Privacy Policy

Privacy Policy

June 1, 2010

Navitas Games, Inc. ("Navitas") and Mo'Blast, Inc. ("Mo'Blast") (together, the "Companies") provide users with access to a collection of websites, applications, products and services, including various branded applications through networks of properties (including but not limited to Taptin, Taptin Merchant Services, Local Shops, Poker, and EasySigns), which may be accessed through various media or devices now known or hereafter developed (collectively, the "Services"). Some of the Services are the property of Mo'Blast, and some of the Services are the property of Navitas but are provided to end-users pursuant to an agreement between Mo'Blast and Navitas. For purposes of this Privacy Policy, the "Companies" refers to both Navitas and Mo'Blast collectively, as well as to either or both of them separately.

The Companies recognize that their customers, visitors, users, and others who use the Services (collectively or individually "Users") value their privacy. This Privacy Policy details important information regarding the use and disclosure of User information collected on or through the Services. The Companies provide this Privacy Policy to help you make an informed decision about whether to use or continue using the Services.

This Privacy Notice is incorporated into and is subject to the Companies' Terms of Service and End-User License Agreement. Your use of the Services and any personal information you provide on or through the Services remains subject to the terms of this Privacy Policy and the Companies' Terms of Service and End-User License Agreement.

Information Collection And Use By The Companies.

When you register to use the Services, we ask you to provide certain personal information, as well as additional information described below. We will not collect or use personal information for purposes other than those described in this Policy unless we have obtained your prior consent. If we propose to use personal information for any purposes other than those described in this Policy, we will offer you an effective way to opt out of the use of personal information for those other purposes.

You can decline to submit personal information to any of our services, in which case the Companies may not be able to provide those services to you.

Please note that in order to use certain features of the Services, you may need to share certain personal information with other Users. You should not share any personal information with any person who is not known to and trusted by you. The Companies assume no responsibility or liability for information shared by you with other Users or for the consequences of your sharing of such information.

The Companies only process personal information for the purposes described in this Privacy Policy. Such purposes include: (a) providing the Companies' products and services to Users, including the display of customized content and advertising; (b) auditing, research and analysis in order to maintain, protect and improve the Services; (c) ensuring the technical functioning of the Companies' network; and (d) developing new services.

Registering For An Account.

When you sign up for an account to use the Services, we ask you for certain personal information (such as your name, email, city, and password). We use this information to provide you with a better experience and to improve the quality of the Services. We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as allowing you, at your request, to reset your password if you have forgotten it, or possibly for notifying you of major changes to the Services or for customer service purposes).

Signing In To Your Account.

You sign in to the Services with your user ID and password. Your password is always encrypted. After you have successfully signed in, we store an authentication key to make it easier for you to open the Services without signing in again. You can stop this automatic sign-in by changing your settings.

Location Information.

When you use the Services, we obtain certain information regarding your location, either via GPS or other location-detecting technologies used on your particular computer or mobile device. We use this information in a variety of ways, depending on the functionality of the particular Service you are using.

For certain of the Services (such as Taptin and Local Shops), we use this information to allow you to perform searches and find landmarks that are near you, as well as to view information about those nearby landmarks and businesses.

For certain of the Services (such as Taptin), we use this information to allow you to "tap in" (or "check in") to a location. Tapping in (or checking in) is always voluntary on your part. However, once you choose to tap in at a location, the fact that you have tapped in at a particular place and time becomes public data and will be accessible to anyone. If you do not wish to have this information known by the public, you should not tap in. However, certain features and functionality of the Service will then be unavailable to you.

For certain of the Services (such as Poker), we use this information to notify other Users of the Services whether you are nearby (i.e., within 200 meters) or in a particular city. We do this in order to enable Users to find other Users in particular locations to play games with, as well as to enable the display of game scores and achievements by location. When your location is displayed in this context, it will be displayed with your first name.

