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Pone User Agreement

Pone User Agreement

General Conditions
Article 1: DEFINITIONS
In this Agreement the following capitalized definitions are used in both the singular
and plural form.

1.1 Account: refers to Your account for the use of Pone Software and for the payment
and use of the Service;
1.2 Administrator: means an authorised representative of a business who has
registered for a Pone Manager account (a Pone account for use by a business) with
Pone on behalf of a business, and who is responsible for the administration of that
account, including without limitation the purchase and assignment of Numbers.
Separate Pone Terms of Use apply;
1.3 Affiliate: any corporation, company or other entity that directly or indirectly
controls, is controlled by, or is under common control with, Pone. For the purpose of
this definition, the word “control” shall mean the direct or indirect ownership of more
than fifty percent (50%) of the outstanding voting stock of the corporation, company,
or other entity.
1.4 Agreement: means these User Agreement between Pone and You for the use of
the Service;
1.5 Number: means the number as defined by your local numbering plan, allocated to
You by Pone, for the use of Service or other number based products or services;
1.6 Password: refers to a code You select, which, in combination with the User ID,
gives You access to Your Account;
1.7 PSTN User: refers to a user of the Public Switched Telephone Network
(“PSTN”);
1.8 Pone: refers to the entity Sigma Telecom LLC with its address at; Barbaros Dist.
Ak Zambak st. Uphill Towers, A block, Floor: 25 / Bridge, Atasehir, Istanbul, Turkey.
1.9 Pone Credit: means the payment method that can be used to purchase Calls to
mobiles and landlines, and in some cases other products such as Pone Voice messages
and the Service, or other services or products as defined by Pone;
1.10 Service: means the service consisting of the provision of the Number and the
provision of incoming calls into the Number, excluding always the reception of any
incoming calls with extra charges;
1.11 Calls to mobiles and landlines: means the service provided by Pone, on
separate terms of service, which enables You to make calls to PSTN Users;
1.12 Pone Software: means the software distributed by Pone for internet
communications, enabling You to use the Service, including without limitation any
subsequent programming fixes, updates, upgrades and new versions of such software;
1.13 Pone User Agreement: means the terms of use (i) between Pone and You for the
license to use the Pone Software and (ii) between Pone and You, to the extent
applicable, for the provision and use of Calls to mobiles and landlines, Voice
messages and other such products as designated by Pone from time to time, set out
at www.pone.com.tr
1.14 User ID: refers to an identification code You selected, which in combination
with the Password, gives access to Your Account;
1.15 Voice messages: means the Pone Software feature which allows You to receive
voice messages from PSTN Users and other Pone Software users;
1.16 Website: means any and all elements and contents of the website available –
amongst other URLs – under the URL www.Pone.com.tr, from which website the
Pone Software can be downloaded;
1.17 You: You, the end user of the Service and licensee of Pone Software, also used in
the form “Your” where applicable.

Article 2: GENERAL PROVISIONS
2.1 No warranties: Pone will try to provide the Service with minimum disruptions.
However please understand that Pone cannot guarantee that the Service will always
function without disruptions, delay or other imperfections. Since the Service will be
transmitted through public Internet lines and the PSTN, there may be power outages
or Internet service disruption and You may experience some disruptions e.g. packet
loss and delay which will interfere with the quality of Your communication.
Additionally, You also understand that calls to or from the PSTN are not encrypted
and as such, could be potentially subject to interception by law enforcement officials
or other such monitoring by other legally authorised third parties. Pone will not be
liable for any disruption, delays, monitoring, eavesdropping or other omissions in the
Service.
2.2 Technical improvement and maintenance: Pone may change technical features
in order to keep pace with the latest demands and technological developments or to
comply with any regulations. Pone may also have to repair, improve, and/or upgrade
the Service and this may require us to restrict, limit, suspend, interfere and/or
interrupt the Service.
2.3 Content of communications: Pone does not control, or have any knowledge of
the content of any communication(s) spread by the use of the Service. The content of
the communication is entirely the responsibility of the person from whom such
content originated. You, therefore, may be exposed to content that is offensive, illegal,
harmful to minors, indecent or otherwise objectionable. Pone will not be liable for any
type of communication received by means of Service.
2.4 License. No transfer of (property) rights. You shall only obtain a non-exclusive
and non-transferable right for the use of the Number. You acknowledge and
understand that the provision of the Service and allocation of Number hereunder does
not in any way imply or constitute any transfer of intellectual property rights with
regard to the Number or Service.

