The following text is long, dry and painful to read because attorneys have no sense of humor. Basically, we won't spam you with stuffed polar bear gift ideas for your friends or call to sell you newspaper subscriptions.


doubleTwist 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 doubleTwist uses and safeguards the information that You provide to doubleTwist while using doubleTwist’s Communications Service.

Please note that this Privacy Statement is not a binding contract and does not create any legal rights. It is made available to you so that you can make an informed decision about using the doubleTwist website and services after considering the steps doubleTwist takes to protect your private personal information.

The following terms are used in this Privacy Statement, in both the singular and plural forms:

You: You, the user of the doubleTwist Software, Website, and/or the subscription service, also used in the form “Your” where applicable.

Communications Content: any content or information that is communicated by users of doubleTwist Software as sent and received data files.

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

Passive Information: Information obtained from your computer without any effort on your part, that is used to provide You with the desired functionality of the doubleTwist Software, such as a session ID token, technical and related information, including but not limited to technical information about your computer, system, application software, and peripherals, source and destination addressing information, and the version of the software You are using.

Personal Data: any information that doubleTwist possesses relating to an identified or identifiable user of doubleTwist Software, including that individual’s Communications Content, Feedback Information, Passive Information, Registration Information, Subscriber Information, Traffic Data and User Profile.

Registration Information: any information provided by You when You register at the Website or install doubleTwist desktop software, including, but not limited to, username and password.

doubleTwist: means under this Privacy Statement, the SpiceFlow Corporation, a company incorporated under the laws of Cayman Islands, having its registered office at 309GT, M&C Corporate Services Limited, Ugland House, South Church St, George Town, Grand Cayman, Cayman Islands, and any SpiceFlow Corporation subsidiaries or affiliated companies.

doubleTwist Software: Any software (or software updates) provided by doubleTwist for Your use, including but not limited to, that desktop software that allows You to communicate and/or exchange data files or Communications Content with other doubleTwist users.

Subscriber Information: Information that is used to verify Your identity and to provide You Subscription Services, including, but not limited to, Your name, billing information and e-mail address.

Traffic Data: any data processed for the purpose of the conveyance of communication or determining bandwidth usage, including, but not limited to, the duration and size of Communications Content and information relating to the recipient(s).

User Profile: any information about the user, filled in by the user on the Website or on the doubleTwist desktop client, that is meant to be shared with other users of the doubleTwist Website or doubleTwist Software, that can be searched for by other doubleTwist users. This includes, but is not limited to, information made available by You that can be shown on another user’s “Friend List.” In the future, doubleTwist may provide You with the option of making your media play list public, and should you choose to do so, such information would become part of your User Profile.

Subscription Service: means any subscription service provided by doubleTwist and/or doubleTwist’s partners, including but not limited to, the doubleTwist Pro service, basic doubleTwist services, and other services which may be offered.

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



Contents


1. What is doubleTwist and what services does it offer?

doubleTwist is a company established under the laws of Cayman Islands. Through the Website, doubleTwist offers you the doubleTwist desktop and the doubleTwist Pro Service, which may be extended or changed from time to time.

2. What information does doubleTwist collect?

In order to provide the doubleTwist desktop, doubleTwist gathers and processes the following information.
  • Registration Information
  • User Profile
  • Feedback Information
  • Passive Information
  • E-mail addresses
  • Mobile phone number
  • Personal Data from other doubleTwist users you have added to your “Friends” list
In order to provide You with Subscription Service, doubleTwist shall, in addition to the above mentioned information, collect and process the following information.
  • Subscriber Information
  • Traffic Data
3. How does doubleTwist 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 Personal Data to: provide services and customer support You request; resolve disputes, collect fees, and troubleshoot problems; enforce our Terms of Service; customize, measure, and improve doubleTwist Software, VoIP Service 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.

4. To whom does doubleTwist transfer Your personal information?

Except as provided below, doubleTwist 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 appropriate authorities.

doubleTwist may share your information with its Affiliates (as defined in the End User License Agreement).

In order to provide You with doubleTwist Communication Services or other services You have requested, doubleTwist may share Your Personal and Traffic Data with partner service providers and/or agents (for example: social networks you elect to link to doubleTwist and/or the third party banking organization or other providers of payment services). doubleTwist 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 that doubleTwist has a good faith belief that access, use, preservation or disclosure of Personal Data is reasonably necessary to: satisfy any applicable law, regulation, legal process or enforceable governmental request or enforce applicable Terms of Service, including investigation of potential violations thereof, or detect, prevent, or otherwise address fraud, security or technical issues, or protect against imminent harm to the rights, property or safety of doubleTwist, its users or the public as required or permitted by law, then doubleTwist will act according to that good faith belief, and reserves the right to share Personal Data with the appropriate parties, and cooperate with the appropriate legal entities. Information collected on the Website may be stored and processed in any country in which doubleTwist and its affiliates maintain facilities, including outside of the European Union. In this regard, or for purposes of sharing or disclosing data in accordance with this article 4, doubleTwist reserves the right to transfer information outside of Your country.

