GREYSTRIPE SITE PRIVACY NOTICE

Greystripe, Inc. ("Greystripe," or "we") values the privacy of you ("You," or, in the possessive form, "Your") as well as other users, customers, members, and others who visit and use a Greystripe owned or controller web site, WAP site, mobile device application and any other end-user services owned or controlled by Greystripe (collectively, "Greystripe" or the "Greystripe Service") (collectively or individually, "Users"). This Privacy Notice is incorporated into and is subject to the Terms of Service. Your use of the Greystripe Site or any Greystripe Service and any personal information You provide on any Greystripe owned or controlled Site or via Games remain subject to the terms of this Privacy Notice and the Terms of Service. As used herein, "Game" means one copy of game or application software for a mobile device.

Please contact Greystripe with questions or comments about this Privacy Notice at support (at) greystripe.com or by mail at 150 Executive Park Blvd., Suite 3000 San Francisco, CA 94134.

YOU SHOULD CAREFULLY READ THE FOLLOWING PRIVACY NOTICE BEFORE DOWNLOADING ANY GAME. BY INSTALLING, COPYING OR OTHERWISE USING ANY GAME AND/OR BY CLICKING THE "I ACCEPT" BUTTON (OR LINK) FROM YOUR MOBILE DEVICE OR ON ANY GREYSTRIPE SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY NOTICE.

IMPORTANT NOTICE: Normal carrier charges (WAP, GPRS, and SMS) and taxes may apply to text messages sent to You by Greystripe or any Greystripe Partner, and to data transfers incurred when You download Games from Greysrtipe and when the advertisements (which allow Greystripe to provide such Games to You at no cost) are downloaded to Your mobile device. By using any SMS sending feature of Greystripe, including without limitation the "SMS yourself a download link" feature, You expressly agree and consent to receive SMS communications from Greystripe. In addition, by choosing to download any Game, You expressly agree and consent to automatically receive advertisements from Greystripe and advertisers that utilize Greystripe\'s services on Your mobile device within the Games You download.

• "Automatically Collected" Information:
  • Game. When You download a Game, play a Game, view and/or interact with an advertisement, we may automatically record certain information from Your mobile phone by using different types of technology. This information "automatically collected" via the Game may include unique "application IDs", mobile phone make / model, mobile phone browser type, and user behavioral information, such as the advertisements viewed, duration of advertisement viewing, actions taken with an advertisement, Game plays, duration of Game play, country of Game play, date of Game play, and time of Game play.
  • Greystripe owned or controlled Site. When You visit a Greystripe owned or controlled Web or WAP Site or open an HTML email from Greystripe, we may automatically record certain information from Your web browser by using different types of technology, including "clear gifs" or "web beacons." This information "automatically collected" via the Greystripe Site may include unique "device IDs" (similar to IP Addresses), Internet Protocol address ("IP Address"), web browser type, the web pages or sites that You visit just before or just after the Greystripe Site, the pages You view on our site, and the dates and times that You visit the Greystripe Site.
• User-provided Information: You may provide to Greystripe what is generally called "personally identifiable" information (such as Your name, email address, postal mailing address, country, gender, phone number, carrier, etc.) if You register on the Greystripe Site, download Games, content or participate in other activities on the Greystripe Site or advertised via Games. In addition, some sections of the Greystripe Site and advertisements may invite You to receive more information from Greystripe or an advertiser, and in these cases we may request Your name and address.
• "Cookies" Information: When You visit the Greystripe Web or WAP Site or download and/or play a Game, we may send one or more cookies - small text files containing a string of alphanumeric characters - to Your computer or mobile device. Greystripe uses both session cookies and persistent cookies. A session cookie disappears after You close Your browser. A persistent cookie remains after You close Your browser and may be used by Your browser on subsequent visits, downloads, Game plays, or connections to the Greystripe Site or Greystripe's servers. Persistent cookies can be removed. Please review Your web browser and mobile device "Help" files or contact the mobile device manufacturer to learn the proper way to modify Your cookie settings.

• If You use any SMS sending feature of any Greystripe or Greystripe Partner Site, including without limitation the "SMS yourself a download link" feature, Greystripe uses the mobile phone number that You provide to send to You a text message via short message service ("SMS"), which includes a download link to the Game of Your choice. Greystripe does not send more than the requested SMS text messages.
• Greystripe uses "user-provided," "automatically collected," and "cookies" information to deliver to Your mobile device customized and targeted third-party advertisements and content.
• Greystripe may use Your email address or send a text message via SMS to Your mobile phone number, without further consent, for administrative purposes such as notifying You of major Greystripe updates, for customer service purposes, or to contact You regarding any Game that You have downloaded.
• Greystripe may use any of the information that we collect to operate, maintain, enhance, and provide to Users all of the features found on the Greystripe Site and within the Games.
• Greystripe may use any of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the Greystripe Site and Games work and look, and to create new features and functionality.
• Greystripe may use "automatically collected" and "cookies" information to: (a) remember Your information so that You will not have to re-enter it during Your visit or the next time You visit the Greystripe Site; (b) monitor the effectiveness of third-party marketing campaigns; (c) monitor aggregate site usage metrics such as total number of visitors and pages viewed; (d) monitor aggregate Game usage metrics such as total number of Games downloaded and played; and (e) track Your entries, submissions, and status in any promotions, sweepstakes, and contests.
• Greystripe will not use Your email address or other personally identifiable information to send promotional 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.

