nativeMsg, Inc. (“nativeMsg,” “we” or “us”) has developed and operates social networking applications and a mobile messaging platform (the “nativeMsg Services”). The nativeMsg Services are available through a web site located at nativeMsg.com (“nativeMsg Site”) and also through web pages sponsored by third parties (each a “Sponsor”) that are powered, hosted, developed, managed or administered by nativeMsg. These Sponsor web pages offering the nativeMsg Services will identify the third party Sponsor, but may either have the basic look and feel of the nativeMsg Site (“Standard Sponsor Communities”) or may be branded by Sponsor and offer additional features specific to the Sponsor (“Premium Sponsor Communities”).

This Privacy Policy governs only the information collected by nativeMsg through the: (i) nativeMsg Site; (ii) the nativeMsg Services available through the nativeMsg Site, the Standard Sponsor Communities and the Premium Sponsor Communities that post a link to this Privacy Policy; and (iii) other interactive features or downloads that are owned or controlled by nativeMsg, are available through the nativeMsg Services and post a link to this Privacy Policy. Please review this Privacy Policy carefully. In addition, please review nativeMsg’s Terms of Use, which govern your use of the nativeMsg Services.

JOINING THE nativeMsg SERVICES

In order to use the nativeMsg Services, you must register at the nativeMsg Site, a Standard Sponsor Community or a Premium Sponsor Community and create a unique username and password at that site. During registration we may ask you to provide personal information (“Personal Information”), which is information that would allow someone to identify you personally or contact you, such as name, e-mail address, birth date or telephone number. We may also ask you to provide demographic information, such as zip code or information regarding preferences or hobbies (“Demographic Information”). Once you have registered, you may use your username and password to join additional web sites that offer the nativeMsg Services by following the instructions at that site.

Note that when you sign up to become a member of a Premium Sponsor Community that is powered by the nativeMsg Services, you register both with the Sponsor of that Premium Sponsor Community and with nativeMsg, and the information you provide during registration is jointly obtained by nativeMsg and the Sponsor. Also, when you choose to join a Premium Sponsor Community, the registration information you have provided is automatically obtained by the Sponsor of that Premium Sponsor Community to process your request. Further, anytime you update your registration information or provide additional information to the nativeMsg Services, the updated or additional information is jointly obtained by nativeMsg and all Sponsors of the Premium Sponsor Communities Site(s) you have joined. In addition, other information relating to your use of the nativeMsg Services, such as information relating to postings you make through the nativeMsg Services or Premium Sponsor Communities or Standard Sponsor Communities you join, may also be jointly obtained by nativeMsg and all Sponsors of the Premium Sponsor Communities Site(s) you have joined.

For Standard Sponsor Communities, unless you agree otherwise, when you register with a Standard Sponsor Community you provide your information only to nativeMsg and when you join a Standard Sponsor Community your information is not automatically transferred to the Sponsor of that Standard Sponsor Community.

PLEASE NOTE THAT INFORMATION COLLECTED BY nativeMsg THROUGH THE nativeMsg SERVICES IS GOVERNED BY THIS PRIVACY POLICY AND INFORMATION COLLECTED BY SPONSORS OF THE PREMIUM SPONSOR COMMUNITIES AND THE STANDARD SPONSOR COMMUNITIES THROUGH THE nativeMsg SERVICES IS GOVERNED BY THEIR OWN PRIVACY PRACTICES AND POLICIES. nativeMsg IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES AND POLICIES OF THESE THIRD PARTY SPONSORS.

FURTHER, THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION THAT YOU DISCLOSE PUBLICLY OR SHARE WITH OTHER USERS OF THE nativeMsg SERVICES. THIS INCLUDES, WITHOUT LIMITATION, INFORMATION YOU UPLOAD TO BLOGS, CHAT ROOMS, AND OTHER INTERACTIVE FORUMS AVAILABLE TO MULTIPLE USERS OF THE nativeMsg SERVICES.

