PRIVACY NOTICE

Socialbomb, Inc. ("Socialbomb") values the privacy of our customers, users, and others who use the mobile phone applications, www.socialbomb.com, and other web sites, services, and content (e.g., widgets, feeds, and applications) owned or operated by Socialbomb (the "Socialbomb Services") (such customers or users, collectively or individually, "Users"). This Privacy Notice governs the Socialbomb Services.

The great majority of our Users will use the Socialbomb Services for harmless and fun entertainment and social purposes. However, please note that by its very nature, your location, photographic image, and other personal information which you transmit to Socialbomb for use as part of the Socialbomb Services (e.g., Social Networking, games, etc.) are subject to abuse, misuse, and over-monitoring by others including, perhaps, by your friends, family, or acquaintances. The Socialbomb Services do not contain separate privacy controls. All privacy controls for your personal data transmitted to the Socialbomb Services through synchronization with your Facebook account is managed through your Facebook account. Please manage your own privacy preferences for the Socialbomb Services, on an ongoing basis, through your Facebook account.

Please be aware that any personal data or location that you voluntarily disclose online - such as when you use Socialbomb Services, and provide Socialbomb Services access to User Facebook or Twitter accounts, etc. – may become publicly available and could be read, collected, and used by others and could be used to send you unsolicited messages. Your personal data obtained from your Facebook or Twitter account will be shared publicly in accordance with the privacy settings you have applied to the personal data that is contained on your Facebook or Twitter account. Socialbomb is not responsible for the personal data, profile, or location information that you choose to disclose on the Socialbomb Services through synchronization with your Facebook or Twitter account.

GENERAL INFORMATION:

This Privacy Notice details important information regarding the use and disclosure of User information collected through the Socialbomb Services. Socialbomb provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Socialbomb Services.

This Privacy Notice is incorporated into and is subject to the Socialbomb Terms of Use. Your use of the Socialbomb Services and any personal information you provide on the Socialbomb Services remains subject to the terms of this Privacy Notice and the Terms of Use.

IMPORTANT DISCLOSURES AND CONSENTS:

·       Data and messaging (including SMS text messages) plans may be required to use the Socialbomb Services. If Socialbomb requires the use of SMS text messages, standard data and messaging charges, fees, and taxes from your carrier will apply.

·       To provide Socialbomb Location Services, we collect, maintain, use, and display your personal data and the geographic location of your mobile device (we call this location fix of your mobile device "location information" or "geo-location").

·       Socialbomb does not show your phone's current geo-location to your selected "Socialbomb Friends" on your iPhone or other device that has access to Socialbomb Location Services, when the Socialbomb app is not open and running. At present, for the purposes of Socialbomb Location Services, your Socialbomb Friends are the same persons as those identified as Facebook Friends on Facebook.

·       In order to subscribe to the Socialbomb Services, you must consent to: (a) Socialbomb having access to your Facebook or Twitter account information; (b) where applicable, the use of your phone's location to provide Socialbomb Location Services to you, including the display & disclosure of that location information to your Socialbomb Friends and within your geo-tagged messages & content, if any; and (c) receive text messages from Socialbomb to the extent that becomes part of the procedures for using Socialbomb Services.

Socialbomb Services default privacy settings are the privacy settings used with your Facebook or Twitter account – Socialbomb Services do not currently provide the ability to separately set your privacy settings for use with the Socialbomb Services. Changing these settings is easy - just make adjustments to the privacy settings related to your Facebook or Twitter account. Those settings will be synchronized with your Socialbomb Services account every twenty-four (24) hours.

THE INFORMATION SOCIALBOMB COLLECTS:

·       "REGISTRATION INFORMATION": Socialbomb receives from Facebook and Twitter certain personal data (such as your name, date of birth, and the like) about you when you chose to subscribe to the Socialbomb Services, including synchronized information (including text and photographic material) from your Facebook and Twitter accounts.

