Last Updated: September 27, 2012

Table of Contents

  1. Introduction
  2. Personal Information and Location-Data That We Collect And How We Use It
  3. Non-Personal Information Collected Through Technology
  4. We Do Not Collect Personal Information From Persons Under the Age of 18 Without Proper Consent
  5. With Whom Location Labs Shares Location-based Data And Personal Information That It Collects
  6. Your Account and How to Access and Modify Your Account Information
  7. Other Applications/Services and Third Party Links
  8. Changes to the Privacy Policy and Notification Regarding Change in Use of Collected Data
  9. Location Labs Security Procedures
  10. Your California Privacy Rights
  11. International Operations; US-EU and US-Swiss Safe Harbor and How To Contact Location Labs
  12. Updates to Privacy Policy

1. Introduction

The terms of this Privacy Policy cover information and data collected by WaveMarket, Inc., dba “Location Labs,” when you access any Location Labs webpages, including but not limited to www.wavemarket.com, www.locationlabs.com, www.safely.com and www.veriplace.com (“Sites”) or any services for which Location Labs is the primary provider or is otherwise designated as a service provider in the applicable terms of use (collectively with Sites, the “Services”). We will refer to WaveMarket as “Location Labs,” “We” or “Us.”

As discussed below, Location Labs often partners with wireless carriers or other third parties in providing location-based services and their privacy policies will apply to you if you subscribe or use their services.

Location Labs is committed to offering Services that empower users to decide how they wish to share personal information and location-based data for mobile devices associated with their account. This Privacy Policy describes:

  • the information we collect, how we do so and the purposes of our collection
  • how we use and with whom we share such information
  • how you can access and update such information
  • the choices you can make about how we collect, use and share your information
  • how we protect the information we store about you

If you have questions regarding this Privacy Policy or our collection and use of information, please contact us as described in Section 12 (“How To Contact Location Labs”).

2. Personal Information and Location-Data That We Collect And How We Use It

Location Labs will collect personal information that is necessary for Location Labs to provide the Services or is otherwise voluntarily submitted by you. Personal Information is information you provide to Location Labs that reasonably and personally identifies you or a user associated with your account.

Location Labs provides location-based services. Due to the nature of location-based services, Location Labs necessarily collects the location of mobile devices. To the extent location-based data that Location Labs collects does or can be readily combined with other data to personally identify you, Location Labs will treat such data in the same way as other personal information. Location Labs will not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual. Location Labs collects and utilizes personal information and location data (a) to provide the Services; (b) to develop and maintain the ability to audit, research and analyze the Services with the goal of maintaining, protecting and improving our services; (c) to maintain and enhance the technical functioning of our network and services; (d) to enhance existing and/or develop new services; and (e) to investigate or take action regarding alleged or actual misuse of the Services, alleged or actual illegal activities, alleged or actual violations of the applicable terms and conditions, or as permitted or required by law.

Please note that by becoming a user, you have given us your express and informed consent to transfer the data that you provide to us to the United States and to process it in the United States.

Below are specific examples of information we collect and the additional ways in which we use such:

