AT&T Broadband TV/MobiTV Privacy Policy

IMPORTANT NOTICE
 
The AT&T Broadband TV Service (the "Service") is a service brought to you by MobiTV, Inc .("MobiTV"), co-branded and sold together with AT&T Internet Services, that enables you to receive audiovisual content on computers and certain other electronic devices. When you register to use the Service and submit your personal information on the registration form, this information will be supplied to both MobiTV and AT&T. Both companies are committed to protecting your privacy. To determine how MobiTV will treat your personal information, please refer to the MobiTV® Service Privacy Policy set forth below. To determine how AT&T will treat your personal information, please review the AT&T Privacy Policy.

AT&T Broadband TV® SERVICE PRIVACY POLICY

This Privacy Policy applies to information collected by MobiTV in connection with its operation of the Service. This Policy does not apply to information collected on other Web sites operated by MobiTV, such as www.MobiTV.com. To find out how MobiTV handles information collected on those Web sites, please read the privacy policies located at those sites.

YOUR PRIVACY IS IMPORTANT TO US

At MobiTV we are committed to maintaining the privacy and accuracy of your personal information and protecting such information from loss, misuse and unauthorized access and disclosure. This Privacy Policy describes how MobiTV treats information received about you when you register to use the Service, when you provide information to us, and when you use the Service.

WHAT INFORMATION DOES MOBITV COLLECT?

It is important to know that we collect different types of information. We use each type of information in different ways, as explained in more detail below. The terms defined below are used throughout our Privacy Policy.

  1. "Personal Information" is any information that personally identifies you as an individual. Examples of this type of information would be your name, address, telephone number, email address, and other information that personally identifies you.
  2. "Anonymous Information" does not personally identify you as an individual. It is information collected without connecting it to any name, address, or other Personal Information. Although this data does not personally identify you, it does provide us with anonymous information about how people are using our Service.
  3. "Anonymous Viewing Data" is one type of Anonymous Information. It is certain viewing information collected by us, such as which programs are viewed, the average data transfer rate, length of viewing sessions, and other similar data. Anonymous Viewing Data is not linked to your Personal Information and therefore does not identify you as an individual.

Personal Information

MobiTV collects certain information that personally identifies you. When you register to become a user of the Service, MobiTV collects your name, email address, password, billing address, and credit card number.

Personal Information may also be collected at other times by specifically requesting it from you, such as when you order premium services, when you request other promotional material, when we ask you to complete customer surveys, participate in contests, and in other circumstances when you interact with the Service or our employees, agents and contractors working to provide the Service to you.

Anonymous Information

MobiTV collects and stores Anonymous Information relating to the use of the Service. For example, MobiTV's servers automatically gather Anonymous Viewing Data, such as which programs you view and for how long, and the geographic location from which you are logging in to receive the Service. Similarly, for network monitoring purposes, the Service records how many devices in the aggregate are connected to the Service in particular geographic locations. All of this Anonymous Information gathered from your use of the Service is stored by MobiTV under an automatically generated identification number that will not be linked to your name or your other Personal Information without your consent, except as specifically provided in the Use of Anonymous Information Section below.

HOW DOES MOBITV USE THE INFORMATION IT COLLECTS?

Use of Personal Information

MobiTV collects and uses Personal Information to (a) operate and deliver the Service, (b) process or collect payments and for other billing purposes, (c) assist you with questions and resolve problems relating to your use of the Service, and (d) product upgrades, software upgrades, changes to the service, technical and administrative issues, and other information related to the Service, and (e) with your permission, to alert you to new products and special offers.

Use of Anonymous Information

MobiTV uses Anonymous Information to effectively operate the Service and enhance your experience using the Service. For example, we may use Anonymous Information to diagnose and correct problems with the Service and to optimize the performance of our computer network. We also may use your geographic location in order to comply with blackout and other geographic restrictions that may apply to the programming offered through the Service or to verify if you have already received a free trial before enrolling you.

Anonymous Viewing Data may be used to make programming decisions for the Service. It may also be used to tailor the Service to your preferences, including providing you with advertisements that may be of interest to you, and to provide service enhancements to you.

In some cases, it may be necessary to link Anonymous Information relating to your use of the Service with you individually in order to correct problems that you may be experiencing with the Service. We may also link Anonymous Information with Personal Information in rare cases when usage patterns and other Anonymous Information indicate that one or more subscribers are violating the MobiTV Terms of Service and End-User License Agreement or are engage in illegal activities.

WITH WHOM DOES MOBITV SHARE THE INFORMATION THAT IS COLLECTED?

Personal Information

MobiTV will not share your Personal Information with third parties without your consent, except in the very limited circumstances outlined in the Special Circumstances section below. Your Personal Information is not otherwise sold, marketed or shared with third parties without your permission.

