweepstakes
If you chose to enter a promotion, sweepstakes, or contest hosted by skyrockit or sponsored by skyrockit and/or one of our partners, we may ask for your name, address, and email address. You may be asked to provide additional information or to answer certain questions, some of which may be optional, in order to participate. We may contact you in connection with a particular promotion, such as a sweepstakes or contest, in order to update you of your status, administer the promotion, let you know that a promotion has ended, and for other purposes. Promotions that are hosted on the skyrockit Services may be sponsored by skyrockit, may be co-sponsored by skyrockit and another company, or may be sponsored by companies other than skyrockit. Some or all of the data collected during a promotion may be shared with the sponsor(s) or companies indicated on the entry form. We use third-party advertising companies to generate and manage some of our e-mail promotional campaigns. We may share with these companies web site usage information about those visitors to our web site who have received an e-mail as part of such promotional campaigns. This sharing is for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our advertising companies may record the pages you visit on our web site through the use of pixel tags (also called clear gifs).
Reasonable Efforts
We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. We sometimes release beta versions of our products and services, which are further refined before the release of the final version. Because these products and services are still in a test phase, we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome user feedback on any privacy concerns you may have. In light of the above and because of the complex and constantly changing nature of our technology and business, skyrockit does not guarantee error-free performance under this privacy policy. To the extent permissible under law, skyrockit shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy.
Corrections and Updates
If you have any questions or comments about this policy, or wish to delete, modify or update any information skyrockit has received, please contact help@modtones.com.
skyrockit
222 Sutter St, Suite 450
San Francisco, CA 94108
Attention: Privacy Manager
415-814-5512
Modifications of the Privacy Policy