  • Location-Based Services. Location Labs provides location-based services, so we necessarily collect and use users’ telephone numbers, location of mobile devices and location-based information to provide the requested Service. For example:
    • Certain Services allow you to create personal landmarks (i.e. location-based information). Such landmarks will not be visible to other users or the public generally but they will be used by Location Labs to provide the Services.
    • Certain Services access your wireless account to verify your identity or your relationship/ownership of other devices on your account and Location Labs uses such information to provide the Services.
    • Certain Services allow you to disclose the geographic location of mobile devices associated with your account so that they are visible to other users that you specify. Location Labs utilizes such location-data to provide the given Service and will disclose it consistent with the preferences configured in your account.
    • Certain Services allow you to share the geographic location of your mobile device with other applications. Consistent with the terms of service for each such Service, you can control which applications – if any – receive such location-data, and thus, how it is disclosed with respect to such applications. Location Labs utilizes such data to provide the given Service and will disclose it consistent with the preferences configured in your account.
    • Certain mobile devices may automatically relay location data to Location Labs and we use such information to provide the Services.
  • Account Data. To use the Services (but not all Sites), you must create an account or otherwise register with Location Labs and, depending on the Service, you will be required to provide one or more of the following: your telephone number, name, email address, ZIP/postal code and/or a password. For certain Services you may voluntarily provide other information, including other personal information. And for a limited number of Services that require you to pay a fee to Location Labs, we will process your credit card information. All of this information is collectively referred to as Account Data. Some of this information standing alone is not personal information but when it is combined with other information, it may be deemed personal information. In that situation, we will treat the information as such.
    • Account Data is necessary for establishing your account and requested services and we use it to provide the Services to you. We may use your Account Data to send you (a) Welcome notices; (b) service-related or security-related notices and announcements; (c) notices required or permitted to be provided under our agreement with you (“Legal Notices”); and/or (d) promotional notices.
  • Public Communications. If you choose to participate in “public” postings or sessions or any other type of similar exchanges that are available as part of a given Service, you may voluntarily disclose personal information to others or the public generally, and you solely are responsible for such disclosures. When users disclose information to the public, others may collect and use such information. Location Labs has no control over third parties accessing and utilizing information you post or otherwise make available to others that you specify or the public generally.
  • Communications With Location Labs. When you contact Location Labs via e-mail, SMS or otherwise, such communication may include personal information and non-personal information. Location Labs uses and retains this information for the purposes stated above and to process your inquiries.

3. Non-Personal Information Collected Through Technology

In providing our Services, we also collect other information that does not personally identify you (non-personal information) as an individual (such as, patterns of utilization) and this data is exclusively owned by Location Labs. We reserve the right to disclose non-personal information to third parties. We have listed below specific examples of non-personal information we collect and how we use it.

  • Cookies. A cookie is a tiny data file, which resides on your computer, which allows Location Labs to recognize you when you return to our site using the same computer and web browser. One type of cookie, known as a “persistent” cookie, is set once you have logged in to your Location Labs account. The next time you visit the Site(s), the persistent cookie will allow us to recognize you as an existing user. To access or change any of your private information (such as contact information), however, you must enter your password even if your computer contains your persistent cookie. Additionally, if you log out of the Services Site you will need to re-enter your password the next time you wish to access it.

    We also use “session” cookies to identify a particular visit to a Location Labs website. Session cookies expire after a short time or when you close your web browser. We use session cookies to make it easier for you to navigate the Sites/Services.

    Like the information you enter at registration, cookies allow for the customization of the user experience with respect to the Sites and Services. However, a cookie does not necessarily include any personal information, and we do not store personal information in cookies unless you expressly direct us to do so.

    You may modify your Web browser to prevent or notify you whenever a cookie is sent to your computer. Unfortunately, if your browser settings do not allow cookies or you reject a cookie, you may still access the Sites or Services, but such access may be limited and you may not be able to use all the functionality associated with them.

  • Log Files. Consistent with communications standards on the Internet, when you visit the Sites, our servers automatically receive and record information on our server logs from your browser, which may include the URLs of the site you were viewing before clicking on the Location Labs-associated URL, your IP address, cookies, the type of web browser and operating system you are using, the webpages you request and click-stream data and other types of data.

    We use this information to analyze overall trends, to administer our webpages, to track users’ use of the webpages, to gather information about those we provide services to and to otherwise help us improve Location Labs’ services. Standing alone, this information is not personal information. To the extent it is combined with other data and becomes personal information, it will be treated as such.

  • Web Beacons. Web beacons (also known as clear gifs or Web Bugs) are pieces of data embedded in images included on Location Labs web pages. Location Labs uses web beacons to improve how it delivers the Services to you and other users.

4. We Do Not Collect Personal Information From Persons Under the Age of 18 Without Proper Consent

Location Labs does not direct its Sites or Services to or knowingly collect personal information from persons under the age of 18 (and if a resident of Alabama or Nebraska, not under the age of 19 and if a resident of Mississippi, not under the age of 21); provided however, Location Labs does provide its services with respect to persons under such ages for whom parental consent or other proper consent is provided to Location Labs. Any potential or current user who is under age and for whom parental/other proper consent has not been provided, must immediately cease using the Sites/services and notice should be sent to Location Labs: Privacy_support@locationlabs com. Or contact us at: Location Labs, Inc., Attn: Privacy Policy, 5980 Horton St., Suite 675, Emeryville, CA 94608.