Article 3: Number and Voice messages
3.1 Allocation of the Number. If You have bought and are eligible for a Number,
Pone will allocate it to You as soon as reasonably possible after the receipt of Your
request and receipt by Pone of Your payment. If a Number is allocated to You by an
Administrator, the right to use that Number and the cancellation of such right will be
exercised by the Administrator at his sole discretion – additional Pone terms of use
will apply in such circumstances.
3.2 No guarantee. Pone shall endeavour to allocate the Number and enable You to be
reached by PSTN Users in Your Number. However, Pone cannot guarantee that the
Number can be allocated to You or that You can make use of Service.
3.3 Refuse, change or terminate Numbers. Pone is entitled, without any liability to
You, to refuse, change or terminate any Number at any time. In particular, without
limiting the generality of the foregoing, Pone reserves the right to immediately
withdraw the Number should You not comply with the terms of this Agreement, the
instructions given by Pone and/or Pone, the requirement accurately to verify the area
of your residency (see Article 4.2) or the requirements of the relevant national number
plan.
3.4 Change of the Number. In the event that Pone changes the Number that has been
allocated to You, You will be notified by e-mail, stating the effective date of the
change and Your new Number. If You do not wish to accept such new number, You
are entitled to terminate Your Number, in writing or by e-mail the support page
on www.pone.com.tr with effect from the date on which the new Number is allocated.
Pone will not be liable for any damages resulting from the change of Number.
3.5 Voice messages. In case Voice messages is offered in connection with Service
hereunder, You acknowledge and agree that such product is provided by Pone and that
You must accept and agree to Pone User Agreement (www.pone.com.tr) for Your right
to use Voice messages.

Article 4: YOUR COOPERATION
4.1 Use of the Service. You agree to use the Service in accordance with this
Agreement and the relevant legislation. Further, You guarantee that You will comply
with any reasonable instructions given by Pone or Pone with regard to the use of the
Numbers and that You will comply with the requirements of the relevant national
numbering plan. You cannot use the Service to receive reverse-charge or collect calls.
4.2 Information. You will be required to provide Pone in good time with any data or
information necessary for a proper provision of the Service. In particular, You agree to
provide accurate and complete information with regard to Your place of residence and
Your use of the Number, and all such other information with regard to fulfilment of
the requirements of the number plan, as may reasonably be required from time-totime
by Pone. Upon requesting a Number, You will be required to self-verify that You
are resident in the area matching the geographical-prefix of Number You select,
before any Number can be allocated to You.
4.3 No reselling. You agree not to resell the Service to any third party.
4.4 Lawful purposes. You acknowledge and agree to use the Number and Service
solely for lawful purposes. In this respect You may not, without limitation, use Your
Account, Number or Service in any fraudulent way or get involved in any unwanted
profane, offensive, obscene or sexual exchanges or to attempt to harm a young person
in any way.
4.5 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PONE AND
ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL
LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES
INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT
OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY INSTRUCTIONS
GIVEN BY PONE OR PONE, ANY APPLICABLE LAW OR REGULATION, OR
THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OR MISUSE
OF THE NUMBER OR THE SERVICE.

Article 5: USER ID, PASSWORD AND ACCOUNT
5.1 User ID, Password and Account. In order to make use of the Service, You need
to download and keep in place the Pone Software and register for an Account with
Your chosen User ID and Password. You are solely responsible for maintaining the
confidentiality of Your User ID and Password, and responsible and liable for all
activities conducted through Your User ID, Password and Account, even if this occurs
without Your permission.
5.2 Notification and Indemnification. You agree to immediately notify Pone or Pone
in writing of any unauthorised or fraudulent use of Your User ID, Password or
Account in connection with the use of Service, and agree to indemnify Pone and Pone
against any and all third party claims and all related liabilities arising out of, or
relating to, such unauthorized or fraudulent use. Pone and Pone will not be liable for
any damages resulting from the unauthorised and/or fraudulent use of Your User ID,
Password or Account.
5.3 Change of User ID and Password. Pone reserves the right to have Your User ID
or Password changed if this is in the interest of the functioning of the Service or to
prevent fraudulent use of Numbers or the Service.