For certain of the Services that are intended for business Users (such as Taptin Merchant Services and EasySigns), we ask you (or optionally permit you) to input the address, city, and geographical coordinates of your business. Once you do so, this information becomes public data accessible by anyone, and your first name and last name (as well as the first name and last name of any other User you authorize to update your account(s) on the Service) will be displayed other Users of the Services and identified as "staff" for that location. We do this in order to enable you to promote your business to other Users of the Services and to the public at large.

Profile Information.

When you use the Services, you set your User profile with certain personal information. Some of this information (such as your first name, last name, email address that you used to register, and city) is filled in automatically from your registration information, and some you may optionally add. The profile information that you can add varies depending on the particular Service, but can include profile photos, status messages, email addresses, and online social network usernames. For certain of the Services, your profile will also be updated with information relating to activities you have engaged in through the Services (e.g., tapping into a location, playing a game, earning a badge or achievement, completing a quest, uploading a photo, and writing a tip or comment).

Some of your profile information (your first name, last name, User ID, profile picture, city, status message, and data relating to your activities) is public data accessible to anyone. The rest of your profile data is either visible only to you or, depending on the particular Service, optionally visible to other Users whom you specifically authorize to see this data (who may be called Friends, Buddies, or Contacts, depending on the Service). For these profile sharing services, we require you to specifically add your approved contacts and agree to share information with them. To access your non-public profile data, your contacts must then add you as their contact and establish a reciprocal link. You will receive a notification from the Services when someone has added you, and you will have the option to add them as a contact in return or to reject them. You may unlink another User of the Services as an approved contact at any time; similarly, other Users of the Services may unlink you as an approved contact at any time.

Please note that certain information in your profile (your first name, last name, city and profile picture) will be displayed to another User of the Services who attempts to add you as a contact by searching for you using your correct User ID, first name, last name, email, city, or online social network username, even before you agree to link back to that person as a reciprocal contact.

For certain of the Services (such as Taptin and Poker), your approved contacts will be able to view your online social network usernames, should you choose to add them to your profile. They will also be able to exchange messages with you and access friends-only content, as described below.

Please note that when you agree to approve someone as an approved contact on one of the Services, that person will become an approved contact on all of the Services.

For certain of the Services that are intended for business Users (such as Taptin Merchant Services and EasySigns), we ask you (or optionally permit you) to input profile and directory information about your business, including photos, logos, descriptions, business hours, and business category information. Once you do so, this information becomes public data accessible by anyone. We do this in order to enable you to promote your business to other Users of the Services and to the public at large.

Contact Information.

We do not share your list of approved contacts with anyone, not even your approved contacts.

Messaging, Sharing, And Intergration With Online Social Networks.

Certain of the Services (such as Taptin and Poker), contain messaging features that enable you to exchange messages within the applicable Service with your approved contacts. We store the content of these messages so that you can access them. We do not share the content of your messages with anyone other than the person to whom you directed the message.

Certain of the Services (such as Taptin and Poker) permit you to set up your third party online social networking accounts (such as Twitter or Facebook) so that they can integrate with the Services. In order to do this, you will need to input your username and password for the third party online social networking service so that the Services can permit you to communicate to the online social networking service through the Services. This will enable you to retrieve a list of your friends or contacts on that online social networking service who are also Users of the Services, and you can then optionally add them as contacts on the Services. You can also use the Services to post a message to your public wall and/or stream on that online social networking service. In addition, you can use the Services to send a direct/private message to your friends or followers on certain of these online social networks, even if those friends or followers are not Users of the Services. To do so, you may need to input that person's online social networking username. We will not share your log-in credentials for online social network services with any third parties. We will not use any online social networking contact information (such as another person's username) to attempt to communicate with those individuals (other than by sending your message), and we will not share this contact information with third parties. The Companies are not responsible for the privacy policies and/or practices on any of these online social networking services. When accessing any online social networking service through the Services, you should read the privacy policy stated on that online social networking service. Our privacy policy only governs information collected on or through Services.

