Nimbuzz Privacy Statement

Nimbuzz Privacy Statement

Your privacy is important to Nimbuzz. Therefore, Nimbuzz is committed to respecting Your privacy and the confidentiality of Your personal data, traffic data and communications content. This Privacy Statement is designed to assist You in understanding how Nimbuzz uses and safeguards the information You provide in using Nimbuzz's Software and/or Nimbuzz's Services.

Nimbuzz collects and processes, or has third party service providers who collect and process on Nimbuzz's behalf, personal data relating to You, as permitted to (1) provide the Nimbuzz Services, in particular to convey the communications You make by means of the Nimbuzz Software and/or the Nimbuzz Services, (2) invoice to You Your use of the Premium Services and (3) carry out Nimbuzz marketing activities.

In this Privacy Statement the following capitalized definitions are being used, singular as well as plural.

Communications Content: any information that is communicated by users of Nimbuzz Software and/or Nimbuzz Free Services such as Nimbuzz Buzz, Nimbuzz Call, Nimbuzz Text Message or Nimbuzz IM and/or Nimbuzz Premium Services such as Nimbuzz SMS.

Feedback Information: any information that is reported to Nimbuzz by filling in the feedback forms on the Website.

Mobile Phone Number: the Mobile Phone Number is the mobile phone number that You might have registered to use particular Nimbuzz Services, such as: Nimbuzz Voice, Nimbuzz SMS or Nimbuzz Buzz.

Passive Information: Information that is necessary in order to provide You with the desired functionality of the Nimbuzz Software, such as a session ID token, source and destination addressing information, and the version of the software You are using.

Personal Data: any information that Nimbuzz possesses relating to an identified or identifiable user of Nimbuzz Software and/or Nimbuzz Services.

Register Information: any information provided when voluntarily registering at the Website, including, but not limited to, username and password.

Nimbuzz: means under this Privacy Statement the Buzzaa Media Group BV, a private limited liability company incorporated under the laws of the Netherlands, having its registered office at Patrijsweg 102, 2289 EZ Rijswijk ZH, The Netherlands.

Nimbuzz Software: software that allows You to communicate with any other Nimbuzz user through voice communication, instant message and/or other forms of communication, through the Internet and/or through mobile networks such as GSM. Nimbuzz Software is available for mobile phones, the Nimbuzz Mobile Client, and for PC's, the Nimbuzz PC Client.

Nimbuzz Mobile Client: software, installed on your mobile phone, that allows You to communicate with any other Nimbuzz user through voice communication, instant message and/or other forms of communication, through the Internet and/or through mobile networks such as GSM.

Nimbuzz PC Client: software, installed on your PC, that allows You to communicate with any other Nimbuzz user through voice communication, instant message and/or other forms of communication, through the Internet and/or through mobile networks such as GSM.

Subscriber Information: Information that is necessary in order to verify Your identity and to provide the Nimbuzz Services, such as Your name, billing information, mobile phone number and e-mail address on the Website.

Traffic Data: any data processed for the purpose of the conveyance of communication or the billing thereof, including, but not limited to, the duration of a call and the (IP) numbers and mobile phone numbers of the called party and the calling party.

User Profile: any information about the user, filled in by the user on the Nimbuzz Website and/or on the Nimbuzz PC Client and/or on the Nimbuzz Mobile Client, that is meant to be shared with other users of the Nimbuzz Software that can be searched for by other Nimbuzz users.

Nimbuzz Free Services: means the free services provided by Nimbuzz and/or Nimbuzz's partners, including but not limited to the text messaging, instant messaging and calling and other services which may be extended or changed from time to time;

Nimbuzz Premium Services: means the payable services provided by Nimbuzz and/or Nimbuzz's partners, including but not limited to the SMS Service and other services which may be extended or changed from time to time;

Nimbuzz Services: the combination of Nimbuzz Premium Services and Nimbuzz Free Services.

Nimbuzz Buzz alert: The Nimbuzz way to alert off-line Nimbuzz mobile users to get online to start chatting, using Nimbuzz IM, to read a message, using Nimbuzz Message or to take a Nimbuzz call, using Nimbuzz Call. Technically the Nimbuzz Buzz is a call to your Mobile Phone Number that automatically 'hangs up' after 1 or 2 seconds. The Buzz alert ID is +31313131. You cannot reply to this number.

