Note: Vindigo's privacy policy was last updated on: December 31, 2007

Vindigo, Inc. is the leading service provider for delivering content and services to wireless and mobile devices, allowing people to explore, enjoy and connect to the world around them. To create the best personal experience on the Vindigo site and services, we collect information that enables us to analyze and improve the user experience. At the same time, we are committed to protecting your privacy so we do not release any personally identifiable information about our members and visitors without their permission or except as set forth within this Privacy Policy, our Terms of Service Agreement, and other published guidelines.

What information do we collect? How do we use it?

General

• Vindigo employs other companies and individuals to perform functions on our behalf. Examples include the processing of subscription payments and the hosting of our Web servers. These other companies may have access to your personal information as necessary to carry out their functions, but they are not permitted to share that information with any third party.
  
  
• Keep in mind that while Vindigo encourages all third parties involved in providing our site and services - including but not limited to our advertisers and distribution partners - to adhere to our policies regarding the privacy of our visitors and subscribers and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information.

Payment, Registration and Use of Our Web Site

• Vindigo uses anonymous 'cookies' - that is, small text files placed on a user's computer hard drive - to collect and access certain information about visitors to the Vindigo site. These cookies allow us to track which pages are visited, and by how many people. In some instances, Vindigo works with third-party marketing companies (such as 24/7 Real Media) who also employ cookies or other technologies for the purpose of gathering aggregate information about visitors to the Vindigo site. (See 24/7 Real Media's privacy policy at http://www.247realmedia.com/privacy.html.) Vindigo does not provide to these marketing companies, and Vindigo does not permit these marketing companies to collect, our users' personally identifiable information.
  
  
• Additionally, Vindigo uses temporary session cookies that are active only when you are visiting the Vindigo site. Among other features, these temporary cookies help to monitor the registration process and the application download process so you can easily complete Vindigo installation.
  
  
• At various times on our site (such as when you register to use the Vindigo 2.0 service), Vindigo will ask you to give us certain personal information, including your email address, so that from time to time we can send you news about Vindigo and notify you of Vindigo updates. If you do not opt in, we will only correspond with you to notify you of major service changes. Except as set forth within this Privacy Policy, our Terms of Service Agreement, and other published guidelines, we will not share your email address with third parties without your express permission.

Use of Our Service (Palm OS® and Pocket PC Devices)

• During the subscription or gift certificate purchase process, Vindigo collects certain personal information that is forwarded to our transaction partners, iPay and Handango. (See iPay's privacy policy at http://www.paybytouch.com and Handango's privacy policy at http://handango.com/PrivacyPolicy.jsp?siteId=1). .) In order to process your payment, iPay and Handango will require you to provide additional information, such as your credit card number and billing address. The information that you provide is necessary to fulfill your order, track the status of your order, and provide the best customer service possible. iPay and Handango may also forward to Vindigo certain personal customer information that you have provided them so Vindigo can generate your account and update our user profiles. Vindigo will not have access to your credit card or banking information, except for the limited purpose of transitioning subscription accounts to a different payment processor and then only in accordance with applicable law.
  
  
• In using our service or purchasing a gift certificate, Vindigo may request personal information. Personal information we collect may include the name, address, telephone number, email address and/or personal interests of you and/or the gift certificate recipient. These requests for information allow us to provide services you have requested or to enhance your experience while visiting us. We provide you or the gift certificate recipient with a registration code or key to convert trial versions into full versions or to activate the gift subscription (as applicable). For this, we use the relevant customer information of you or the gift certificate recipient in order to generate a registration code or key and email it to you or the gift certificate recipient (as applicable). Vindigo does not sell, trade or rent your personal information to others.
  
  
• During the installation process and subsequent synchronizations, Vindigo notes the kind of operating system you have and the amount of free memory available to ensure that your handheld device is supported and that you have enough room for the Vindigo service. Apart from that, Vindigo does not collect any other information about your device, the other applications you use, or the data on your device outside of the Vindigo application itself.
  
  
• In order to provide you with the most relevant content and advertising, when you sync your device and update the Vindigo service, we note the sections of the Vindigo service that you've viewed (for example, Chinese restaurants in Chicago) and the ads that you've viewed or tapped, and attach that information to your user profile. This information helps Vindigo show you better information and more relevant advertising based on where you spend your time and the types of information you need. We do not track specific businesses or events that you've viewed or the current locations that you've set.
  
  
• We use aggregate anonymous data about our users and their behavior to provide our content partners and advertisers with demographic details about our users. Vindigo does not sell, trade or rent your personal information to others. When viewing certain advertisements within the Vindigo service, you will be asked to check a box and write in your email address if you choose to receive more information from the advertiser. If Vindigo is going to pass your email address to the advertiser, we will let you know before you check the box. By checking the box and submitting your personal information, you give Vindigo permission to share this information with our advertiser. The advertiser will only send you the information that you've requested, and you'll be able to opt out of their mailings at any time.
  