Certain of the Services (such as Taptin, Local Shops and Poker]) allow you to share certain information on the Services (e.g., a location you have discovered, a place and time when you want to meet someone, information about your scores or achievements in games) with your friends and contacts who are not Users of the Services by using the Services to send a message to that person's email address. In order to share information this way, you must input that person's email address into the Services. We will not use this contact information to attempt to communicate with these individuals (other than by sending your message), and we will not share this contact information with any third parties.

In-Game Chat.

When you play games on the Services (such as Poker), you will be able to engage in in-game chat with the other players of the game, even if they are not your approved contacts. By agreeing to participate in a game, you agree to allow the other players to have access to chat with you. This chat access will last only for the duration of the game, and afterwards these other players will not be able to contact you through the Services unless they are your approved contacts.

Location Search, Radar, Favorites.

Certain of the Services (such as Taptin and Local Shops) enable you to search in the area near your location in order to find landmarks and businesses near you. We do not share information about any searches you perform, or your search results, with any other Users of the Services, even if they are in your approved contact list. In the course of performing a search for you, anonymous information (that is, not containing any identifying personal information) may be transmitted to third party service providers (such as Google) who provide search-related functionality or content. Otherwise, we do not share any information about any searches you perform or your search results with any third party.

Local Shops enables you to create (and save) a variety of search areas, which are called "radars." We do not share information about your radars with any other Users of the Services, even if they are in your approved contact list. In the course of performing a search for you, anonymous information (that is, not containing any identifying personal information) may be transmitted to third party service providers (such as Google) who provide search-related functionality or content. Otherwise, we do not share any information about your radars with any third party.

Local Shops also allows you to bookmark businesses or landmarks as favorites so that you can find them again quickly. When you bookmark a landmark as a favorite, other Users of the Services will see that the landmark is "popular"; however, none of your personally identifiable information will be visible to those Users.

Local Shops additionally allows you to bookmark certain information associated with a particular business (e.g., product information, special offers) as favorites so that you can find them again quickly. When you bookmark, save, or like a product or offer, other Users of the Services will see that the product or offer is "popular" or has a certain number of "likes"; however, none of your personally identifiable information will be visible to those Users.

Landmark Photos and Tips.

Certain of the Services (such as Taptin) allow you to write tips and reviews of locations that you visit and post them through the Services. Any tips or review that you post through the Services will become public data accessible by anyone. For information about the copyright and licensing status of any tips or review that you post, please see the Companies' Terms of Service and End-User License Agreement.

Certain of the Services (such as Taptin) allow you to upload pictures to the Services and associate them with particular landmarks or businesses so that other Users of the Services can see those pictures when they view information about that landmark. You may optionally set the visibility to public (in which case the pictures become public data accessible by anyone) or friends-only (in which case the pictures will be visible only to your approved contacts). For information about the copyright and licensing status of these landmark pictures, please see the Companies' Terms of Service and End-User License Agreement.

Certain of the Services that are intended for business Users (such as Taptin Merchant Services and EasySigns) permit you to upload pictures to the Services and associate them with your business. Once you do so, this information becomes public data accessible by anyone. We do this in order to enable you to promote your business to other Users of the Services and to the public at large.

Public Actions In The Services.

Certain activities that you engage in and achievements that you obtain while using the Services are considered public. These activities include the playing of games, tapping (or checking) in to a location, writing a tip about a location, uploading a public photo of a location, earning badges or achievements, collecting a rewards card, and entering a sweepstakes. This data is public and will be accessible to anyone.

Group And User Communication.

When you send email or other communications to the Companies, or send feedback to our group, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Contests and Sweepstakes.

The Companies may sponsor and/or administer contests and sweepstakes from time to time. To enter such contests and to accept prizes, you may be required to provide additional personal information about yourself, such as name, address, and (for prize winners) Social Security or other identification numbers for tax purposes. We will only use this information for prize fulfillment and required tax reporting.

Cookies And Web Beacons.