INFORMATION COLLECTION

Active Information Collection: nativeMsg may actively request Personal Information at various times, including, without limitation, when you register for the nativeMsg Services (as described above), request to receive commercial messages, contact us with questions, or in the course of any other exchanges of information or transactions with nativeMsg. nativeMsg may also actively collect Demographic Information.

You may choose not to submit Personal Information or Demographic Information, but then you may not be able to take advantage of all the nativeMsg Services. If we link Demographic Information with your Personal Information, we will treat it as Personal Information.

nativeMsg may also provide you opportunities to submit Personal Information about other individuals. For instance, you may choose to send an e-mail invitation to encourage a contact to join a Premium Sponsor Community. We will not use the Personal Information of these other individuals for any other purpose unless we disclose otherwise at the time you provide the information.

We may obtain personally identifiable information about you from third parties, such as Sponsors. We may combine the personally identifiable information we receive from those other sources with information we collect through the nativeMsg Services. In those cases, we will apply this Privacy Policy to any personally identifiable information received, unless otherwise specifically disclosed by us at the time you provide your personally identifiable information.

Passive Information Collection: In addition to any Personal Information you provide to us, nativeMsg uses a variety of technologies that automatically collect non-personally identifiable information (“Non-Personal Web Site Usage Information”) when you use the nativeMsg Services. This information may include, without limitation, web site usage information, browser type, operating system and IP address. nativeMsg may use various methods to collect this information, including, without limitation:

COOKIES: A cookie is a data file that we place on your computer when you use the nativeMsg Services. We may use cookies for many purposes, including, without limitation, tracking user preferences and web pages visited while using the nativeMsg Services. You may disable cookies using your browser’s preferences, but some features of the nativeMsg Services may not function properly or may operate slowly if you disable the cookies.

WEB BEACONS: We may include small graphic images called web beacons, also known as “Internet tags” or “clear gifs,” in our web pages and communications. Web beacons may be invisible to you, but any electronic image inserted into a web page or communication can act as a web beacon. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count visitors to the nativeMsg Services, to monitor how users navigate the nativeMsg Services or to count how many messages (or links, etc.) we sent were actually opened.

MOBILE IDENTIFIERS: Certain mobile service providers uniquely identify mobile devices and we may receive such device information if you access the nativeMsg Services through mobile devices. Certain features of our nativeMsg Services may require collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we may receive this information.

EMBEDDED SCRIPTS: Scripts and other programming code used in the nativeMsg Services may collect non-personally identifiable information regarding use of the nativeMsg Services, such as web pages visited, for how long they are visited and which links are clicked. We may use this information for a number of purposes, for example, to enhance or customize content served to users of the nativeMsg Services.

Non-Personal Web Site Usage Information that nativeMsg collects through passive means may or may not be linked to your Personal Information, but, if we do so, it will be treated as Personal Information.

NOTICE TO PARENTS REGARDING CHILDREN

The nativeMsg Services are not directed to children younger than 13 and are offered only to users 13 years of age or older. nativeMsg does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow children under the age of 13 to register with nativeMsg. In the event that nativeMsg discovers that it collected Personal Information about a child under the age of 13, nativeMsg will delete the information.

USE OF INFORMATION

nativeMsg may use Personal Information, Demographic Information and Non-Personal Web Site Information (collectively, “Information”) as described throughout this Privacy Policy or at the time of collection. In addition, nativeMsg may use the Information to:

  • send you communications;
  • provide you with products or services you have requested;
  • complete a transaction or authorize a purchase that you have requested;
  • contact you regarding a sweepstakes, contest or promotion in which you have participated;
  • improve, enhance or customize user experiences with the nativeMsg Services, including to serve relevant content or advertisements;
  • contact you with regard to your questions or requests; your use of the nativeMsg Services; or, in our discretion, changes to this Privacy Policy, the nativeMsg Terms of Use or other policies; or
  • count or monitor users of the nativeMsg Services or for other internal business purposes.