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·       "PROFILE INFORMATION": When using the Socialbomb Services you provide certain other personal information and content that will be publicly displayed to other Users who are Socialbomb Friends. Socialbomb collects no personal data directly from Users, but rather all personal data used on the Socialbomb Services is collected by Facebook. Any of such information that is directly collected by Facebook and shared with Socialbomb will be collected, held, used and stored in a manner that is reasonably equivalent to that permitted under the comparable Facebook and Twitter privacy policies in effect at the time of collection (including the length of time during which the information will be held by Socialbomb), and in compliance with any privacy settings selected by the User for the User’s Facebook account of which Socialbomb Is aware. NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, SUCH PERSONAL DATA TRANSMITTED TO SOCIALBOMB BY FACEBOOK AND TWITTER SHALL BE HANDLED BY SOCIALBOMB IN ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS WHICH MAY, AMONG OTHER THINGS, RESULT IN SUCH DATA BEING REMOVED FROM THE SOCIAL BOMB SERVICES ON A TIME SCHEDULE THAT IS DIFFERENT FROM THAT REQUIRED OR PERMITTED UNDER APPLICABLE FACEBOOK AND TWITTER POLICIES.

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·       "LOCATION AND PHOTOGRAPHIC INFORMATION": To provide the Socialbomb Services, we derive location information directly from the mobile device that you used to register with Socialbomb or use to participate in Socialbomb Services apps. This location tracking of your mobile device may occur even when the Socialbomb mobile application is not actively open and running, but your location is displayed and shared with others only when Socialbomb Services are opened and running on your phone and otherwise in accordance with your privacy settings. As part of your activities using Socialbomb Services, we may also collect photographic material that you transmit to us, which photographic material may include images of the User, the User’s Socialbomb Friends and third parties. Even if you disable the location services on your phone, we may learn your location from the context of any photographic material that you transmit to us (e.g., the User may be the subject of a photographic image transmitted to Socialbomb by a Socialbomb Friend that discloses the User’s location).

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·       "COOKIES, PERSISTENT FILE INFORMATION": When you use the Socialbomb Services, we may send one or more cookies (small text files containing a string of alphanumeric characters that allow another person to learn about your activities conducted on the Internet) to your phone, computer or other participating device. Socialbomb may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your web browser and may be used by us during your subsequent visits to the Socialbomb Services. Persistent cookies set by Socialbomb can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.

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·       "LOG FILE INFORMATION": When you use the Socialbomb Services, our servers automatically collect and record certain information about your usage from your mobile device and web browser. These server logs may include, but not be limited to, information such as a mobile device identification number and device identifier, web requests, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, features used in the Socialbomb mobile application, the amount of time spent on particular web pages, and one or more cookies that may uniquely identify your browser.

THE WAY SOCIALBOMB USES INFORMATION:

·       Socialbomb uses your personal data, registration, profile and location information to operate, maintain, and provide to you and other Users all of the features and functionality of the Socialbomb Services.

·       To provide the basic functionality of certain Socialbomb Services - such as displaying your live location to your Socialbomb Friends - Socialbomb maintains and stores for its use each User's most recent location fix, as well as historical location information.

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·       Socialbomb uses your personal data, location, photographic and certain non-personal data information (such as anonymous log file information) to track and analyze User preferences and trends in order to improve the quality and design of the Socialbomb Services and to create new features, promotions, functionality, and services.

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·       Socialbomb uses cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Socialbomb Services; (b) provide custom and personalized content, advertisements, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics.

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·       Socialbomb may use your personal data (including registration information), all of which is currently collected by Facebook and shared with Socialbomb solely through synchronization with your Facebook account, and your location information to personalize and serve in-service advertisements specific to you and your interests. For example, if you put a favorite band in your Facebook account information that is transmitted to the Socialbomb Services, then we might serve you an advertisement highlighting the concert of a similar band playing in your city. However, we would not disclose who you are to the music company.

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·       Socialbomb is not responsible for the text and photographic images which may be transmitted to and posted with Socialbomb Services, and Users acknowledge that any such images or text may be widely disseminated and publicly available following such transmission and posting.

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·       Socialbomb will not use your personal data information or location information to send commercial or marketing SMS text messages or email messages to you without your express consent; provided, that express consent will be implied if the User continues to use the Socialbomb Services after the User has been informed (through posting as a modification to the Socialbomb Privacy Notice or otherwise) that such personal data information or location information will be used for this purpose.

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·       Socialbomb may retain copies of any personal data received from Facebook and Twitter pursuant to the synchronization with your Facebook and Twitter account, and such information shall be held by the Socialbomb in a manner equivalent to the way that such information is held by Facebook and Twitter. NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, SUCH PERSONAL DATA TRANSMITTED TO SOCIALBOMB BY FACEBOOK AND TWITTER SHALL BE HANDLED BY SOCIALBOMB IN ACCORDANCE WITH APPLICABLE LEGAL REQUIREMENTS WHICH MAY AMONG OTHER THINGS, RESULT IN SUCH DATA BEING REMOVED FROM THE SOCIAL BOMB SERVICES ON A TIME SCHEDULE THAT IS DIFFERENT FROM THAT REQUIRED OR PERMITTED UNDER APPLICABLE FACEBOOK AND TWITTER POLICIES.