When you access the Companies' websites, including certain of the Services that are web-based applications, the Services may send "cookies" to your computer. A cookie is a small text file recorded on your hard drive that identifies you as a unique user and contains certain information about your particular login session and/or your use of the Services. The Services may also employ pixel tags (also called "clear gifs" or "beacons") to help monitor the usage of the Services. The Services use cookies and beacons to capture statistical usage information and improve the quality of our service to Users.

User Preferences And Trends Information.

We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, mobile phone type, etc.) to improve the quality and design of the Services and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends. We may share non-personally-identifiable information (such as anonymous User usage data and mobile phone type) with third party service providers so that they may help us analyze the usage of our services and features. This will enable us to prioritize our development and plan feature enhancements.

Location Of Servers Where Personal information Is Stored.

The Companies process personal information on our servers in the United States of America and in other countries. In some cases, we may process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

Information Sharing With Entities Other Than Users Of The Services.

We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

We do not share your non-public personally identifiable information (such as mobile phone number or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

We do share non-personally-identifiable information (such as anonymous User usage data) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality of the Services.

We may release personally identifiable information and/or non-personally-identifiable 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 (such as U.S. Copyright Law) or to respond to a court order, subpoena, or search warrant.

The Companies also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information that the Companies believe, in good faith, is appropriate or necessary to enforce our Terms of Service and End-User License Agreement, to take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our websites and services, and to protect the rights, property, or personal safety of the Companies, our Users or others.

Third-party Advertisers, Links To Other Sites, Third Party Services.

The Companies may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Services. These third-party ad servers or ad networks use technology to send the advertisements and links that appear on the Services. They automatically receive your IP address when this happens. They may also use other technologies to measure the effectiveness of their advertisements and to personalize the advertising content you see.

The Companies do not provide any non-public personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

However, please note that if an advertiser asks the Companies to show an advertisement to a certain audience segment (for example, Users in a particular location) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Companies' Sites, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This privacy policy does not apply to, and we cannot control the activities of, such other advertisers or websites.

Users may also post links to other sites or services on or through the Services. The Companies are not responsible for the privacy policies and/or practices on other sites or services. When linking to (or using a link to visit) another site or service, you should read the privacy policy stated on that site or service. Our privacy policy only governs information collected on or through Services.

Data Integrity.

The Companies process personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our Users to update or correct their personal information whenever necessary.

Accessing And Updating Personal Information.

You may update or correct your personal profile information at any time by visiting your account settings page. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you account access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

We make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Data Security.

The Companies use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to the Companies and you do so at your own risk. Once we receive your transmission of information, the Companies make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If the Companies learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. The Companies may post a notice one or more of the Companies' websites 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. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us by sending an email to legal@moblast.com.

Childrens' Privacy.

The Companies do not knowingly collect or maintain personally identifiable information or non-personally-identifiable information from persons under 13 years of age, and no part of our websites or services are directed to persons under 13. If you are under 13 years of age, then please do not use the Services at any time or in any manner. If the Companies learn that personally identifiable information of persons under 13 years of age has been collected on or through the Services without verified parental consent, then the Companies will take the appropriate steps to delete this information.

Special Note For International Users.

The Services are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, this Privacy Policy, and our Terms of Service and End-User License Agreement, you are transferring your personal information to the United States and you consent to that transfer.

In the Event Of Merger, Sale, Or Bankruptcy.

In the event that the Companies, or either of them, are 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. In the unlikely 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.

Changes And Updates To This Privacy Policy.

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" 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 Policy in effect when we received the personal information you provided. Your continued use of the Services constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.

Enforcement.

The Companies regularly review their compliance with this Policy. Please feel free to direct any questions or concerns regarding this Privacy Policy or the Companies' treatment of personal information by contacting us through our group or by email. When we receive complaints, it is our policy to contact the complaining User regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between the Companies and an individual.

California Residents.

Under California law, California Residents who have an established business relationship with the Companies may choose to opt out of the Companies' disclosure of personal information about them to third parties for direct marketing purposes. As described above, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email support@moblast.com.