PRIVACY NOTE
Last modified: Ohe Privacy Notice effective as of September 1, 2009.
Ohe! ("Ohe", "Imere") values the privacy of our customers, users, and others who use the mobile phone applications, www.Ohe.im, and other web sites, services, and content (e.g., widgets, feeds, and applications) owned or operated by Ohe (the "Ohe Services") (such customers or users, collectively or individually, "Users"). This Privacy Notice governs the Ohe Services.
The great majority of our Users will use the Ohe Services for harmless and fun social purposes. However, please note that by its very nature, your location information is subject to abuse, misuse, and over-monitoring by others including, perhaps, by your friends, family, or acquaintances. Please manage your own mobile and profile privacy preferences on the Ohe Services, on an ongoing basis, accordingly.
Please be aware that any personally identifiable information or location information that you voluntarily disclose online - such as when you use update status feature, review places, post announcements, etc. - becomes publicly available and can be read, collected, and used by others and could be used to send you unsolicited messages. Ohe is not responsible for the personally identifiable, profile, or location information that you choose to disclose publicly on the Ohe Service.
GENERAL INFORMATION:
This Privacy Notice details important information regarding the use and disclosure of User information collected through the Ohe Services. Ohe provides this Privacy Notice to help you make an informed decision about whether to use or continue using the Ohe Services.
This Privacy Notice is incorporated into and is subject to the Ohe Terms of Use. Your use of the Ohe Services and any personal information you provide on the Ohe Services remains subject to the terms of this Privacy Notice and the Terms of Use.
IMPORTANT DISCLOSURES:
a. Data plans are required to use the Ohe Services. Ohe may require the use of SMS text messages. Standard data and messaging charges, fees, and taxes from your carrier apply.
b. To provide Ohe 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").
c. Ohe shows your phone's current geo-location to your selected group on most phones, this location sharing may occur even when the Ohe app is not open and running, but is always controlled by your privacy settings.
In order to subscribe to the Ohe Services, you must consent to: (a) the use of your phone's location to provide Ohe to you, including the display & disclosure of that location information to your Ohe friends/other Users and within your geo-tagged messages & content; (b) receive messages; and (c) pay carrier data, messaging, & other fees resulting from Ohe usage.
Ohe Services default privacy settings are set for the way that most Users use Ohe, we save your password for the phone application, your phone's geo-location is updated automatically, and that location information is displayed to your Ohe friends. Changing these settings is easy - just use the 'settings' menu on the Ohe mobile application or manage your preferences via the Ohe.im Web site.
THE INFORMATION OHE COLLECTS:
"REGISTRATION INFORMATION":
You provide to Ohe certain personally-identifiable information (such as mobile phone number, your name, email address, phone number, date of birth, password, etc.) when choosing to subscribe to the Ohe Services.
"PROFILE INFORMATION":
When using the Ohe Services you may provide certain other personal information and content - such as interests and hobbies, age, gender, sexual orientation, relationship status, and favorite places for breakfast, drinks, outdoor activities, etc. - that will be publicly displayed to other Users and on third-party sites and services in accordance with your privacy and opt-in settings.
"LOCATION INFORMATION":
To provide the Ohe Services, we derive location information directly from the mobile device that you used to register with Ohe. This location tracking of your mobile device may occur even when the Ohe mobile application is not actively open and running, but your location is displayed and shared with others only in accordance with your privacy and opt-in settings.
"COOKIES, PERSISTENT FILE INFORMATION":
When you use the Ohe Services, we may send one or more cookies to your computer. Ohe 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 Ohe Web site. Persistent cookies set by the Ohe Web site can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.
"LOG FILE INFORMATION":
When you use the Ohe Services, our servers automatically record certain information about your usage from your mobile device and web browser. These server logs may include 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 Ohe mobile application, the number of messages and friend requests related to your profile, the amount of time spent on particular web pages, the dates and times of your requests, and one or more cookies that may uniquely identify your browser.
"INVITE-A-FRIEND INFORMATION":
If you choose to use our invite-a-friend feature, then Ohe will ask you for your friend's mobile phone number or email address. If you provide a friend's mobile phone number, then Ohe will automatically send to that friend a one-time text message inviting your friend to join the Ohe Service and to add you as their friend. If you provide a friend's email address, then Ohe will automatically send that friend a one-time email inviting your friend to register on the Ohe website. Your friend may contact Ohe at privacy@Ohe.im to request that Ohe remove this information from our systems.
