TVPLUS PRIVACY POLICY

Effective Date: July 18, 2011

This Privacy Policy is by and between Spot411 Technologies, Inc. d/b/a TVPLUS (the Company, TVPLUS, Spot411, we) and users (user) of the TVPLUS website www.tvplus.com (the Site) and services that are delivered via the TVPLUS downloadable user applications ("Software"), available for download at www.tvplus.com (the Site), and otherwise delivered to devices such as telephones, mobile phones, tablet computers, netbooks, electronic readers, and computers (collectively, Devices) through the TVPLUS platform technology (the Platform), and sets forth the policies and practices for the collection of data and usage of information that apply to your use of the Site and the Service (as defined below).  Collectively, the Software, Platform and other services, software and intellectual property provided by the Company, used and made available in connection with each of the foregoing is collectively referred to herein as, the Service. By using or accessing the Site and the Service or any portion thereof, you accept the practices described in this Privacy Policy.

We respect the privacy of all users, and unless otherwise set forth in this Privacy Policy, the Terms of Use, the Copyright Policy, and if you installed the Software, the End User License Agreement, we will not release your Personal Information (as defined below) without your permission.   

1.          Sharing and Disclosure of Personal Information

Personal Information is unique information that identifies you, or any other person, as a distinct and identifiable individual.  Personal Information includes, without limitation, information such as your name, email address, telephone number, and mailing address.  However, when you designate or post information to be displayed publicly for others to see, your information, including your name and profile picture may be displayed. 

The Company does not read your online communications when you use any of the communication tools offered as through the Site or the Service. If, however, you use these tools to disclose information about yourself publicly (for example, in chat rooms or online message boards made available by the Service, or by sharing information through another network, such as Facebook or Twitter), other online users may obtain access to any information you provide.

We disclose information to companies and individuals we employ to perform functions on our behalf or that provide part of the Site and the Service, including the Software and the Platform.  Examples include hosting our web servers, analyzing data, providing marketing assistance, and providing customer service.  Additional examples may include licensors, subsidiaries, affiliates, distributors and suppliers.  These companies and individuals will have access to your Personal Information as necessary to perform their functions, but they may not share that information with any other third party.

We cannot ensure that all of your private communications and other Personal Information will never be disclosed through no fault of ours, not otherwise provided for in this Privacy Policy. By way of example, without limiting the foregoing, we may be forced to disclose personal information to the government to conform to certain legal requirements or respond to a subpoena or to third parties under circumstances we believe is necessary to protect the safety of members of the public and users of the Site and the Service. Moreover, third parties may unlawfully intercept or access your transmissions or communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your Personal Information or private communications will always remain private. However, we shall use reasonable commercial and legal efforts to protect our Users' information and to maintain the privacy of users.  

We reserve the right to transfer Personal Information to a successor in interest that acquires rights to that information as a result of the sale of the Company or a transfer of all or substantially all of its assets to that successor in interest. 

a.     User Account.  Some features of the Site and the Service are only available to users who have registered themselves with the Company as a user of the Site or the Service and created a User Account. When creating a User Account, you will be required to provide the Company with certain information, including but not limited to your full name, email address and zip code.  Additionally, you may be identified as a Registered User and create a User Account by providing the Company with a username and password chosen by you. A User Account may also be created through use of the Site or Service with a Device that allows the Platform to uniquely identify such Device.  Third party applications may permit you to associate your existing third party profile (such as your Facebook profile) with your User Account. The Company may also access certain profile information contained within your third party profile such as your screen name and your profile picture, and any changes made to your third party profile will be reflected when you post through the Service while logged into such other system or service (such as your Facebook profile information).  Your User Account identifies you to the Company and may also contain your personal preferences and saved items. 

a.b.     Email and Telephone Number Policy.  We will not share, sell, rent, swap or authorize any third party to use your email address or phone number without your permission. Your personal email address or phone number is not shared or displayed to other users.  We may use your email address or phone number to send you updates, text messages, a newsletter, or news regarding the Site or the Service; users may choose not to receive email of this type by changing their "notification" setting to "Do not send me notifications."

a.c.     Surveys and Promotions.  We may conduct surveys or sponsor promotions, sweepstakes, or contests through the Site or the Service.  You may be asked to provide Personal Information including name, phone number, email address or home address, or you may be asked to answer additional questions in order to participate.  Furthermore, we may transfer Personal Information to certain ad partners that you have explicitly requested to receive information from.  It will be clear at the point of collection who is collecting the Personal Information and whose privacy statement will apply.

