We reserve the right to modify this Privacy Policy at any time, so please review it regularly. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the website and other places we deem appropriate. All such changes shall be binding on you 30 days after they are initially posted on the website unless you are a new user, in which case they are binding on you immediately.

(a)General

In general, you can browse the website without telling us who you are or revealing any personal information about yourself. However, if you wish to purchase or download any of the products or use any of the services offered by the website, you may be required to disclose certain information to us. You always have the option to not provide information by choosing not to purchase or download a particular product or use a particular service or feature. PocketGear, Inc operates this website pursuant to agreements with Palm, Inc. Pursuant to such agreements, Palm, Inc. is entitled to access and use the information collected through this website to the same extent and in the same manner as PocketGear, Inc. Palm, Inc. has agreed to abide by this privacy policy and use the same restrictions and limitations applicable to PocketGear, Inc.

(b)Registration

In order to purchase or download products or use the services offered by this website, you must first create an account with us. You may have to establish a separate account if you use the services or purchase or download products from more than one website. During the account set-up process, you are required to give certain contact information, including your name, email address, and in some cases your approximate age. We use this information to contact you about the products services on our site in which you have expressed interest, and, the case of your approximate age, to determine whether you old enough to use the website. You may have the option to provide additional demographic information (such as income level, location, and gender) to us; we encourage you to submit this information so we can provide you a more personalized experience on our site. Where possible, we indicate which fields are required and which fields are optional.

(c)Orders

If you purchase or download a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and address) and, where applicable, financial information (such as credit card number, expiration date). We use this information for billing purposes and to fulfill your orders. If we have trouble processing an order, we will use this information to contact you.

(d)Surveys or Contests

From time-to-time we may provide you the opportunity to participate in contests or surveys on the website. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and email address), and demographic information (such as zip code). We use this information to notify contest winners and to award prizes. We may use a third party service provider to conduct these surveys or contests.

(e)Log Files

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information.

(f)Cookies

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site, unless you have elected to have the website "remember" you, in which case the cookie will be linked to your user name. We may use both session ID cookies and/or persistent cookies. We use session ID cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. We set a persistent cookie to store your password, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.

(g)Clear Gifs (Web Beacons/Web Bugs)

We may employ or our third party advertising partner may employ a software technology called clear gifs (a.k.a. web beacons/web bugs) that help us better manage content on or about the website by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, that are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on web pages or in HTML-based emails and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers' personally identifiable information. We may use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

(h)Correspondence

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the website, we may collect such information into a file specific to you.

(i)Third Party Advertisers

Ads appearing on this website may be delivered to users by a third party advertising partner. We may share website usage information about users with our advertising partners for the purpose of targeting our Internet banner advertisements on this site. Such information will not be linked to personally-identifiable information. Our advertising partners may use cookies and/or clear GIFs, which allow them to recognize a user when a user visits this website.

(j)Supplementation of Information

In order to provide certain services to you, we may on occasion supplement the personal information you submitted to us with information from third party sources.

(a)Generally

We use your personal information to fulfill orders and to facilitate the services you purchase or request from us. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the website to: resolve disputes; troubleshoot problems; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms and Conditions of Use; and as otherwise described to you at the time of collection. We may compare and review your personal information for errors, omissions and for accuracy.

(b)Communications from Us

i)Special Offers and Updates: We will occasionally send you information on special deals or promotions. Out of respect for your privacy, you have the option not to receive these types of communications. Please see the "Choice and Opt-out" section.

ii)Newsletters: If you wish to subscribe to our newsletters, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you have the option to unsubscribe from receiving some or all of the newsletters. Please see the "Choice and Opt-out" section.

iii)Service-related Announcements: We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

iv)Customer Service: Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account.

(c)Profile

We store information that we collect through your stated preferences, cookies, log files, clear gifs, and/or third party sources to create a "profile" of your preferences. We tie your personally identifiable information, and your activity history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you. We do not share your profile with other third parties, other than in aggregate, de-identified form.

(a)Generally

As a matter of policy, we do not sell or rent any of your personal information to third parties for their marketing purposes without first providing you with an opportunity to opt-out. However, the following describes some of the ways that we may disclose your personal information in the normal course of providing our services.

i)Aggregate Information (non-personally identifiable): We share aggregated, non-personally identifiable information about our user base with our partners and advertisers. This information does not identify individual users.

ii)Agents and Service Providers: We may use third parties to provide, on our behalf, some portions of the products and services available on the website. For instance, we use a credit card processing company to bill you for services, and we may use third party service providers to provide certain fulfillment services for some of our products or services. We use our best efforts, to the extent commercially reasonable, to ensure that these companies do not retain, share, store or use personally identifiable information that we disclose to them for such purposes for any other purposes.

(b)Your Use of the Website

If you participate in a bulletin board or other public forum offered by the website, your User ID will be displayed on any content that you post and will therefore be available to the public. Therefore, if you associate your name with your User ID, your name will be available to the public. Any other information about yourself that you include in such posts will be publicly available.

(c)Legal Requests

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.

(d)Disclaimer

We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the website.

We provide you the opportunity to "opt-out" of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you register with us but do not wish to receive any additional marketing material from us, you can indicate your preference on our registration form. If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at privacy@pocketgear.com. You may also update your preferences at any time by accessing our member information area. You will be notified before your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

This privacy statement applies only to information collected by this website. The website contains links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware of when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information.

If your personally identifiable information changes, or if you no longer desire some or all of our services, you may correct, update, delete or deactivate it by making the change on our account information pages or by emailing us at privacy@pocketgear.com.

The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us from unauthorized access, disclosure, alteration, or destruction, both during transmission and once we receive it.

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred.

If you have any questions or suggestions regarding our privacy policy, please contact us at privacy@pocketgear.com.