By using doubleTwist Software or Communications Service You consent to any such transfer of information outside of Your country. As doubleTwist continues to develop its business, doubleTwist might sell or buy subsidiaries or business units. In such transactions as well as in the event that doubleTwist or substantially all of its assets are acquired by a third party, personal information of doubleTwist users will 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.

Third Party Advertising

The advertisements appearing on doubleTwist’s website and the doubleTwist desktop may be delivered to you by our advertising partners. Information such as the number of times you have viewed an advertisement (but not your name, address, or other personal information), is used to serve advertisements to you.

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

Cookies are pieces of information that doubleTwist will transfer to Your computer’s hard drive through Your browser to enable doubleTwist´s systems to recognize and enhance Your use of the doubleTwist Website. Cookies also enable doubleTwist 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. doubleTwist’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.

Third Party Cookies

In the course of serving advertisements to the doubleTwist site, third party advertisers may place or recognize a unique cookie on your browser.

6. How far does doubleTwist’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 doubleTwist 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 doubleTwist urges You to be careful when You enter any personal information online. doubleTwist accepts no responsibility or liability for these other websites.

7. How does doubleTwist protect Your personal information?

doubleTwist 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 doubleTwist who need to have access to these data in order to be able to fulfill their given duties.

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

8. doubleTwist Policy for Young People

We realize and understand that many young people love participating in social networks and syncing content to and from their devices and will therefore want to visit and/or download doubleTwist.

However we require all persons under 13 years of age to consult with their parents before submitting any information to doubleTwist.

Persons under the age of 13 CAN register, but registration needs to be approved by a participating Parent.

9. Can this Privacy Statement be modified?

doubleTwist 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.doubletwist.com/dt/Legal/Privacy.dt. The revised Privacy Statement shall become effective within thirty (30) days of such publishing, but you can 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 doubleTwist Software or Subscription Service after the notice period of thirty (30) days, shall constitute Your acceptance of the Privacy Statement.

10. What kind of options do I have regarding my Personal Data?

If You would like to view, correct, complete or remove Your Personal Data, please contact doubleTwist at delete@doubletwist.com. Within a reasonable period of time and upon verification of Your identity, doubleTwist will fulfill Your request, as long as such compliance is consistent with applicable law.

11. How long is Your Personal Data kept by doubleTwist?

doubleTwist will retain Your information for as long as is necessary to: (1) perform the Service; (2) invoice to You Your use of the Subscription Service and to maintain records until invoicing for the Subscription Service cannot be lawfully challenged and legal proceedings may no longer be pursued; (3) carry out doubleTwist 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.

12. What else should I know?

  • User Profile
    doubleTwist stores the User Profile centrally on a server. You can access Your User Profile from the My info page in the doubleTwist Software in order to view, correct, complete or remove information.

  • Personal Data of friends
    You may be interested in inviting Your friends to join doubleTwist. In the event You wish to use doubleTwist’s referral service, You will have the possibility of adding one or more e-mail addresses in a form on doubleTwist desktop. The information entered in this form, will only be used for the purposes of automatically generating an e- mail message to these potential doubleTwist users and will thereafter immediately be deleted.

  • Feedback Information
    Any and all information which is voluntarily submitted in feedback forms on the Website is reviewed and possibly used to improve the doubleTwist Software, Communications Service and Website. You acknowledge that any content, information, or ideas transmitted to doubleTwist may be used by doubleTwist at no cost, and that doubleTwist reserves the right to utilize anonymous information for marketing purposes, for instance by displaying selected comments on the Website or in other communications.

  • doubleTwist 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 under any obligation to provide any such data. doubleTwist will never use any Feedback Information that can personally identify You without Your explicit permission thereto.

  • Passive Information
    Passive Information is automatically generated. doubleTwist will use this Passive Information, as long as it is in a form that does not personally identify you, to provide You with better service, improve our products, provide targeted advertising, or for statistical purposes.

  • E-mail addresses
    doubleTwist respects the privacy of personal e-mail accounts and stores Your e-mail addresses just as securely as other Personal Data. doubleTwist 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, doubleTwist will use Your e-mail to send You messages about faults and service issues. doubleTwist may also use e-mail to keep You up to date with news about the doubleTwist Software and Communication services. If You do not want to be kept informed in this way by e-mail, please contact doubleTwist at delete@doubletwist.com. Further, doubleTwist reserves the right to use e- mail to notify You of any eventual claims related to Your use of doubleTwist Software and/or Communication services, including without limitation claims of violation of third party rights.

  • Mobile phone number
    You are not required to provide your mobile phone number to use the doubleTwist Software, but your mobile phone number may be needed if You want to use particular services of doubleTwist.

  • Subscriber Information
    doubleTwist asks for Subscriber Information in order to verify Your identity and to provide the doubleTwist Pro Service. We use third party banking organizations and other providers of payment services to bill You for the doubleTwist Pro Service 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 the doubleTwist Pro Service. Please be sure to keep this information safe and do not share it with others.

  • Traffic Data
    In order to optimize network performance, doubleTwist collects Traffic Data. doubleTwist 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 measuring bandwidth quotas, unless applicable law requires otherwise.

  • Security
    Although doubleTwist has security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.


LAST REVISED: 09/28/2007