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·       On notice from Facebook or Twitter, Socialbomb will provide Facebook or Twitter with information about a particular User if Facebook or Twitter reasonably believes that such information is necessary to prevent or investigate the commission of a crime.

WHEN SOCIALBOMB DISCLOSES INFORMATION:

·       Socialbomb may disclose some personal data, registration, profile, or location information to subsidiaries, affiliated companies, or other businesses or persons for the purpose of providing certain features of the Socialbomb Services, in order to serve relevant advertisements in support of the Socialbomb Services, and for processing such information on our behalf. For example, we may disclose information to partners for the purpose of revenue recognition, or we may disclose certain information in order to provide mapping, points-of-interest, local content, or navigation features. To the extent commercially reasonable: we will use reasonable efforts to obtain agreement from these parties to process such information in compliance with our privacy policy; we will use reasonable efforts to limit their use of such information; and we will require these parties to use any other appropriate confidentiality and security measures.

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·       Socialbomb may disclose aggregate, anonymous log file and usage information in reports to interested third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, or features. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and performance statistics of a specific advertising campaign.

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·       Socialbomb may release personal data, registration, profile, or location information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant.

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·       Socialbomb also reserves the right to disclose personal data, registration, profile, or location information that Socialbomb believes, in good faith, is appropriate or necessary to: enforce our Terms of Use; take precautions against liability; protect Users from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against any third-party claims or allegations; assist government enforcement agencies; protect the security or integrity of the Socialbomb Services; or protect the rights, property, or personal safety of Socialbomb, Users, or others. We don’t assume any duty to act in any way identified in this paragraph, and if we do act in such way on one or more occasions it does not obligate us to do so again nor does it create a continuing duty to do so.

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·       Socialbomb will not share your personal data information or personal data location information with other, third-party companies for their commercial or marketing use without your express consent; provided, that express consent will be implied if the User continues to use the Socialbomb Services after the User has been informed (through posting as a modification to the Socialbomb Privacy Notice or otherwise) that such personal data information or location information will be used for this purpose.

YOUR CHOICES: 

You may update, correct, or delete your personal data via contact to support@socialbomb.com or by making changes to such information directly on your Facebook account (which Facebook account information is subsequently synchronized with the Socialbomb Services), and you may update, correct or delete your privacy settings by making adjustments to your Facebook account privacy settings (which will be subsequently synchronized with the Socialbomb Services). To protect your privacy and security, we take reasonable steps to verify your identity before making corrections.

FACEBOOK CONNECT:

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You may use Facebook Connect to connect your Facebook account with Socialbomb Services, using your Facebook login credentials to log in to Socialbomb Services. If the User uses Facebook Connect in connection with the Socialbomb Services, the User thereby is considered to have affirmatively consented to Socialbomb’s sharing of User actions or User data with Facebook. Users who wish to disconnect or otherwise disassociate their Facebook account from the Socialbomb Services, must either remove the Socialbomb Services application from their Facebook accounts or contact Support@Socialbomb.com, and follow the instructions provided for disconnecting or disassociating their Facebook accounts from the Socialbomb Services.

TWITTER API:

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You may use Twitter to connect your Twitter account with Socialbomb Services, using your Twitter login credentials to log in to Socialbomb Services. If the User uses Twitter in connection with the Socialbomb Services, the User thereby is considered to have affirmatively consented to Socialbomb’s sharing of User actions or User data with Twitter. Users who wish to disconnect or otherwise disassociate their Twitter account from the Socialbomb Services, must either remove the Socialbomb Services application from their Twitter accounts or contact Support@Socialbomb.com, and follow the instructions provided for disconnecting or disassociating their Twitter accounts from the Socialbomb Services.