2.          Non-Personal Information

Non-Personal Information is information that does not specifically identify you or any person as an individual, and includes, but is not limited to, such non-unique information like aggregated user data, userÕs web-browser type, userÕs browsing history, a userÕs Device type, a userÕs mobile carrier, a userÕs internet service provider, a userÕs activity on the Service (see Section 3 for more information on your User Account Activity).  Non-Personal Information is used to manage the Site and the Service, track usage and improve the Site and the Service and is not linked to any Personal Information.  Non-Personal Information may be shared with third-parties to provide more relevant services and advertisements to users.  User IP addresses and Device identifying information may also be recorded for security and monitoring purposes as well as providing more relevant advertisements.

a.     Aggregate Data.  Non-Personal Information may be collected about your usage of the Service or the Platform or retrieved from your User Account and aggregated with data from other users (Aggregate Data).  This Aggregate Data is anonymous and will not contain any Personal Information.  Aggregate data is collected to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users.  We may provide statistical information based on this data to advertisers and other current and potential business partners.

b.     Cookies.  Cookies are small text files that are placed on your computerÕs hard drive by a webpage server.  Cookies are used to store a userÕs preferences and to record session information.  Cookies are also used to prevent duplicative advertisements and to customize newsletter, advertising, and content available through the Service based on a userÕs browser type and User Account information.  We do not link the information we store in cookies to any Personal Information you submit while using the Site or the Service.  Advertisements appearing through the Site or the Service may be delivered to you by us or by one of our advertising partners.  Our advertising partners may set cookies which will allow the ad server to recognize your computer each time an advertiser sends you an online advertisement.  In this way, ad servers may compile information about where you, or others who are operating your computer, saw their advertisements and determine which ads are clicked through by you.  This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you.  We do not control these third party cookies and advertisers' use of cookies is subject to their own privacy policies, not this Privacy Policy.  You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set.  Each browser is different.  Refer to the "Help" menu of your browser to learn how to change your cookie preferences. However, please note that YOU MUST ENABLE COOKIES ON YOUR BROWSER IN ORDER TO USE MANY FUNCTIONS OF THE SITE OR THE SERVICE.

Conversion of Audio Data.  In order to enable the audio synch process, the Service is designed to activate the internal or external microphone(s) of your Device.  The Service uses your DeviceÕs microphone to detect ambient sounds in the proximity of your Device, including a program you are watching or conversations.  This audio detection feature allows your computerÕs RAM Memory to momentarily capture brief increments of ambient sounds in your environment (Audio Data). Through the Service, your Device then processes this Audio Data to generate a representative numerical value (Numerical Value).  The Audio Data is immediately deleted from your DeviceÕs RAM Memory after this conversation occurs.  Each Numerical Value is then transmitted to our servers to enable the Service to synchronize supplemental content on your Device to the program you are watching.  Only the Numerical Values are processed by the Service and they cannot be converted back into the original sounds. Because the sound is processed and converted immediately by your Device, no audio files are created or saved to your Device through use of the Service.  Except for matching and synching to the program you are watching, under no circumstances can Audio Data (or any content or conversations) be recreated or interpreted from the Numeric Values.  As such, the Service does not record, acquire or obtain any sound within the room, but instead only enables the Service to recognize that a match to the program you are watching has occurred. When a match occurs, the Service can sync supplemental content to the program you are watching and display such content on your Device.  By using the Service, you are authorizing the Company to activate your DeviceÕs microphone and process and convert all ambient sound to a Numerical Value for the sole purpose of enabling the Service to determine if a match has occurred and to generally provide the Service.  By using this Service you also agree that you will obtain similar consent from everyone within the range of the microphone as required by applicable law or any third parties.

3.          Usage Information

When you use Service we may collect information about your usage of the Service, such as the programs you watch, how often you watch those programs, and what other users you communicate with about which programs. If you are logged into the Service, we may associate that information with your User Account.  When you create a User Account, some information about your User Account and your account activity will be provided to other users of the Service.  Your activity associated with you User Account may be displayed to other users and may be aggregated and shared with your friends or other users.  For example, other users may see that you, as identified by your User Account name, are watching the same program. We may use the information collected through these methods for many purposes, including delivering content, tracking and enhancing our guests' experience through the Service or through other services that you designate (e.g., to your Facebook profile page). 

