By installing or using the application, software and services known as “SpotPlus” (collectively, the “Application”), you individually or the entity on whose behalf you are acting (“You” or “Your”) agree that Your use of this Application or the website www.xemobi.com and/or www.spotpl.us(collectively the Website”) is subject to this Privacy Policy (“Policy”).

Xemobi Inc. and its affiliates (“Company” or “we”) respect Your privacy and are committed to protecting information You may provide or we collect in connection with Your use of the Application or the Website. This Privacy Policy describes what information is collected and how it is collected and used.

Information We May Collect

In order to facilitate Your use of the Application or Website, and in order to provide the full range of features of the Application, we may collect the following types of information (collectively, “Your Data”):

    • Personal Information The term “Personal Information” means any information that may be used to identify an individual, including, but not limited to, first and last names, email addresses (sender and recipient), or other personal information voluntarily provided by You in connection with Your use of the Application. Personal Information also includes log-in and registration information. You may register or access Your account information (e.g., user name and password) for SpotPlus or a service that integrates with SpotPlus such as Twitter. We may also collect Personal Information You choose to voluntarily provide to the Company when providing feedback or questions.
    • Contacts Information The term “Contacts Information” means any information that may be used to identify the contacts in your mobile device (iPhone/iPod) addressbook including, but not limited to, first and last names, email addresses, birthdays, wedding anniversaries or other information required to provide the event reminder functionality of the Application.
    • Technical Data The term “Technical Data” refers to technical information and related data about Your usage of the Application, such as the frequency of use or the pages visited within the Application.
    • Individual Content and Communications The term “Individual Content” is defined in the Applications Terms of Use and License Agreement (the “Terms”). The most recent version of the Terms is located at www.xemobi.com.

Consent to Transfer/Disclosure

By using the Application or visiting the Website, You hereby unambiguously consent to the collection and processing of Your Data by Company and to the transfer of Your Data, as necessary, across international borders, including but not limited to, Companys headquarters in the United States. You further agree and give Company the right to disclose Your Data to law enforcement authorities, government officials, and/or a third party, as Company believes is reasonably necessary or appropriate to enforce and/or verify Your compliance with any part of this Agreement or the Terms (including but not limited to Companys right to cooperate with any legal process in relation to Your use of Application and/or a third party claim that Your use is unlawful and/or infringes such third partys rights).

How We Use Information Collected

The Company only collects, uses and processes Your Data for the purposes of facilitating Your use of the Application and the purposes outlined in this policy. This may include the following: to perform the tasks You request the Application to perform, to personalize Your experience, to keep You up to date on the latest announcements regarding the Application or upgrades or updates, and to better understand Your needs and provide You with better services. This use includes transmission of Your Data to the Twitter service in order to process Your posting and communications, and such use is subject to Twitters Terms of Service and Privacy Policy, as provided on www.twitter.com . We may also use Your Data to respond to Your inquiries regarding the performance of the Application or any feedback You may provide. You may “opt out” of receiving any further communications from us.

The Company may utilize Your Technical Data to better understand and evaluate the use of the Application, and this Technical Data may be shared with a third parties, including current or prospective partners or advertisers, or a third party retained by the Company solely to provide us with reports and analytics of the usage of the Application.

You acknowledge that if You input any messages in a “tweet stream” section of the Application, this Individual Content (along with Your Twitter user name) will be displayed to other users of the Application viewing the same tweet stream as well as on Your Twitter page.

The Company will not disclose any of Your Personal Information to a third party unless:

      • We have Your express written consent;
      • We need to investigate or take legal action due to a violation of this Policy or the Terms; or
      • We are required to do so by law, or if we have a good-faith belief that such action is necessary to comply with a court order or subpoena, to cooperate with investigations by law enforcement or regulatory authorities or to participate or cooperate with a judicial proceeding, or in urgent circumstances, to protect personal safety, the public, the Company or our Application.

In the event of a merger, consolidation or reorganization involving the acquisition of the Company by another company, a sale of all or a portion of Companys assets, or other similar transaction, Your Data will, in most instances, be transferred to the control of the third party that is part of that transaction.

We do NOT use, transfer or share Your Data in any manner which is not explained above.

Data Security

We are committed to protecting Your Data to the extent is in our possession and do so with certain physical and technological procedures. However, we cannot ensure the security of Your Data after its transmission or the security of Your Data on Your iPhone device, on Your Twitter page, or another computer. We urge you to take every precaution to protect Your Data.
Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. If we make any substantial changes in the way we use your personal information we will make that information available to You.

This agreement was last modified on 10/20/2013

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