OUR COMMITMENT TO DATA SECURITY:

Socialbomb uses commercially reasonable physical, managerial, and technical safeguards. We cannot, however, ensure or warrant the security of any information that Socialbomb receives on your behalf to operate the Socialbomb Services or that you transmit, or authorize to be transmitted, to Socialbomb and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Socialbomb learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Socialbomb may post a notice on the Socialbomb Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

OUR COMMITMENT TO CHILDREN'S PRIVACY:

Protecting the privacy of young children is especially important. For that reason, Socialbomb does not knowingly collect or maintain personal data information on the Socialbomb Services from persons under 14 years-of-age, and no part of Socialbomb Services is directed to persons under 14. IF YOU ARE UNDER 14 YEARS OF AGE, THEN YOU MAY NOT USE OR ACCESS THE SOCIALBOMB SERVICES AT ANY TIME OR IN ANY MANNER. If Socialbomb learns that personal data of persons less than 14-years-of-age has been collected on the Socialbomb Services without verifiable parental consent, then Socialbomb will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 14 has obtained a Socialbomb Services account, then you may alert Socialbomb at www.socialbomb.com, and request that Socialbomb delete that child's personal information from our systems.

Parents, the following are some resources that may help you in understanding and guiding your children's access to the Internet. While Socialbomb does not endorse these sites or products, we provide the following information as a public service to our Users.

·       OnGuard Online (maintained by Federal Trade Commission) http://onguardonline.gov/socialnetworking.html

·       ConnectSafely.org: http://www.connectsafely.org

·       SafeKids.com: http://safekids.com

·       NetFamilyNews.org: http://www.netfamilynews.org

·       WebWiseKids.org: http://www.webwisekids.org

·       Center for Safe and Responsible Internet Use: http://www.csriu.org

·       GetNetWise.org: http://getnetwise.org

·       Net Nanny: http://www.netnanny.com

INTERNATIONAL VISITORS:

The Socialbomb Services are hosted in the United States and are intended for United States visitors. If you are using the Socialbomb Services from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer. Socialbomb disclaims any compliance with foreign law.

THIRD-PARTY ADVERTISERS AND AD-SERVING COMPANIES:

Advertisements that appear on Socialbomb are sometimes delivered (or "served") directly to Users by third-party advertisers or ad network companies. These companies may automatically receive your IP address or other information about your mobile device or personal computer when serving advertisements. These third parties may also download cookies to your mobile device or computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of the advertisements served and to personalize advertising content. Doing this allows the advertiser or ad network to recognize your computer or mobile device each time they send you an advertisement in order to measure the effectiveness of the ad and to personalize advertising content. These companies may compile information about the sites or services visited when seeing advertisements and determine which advertisements are clicked. Socialbomb does not access or have control of the cookies that may be placed by third-party advertisers or ad networks. Likewise, third party advertisers and ad networks do not have access to your personal information stored with Socialbomb unless you choose to share it with them. This Privacy Notice does not cover the use of tracking technologies or personal data by any such third-party advertisers or ad networks.

IN THE EVENT OF MERGER, SALE, OR BANKRUPTCY:

In the event that Socialbomb is acquired by or merged with a third party entity, or another form of change of control of Socialbomb occurs, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control so that the Socialbomb Services can continue operations. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used. You will be notified via notice through the Socialbomb Services of any such change in ownership or control of your personal data information.

CHANGES AND UPDATES TO THIS PRIVACY NOTICE:

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by the "last modified" notice below. Please revisit this page to stay aware of any changes. We only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information, absent your agreement to our revision of such conduct. Your continued use of the Socialbomb Services constitutes your agreement to this Privacy Notice and any future revisions. If we decide to change our privacy policies, a modified Privacy Notice will be created and Socialbomb shall take such action as it deems appropriate so that Users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

EFFECTIVE DATE, DATE LAST MODIFIED:

Socialbomb Privacy Notice effective as of 2-01-2009.

Socialbomb Privacy Notice last modified on 10-09-2009.

CONTACT INFORMATION:

If you have questions or concerns regarding this statement, you should first contact our Privacy Manager at www.socialbomb.com.

PLEASE CONTACT OUR PRIVACY MANAGER AT PRIVACY@SOCIALBOMB.COM OR BY POSTAL MAIL AT SOCIALBOMB, INC., 30 E. 23rd STREET, NEW YORK, NY 10010 WITH ANY QUESTIONS OR COMMENTS ABOUT THIS PRIVACY NOTICE. WE WILL RESPOND TO YOUR INQUIRY WITHIN 30 DAYS OF ITS RECEIPT.

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Your use of the Socialbomb Service is subject to Terms of Use & Privacy Notice © 2009 Socialbomb, Inc.