Article 6: PAYMENT AND REFUND POLICY
6.1 Charges. To purchase the Service You need to pay the applicable charges. You
may pay for the Service with credit card or other payment methods made available.
Unless otherwise stated upon purchase, You shall not be able to use Pone Credit for
the purchase of the Service hereunder. For the credit card purchase You must give a
valid credit card number (Visa, MasterCard or any other then accepted issuer). For the
avoidance of doubt, the list of accepted issuers is subject to change.
6.2 Activating Account. In the event You have a password or voucher number which
represents a credit balance for the Service, You can activate such credit balance on
Your respective account by typing the password or voucher number on the relevant
part of the website.
6.3 Number Auto-renew. When you purchase a Number we will enable its autorenewal
at the end of your chosen subscription period. This means that the Number
allocated to you will be auto-renewed for the same period and using the payment
method You chose when You first signed up for the Service. This will occur
approximately three (3) days before Your subscription expires. You can disable this
functionality at any time by accessing Your User Account.
6.4 Refund Policy. The mere allocation of a Number constitutes “use” of the Service
and therefore subscriptions to Numbers cannot be refunded. However, refunds may be
justified in light of the services provided and will be considered on a case by case
basis. This section does not affect your statutory rights.

Article 7: TARIFFS AND PAYMENT
7.1 Payment. In order to purchase the Service You need to pay the tariffs as stated in
connection with Your purchase. Tariffs and charges shall be payable in such currency
as stated in connection with Your purchase, including such value added taxes (VAT)
or other eventually applicable taxes as defined to You upon purchase.
7.2 Change of tariffs. You hereby acknowledge and agree that the price for Service is
unchangeable during Your ongoing prepaid subscription, but subject to change for
consecutive periods of subscription. Eventual new prices shall be communicated to
You in connection with Your subsequent purchase of the Service. If You don’t agree to
such change in price, You are entitled to terminate this Agreement.
7.3 Charged in error. In the event You believe that You have been charged in error,
You must contact the support team through www.pone.com.tr within 90 days after
such charge. For the avoidance of doubt, You shall lose Your right to ask for a refund
or adjustments for any charges that are more than 90 days old.
7.4 Term for the Service. You can only make use of the Service during the relevant
prepaid subscription period chosen by You, and are responsible of extending such
period should You wish to continue using the Service thereafter. Each extension is
regarded as a new Agreement.

Article 8: PRIVACY, PERSONAL DATA AND TRAFFIC DATA
8.1 Privacy Policies. Pone’s and Pone’s Privacy Policy, published on their respective
websites at www.Pone.com.tr apply to the use of personal data and the traffic data, as
well as the confidential information transmitted via the Service. As stated in these
Privacy Policies, in order to provide You with a Number and/or the Service, it may
sometimes be necessary to share Your personal and traffic data with carriers,
distributors, partnering service providers and/or agents. Furthermore, Pone and/or
their local partners may need to provide such data to designated competent authorities
upon request, or may need to enter into further activities due to local regulations, for
example with regard to the interception of communications, if requested by such
authorities. Your personal information shall not be sold or rented to third parties for
their marketing purposes without Your explicit consent and Your information shall be
used only as described in the Privacy Policies. Your information is stored and
processed on computers that are protected by physical as well as technological
security devices and that may be located outside Your country. You can access and
modify the information You provide in accordance with the Privacy Policies. If You
object to Your information being transferred or used as set out in the Privacy Policy
please do not use the Service and Number.

Article 9: LIMITATION OF LIABILITY
9.1 IN NO EVENT SHALL PONE, ITS AFFILIATES, ITS LICENSORS OR PONE
STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:
(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES; AND
(ii) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR
INDIRECT).
9.2 THE LIMITATIONS ON PONE’S LIABILITY TO YOU IN PARAGRAPH 9.1
ABOVE SHALL APPLY WHETHER OR NOT PONE, ITS AFFILIATES OR THE
PONE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES
OR DAMAGES ARISING.
9.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR
RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING
THE LIABILITY OF PONE FOR (I) THE DEATH OR PERSONAL INJURY
CAUSED BY THE NEGLIGENCE OF PONE, THE PONE STAFF OR ITS
AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR
EXCLUDED BY LAW.
9.4 PONE’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE
TERMS OF SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE
AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTH PERIOD
PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT
CLAIM, SUBJECT TO A MAXIMUM OF 1,000 USD (UNLESS THE LOSS IS
DUE TO PONE’S WILLFUL DEFAULT OR GROSS NEGLIGENCE).
9.5 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES.
THE SERVICE DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY
EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER PONE
NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR
LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR
CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY
TO USE THE SERVICE TO CONTACT EMERGENCY SERVICES, AND YOUR
FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS
EMERGENCY SERVICES IN ACCORDANCE WITH THE FIRST PARAGRAPH
OF THESE TERMS AS SET OUT ABOVE.
9.6 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. PONE
DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION
TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY
CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES.
NEITHER PONE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE
HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM,
DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH
CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL
SUCH CONTENT, PRODUCTS OR SERVICES.
9.7 Jurisdiction Limitations. As some jurisdictions do not allow some of the
exclusions or limitations as established above, some of these exclusions or limitations
may not apply to You. In that event the liability will be limited as far as legally
possible under the applicable legislation.

