OpenPeak® Toggle® Privacy Notice

Thank you for using the OpenPeak Toggle solution on your mobile device. In order to enhance your experience with Toggle, OpenPeak Inc. ("OpenPeak") may collect and use certain types of information relating to your use of Toggle, as described in this Privacy Notice.

Please read this Privacy Notice carefully. It provides important information on how your privacy is protected when using Toggle on your mobile device.
By using OpenPeak Toggle, you consent to the terms and conditions set forth in this Privacy Notice.

Summary

• The OpenPeak Toggle solution will allow your Company or other authorized entity (e.g., your school or government employer) ("your Company") to access your mobile device and to view and manage applications, transactions, and information on your mobile device. Your company may collect certain personally identifiable information that could identify you and your mobile device to allow your Company to provide you with applications and content of specific interest or use to you as a Company employee.

• OpenPeak may collect information relating to the applications you download and use on your mobile device to generate Anonymous User Experience Information. Anonymous User Experience Information, however, is not associated with or linked to you or anyone else who uses your mobile device. OpenPeak and certain authorized partners may use Anonymous User Experience Information for legitimate purposes that are beneficial to you as a Toggle user, including improving the products and services that are available to you as a Toggle user.

Terms and Conditions

1. Your Company and Your Mobile Device.

Toggle enables functionality that gives your Company the ability to install and manage corporate content and applications in an encrypted password-protected Toggle work environment on your mobile device, separate from your personal software, content and activity. Within the secure Toggle environment, both security and mobile device management will be controlled by your Company. This means that your Company will have visibility to all content, messages, and data, voice and SMS/MMS usage within the Toggle environment, can download and manage applications and content within the Toggle environment, and can lock or wipe the content of the Toggle environment.

In order to provide Toggle features and services to your mobile device, your Company may also collect personally identifiable information relating to you, including your name, your Company email address, your Company mailing address, and other Company contact information. Your Company may also collect certain information necessary to identify your mobile device, including the device unique serial number (ICCID), international mobile subscriber identity (IMSI), international mobile station equipment identity (IMEI), or media access control (MAC) address, as well as carrier information.

If your Company allows you to access Company information using applications that reside on the personal side of your mobile device (for example, by using applications that are not secured or wrapped for operation within the Toggle environment), your Company or others may have rights to review such information.

The specific means by which Your Company collects the foregoing information and the specific ways that Your Company uses such information to enable you to benefit from the Toggle service is beyond the scope of this Notice. Please consult your Company’s Toggle Administrator regarding your Company’s collection and use of such information.

2. Collection and Use of Anonymous User Experience Information.

Toggle is capable of tracking the nature and use of the applications on your mobile device and recording that information in an activity log. Specifically, the activity log may contain information such as the name, type or category of applications you download, and which applications you use, and how, when, and where you use them. Toggle can also monitor the amount of data you use. Toggle can automatically upload the activity logs and other Anonymous User Experience Information relating to the use of applications on your mobile device to OpenPeak or to authorized third parties via the Internet or via a cellular network on a periodic basis or in connection with a specific event, such as when you download data or services through Toggle.

Toggle can provide OpenPeak with accurate and reliable data regarding what applications a user downloads and uses on his or her mobile device. OpenPeak may analyze this data on an anonymous, aggregate basis to detect and identify general patterns and trends of Toggle users, which constitute and comprise Anonymous User Experience Information. Such Anonymous User Experience Information can be used, for example, to determine the most-downloaded applications or the most-frequently-used applications of all Toggle users during a certain period of time. OpenPeak uses such Information to improve and enhance the products and services available to Toggle users.

3. Disclosure of Anonymous User Experience Information.

3.1 .General.. We may as a general practice disclose Anonymous User Experience Information and any reports or analyses derived therefrom, to unaffiliated third parties, including advertisers, application providers, consumer and market research companies, vendors, and other organizations. This Information, however, is not associated with or linked to you or anyone else who uses the mobile device. OpenPeak contractually binds these contractors to use Anonymous User Experience Information only as necessary to perform the services they have been approved to perform. Such contractors and vendors are legally liable for misuse of any Anonymous User Experience Information.