• Greystripe does not share Your personally identifiable information with other organizations for their marketing or promotional use without Your express consent.
• Greystripe discloses usage information, automatically collected and other aggregate non-personally identifiable information (such as advertisement viewership data and advertisement viewership demographic data) with interested third parties to assist them in understanding the usage, viewing, and demographic patterns for certain advertisements, content, programs, services, promotions, and/or functionality within Games and the Greystripe Site.
• We may disclose User information to affiliated companies or other businesses or persons to provide web site, WAP site, and advertisement server hosting, maintenance and security, offer certain functionality, improve our site or services, and create new site or service features. Greystripe requires that these parties process such information in compliance with this Privacy Notice, we authorize only a limited use of such information, and we require these parties to use appropriate confidentiality measures.
• Greystripe may disclose User 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 respond to a court order, judicial or other government subpoena, or warrant. We may make such disclosures without providing notice to Users in some cases.
• Greystripe also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Greystripe or our business partners from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Greystripe Site; and to protect the rights, property, or personal safety of Greystripe, our Users, or others.

Greystripe may offer an invite-a-friend service. If Greystripe does offer an invite-a-friend service, and You choose to use it, then Greystripe will collect Your friend's mobile phone number to process Your request. If You do provide a friend's mobile phone number, then Greystripe will automatically send to that friend a one-time text message on Your behalf inviting Your friend to join the Greystripe Site or download a Greystripe Game. Greystripe stores this information for the sole purpose of sending this one-time text message. Your friend may contact Greystripe at support (at) greystripe.com to request that Greystripe remove this information from our systems.

You may, of course, decline to share any personally identifiable information with Greystripe, in which case You will not be able to become a Greystripe Site member. You may update, correct, or delete Your member information and email subscription preferences at any time by going to the account section of the Greystripe Owned or Controlled Site.

To protect Your privacy and security, we take reasonable steps 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.

Greystripe may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Greystripe Services or Games. These third-party ad servers or ad networks use technology to send, directly to Your browser and/or mobile device, the advertisements and links that appear on the Greystripe Services or within Games. They may automatically receive Your IP Address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.

You should consult the respective privacy policies of these third-party ad servers or ad networks. Greystripe's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

Greystripe does not provide any personally identifiable information to these third-party ad servers or ad networks without Your consent except as part of a specific program or feature for which You will have the ability to opt-in.

Greystripe uses 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 Greystripe, and You do so at Your own risk. Once we receive Your transmission of information, Greystripe makes 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 Greystripe learns of a security systems breach, then we may attempt to notify You electronically so that You can take appropriate protective steps. Greystripe may post a notice on the Greystripe Site 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 You should notify us at support (at) greystripe.com.

Greystripe does not knowingly collect or maintain personally identifiable information on the Greystripe Site from persons under 13 years of age, and no part of the Greystripe site is directed to persons under 13. If Greystripe learns that personally identifiable information of persons less than 13 years of age has been collected on Greystripe without verifiable parental consent, then Greystripe will take the appropriate steps to delete this information. Parents who believe that their child has given personal information to Greystrupe may contact us at support@greystripe.com, and we will review and delete any of their child's personal information that we may have.

The Greystripe Site is hosted in the United States and is intended for United States visitors. If You are using the Greystripe Site or any Games from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that You are transferring Your personal data to the United States and by providing Your personal data You consent to that transfer.

In the event that Greystripe 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 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.

This Privacy Notice may be revised periodically without further notice to You and this will be reflected by the "last modified" notice below. 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 Greystripe Site or any Game constitutes Your agreement to this Privacy Notice and any future revisions.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information You have provided to us, we will make reasonable efforts to notify You and obtain Your consent before implementing such revisions with respect to such information.

This Privacy Notice was last modified on September 20, 2007.

Please contact Greystripe with any questions or comments about this Privacy Notice, Your personal information, our third-party disclosure practices, or Your consent choices at support (at) greystripe.com or by postal mail at 150 Executive Park Blvd., Suite 3000 San Francisco, CA 94134. We will respond to Your inquiry within 30 days of its receipt.