5. With Whom Location Labs Shares Location-based Data And Personal Information That It Collects

  • When We Have Consent. When you use the Services, you may authorize us to disclose the location of mobile devices associated with your account or personal information included in your account to other users or in conjunction with third party applications that you voluntarily choose to utilize.

    If you do not provide consent or you withdraw your consent, then you will not be allowed to access or you will be required to stop using the Service as your consent is necessary for us to provide the Service.

  • Service Providers And Wireless Carriers. Location Labs will share location-data and personal information with third parties with which we have a relationship in order to provide the Location Labs Services as follows:
    • Location Labs may share with its business partners (“LL Service Providers”) any personal or non-personal information about you, including but not limited to your name, e-mail address, location data, usage patterns, uploaded images, text, information and any other content so that Location Labs may provide the Services.
    • LL Service Providers process information per our instructions. We require them to comply with our Privacy Policy and to maintain appropriate confidentiality and security measures. LL Service Providers are prohibited from using your personal information for any purpose other than provision of the Services.
    • Location Labs must exchange information with applicable Wireless Carriers (including mobile virtual network operators) to deliver the Services you request and in doing so, Location Labs must comply with your Wireless Carrier’s Privacy Policy. As such, Location Labs requests and strongly recommends that you review the privacy policy of your Wireless Carrier.

    You may not opt-out of Location Labs sharing location-data and personal information as described in this section because this type of sharing necessary for us to provide the Service.

  • Business Transitions. In the event we go through a business transition, such as a merger, acquisition by another company or sale of all or a portion of our assets, your personal information will most likely be among the assets transferred. Provided that we have an email address for you, we may notify you via email of any such change in ownership or control of your personal information. As such, it is important that you maintain a current email address as part of your account.
  • Business Transactions. Location Labs may disclose to third parties restricted location-based data that is based on actual location-based data Location Labs collects. Restricted location-based data does not identify you and to the best of Location Labs’ knowledge cannot be easily combined with other data such that third parties may personally identify you. Because this type of information does not include personally identifiable information, you may not opt-out.
  • As Required By Applicable Law Or As Necessary to Defend Legal Claims Against Location Labs. There are times when we disclose personal information if legally required to do so. For example, we may provide personal information or location-data to respond to subpoenas, court orders, governmental requests or legal process. We may also disclose personal information and/or location-data if legally necessary to establish or exercise our legal rights or defend against legal claims; and upon doing so would take steps to prevent the public disclosure of any users’ personal information. Due to the nature of this type of type of disclosure, you may not opt-out.

6. Your Account, How to Opt-Out and How to Access and Modify Your Account Information

Location Labs requests that you submit and maintain accurate and up-to-date information in any Location Labs account you establish.

For Services for which you register, you must make corrections to or update any information you have posted on or under your account and you can do so by logging onto your account.

We reserve the right to send you via text messages, e-mail or otherwise certain communications relating to the Services, such as Welcome notice, service announcements, security notices and Legal Notices, without offering you the opportunity to opt-out of receiving them.

If you wish to opt-out of receiving promotional notices or optional service-related notices/announcements, please log-in to your Service account to update your preferences as you wish.

If you wish to close your account, you will need to follow the procedures included in the terms of service (or equivalent agreement) applicable to the given Service.

When you stop using the Services, we reserve the right to retain certain data contributed by you if necessary to prevent fraud or future abuse, for any legitimate business purpose (such as analysis of aggregated, non-personally-identifiable data, account recovery) or if required by or consistent with applicable law. All retained data will continue to be subject to the terms of this Privacy Policy.

7. Other Applications/Services and Third Party Links.

You may subscribe directly to applications/services offered by other providers that interface with the Services, such as ULS. These other providers will likely collect personal and non-personal information from you, as well as location-based information about mobile devices that you use with such applications/services. As such, Location Labs strongly recommends that you review the privacy policy of those providers.

The Sites and/or Services may provide links to websites of Location Labs’ business partners or other entities. Location Labs is not responsible for the privacy practices of any of these third parties. Once you click on such links, you leave our website and we do not have any control over that other website. We strongly recommend that you review the privacy statement applicable to the website in question.

