Last revised September 25, 2013

This Privacy Policy (the “Privacy Policy”) explains how the software Mobile App entitled “MobileDay” (“Mobile App”) that was created by MobileDay Inc., (“Developer”) collects, stores, uses, and discloses information from you when you use the Mobile App.  If you do not agree with or are not willing to comply with any portion of this Privacy Policy, do not download or use the Mobile App.

Registration Information

When you register and download the Mobile App, Developer will collect your email address (which may contain your name), password, the date and time at which you registered to use the Mobile App and accepted the MobileDay Terms of Service and this Privacy Policy, a record of the method by which you registered, and a Unique User ID (“UUID”) for the wireless phone, tablet, or other mobile Device (each a “Device”) on which you install the Mobile app (collectively, your “Registration Information”).  Developer may use your Registration information to contact you from time to time with information regarding the Mobile App or Developer’s services, including sending email messages to your registration email address.

Device Information

Developer collects the following device information that is generated by your use of the Mobile App; operating system, type, and wireless carrier for your Device (“Device Information”).  Developer uses Device Information to improve the Mobile App and to make software updates, product support and other services more relevant to its users.

Conference Account Information

Developer collects the following conference account information that is entered by you in the Conference Services section of the Mobile App: service name, telephone numbers and host/guest IDs and PINs (“Conference Account Information”).  Developer uses Conference Account information to provide the functionality of the Mobile App and restore your profile should you reload the Mobile App on your Device or purchase another device at a later date.  Conference Account Information is maintained permanently or will be deleted within 60 days if you a) delete the desired conference account from the Conference Services section of the Mobile App or b) you contact the Developer via email at [email protected] requesting to delete it.  You also grant Developer a license to use any Conference Account Information you provide to enhance its products and services including building a directory of telephone numbers for Conferencing Services and analyzing call in mechanisms for those Conferencing Services.

Calendar Information

Developer collects the following conference information contained in your calendar invites when you use the Mobile App; actual and potential telephone numbers for calls and conference calls (“Conference Information”).  Developer uses Conference Information to provide the functionality of the Mobile App and to connect you to your designated Conferencing Service.

The Mobile App does access the Calendar on your device.  With the exception of the Conference Information described above, the Calendar information on your device is not exported from your device.

Location Information

The Mobile App does use Location Services on your device; however, this information is not exported from your device.

Contact Information

The Mobile App does access the Contacts on your device; however, this information is not exported from your device.

The Mobile App does send dialing instructions to the Phone on your device when requested by you to make a call.  The telephone number and date are collected by the Developer.

The Mobile App includes a feature that enables you to email or SMS meeting participants.  If you choose to use this feature, the Mobile App accesses the contact information in your Contacts to identify the right email address or SMS number to use, however, this information is not exported from your device.

The Mobile App also includes a feature that enables you to send an email to the Developer and provide feedback on your experience using the Mobile App.  If you choose to use this feature, the Mobile App accesses the default email account you already have set up on your Device.

Salesforce Information

The Mobile App includes a feature that enables you to log into Salesforce and auto-populate Log A Call and New Event activities directly into Salesforce. The Mobile App accesses your Salesforce information; however, this information is not exported from your device.

Usage Information

Developer does collect the following usage information that is generated by your use of the Mobile App: date, time, and duration for each use of the Mobile App (“Usage Information”).

Website Information

The website has a feature that enables you to text a mobile number to a Device. If you choose to use this feature, the Developer and the third party providing this service will have a record of the mobile number that you entered. The Developer will not use this mobile number to contact you.

Disclosure and Sharing of Your Information

You agree that Developer may share some or all of the following information with its third party service providers for the purpose of analyzing your use of the Mobile App and improving the Mobile App and Developer’s other products and services: your email address, the date, time, and method by which you registered the app, the UUID, the dial-in numbers for calls and Conferencing Services you called using the MobileDay app, your Usage Information, and general information about your interactions with the Mobile App (collectively, “Tracking Information”). Developer will only share the minimum portion of your Tracking Information necessary to provide the Conferencing Service and improve the Mobile App relevant to your activity.

Developer may also disclose any information you provide or it collects including your Registration Information, Usage Information, Tracking Information, Conference Account Information, and Conference Information as required by law, such as to comply with a subpoena, or similar legal process, or when Developer believes in good faith that disclosure is necessary to protect its rights, your safety or the safety of others, or to investigate fraud, or respond to a government request.  Developer does not have any access to any of the personal information or credit card information that you have provided to Apple or Google in order to register for their services.  You should be familiar with the privacy practices of both Apple and Google before providing such information.

Finally, you agree that Developer may transfer all information you provide, including your Registration Information, Device Information, Conference Account Information, Conference Information in the event of a sale, merger, dissolution, bankruptcy, corporate reformation or other corporate restructuring of Developer, or in the event that Developer sells, assigns, or transfers substantially all of its rights in the Mobile App.

Opt-Out

You may opt-out of providing information to Developer at any time by uninstalling the Mobile App using the standard uninstall processes available on your mobile device or via the applicable mobile application marketplace or store.

Children

The Mobile App is not directed to children under the age of 13.  If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at [email protected]  We will delete such information from our files within a reasonable time.

Security

Developer takes commercially reasonable steps to help protect your information against loss, misuse and unauthorized access, or disclosure.  However, you agree that by using the Mobile App to connect your Device to a Conferencing Service, you are choosing to transmit audio and/or images via such Conferencing Service.  You further agree that Developer has no control over, and does not examine, review, access, record, or store, any communication transmitted by you or any other participant in a teleconference via a Conferencing Service.  You agree to defend, indemnify, release, discharge and hold harmless Developer, its officers, directors, employees, affiliates and suppliers from and against any and all claims and demands including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with your use of the Mobile App, Conferencing Service and your Device to transmit such images and/or audio.  Developer expressly disclaims any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your information.

Your Consent

By using the Mobile App, you are consenting to the use and processing of your information as set forth in these Terms, all of which activities will take place in the United States.  If you reside outside the U.S. your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards.  By using the Mobile App and providing information to us, you consent to such transfer to, and processing in, the U.S.

Not To Users Outside Of The United States

Your personal information, including Registration Information, (“Personal Data”) may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. We adhere to and and have certified our compliance with the Safe Harbor Privacy Principles, including notice, choice, onward transfer, security, data integrity, access, and enforcement, of the United States/European Union Data Protection Safe Harbor Framework and the United States/Switzerland Data Protection Safe Harbor Framework, both of which are made available by the U.S. Department of Commerce at http://www.export.gov/safeharbor. Our certification can also be viewed at http://www.export.gov/safeharbor.

Dispute Resolution

If you believe that Developer has not adhered to this Privacy Policy, please contact Developer by e-mail at [email protected] We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Developer are unable to reach a resolution to the dispute, you and First to File will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org).

Contact Developer

If you have any questions regarding privacy while using the Mobile App, or have questions about Developer’s practices, please contact Developer via email at [email protected]