Nimbuzz IM: Nimbuzz IM is a Chat Service similar to traditional IM services like MSN Messenger, Yahoo Messenger, AIM and Google Talk. Main difference is that Nimbuzz IM is a free service available on your mobile phone, using the Nimbuzz Mobile Client, and on your PC, using the Nimbuzz PC Client. Additionally, Nimbuzz IM is (becomes) a hub for all major IM communities.

Nimbuzz Text Message: The Nimbuzz Text Message is a SMS look-alike message that can be sent from within the Nimbuzz PC Client and/or the Nimbuzz Mobile Client to other Nimbuzz users. The key advantage is the cost saving you experience against traditional SMS services provided by your mobile operator. Nimbuzz Text Messages are Free of charge.

Nimbuzz SMS: The Nimbuzz SMS is a normal SMS that can be sent from within the Nimbuzz PC Client and/or the Nimbuzz Mobile Client to anybody with a mobile phone. The key advantage is the cost saving you experience against traditional SMS services provided by your mobile operator. Especially when sending SMS messages from abroad.

Nimbuzz Call: With Nimbuzz Call, mobile Nimbuzz users are able to call their international online buddies against the cost of a local call. Resulting in huge savings through avoiding roaming charges by mobile operators.

Website: the website located at www.nimbuzz.com.

You: You, the user of the Nimbuzz Software and the Service, also used in the form "Your" where applicable.
to be continued.....................

You: You, the user of the Nimbuzz Software and the Service, also used in the form "Your" where applicable.
Contents
1. What is Nimbuzz and what services does it offer?

Nimbuzz is a company established under the laws of the Netherlands. Through the Website, Buzzaa Media Group BV, offers you the Nimbuzz Software and the Nimbuzz Services, which may be extended or changed from time to time.
2. What information does Nimbuzz collect?

In order to provide the Nimbuzz Software, Nimbuzz gathers and processes the following information.
Register Information
User Profile
Personal Data of friends
Feedback Information
Passive Information
E-mail addresses
mobile phone numbers
Mobile Phone Numbers

In order to provide You with Nimbuzz Services, Nimbuzz shall, in addition to the above mentioned information, collect and process the following information.
Subscriber Information
Traffic Data

Nimbuzz does not collect any Communications Content.
3. How does Nimbuzz use this information and for what purpose?