  
• When you enter a contest or other promotional feature, or participate in a survey, we may ask for your name, address and email address so we can administer the contest and notify you if you win.
  
  
• We encourage your feedback. If you submit reviews of businesses or events, or tell us about places that have closed down or new places that have opened, that information becomes the property of Vindigo and may be used for any purpose. We may publish that information in future versions of Vindigo, on our web site, or in other media, to enhance our products and services and the experience of all users.

Use of the Vindigo 2.0 Service (WAP Phones)

Many mobile phone carriers release an anonymous device identifier that uniquely identifies your phone. Capturing this unique identifier allows Vindigo's WAP site to display your city and content preferences when you return. You do not need to register to use the Vindigo service for WAP phones, and this unique identifier is not connected in any way to your email address or other personally identifiable information. Vindigo also records which pages (or 'decks') are requested by your phone's browser.

Use of the Vindigo 2.0 Service (BREW-enabled Phones)

When you download the Vindigo service for your BREW-enabled mobile phone, you are billed directly through your wireless carrier and your billing information is not shared with Vindigo, Handango or iPay. Vindigo captures the general characteristics of your phone, such as screen size and color capability, in order to display the application correctly, but we do not record any information that is unique to your phone, such as your phone number or the anonymous device identifier assigned by your carrier. Vindigo places a cookie on your handset the first time you use Vindigo for BREW. This cookie allows us to avoid sending certain information to your handset each time you use Vindigo, saving you airtime. Additionally, this cookie enables us to track aggregate user behavior. Vindigo does not have access to any personally identifiable information on your mobile phone.

Use of the MovieGoer by Vindigo™ Service (BREW-enabled Phones)

When you download the MovieGoer by Vindigo™ service for your BREW-enabled mobile phone, you are billed directly through your wireless carrier and your billing information is not shared with Vindigo, Handango or iPay. Vindigo does capture the general characteristics of your phone, such as screen size and color capability, in order to display the MovieGoer by Vindigo™ application correctly. We are also able to identify you by your mobile identification number, a unique identifier that is assigned to your handheld device by your telecommunications carrier; your mobile identification number enables Vindigo to recognize your handheld device and provide personalized features to you. In addition, Vindigo places a cookie on your handset the first time you use MovieGoer by Vindigo™. This cookie allows us to avoid sending certain information to your handset each time you use MovieGoer by Vindigo™, saving you airtime, and this cookie enables us to track aggregate user behavior.

How do you change, update, or delete the personal information you have provided to Vindigo?

If you change your email address and want to be sure to be notified of new features, updates, and enhancements to the Vindigo service, contact us through our support request form at http://www.vindigo.com/account. If you would like to have your personally identifiable information removed from Vindigo's database, please visit http://www.vindigo.com/account, and we will use reasonable efforts to comply with your request. Keep in mind that some information is automatically stored in backup copies of our databases that are accessed only in case of an emergency. Such backups cannot be edited, so there may be residual information that will remain within Vindigo's databases, access logs, and other records. This residual information will not be used for commercial purposes.

What happens if Vindigo changes this Privacy Policy?

If we decide to change our privacy policy, we will post a link to those changes on our homepage so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we may use their personal information in this different manner. We will use personal information in accordance with the privacy policy under which such information was collected.

Required Disclosure or Use

Please note that Vindigo may access and disclose personal information in the event that Vindigo believes in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate its systems properly, to protect itself, its users, or others, or to enforce the Terms of Service Agreement, or End User License Agreement. Vindigo also reserves the right to transfer any information you provide on or via the Vindigo site or through use of any Vindigo service to Vindigo's affiliates whether or not located in the United States (in all cases, including transfer to any successor to or assignee of all or a substantial portion of the business or assets of Vindigo or an affiliate of Vindigo), as may be reasonably required for, or in connection with, providing services to you.

Sole Authorized Statement

This Privacy Policy is the sole authorized statement of Vindigo's practices with respect to the collection of personally identifiable information and the usage of such information. Any summaries of this Privacy Policy generated by third party software or otherwise (for example, in connection with the "Platform for Privacy Preferences" or "P3P") shall have no legal effect, are in no way binding upon Vindigo, shall not be relied upon in substitute for this Privacy Policy, and neither supersede nor modify this Privacy Policy.

Questions?

Questions regarding this Privacy Policy should be directed to the site coordinator at privacy@vindigo.com. Alternately, you may contact us via U.S. mail at Vindigo, Inc., 500 7th Avenue, 17th floor, New York, New York 10018, Attn: Privacy Director.