DISCLOSURE OF INFORMATION

nativeMsg may disclose Information to third parties as described at the time the Information is collected, as set forth throughout this Privacy Policy and under the following circumstances:

THIRD PARTIES: nativeMsg may share your Personal Information with the Sponsors of Standard Sponsor Communities and other third parties if you opt-in to or do not opt-out of such sharing at the time we collect your Personal Information or you otherwise join the nativeMsg Services through a Standard Sponsor Community.

SERVICE PROVIDERS: nativeMsg may share Information with third party service providers so that they may perform certain services for us, such as web site hosting, fulfilling orders, clearing and processing credit card payments, or performing other services on our behalf. These third parties will have access to Information for the purpose of performing such functions on nativeMsg’s behalf.

BUSINESS TRANSFERS: nativeMsg also reserves the right to disclose and transfer Information, including your Personal Information: (i) to a subsequent owner, co-owner or operator of nativeMsg or the nativeMsg Services; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of nativeMsg’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.

LEGAL AND SAFETY OBLIGATIONS: nativeMsg may disclose Information: (i) if nativeMsg is required to respond to subpoenas, court orders, legal process or other valid law enforcement measures or nativeMsg believes in good faith that the law requires disclosure; (ii) at the request of governmental authorities conducting an investigation; (iii) to verify or enforce compliance with the nativeMsg Terms of Use or other policies governing the nativeMsg Services; or (iv) whenever nativeMsg believes disclosure is necessary to limit its legal liability or to protect or enforce the rights, interests, or safety of nativeMsg, users of the nativeMsg Services, Sponsors or other third parties.

SWEEPSTAKES, CONTESTS AND PROMOTIONS: nativeMsg may offer sweepstakes, contests, and other promotions (collectively, “Promotions”) through the nativeMsg Services that may require registration. If you choose to enter a Promotion, Information may be disclosed to third parties in connection with such Promotion, including, without limitation, in connection with winner selection, prize fulfillment and as required by law, such as on a winners list. Also, by entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion.

NON-PERSONAL INFORAMTION: nativeMsg may disclose Demographic Information and Non-Personal Web Site Usage Information, such as aggregated user statistics, to third parties.

THIRD PARTY ADVERTISING

The nativeMsg Services may use third party network advertisers to serve advertisements on the nativeMsg Services and may use a traffic measurement service to analyze traffic on the nativeMsg Services. Network advertisers are third parties that display advertisements based on your visits to the nativeMsg Services and other web sites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. Although advertisers and other companies do not have access to cookies set by the nativeMsg Services, the nativeMsg Services’ third party ad network providers, the advertisers, the sponsors, and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have cookies enabled in your browser. These third party cookies are set to, among other things, help deliver advertisements to you that you might be interested in, to prevent you from seeing the same advertisements too many times, and to conduct research regarding the usefulness of certain advertisements served to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. We do not control third party cookies and web beacons and they are not governed by this Privacy Policy.

THIRD PARTY LINKS

When you are using the nativeMsg Services, you may be directed to other sites or locations that are operated and controlled by third parties. For example, if you “click” on a banner advertisement, the “click” may take you to a different web site. These other web sites may send their own cookies to you, independently collect data or solicit personally identifiable information and may or may not have their own published privacy policies. You should consult that web site’s privacy policy before providing any information.

SECURITY

No data transmission over the Internet or electronic storage of information can be guaranteed to be 100% secure or hacker proof. nativeMsg cannot ensure or warrant the security of any information you transmit to us or through the nativeMsg Services, and you do so at your own risk.

AGREEMENT TO INTERNATIONAL INFORMATION TRANSFERS

The nativeMsg Services are operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing any Personal Information to nativeMsg or by using the nativeMsg Services, you fully understand and consent to this transfer, collection, storage and processing of information in the United States. In addition, you fully understand and consent to the transfer, collection, storage and processing of information outside of the United States by nativeMsg service providers located outside of the United States.

MODIFICATIONS TO THE PRIVACY POLICY

nativeMsg reserves the right, at any time and from time to time, for any reason in our sole discretion and without prior notice or liability, to change, modify, amend and/or update this Privacy Policy. Of course, nativeMsg will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless nativeMsg receives your consent to the new or revised policy.

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