THE WAY OHE USES INFORMATION:
Ohe uses your personally identifiable, registration, profile, and location information to operate, maintain, and provide to you and other Users all of the features and functionality of the Ohe Service.
To provide the basic functionality of the Ohe Services - such as displaying your live location to your friends/other Users on the Map or alerting them when you are nearby - Ohe maintains for its use only each User's most recent location fix. If Users choose to "geo-tag" certain content or data with location information - such as favorite places - then Ohe maintains these user-created geo-tags for so long as the applicable content remains on Ohe's systems.
Ohe uses your personally identifiable, location, and certain non-personally-identifiable 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 Ohe Services and to create new features, promotions, functionality, and services.
Ohe 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 Ohe Services; (b) provide custom and personalized content, advertisements, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics.
Ohe uses your email address or mobile number from time-to-time for non-marketing or administrative purposes such as sending privacy or security related notices, notifying you of major Ohe Services changes, or for other customer service purposes.
Ohe uses your personally identifiable, registration, profile, and location information to personalize and serve in-service advertisements specifically to you and your interests.
Ohe does not use your personally identifiable information or location information to send commercial or marketing SMS text messages or email messages to you without your express consent or unless if you have opted-in to be part of a specific program or feature in accordance with the applicable Ohe Services consent procedures.
WHEN OHE DISCLOSES INFORMATION:
Ohe discloses some personally identifiable, registration, profile, or location information to subsidiaries, affiliated companies, or other businesses or persons for the purpose of providing certain features of the Ohe Services, in order to serve relevant advertisements in support of the Ohe Services, and for processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, we use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures.
Ohe discloses 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.
Ohe may release personally identifiable, 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.
Ohe also reserves the right to disclose personally identifiable, registration, profile, or location information that Ohe 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 Ohe Services; or protect the rights, property, or personal safety of Ohe, Users, or others.
Ohe does not share your personally identifiable information or personally-identifiable location information with other, third-party companies for their commercial or marketing use without your express consent or unless you have opted-in to be part of a specific program or feature in accordance with the applicable Ohe Services consent procedures.
YOUR CHOICES WITH OHE:
You may update, correct, or delete your privacy settings and profile information at any time via the Ohe mobile application or Web site. To protect your privacy and security, we take reasonable steps to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
OUR COMMITMENT TO CHILDREN'S PRIVACY:
Protecting the privacy of young children is especially important. For that reason, Ohe does not knowingly collect or maintain personally identifiable information on the Ohe Services from persons under 14 years-of-age, and no part of Ohe Services is directed to persons under 14. IF YOU ARE UNDER 14 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE OHE SERVICES AT ANY TIME OR IN ANY MANNER. If Ohe learns that personally-identifiable information of persons less than 14-years-of-age has been collected on the Ohe Services without verifiable parental consent, then Ohe 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 Ohe Services account, then you may alert Ohe at privacy@Ohe.im and request that Ohe delete that child's personal information from our systems.
DATA SECURITY:
Ohe uses commercially reasonable physical, managerial, and technical safeguards. We cannot, however, ensure or warrant the security of any information that Ohe receives on your behalf to operate the Ohe Services or that you transmit to Ohe 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 Ohe learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Ohe may post a notice on the Ohe 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.
INTERNATIONAL VISITORS:
The Ohe Services are hosted in the United States and are intended for United States visitors. If you are using the Ohe 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.
THIRD-PARTY ADVERTISERS:
Advertisements that appear on Ohe 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 computer, or use other technologies such as JavaScript and "web beacons" 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. Ohe 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 Ohe 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 CHANGE OF ONWERSHIP:
In the event that Ohe is acquired by or merged with a third party entity, 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 Ohe Service can continue operations. You will be notified via notice through the Ohe Services of any such change in ownership or control of your personally identifiable information.
CHANGES 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 above. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the Ohe Services constitutes your agreement to this Privacy Notice and any future revisions. If we decide to change our privacy policies, then we will post those changes to this Privacy Notice, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
CONTACT INFORMATION:
If you have questions or concerns regarding this statement, you should contact our Privacy Manager at privacy@Ohe.im.
WE WILL RESPOND TO YOUR INQUIRY WITHIN 30 DAYS OF ITS RECEIPT.