Article 10: FORCE MAJEURE
10.1 You acknowledge and understand that the Service does not function, and Pone
will not be in breach of any of its obligations towards You under this Agreement, in
the event of a force majeure event. A force majeure event means any event beyond the
control of Pone.
10.2 Consequences of force majeure. In the event Pone (or its third party) is affected
by a force majeure event, it shall promptly notify You of the estimated extent and
duration of its inability to perform or delay in performing its obligations, on a
reasonable efforts basis. PONE SHALL NOT HAVE ANY LIABILITY TO YOU
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS
OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH
FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

Article 11: TERM AND TERMINATION
11.1 Term. The Agreement will be effective as of the date of Your acceptance thereof
by clicking on the accept button or similar buttons or links as may be designated by
Pone, or the date of Your first use of the Service, whichever occurs earlier, and will
remain effective until the end of the term for the Service as defined in Article 7.4,
unless terminated by either Pone or You as set out below.
11.2 Termination by You. You may terminate the Agreement at any time, under the
conditions provided herein.
11.3 Termination by Pone. Without limiting other remedies, and without being liable
for the consequences thereof, Pone or its Affiliates may terminate the Service with
immediate effect, automatically and without recourse to the courts, and may limit,
suspend, or terminate Your use of the Service: if a local regulatory authority or court
with lawful mandate requires Pone to terminate the provision of the Service, if Pone is
unable to continue the Service due to a change in regulations with regard to the
Service, if any agreement between Pone and Pone upon which the continued
provision of the Service is reliant is terminated, or if we think that You are in breach
of these Terms of Service, creating problems, possible legal liabilities, acting
inconsistently with the letter or spirit of Pone’s or Pone’s policies, infringing someone
else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities,
or for other similar reasons, with immediate effect and without recourse to the courts.
Pone shall effect such termination by preventing Your access to Your User Account,
the Service and Pone Software. If You provided a valid email address, Pone may
provide notice to You by email. Further, in case of termination of the Pone Terms of
Use this Agreement shall immediately terminate.
11.4 Consequences of Termination. Upon termination of the Agreement for any
reason all licenses and rights to use the Number and Service shall terminate and You
will cease any and all use thereof.
11.5 Survival. All provisions which must survive in order to give effect to their
meaning shall survive any expiration or termination of the Agreement, including
without limitation, all of Your representations, warranties and indemnification
obligations.

Article 12: MISCELLANEOUS
12.1 New versions of the Agreement. Pone reserves the right to modify this
Agreement at any time by having such revised Agreement provided to You or by
publishing the revised Agreement on the Website where Numbers are being offered
hereunder. The changes shall be effective when published. Your continued use of the
Service after any changes are posted shall constitute Your acceptance to be bound by
the terms and conditions of the revised Agreement. If You do not wish to accept these
revised Agreement, You are entitled to terminate Your Account, in writing or by email
to the support team at www.pone.com.tr with effect from the date on which the
revised Agreement becomes effective.
12.2 Entire Agreement. The terms and conditions of these Terms of Service
constitute the entire agreement between You and Pone with respect to the Pone
subject matter hereof and will supersede and replace all prior understandings and
agreements, in whatever form, regarding the subject matter. Nothing in this clause
shall exclude or restrict the liability of either You or Pone arising from fraud or
fraudulent misrepresentation. Pone Terms of Use also apply as described herein, and
nothing in this Article seeks to exclude their operation as provided for.
12.3 Adjustment of the Service. Pone reserves the right to adjust the Service at any
time, for example to conform with legal and regulatory obligations without being
liable for the consequences. If You do not wish to accept the adjusted Service, You are
entitled to terminate Your Account, in writing or by e-mail to the support team at
www.pone.com.tr with effect from the date on which the adjusted Service will be
provided.
12.4 Partial Invalidity. If any provision of these Terms of Service, or any part of a
provision, is found by any court or administrative body of competent jurisdiction to
be illegal, invalid or unenforceable, and the provision (or part-provision) in question
is not of a fundamental nature to the Terms of Service as a whole, the legality, validity
or enforceability of the remainder of the Terms of Service (including the remainder of
the term which contains the relevant provision) shall not be affected.
12.5 No waiver. The failure to exercise, or delay in exercising, a right, power or
remedy provided by the Agreement or by law shall not constitute a waiver of that
right, power or remedy. If Pone waives a breach of any provision of the Terms of
Service this shall not operate as a waiver of a subsequent breach of that provision, or
as a waiver of a breach of any other provision.
12.6 No Assignment by You. You are not allowed to assign this Agreement or any
rights hereunder.
12.7 Assignment by Pone. Pone is allowed to, at its sole discretion, assign this
contract or any rights hereunder to any Affiliate, Pone, or any other third party
without giving prior notice.
12.8 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of New York without giving effect to the conflict of laws
provisions of the New York.
12.9 Competent Court. Any legal proceedings arising out of or relating to
Agreement will be subject to the jurisdiction of the New York Courts.
12.10 Language. The original English version of this Agreement may have been
translated into other languages. In the event of inconsistency or discrepancy between
the English version and any other language version of this Agreement, the English
language version shall prevail.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS
AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE
ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICE, YOU
EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS
AND GRANT TO PONE THE RIGHTS SET FORTH HEREIN.