3.2 Contractors. OpenPeak may use contractors to help with some of our operations. Some of these contractors will have access to our databases on a temporary basis for specific tasks. OpenPeak may also use authorized contractors to help with certain aspects of its operations, which may require disclosure of information to them. This information, however, is not associated with or linked to you or anyone else who uses the mobile device. OpenPeak contractually binds these contractors to use the information only as necessary to perform the services they are asked to perform. Such contractors and vendors are legally liable for misuse of any information.

3.3 Service and Content Providers. OpenPeak may provide Anonymous User Experience Information to certain service and content providers who may be able to link such Information to your mobile device through device identification information (e.g. ICCID, IMSI, IMEI, or MAC address) that they may retain independently. These parties include the service provider or carrier that provides services to your mobile phone. Access to such Information can enable such providers to deliver targeted applications and content of specific interest or use to you. OpenPeak contractually binds these partners to use Anonymous User Experience Information only as necessary to perform the services they are permitted to provide to you. Such providers are legally liable for misuse of any Anonymous User Experience Information.

4. Blocking Targeted Services You may elect to opt-out of the services that OpenPeak or its authorized third-party partners can provide to your mobile device based on Anonymous User Experience Information collected from your mobile device by sending a written request to OpenPeak as provided in Section 8.4 below.

5. Separate Rules for the OpenPeak Web Site We have a separate Privacy Notice that covers activities on our web site, which is available at http://www.openpeak.com/Toggle/privacy.

6. Third-Party Applications

Toggle will allow you to discover, manage, and use applications on your mobile device. These applications may be owned and provided by third parties, and may be subject to privacy terms and conditions that are different than the OpenPeak Privacy Notice. You understand and acknowledge that OpenPeak is not responsible for any such third-party applications you choose to download or access on your mobile phone. We caution you not to enter any personal or sensitive information (such as social security or credit card numbers) while using an application unless you have verified it is from a source that you trust.

7. Security of Information

OpenPeak uses industry-standard methods such as encryption to secure the communication of information from your mobile device to OpenPeak. In addition, OpenPeak uses industry-standard methods of securing its data servers and databases, including the use of firewalls and user- authentication protocols, in connection with hosting information for your Company. Except as provided elsewhere in this Privacy Notice, OpenPeak limits access to its servers and databases to those persons in the OpenPeak organization who have a valid business need for such access, including resolving technical deficiencies and aggregating and analyzing such Information for the purposes discussed in this Privacy Notice.

You should know that no one, including OpenPeak, can fully eliminate security risks associated with personal user information. Due to factors beyond our control, we cannot fully ensure that such information will not be disclosed to unauthorized persons or entities, who may circumvent our security measures to unlawfully intercept or access such information. In addition, we may be legally obligated to disclose personal user information in our possession or control to local, state or federal governmental agencies or others under certain circumstances (including in response to a subpoena).

OpenPeak will maintain relevant user-related information that it collects for as long as OpenPeak reasonably deems it to be necessary for legitimate business purposes. When such information is no longer considered necessary for these purposes, OpenPeak will destroy the information unless there is a legitimate outstanding request or order to inspect the information.

8. General

8.1 Copies of this Privacy Notice. The OpenPeak Toggle Privacy Notice is published on the World Wide Web at http://www.openpeak.com/Toggle/privacy. We have printed it here for your convenience, but we encourage you to check the web site or call us for a copy of the current Privacy Notice.

8.2 Future Features, Services, and Amendments to this Privacy Notice. We may add to or upgrade the Toggle services available to you with new features on an ongoing basis. We may also make available new services in the future. New services will be governed by the privacy policies of the respective service provider. To the extent that any new features or services may require amendments to this Privacy Notice to describe the treatment of Anonymous User Experience Information, these amendments are effective upon notice to you. In the event that we make a substantial and material change to our treatment of personal user information, such as a change in the way that we collect, use, or disclose such information, we will notify you of such planned change and offer you the opportunity to alter your use of Toggle on your mobile device.