Anonymous Information

Anonymous Information may be shared with third parties for research, market analysis, or other similar purposes. We also share Anonymous Viewing Data with third parties who supply us with programming for the Service. MobiTV will only share Anonymous Information with third parties if the information is disclosed in a manner that does not identify individual subscribers to the third parties concerned.

ARE THERE ANY SPECIAL CIRCUMSTANCES THAT MAY REQUIRE MY INFORMATION TO BE SHARED WITH THIRD PARTIES?

MobiTV may disclose Personal Information and/or Anonymous Information if required to do so by law or in the good-faith belief that such action is necessary or appropriate to (a) conform to the edicts of the law or comply with legal process served on MobiTV, (b) protect and defend the rights or property of MobiTV, the Service, or the users of the Service, whether or not required to do so by law, or (c) protect the personal safety of users of the Service or the public. MobiTV reserves the right to contact appropriate authorities and disclose Personal or Anonymous Information to them at its discretion when it appears that individuals using our products or services are engaged in activities that are illegal or violate the MobiTV Terms of Service And End-User License Agreement.

Should MobiTV merge with or be acquired by another company, or if the business unit providing your service were sold to another company, then customer information maintained by MobiTV, including Personal and Anonymous Information, may be transferred to and used by the resulting combined company. If MobiTV were to cease operations, this customer data might be transferred to and used by another company, which offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this would provide you with continuity of service.

From time to time, MobiTV may also share Personal Information with third parties for their use to provide services to MobiTV in the operation and delivery of the Service, such as to process or collect payments, provide customer care or other service for subscribers' accounts, or provide the products and services associated with the Service. All such third parties are prohibited from use of such Personal Information except to provide such services to MobiTV, and they are also required to maintain the confidentiality of such Personal Information.

HOW CAN YOU UPDATE OR CORRECT YOUR INFORMATION?

MobiTV believes in and supports your right to access and edit the Personal Information you have provided us. You may may call us at 1-877-795-5300 to make such a change.

DOES MOBITV COLLECT INFORMATION FROM CHILDREN UNDER 13?

MobiTV currently does not knowingly collect or use Personal Information from children under 13, and MobiTV will not do so in the future without first obtaining verifiable consent from their parents. Should a child whom MobiTV knows to be under 13 send Personal Information to MobiTV, MobiTV will only use that information to respond directly to that child or seek parental consent.

WHAT TYPES OF SECURITY MEASURES ARE IN PLACE TO PROTECT YOUR INFORMATION?

MobiTV maintains a variety of physical, electronic, and procedural safeguards to guard your information. For example, information transmitted from your computer or other device to the Service is automatically encrypted for your protection. Once your information reaches us, it resides on a server that is heavily guarded both physically and electronically. In order to prevent unauthorized access into our systems, our servers sit behind an electronic firewall and are not directly connected to the Internet. These technologies and methods increase the security and privacy of information traveling to, from and within the Service. While we cannot guarantee that loss, misuse or alteration of your data will not occur, we work hard to prevent such occurrences.

MobiTV also safeguards Personal Information from unauthorized access. Only authorized MobiTV employees or agents carrying out permitted business functions are permitted to access Personal Information. Employees who violate MobiTV's privacy access policies are subject to disciplinary actions, including termination when appropriate. In addition, MobiTV encourages all users of the Service to review the privacy policies posted by the Web sites visited over the Internet, including those linked to from the Service, to ensure that these Web sites also protect Personal Information. MobiTV is not responsible for Personal Information you provide to such sites or the privacy practices and other polices of such sites.

DOES MOBITV USE COOKIES?

Cookies are small text files that are placed on the hard drive of your computer by a Web site you visit. These files identify your computer and record your preferences and other data about your visit so that when you return to the site, the site knows who you are and can personalize your visit. In operating the Service, MobiTV uses cookies to authenticate you as an authorize user of the Service and to improve your experience using the Service. You may set your browser to reject cookies, but this may affect your ability to use some parts of the Service.

As technology advances and cookies provide more functionality, we may utilize them in different ways in the future. As we do so, this Policy will be updated to provide you with more information.

HOW CAN I FIND OUT ABOUT CHANGES TO THIS PRIVACY NOTICE?

MobiTV may make changes to this Policy from time to time. We will post changes to our Privacy Policy here, so be sure to check back periodically. We may also notify you of significant changes by email or in other ways.

WHAT IF I HAVE OTHER QUESTIONS, COMMENTS, OR CONCERNS ABOUT PRIVACY?

If you have any questions or comments about our use of Personal Information or about this Privacy Policy, please contact us at privacy@MobiTV.com. MobiTV will use reasonable efforts to promptly investigate any complaint you may have regarding our use of Personal Information and to comply fully with the legal and regulatory supervisory authorities responsible for enforcing our adherence to the privacy principles stated above.

Last updated: September 21, 2006