Privacy Notice
The Information Sigma Collects
Pone is a registered brand of Sigma LLC (“Sigma”) and all the Services are provided
by Pone on behalf of them. Thus, whilst providing its Services, Sigma may obtain the
following types of information from or concerning you or your mobile phone device,
which may include information that can be used to identify you as specified below
(“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable
Information, such as your mobile phone number, push notification name (if
applicable), billing information (if applicable) and mobile device information to
Sigma when choosing to participate in various uses of the Sigma Service, such as
registering as a user, updating your status or requesting status for your contacts. In
order to provide the Sigma Service, Sigma will periodically access your address book
or contact list on your mobile phone to locate the mobile phone numbers of other
Sigma users (“in-network” numbers), or otherwise categorise other mobile phone
numbers as “out-network” numbers, which are stored as one-way irreversibly hashed
values.
Cookies Information: When you visit the Website or use the Services, we may send
one or more cookies – a small text file containing a string of alphanumeric characters –
to your computer that uniquely identifies your browser. Sigma uses both session
cookies and persistent cookies. A persistent cookie remains after you close your
browser. Persistent cookies may be used by your browser on subsequent visits to the
site. Persistent cookies can be removed by following your web browser help file
directions. A session cookie is temporary and disappears after you close your browser.
You can reset your web browser to refuse all cookies or to indicate when a cookie is
being sent. However, the Services may not function properly if the ability to accept
cookies is disabled.
Log File Information: When you use the Services, our servers automatically record
certain information that your web browser sends whenever you visit any website.
These server logs may include information such as your web request, Internet
Protocol (“IP”) address, browser type, browser language, referring / exit pages and
URLs, platform type, number of clicks, domain names, landing pages, pages viewed
and the order of those pages, the amount of time spent on particular pages, the date
and time of your request, one or more cookies that may uniquely identify your
browser, your phone number, phone number you are requesting the status of and
various status information. When you use the SigmaService, our servers log certain
general information that our application sends whenever a message is sent or
received, or if you update or request any status information, including time and date
stamps and the mobile phone numbers the messages were sent from and to.
The Way Sigma Uses Information
If you submit Personally Identifiable Information to us through Pone, or any Sigma
Services, then we use your personal information to operate, maintain, and provide to
you the features and functionality of the Services. In particular, your mobile phone
number is essential to your use of the Services and will be retained. Any billing
information that may be collected from you will be deleted thirty (30) days after the
termination of your account. Any Personally Identifiable Information or status content
that you voluntarily disclose on the Services becomes publicly available and may be
collected and used by other users of the Service (unless such user is blocked by you).
Your name (as it is saved in other user’s mobile phone address book or contact list)
may be displayed to other users through the Service and other users may contact you
through the Service. We do not use your mobile phone number or other Personally
Identifiable Information to send commercial or marketing messages without your
consent or except as part of a specific program or feature for which you will have the
ability to opt-in or opt-out. We may, however, use your mobile phone number (or
email address, if provided) without further consent for non-marketing or
administrative purposes (such as notifying you of major Service changes or for
customer service purposes). We may use both your Personally Identifiable
Information and certain non-personally-identifiable information (such as anonymous
user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to
improve the quality and design of the Services and to create new features, promotions,
functionality, and services by storing, tracking, and analyzing user preferences and
trends. We may use cookies and log file information to: (a) remember information so
that you will not have to re-enter it during your visit or the next time you use the
SigmaService or SigmaSite; (b) provide custom, personalized content and
information; (c) monitor individual and aggregate metrics such as total number of
visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.
When Sigma Discloses Information
We do not sell or share your Personally Identifiable Information (such as mobile
phone number) with other third-party companies for their commercial or marketing