8. Changes to the Privacy Policy and Notification Regarding Change in Use of Collected Data

Location Labs wants you to be aware of the information we collect, how we use it and under what circumstances, if any, we disclose it. Location Labs, however, does reserve the right to change this policy at any time. In the event that we change the Privacy Policy, we will post a notice regarding the changes on our Sites with the date that we post it and the changes will be effective upon posting.

In the event there are significant or material changes in the way we treat your personal information, we will notify you by posting a conspicuous notice on our Sites and in this Privacy Policy and/or send you an email/message announcing such changes. You are responsible for regularly reviewing this Privacy Policy so that you will be apprised of any changes.

If we decide to use your personal information in a manner materially different than stated at the time it was collected, we will either provide you with written notice of such change provided that we have a current email address for you or post a conspicuous notice on our Sites and in this privacy policy. We will not use your personal information in a manner materially different than stated at the time it was collected until we have obtain your consent.

Each version of this Privacy Policy will be identified at the top of the page by its effective date. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

9. Location Labs Security Procedures

Location Labs is committed to maintaining the security of personal information it collects and takes reasonable precautions to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction of the data we have collected. This includes internal reviews of our data collection, storage and processing practices and security measures, as well as, physical security measures to guard against unauthorized access to our systems.

We limit access to your personal information to employees and consultants (“Personnel”) who we reasonably believe require access to your personal information to provide the Services, including but not limited to customer support, marketing and product management, among others. Also, we share general location-data with Personnel who we reasonably believe require access to such, but we do not share actual location-data with them.

Location Labs retains all of the information it collects under this Privacy Policy for as long as it is required by law or there is a business need for it.

10. Your California Privacy Rights

Under California Civil Code sections 1798.83, California residents may request a notice describing what categories of personal customer information Location Labs shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. To the extent applicable to Location Labs, such notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Location Labs, Inc., Attn: Privacy Policy, 5980 Horton St., Suite 675, Emeryville, CA 94608. Please specify that you are requesting the California Privacy Rights Notice and allow at least 30 days for a response.

11. International Operations; US-EU and US-Swiss Safe Harbors and How To Contact Location Labs

Location Labs stores information about Site visitors and users of the Services on servers located in the United States and Location Labs may also store such information on servers and equipment in other countries. Personal data collected within European Economic Area (“EEA”) may be transferred to, and stored at, a destination outside of EEA.

The data we hold may also be processed by employees operating outside of the EEA who work for us or for one of our Service Providers. Such staff may be engaged in, among other things, (i) the processing of transactions and your payment details and (ii) the provision of support services. By submitting your personal data and/or using the Services, you agree to this transfer, storing or processing.

Location Labs complies with the EU Safe Harbor Privacy Framework and the US-Swiss Safe Harbor Framework as administered by the United States Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland and has self-certified our privacy practices as consistent with the Safe Harbor principles: Notice, Choice, Onward Transfer, Access and Accuracy, Security, Data Integrity and Enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

In compliance with the Safe Harbor Principles, Location Labs commits to resolve complaints about your privacy and our collection or use of your personal information. Any person, including European Union or Swiss citizens, with inquiries or complaints regarding this privacy policy should first contact Location Labs by writing to:

Privacy_support@locationlabs.com

or

Location Labs
Attn: Privacy Policy
5980 Horton St., Suite 675,
Emeryville, CA 94608

Location Labs has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Again, if you have any questions or concerns regarding this Privacy Policy, including the Safe Harbor Privacy Framework, you should contact us at Privacy_support@locationlabs.com.

12. Updates to Privacy Policy

  • On May 11, 2007, revised to reflect then-current WaveMarket services
  • On May 15, 2009, revised to reflect Veriplace services and makes other updates
  • On February 18, 2011, revised to reflect WaveMarket’s new business address, that WaveMarket is dba as Location Labs, that Veriplace is now known as Universal Locator Service or ULS on a going forward basis and minor wording updates
  • On September 28, 2011, revised to reflect compliance with Safe Harbor Principles
  • On September 27, 2012, revised to reflect updates to Safe Harbor Principles