Our primary purpose in collecting information is to provide You with a safe, smooth, efficient, and customized experience. We may use the information defined in this Privacy Statement to: provide the services and customer support You request; resolve disputes, collect fees, and troubleshoot problems; enforce our Terms of Service; customize, measure, and improve Nimbuzz Software, the Nimbuzz Free Services, the Nimbuzz Premium Services and Website content and layout; inform You about targeted marketing, service updates, and promotional offers unless You opt out; compare information for accuracy, and verify Your identity; provide other services for You as described when we collect the information. Additionally we may use Your information as described below.
Register Information
You do not need to register to use the Nimbuzz Software, but Register Information may be needed if You want to use particular Nimbuzz Services.
User Profile
You have no obligation to Nimbuzz to fill in Your User Profile. When You choose to make a User Profile available to other users in the Nimbuzz network You must keep in mind that other users can read these details. You can access Your User Profile from the "File" menu in the Nimbuzz Software in order to review, correct, complete or remove Your User Profile information. Please note that the mobile phone number you might choose to fill in the User Profile has NO relation to the Mobile Phone Number that You might have used to activate particular Nimbuzz Services, such as: Nimbuzz SMS, Nimbuzz Voice, Nimbuzz Buzz.
Personal Data of friends
You may be interested in inviting Your friends to join Nimbuzz. You may decide to invite your friends via the Nimbuzz PC Client or using the Nimbuzz Mobile Client. In the event You wish to use Nimbuzz's PC Client referral service, You have the possibility of adding one or more e-mail addresses in an online form. The information entered in this form, will only be used for the purposes of automatically generating an e-mail message to these potential Nimbuzz users and will thereafter immediately be deleted.
Additionally, You may be interested in inviting Your friends to join Nimbuzz through your Nimbuzz Mobile Client. In the event You wish to use Nimbuzz's mobile referral service, You will have the possibility of adding one or more mobile phone numbers in an online form within the Nimbuzz Mobile Client. The information entered in this form, will only be used for the purposes of automatically generating an SMS message to these potential Nimbuzz users and will thereafter immediately be deleted.
Feedback Information
Any and all information which is voluntarily submitted in feedback forms on the Website, is used for the purposes of reviewing this feedback and improving the Nimbuzz Software, Nimbuzz Services and Website. Nimbuzz reserves the right to utilize anonymous information for marketing purposes, for instance by displaying selected comments on the Website or in other communications. Further, Nimbuzz may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time in any obligation to provide any of such data. Nimbuzz will never use any personally identifiable (feedback) information without Your explicit permission thereto.
Passive Information
Passive Information is automatically generated and is not stored centrally. Nimbuzz will only use this Passive Information, on an aggregated level, to provide You with better service or for statistical information.
E-mail addresses
Nimbuzz respects the privacy of personal e-mail accounts and stores Your e-mail addresses just as securely as other Personal Data. Nimbuzz will not send You unwanted e-mail messages or junk mail, and Your details will not be passed to third parties for their marketing purposes without Your explicit permission. However, Nimbuzz will use e-mail to send You messages about faults and service issues. Nimbuzz may also use e-mail to keep You up to date with news about the Nimbuzz Software and Services. If You do not want to be kept informed in this way by e-mail, please contact Nimbuzz at delete@nimbuzz.com. Further, Nimbuzz reserves the right to use e-mail to notify You of any eventual claims related to Your use of Nimbuzz Software and/or Services, including without limitation claims of violation of third party rights.
mobile phone numbers
Nimbuzz respects the privacy of personal mobile phone numbers and stores Your mobile phone number just as securely as other Personal Data. Your mobile phone number is temporarily registered when you request to download the Nimbuzz Mobile Client to be able to send You a SMS message containing the URL and activation code for the Nimbuzz Buzz alert. After sending this SMS message your mobile phone number is deleted from our database. You might choose to disclose your mobile phone number in Your User Profile.
Mobile Phone Numbers
Nimbuzz respects the privacy of personal mobile phone numbers and stores Your Mobile Phone Number just as securely as other Personal Data. Your Mobile Phone Number is permanently registered in the event You choose to receive Nimbuzz Buzz alerts on your mobile phone and/or when you want to use the Nimbuzz Call Service and/or when you want to use the Nimbuzz SMS Service. Other than the mobile phone number you might want to disclose in Your Profile, Nimbuzz will never disclose your Mobile Phone Number in Your User Profile.

Nimbuzz will not send You unwanted SMS messages, and Your details will not be passed to third parties for their marketing purposes without Your explicit permission. If You do not want to Nimbuzz to store your Mobile Phone Number simply key 'Delete Mobile Phone Number' under 'Settings' in your Nimbuzz Mobile Client. Once you choose to delete your Mobile Phone Number you cannot use the Nimbuzz Call, Nimbuzz Buzz and the Nimbuzz SMS Services anymore.

Further, Nimbuzz reserves the right to use SMS to notify You of any eventual claims related to Your use of Nimbuzz Software and/or Nimbuzz Services, including without limitation claims of violation of third party rights.
Subscriber Information
Nimbuzz asks for Subscriber Information in order to verify Your identity and to provide the Services. We use third party banking organizations and other providers of payment services to bill You for Premium Services and we will, therefore, provide this billing provider with the necessary billing data.

Please note that Your billing data is sensitive information, which can be used to find out information about Your use of Premium Services. Please be sure to keep this information safe and do not share it with others.
Traffic Data
In order to transmit the calls through the Telecommunication networks and to bill the usage of Nimbuzz SMS, Nimbuzz collects Traffic Data. Nimbuzz will erase Traffic Data, or make Traffic Data anonymous, as soon as it is no longer needed for the purpose of the transmission of the communication or for billing purposes, unless applicable laws permit otherwise.

4. To whom does Nimbuzz transfer Your personal information?

Except as provided below, Nimbuzz shall not sell, rent, trade or otherwise transfer any Personal and/or Traffic Data or Communications Content to any third party without Your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities.