use without your consent or except as part of a specific program or feature for which
you will have the ability to opt-in or opt-out. We may share your Personally
Identifiable Information with third party service providers to the extent that it is
reasonably necessary to perform, improve or maintain the Services. We may share
non-personally-identifiable information (such as anonymous User usage data,
referring / exit pages and URLs, platform types, asset views, number of clicks, etc.)
with interested third-parties to assist them in understanding the usage patterns for
certain content, services, advertisements, promotions, and/or functionality on the
Services. We may collect and release Personally Identifiable Information and/or nonpersonally-
identifiable information if required to do so by law, or in the good-faith
belief that such action is necessary to comply with state and federal laws (such as U.S.
Copyright Law), international law or respond to a court order, subpoena, or search
warrant or equivalent, or where in our reasonable belief, an individual’s physical
safety may be at risk or threatened. Sigma also reserves the right to disclose
Personally Identifiable Information and/or non-personally-identifiable information
that Sigma believes, in good faith, is appropriate or necessary to enforce our Terms of
Service, take precautions against liability, to investigate and defend itself against any
third-party claims or allegations, to assist government enforcement agencies, to
protect the security or integrity of the SigmaSite or our servers, and to protect the
rights, property, or personal safety of our users or others.
Your Choices
You may, of course, decline to submit Personally Identifiable Information through the
Application or in the Services, in which case Sigma may not be able to provide
certain services to you. If you do not agree with our Privacy Policy or Terms of
Service, please delete your account, uninstall the Sigma mobile application and
discontinue use of the Services; your continued usage of the Services will signify your
assent to and acceptance of our Privacy Policy and Terms of Service. To protect your
privacy and security, we take reasonable steps (such as SMS and/or e-mail
authentication in certain cases) to verify your identity before registering your mobile
phone number and granting you access to the Services. Please contact Sigma via
email or via available web forms with any questions or comments about this Privacy
Policy, your personal information, your consent, or your opt-in or opt-out choices.
Our Commitment To Data Security
Sigma uses commercially reasonable physical, managerial, and technical safeguards
to preserve the integrity and security of your personal information. We cannot,
however, ensure or warrant the security of any information you transmit to Sigma and
you do so at your own risk. Using unsecured wifi or other unprotected networks to
submit messages through the Service is never recommended. Once we receive your
transmission of information, Sigma makes commercially reasonable efforts to ensure
the security of our systems. However, please note that this is not a guarantee that such
information may not be accessed, disclosed, altered, or destroyed by breach of any of
our physical, technical, or managerial safeguards. If Sigma learns of a security
systems breach, then we may attempt to notify you electronically so that you can take
appropriate protective steps. Sigma may post a notice on the SigmaSite or through the
Services if a security breach occurs.
Childrens’ Privacy
Protecting the privacy of young children is especially important. For that reason,
Sigma does not knowingly collect or maintain Personally Identifiable Information or
non-personally-identifiable information on the Website or Services from persons
under 16 years of age, and no part of the Service is directed to or intended to be used
by persons under 16. If you are under 16 years of age, then please do not use the
Services or access the Website at any time or in any manner. If Sigma learns that
Personally Identifiable Information of persons under 16 years of age has been
collected on, then Sigma may deactivate the account and/or make the status
submissions inaccessible.
In the case of M&A or Bankruptcy
In the event that Sigma is acquired by or merged with a third party entity, we reserve
the right to transfer or assign the information we have collected from our users as part
of such merger, acquisition, sale, or other change of control. In the (hopefully)
unlikely event of our bankruptcy, insolvency, reorganization, receivership, or
assignment for the benefit of creditors, or the application of laws or equitable
principles affecting creditors’ rights generally, we may not be able to control how your
personal information is treated, transferred, or used.
Changes and amendments to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the
“effective date” below. Please revisit this page to stay aware of any changes. Your
continued use of the WebSite and Services constitutes your agreement to this Privacy
Policy and any amendments.