The MOTOBLUR Software Licence Agreement ("Software Licence Agreement"), the MOTOBLUR Terms of Service ("Terms of Service") and the MOTOBLUR Privacy Statement ("Privacy Statement") (collectively "Terms and Conditions") apply to your use of the MOTOBLUR software and services, operated by Motorola, Inc. (a Delaware corporation, having a principal place of business at 600 N. US Highway 45, Libertyville, IL 60048, United States of America) ("Motorola"), and set forth a legally binding agreement between you and Motorola. Any defined terms contained herein shall have the same meaning as that assigned to it in the Software Licence Agreement, Terms of Service or Privacy Statement. Please read the Software Licence Agreement, Terms of Service, and Privacy Statement carefully before using the MOTOBLUR software and services. If you do not agree to the terms contained in those agreements, then you may not use the MOTOBLUR software or services. Your use of the MOTOBLUR software and services constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, the MOTOBLUR Software Licence Agreement, Terms of Service and Privacy Statement.

PRIVACY STATEMENT



Except to the extent otherwise set out in the Welcome email that you received upon signing up to MOTOBLUR Service, the following Privacy statement shall apply.

Information you submit through use of the MOTOBLUR Software or the Services may be used as described in this Privacy Statement, as described at the time you provide your information to Motorola, and as otherwise described in the MOTOBLUR Terms of Service and Software Licence Agreement.

The following describes how Motorola uses information submitted or collected as part of the MOTOBLUR Software and Services. This statement does not apply to information Motorola may collect in any other manner, including on its non-MOTOBLUR websites, through email messages you may send to authorised Motorola representatives or otherwise.

WHAT PERSONAL INFORMATION IS COLLECTED?
Motorola may collect a variety of personally identifiable information including without limitation, name, address, telephone number, payment card information, date of birth; as well as other data Motorola associates with you, such as a username and password, your purchase preferences or information you have provided to third parties such as social networking forums. Motorola may also passively collect information (i.e. without you knowing) from you, or your device, including, without limitation, your wireless phone number, location-based information obtained from your device's wireless network, GPS transmitter or software, or other location-based software, the type of device or mobile network you are using, your device’'s IMEI number or SIM card ID, your contacts, calendar, account credentials and settings and preferences, or other personally identifiable information.

HOW IS MY PERSONAL INFORMATION USED AND SHARED?
The information collected by Motorola is used a) to operate the MOTOBLUR Software and Services, including interaction with third party social networking sites and other third party websites and services; b) to provide support for the MOTOBLUR Software, including without limitation, system restores and back ups, location-based services, remote diagnostics and troubleshooting, device location, remote erase and any other services performed, provided or enabled by or through the MOTOBLUR Software; c) as described in the MOTOBLUR Terms of Service and Software Licence Agreement; d) to serve advertisements directly to your Device; e) for other Motorola business purposes, including without limitation, to send you information about the MOTOBLUR Software or Services, your account, or about Motorola or other products and services (whether those of Motorola or a third party) which Motorola believes you may find of interest, to resolve disputes and collect fees owed, to comply with applicable laws and to help Motorola customise and/or improve the MOTOBLUR Service for all of our customers; and f) as otherwise described at the time such information is collected.

Information you submit will be used, collected and shared not only by and between Motorola and its affiliates and subsidiaries, but will also be shared with third parties with whom Motorola has a business relationship, and third parties with whom you have an existing relationship, such as social networking sites or mobile carriers, or third parties from whom you decide to purchase additional products and services through the MOTOBLUR Software or Services; any information shared with third parties will be governed by such third party's own privacy policy. Third-party vendors providing services for Motorola may also access and use your information. Motorola may also allow third parties to provide products or services directly to you.

Additionally, Motorola will share your information with third parties if it believes it is required by law or contract to do so, if all or part of its business is acquired by a third party, or to identify, contact or bring legal action against someone who may be violating the MOTOBLUR Software Licence Agreement or Terms of Service or may be violating Motorola's or other's rights or causing injury to or interference with Motorola's or other's property.

MY CHOICES, HOW DO I CONTACT MOTOROLA, AND WHERE IS MOTOROLA?
You can access (review, correct, amend or delete) your personal information contained in your MOTOBLUR account by visiting the MOTOBLUR Owner Portal at www.motorola.com/mymotoblur. Individuals are responsible for providing Motorola with accurate and complete personal information and for updating or correcting such information as necessary.

If you no longer wish to receive marketing communications from Motorola, please contact www.motorola.com/unsubscribe or follow the directions contained in the email to remove your name from our mailing list(s). Please note that by refusing to provide personal information or by denying or withdrawing consent to use personal information for purposes identified, you may be unable to participate in certain programmes or activities sponsored by Motorola.

For other questions about how your information is used that is not already addressed here, please contact privacy@motorola.com by email, or by mail at:

Motorola, Inc.
Attention: Privacy Compliance Program
600 North U.S. Highway 45
Mailstop: W4-300
Libertyville, Illinois 60048
USA


Your information will be transferred to Motorola, a company located in Illinois, USA. If you reside outside of the United States, you hereby specifically consent to the transfer of your information, including, without limitation, personally identifiable information and all information described herein, to the USA for processing and storage by Motorola. You understand that the U.S. may not have laws that provide the same level of protection as laws in your home country.

WHAT SECURITY MEASURES DOES MOTOROLA TAKE?
Motorola uses standard technical and organisational security measures, where appropriate, to protect the personally identifiable information that it collects and maintains. However, no data transmitted over a wireless or interactive network is 100% secure, and many of the communications you make using the MOTOBLUR Software or the Services will be accessible to third parties. You should therefore be cautious when submitting any personally identifiable information using the MOTOBLUR Software or the Services, and you understand that you are using the MOTOBLUR Software and the Services at your own risk.

As a global company, Motorola has international sites and users all over the world. The personal information you provide may be transmitted, used, stored and otherwise processed outside of the country where you submitted that information, including jurisdictions that may not have data privacy laws that provide equivalent protection to such laws in your home country.

WHAT ABOUT MY CHILD'S PRIVACY?

The MOTOBLUR Software and the Services are intended for use by persons age 16 and over. Motorola does not seek to collect information about children under the age of 16. No information should be submitted to Motorola by users under 16 years of age. If a child under the age of 16 submits personal information to Motorola, such information is deleted as soon as Motorola discovers it was provided by a child under 16 years of age and such information is not used for any purpose. Motorola encourages parents to take an active role in their children's use of any interactive service or device, and to inform them of the potential dangers of providing information about themselves over the Internet.

This Privacy Statement is effective as of 1 September 2009 and is subject to change without notice.