Privacy Policy

This Privacy Policy Statement applies to all services offered by Openwave Messaging, Inc., and its affiliates (together “Openwave Messaging”). The terms “our”, “we”, “us”, and “Openwave Messaging” refer to Openwave Messaging, Inc., a Delaware corporation.  By visiting our Site or otherwise submitting your personal information to us, you accept and agree to the practices described in this statement.

Personal Information
Openwave Messaging gathers personal information to better meet your individual needs, to respond to specific requests for information, to operate our services and to make you aware of new products or offerings in which you might be interested. Further, we may ask for or request the provision of personal information to enable us to resolve suspected issues with our solutions. Such personal information which you voluntarily submit shall include, but is not limited to, your name, address, email address, telephone number, information regarding your interest in Openwave Messaging’s products and services, your employer, and your employment position (“Personal Information”).

Personal information shall be relevant for the purposes for which it is to be used and shall not be processed in a manner that is incompatible such purpose. We will not retain your Personal Information for longer than is necessary to fulfil the purposes for which it was collected or as required by applicable laws or regulations. We use your Personal Information to contact you or send you information that you have requested or that we feel will be of interest to you. We may contact you via phone, email, or postal mail. We generally provide an option for you to choose not to receive these types of communications. If we send you a promotional or marketing based email, we will include an option to unsubscribe in the footer of the email.  However, even if you request not to be contacted by us, we reserve the right to use your Personal Information as necessary to send you crucial information about Openwave Messaging products or services that you have purchased from us or information about changes to our privacy policy.

Personal information collected on Openwave Messagaing sites and services may be stored and processed in the United States or any other country in which Openwave Messaging or its affiliates or service providers maintain facilities. Openwave Messaging complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.  Openwave Messaging has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Openwave Messaging’s certification, please visit http://www.export.gov/safeharbor/.  If you represent an organization, you will ensure that each member of your organization (including employees and contractors) about whom personal information may be provided to Openwave Messaging has given his or her express consent to our processing of such personal information.

Non-Personally Identifying Information
We may also automatically collect information about your use through, for example, "cookies" or "IP addresses."  However, this information is not collected and stored in a personally identifiable manner. This information helps us evaluate and improve your experience and is also used for marketing and investment analysis. Additionally, third parties place cookies and other tracking technologies on our Site, but only in aggregate statistical form that includes no personal information.  A "cookie" is a piece of data stored on a user's hard drive containing information about the user. When you visit our site, Openwave Messaging may place a "cookie" on your computer's hard drive in order to improve your experience by recognizing you when you visit our site and in order to allow us to optimize the information presented to you based on your demonstrated areas of interest. Cookies may also be used to compile aggregate information about areas of our site that is visited most frequently. This aggregate traffic information can be used to enhance the content of our site and make your experience more enjoyable. If you've set your browser to reject cookies, you can still use our site, but you may need to re-enter information that would normally be obtained from the cookie (for example, your email address). You can also set your browser to warn you before accepting cookies. If you do, you will receive a warning message each time our site attempts to place a cookie on your hard drive.

Use of Contractors and Service Providers
Openwave Messaging uses third parties (including contractors and service providers) to help with certain aspects of its operations, which may require disclosure of your personal information to them. For example, Openwave Messaging may use a third party to communicate with you (via telephone, email, or regular mail) about our products or services, to send information to you through an email service provider, to host our website and related services, , and to perform other work that we may need to outsource. These parties required to keep all personal information received from us confidential, applying the same level of privacy protection as set out in this privacy policy and may not use it for any other purpose other than originally intended. Except as set out in this statement, we will not disclose your personal information outside of Openwave Messaging and its affiliates without your consent.

Legal Requirements and Investigations
We will disclose your personal information to a third party if we are required to do so by law or if we, in good faith, believe that such action is necessary to: (1) comply with the law or with legal process; (2) protect and defend our rights and property or prevent fraud; (3) protect against abuse, misuse or unauthorized use of Openwave Messaging products or services; or (4) protect the personal safety or property of our personnel, users or the public (among other things, this means that if you provide false or deceptive registration information or attempt to pose as someone else, information about you  including your computer's IP address - may be disclosed to a third party (including the recipient of an email) as part of any type of investigation into your actions.)

Public Forums
If you use a blog, developer forum, or other public forum on our website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and can be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

Corporate Family
We may share some or all of your personal information with any current or future Affiliate. (For purposes for this Privacy Policy “Affiliate” shall mean a parent company, a subsidiary, joint venture, or other company under a common control with Openwave Messaging), in which case we will require the Affiliate to honor this Privacy Policy. If another company acquires Openwave Messaging (or a business unit of Openwave Messaging that uses your personal information), that company will possess the personal information collected by Openwave Messaging and it will assume the rights and obligations regarding your personal information as described in this privacy policy. We will notify you of these changes as described below in “Changes to the Privacy Policy.”

Security
Openwave Messaging employs industry-standard security procedures and processes to safeguard the confidentiality of our users' personal information. We, or our agents and partners on our behalf, do everything in our reasonable control to protect your information. Where one of our partners or agents has access to or maintains sensitive personal information, we enter into confidentiality agreements in order to ensure the privacy of such user information. Internally, access to all of our users' and registrants' personally identifiable information is restricted to those employees who need access in order to fulfil their job responsibilities. Our employees with such access have password-protected computer terminals so that only they may access such information. Furthermore, Openwave Messaging employees who deal with user information are kept up to date on various security and privacy practice issues as they arise.

Finally, the servers for our site are stored in a physically secured facility off site. Beyond the physical security of your information, we also back up our servers regularly to prevent loss of data. While it is our goal to safeguard our users' and members' personal information, we cannot ensure or warrant the security of any transmission and your information is submitted at your own risk.

Linked Sites
Our site may link to other websites and widgets not controlled by Openwave Messaging. We are not responsible for the privacy or security practices of any other websites. We therefore encourage you to read the privacy policies on those other websites. These widgets may have a feature where your email is collected to send information to another third party. Please refer to their privacy policy when you enter your personal information.

Changes to the Privacy Policy
Any changes to this Privacy Policy will be promptly posted on this Privacy Policy page, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.  We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page.

Data Access Requests
You may access your personal information on request, except as otherwise prohibited by law, and confer on individuals the right to have your personal information amended if found to be incorrect. For information on our Access Request Policy, please send us a request to legal@owmessaging.com. Alternatively, you can write to the Data Protection Officer, 42-47 Lower Mount Street, Dublin 2, Ireland.

Enforcement
We comply with data protection laws in the jurisdictions where we conduct our business. We regularly review our Privacy Policy to ensure compliance.
If you have any questions, comments or have complaint to make regarding our policy please email us at legal@owmessaging.com or contact the Data Protection Officer, 42-47 Lower Mount Street, Dublin 2, Ireland. If your enquiry has not been satisfactorily addressed or your complaint cannot be resolved through our internal processes, please contact the relevant EU data protection authorities in your jurisdiction.