4.          Third Party Tools

To help facilitate user registration, and to increase the usefulness of the Site and the Service to our users, we offer third party tools, including a single sign-on service that allows you to sign into your User Account by using your third party login credentials, such as from your Facebook account. This allows you to associate your existing third party profile with a registered User Account.  You can disassociate your User Account from a third-party registration account at any time by logging into the third party website.

a.     Facebook. If you have a Facebook account, the Company may allow you to log in to the Service using Facebook Connect/Login ("Connect"), a Facebook application that enables the Service to work just like the platform applications you find on Facebook.com. Once you allow the Service to connect with Facebook, you will be able to use your Facebook login information to log into the Service, and you will be able to publish your activity on the Service to your Facebook profile. Whenever you post anything through the Service that you might want to publish to Facebook, such as watching or commenting on a video, we will ask you whether you want to publish that activity on your Facebook news feed. We will not generate or publish any Facebook news feed and/or other stories about actions you take through the Service without your permission.  Additionally, by using Connect, you permit the Service to access Facebook information related to you (including your profile information, friends, and privacy settings). In order to make Connect possible, you agree to allow Facebook to check your Facebook cookies when you are utilizing the Service, and allow Facebook to receive information concerning the actions you take through the Service (which we will only send with your permission). The information shared with Facebook will be transmitted to and stored by Facebook on servers in the United States. This may include the activity associated with your User Account, such as what programs you are watching. In the event you no longer want the Service to publish stories about you, or want to otherwise limit the ways in which the Service interacts with your Facebook account, you can always disable this feature by changing your application settings in Facebook.  This Privacy Policy applies to information collected by Spot411 through Connect, however, your activities on Facebook are covered by the Facebook privacy policy and other terms of use (www.facebook.com/terms.php and www.facebook.com/policy.php). If any of your messages (or any portion thereof) are chosen to be included in the Spot411 Platform feed (the Feed), your Facebook name will appear along with your user avatar and your message in the Feed, which is viewable by all users of the Service. 

a.b.     Twitter.  If you have a Twitter account, the Company may allow you to log in to the Service using your Twitter login. Once you allow the Service to connect with Twitter, you will be able to use your Twitter login information to log into the Service, and you will be able to publish some of your activity on the Service to your Twitter page. We will ask you whether you want to publish your Service activity to your Twitter page. We will not generate any stories about actions you take through the Service without your permission.  Additionally, by using your Twitter login to access the Service, you permit the Service to access Twitter information related to you (including your profile information, followers, and privacy settings).  By using your Twitter login to access the Service you agree to allow Twitter to check your Twitter cookies when you are utilizing the Service, and allow Twitter to receive information concerning the actions you take through the Service (which we will only send with your permission). In the event you no longer want the Service to publish stories about you, or want to otherwise limit the ways in which the Service interacts with your Twitter account, you can always disable this feature by changing your application settings in Twitter. This Privacy Policy applies to information collected by Spot411 through your Twitter login, however, your activities on Twitter are covered by the Twitter privacy policy and other terms of use (http://twitter.com/tos and http://twitter.com/privacy).

5.          Third Party Links

The Site and the Service provides you with content from third parties and links to third party websites.  We may also carry advertisements from other companies.  We are not responsible for the privacy practices of websites or other services operated by third parties that are linked from or integrated with the Service, or for the privacy practices of third party Internet advertising companies.  Once you access such links through the Site or the Service, leave the Site or the Service via such a link, access a third party application (such as widgets), or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any Personal Information they collect from you.

6.          Children Under Age 13

Users of the Service must be aged 13 years or older.  Unless we have permission from the legal guardian of a user who is under 13 years of age, we do not allow persons under age 13 to create a User Accounts nor do we knowingly collect or solicit Personal Information from anyone under the age of 13.  In the event that we learn that information has been collected from a child under age 13 without verification of parental or guardian consent, that information will be deleted as quickly as possible.  If you believe that we might have any information from or about a child under 13, please contact us.

7.          Changes in Our Privacy Policy

We will occasionally update this Privacy Policy to reflect changes in our services and customer feedback. When we post changes to this Privacy Policy, we will revise the "effective" date at the top of this Privacy Policy.  If there are material changes to this statement or in how we will use your Personal Information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification.  We encourage you to periodically review this statement to be informed of how we are protecting your information.

8.          Security

We use commercially reasonable measures to protect your information that is stored within our database, and we restrict access to user information to those companies and individuals we employ or contract with that need access to perform their functions, such as our customer service personnel and technical staff.   User Accounts are secured by user-created passwords, Devices or through use of third party user created login and passwords (e.g., Facebook Connect).  Please note that we cannot guarantee the security of User Account information, including that information on your Device.  Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

This Privacy Policy is governed by California law. By using the Site or the Service, you agree that any and all controversies arising under this Privacy Policy shall be resolved exclusively within a court with jurisdiction in Orange County, California. 

If you need to contact us regarding this Privacy Policy, we can be reached at legal@tvplus.com.