In order to provide You with Services or other services You have requested, Nimbuzz may sometimes, if necessary, share Your Personal and Traffic Data with Nimbuzz's Affiliates (as defined in the End User License Agreement), carriers, partner service providers and/or agents. Nimbuzz will always require these third parties to take appropriate organizational and technical measures to protect Your Personal Data and Traffic Data and to observe the relevant legislation. Please be informed that, notwithstanding the abovementioned, in the event of a designated competent authority requesting Nimbuzz or Nimbuzz's local partner responsible towards such authority, to retain and provide Personal and/or Traffic Data, or to install wiretapping equipment in order to intercept communications, Nimbuzz and/or its local partner will provide all necessary assistance and information to fulfill this request.

Information collected on the Website may be stored and processed in any country in which Nimbuzz maintains facilities. In this regard Nimbuzz reserves the right to transfer information outside of Your country. By using Nimbuzz Software or the Services You consent to any such transfer of information outside of Your country. As Nimbuzz continues to develop its business, Nimbuzz might sell or buy subsidiaries or business units. In such transactions as well as in the event Nimbuzz or substantially all of its assets are acquired by a third party, personal information of Nimbuzz users will generally be one of the transferred business assets. We reserve the right to include Your personal information, collected as an asset, in any such transfer to a third party.

5. What are cookies and how does Nimbuzz use them?

Cookies are pieces of information that Nimbuzz will transfer to Your computer's hard drive through Your browser to enable Nimbuzz's systems to recognize Your browser. Cookies also enable Nimbuzz to gain information about the use of its Website and to enhance the Website accordingly to the preferences of the users.

The Help option on the toolbar of most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Nimbuzz's cookies do not contain any identifying information. Please bear in mind that some personalized services may not be available if You choose to disable cookies.

6. How far does Nimbuzz's responsibility extend?

The Website may contain links that will let You leave the Website and access another website. Linked websites are not under the control of Nimbuzz and it is possible that these websites have a different privacy policy. The Privacy Statement applies solely to personal information that is acquired on the Website, so Nimbuzz urges You to be careful when You enter any personal information online. Nimbuzz accepts no responsibility or liability for these other websites.

7. How does Nimbuzz protect Your personal information?

Nimbuzz shall take appropriate organizational and technical measures to protect the Personal Data and Traffic Data provided to it or collected by it, and shall not retain it any longer than permitted in order to perform its services or as required under relevant legislation. Your Personal and Traffic Data can only be accessed by authorized employees of Nimbuzz who need to have access to these data in order to be able to fulfill their given duties.

Nimbuzz shall take appropriate technical measures to protect the confidentiality of the Communications Content via its Nimbuzz Software and Nimbuzz Services, with due observance of the applicable obligations and exceptions under the relevant legislation.

8. Can this Privacy Statement be modified?

Nimbuzz reserves the right to modify the provisions of this Privacy Statement if deemed necessary. We will inform You of these changes by publishing the revised Privacy Statement at www.nimbuzz.com/privacy. The revised Privacy Statement shall become effective within thirty (30) days of such publishing, unless You expressly accept the revised statement earlier by clicking on the accept button.
You agree that the express acceptance by You, or Your continued use of the Nimbuzz Software and/or Nimbuzz Services after the notice period of thirty (30) days, shall constitute Your Acceptance of the Privacy Statement.

9. What rights do You have and how can You contact Nimbuzz?

If You would like to exercise your right to view, correct, complete or remove Your Personal Data, please contact Nimbuzz at delete@nimbuzz.com. Within a reasonable period of time and upon verification of Your identity, Nimbuzz will fulfill Your request, provided Nimbuzz will not act contrary to applicable legislation by fulfilling Your request.

10. How long is Your Personal Data kept by Nimbuzz?

Nimbuzz will retain Your information for as long as is necessary to: (1) perform the Nimbuzz Services; (2) invoice to You Your use of Nimbuzz Premium Services and to maintain records until invoicing for the Nimbuzz Premium Services cannot be lawfully challenged and legal proceedings may no longer be pursued; (3) carry out Nimbuzz marketing activities; (4) comply with applicable legislation, regulatory requests and relevant orders from competent courts; (5) enforce our Terms of Service; or (6) fulfill any of the other purposes detailed in this Privacy Statement.

© Nimbuzz - Last revised: April 26,
2006

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