8.3 Technical Problems. Even though OpenPeak has taken significant steps to ensure that your Anonymous User Experience Information is never collected, used, or disclosed by OpenPeak except as set forth by this Privacy Notice, technical mistakes are possible. If such a mistake takes place, we will take commercially reasonable steps to correct it.

8.4 Contact OpenPeak. Our intention is to be diligent in protecting your privacy by strictly following our Privacy Notice. If you would like to make suggestions or find out more about our privacy practices, please call us at 1-800-893-7800 or send us a letter or email. Our mailing address is OpenPeak Inc., Attn: Privacy Notice, 1750 Clint Moore Road, Boca Raton, Florida 33487 U.S.A.

Emails can be sent to info@openpeak.com

8.5 Entire Agreement.

This Privacy Notice supplements and is incorporated into the OpenPeak Toggle End-User Software License Agreement and any other OpenPeak end-user agreements. This Privacy Notice constitutes the entire agreement, and replaces and supersedes all prior agreements, between you and OpenPeak concerning the subject matter discussed in this Privacy Notice. Your use of the product accompanying this Privacy Notice will signify your acceptance of this Privacy Notice.

BY USING THE TOGGLE SOLUTION, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS ENTIRE PRIVACY POLICY AND YOU AGREE TO ALL THE TERMS OF THIS PRIVACY NOTICE AS STATED ABOVE.

OpenPeak Online Privacy Policy


We Value Your Privacy

Your privacy is important to us. To better protect your privacy we provide this Notice explaining our online information practices and the choices you can make about the way your information is collected and used.

The Information We Collect

If you do nothing during your visit but browse through the Web site and read the information contained on the Web site's pages, we may gather certain information about your visit automatically. This information does not identify you personally. For example, we may automatically gather the Internet domain or IP address from which you access our Web site, and the date and time you access our Web site and the pages you visit.

In addition, we may collect nonpublic personal information from you when you voluntarily provide personally identifiable information to us though our Web site, such as when ordering services⁄products and accessing account specific or other profile information. We may also collect information that we receive from others involved in your transactions, such as lenders.

We limit use of such information to the purposes for which the information was provided. However, we reserve the right to use such information for marketing⁄product development research and other similar purposes and⁄or to contact you regarding additional services or products that you may find useful. If you send an electronic mail (e-mail) message that includes personally identifiable information, for example, in an e-mail message containing an inquiry, we will use that information to respond to your inquiry.

Remember that e-mail is not necessarily secure against interception. If your communication is very sensitive, or includes information such as your bank account, charge card, or social security number, you should not send it electronically unless it is encrypted or our Web site indicates the particular site is secure. We may use "cookies" to improve our service to you. A cookie is a piece of data that identifies you as a unique user, and may, among other things, help us recall a previous visit. The cookies we use do not collect personally identifiable information, and we do not use them to determine your identity. If you are not comfortable with this use, you may configure your Web browser to be notified when cookies are to be received and to provide you with the option of refusing cookies. However, refusing cookies may limit your ability to use our Web site in its entirety.

The Way We Use Information

We may use the information you provide about yourself only for the purposes for which such information was provided. We do not share nonpublic personal information to third parties who are not affiliated with us, unless the law allows us to do so or if we are required to do so in order to comply with any valid legal process such as a search warrant, subpoena, statute, or court order. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED OR REQUIRED BY LAW.

We may use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with outside parties. You may be able to register with our Web site if you would like to receive information about our company as well as updates on our new products and services. Information you submit on our Web site will not be used for this purpose unless you fill out the registration form. We may use non-identifying and aggregate information to better design our Web site and to share with advertisers. Our employees may view information that you provide us in order to perform their jobs and service you. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and⁄or managerial procedures to safeguard and secure the information we collect online.

Acceptance

By using this Web site, you signify your understanding and acceptance of the terms of this Privacy Notice, as well as your consent to the collection and use of your information as described herein. If you do not agree to these terms, please do not use our Web site. We may decide from time to time to change this Policy Notice. When we do, we will post those changes on this page so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it. Your continued use of this Web site following the posting of changes to these terms will mean that you accept those changes.

Should you have other questions or concerns about this Privacy Notice, please send an e-mail to info@openpeak.com