Privacy Policy

VIAERO WIRELESS PRIVACY POLICY

We have created the Viaero Wireless Privacy Policy (the “Policy”) to explain our privacy practices. When you use any Viaero Wireless product or service, you should understand when and how personal information is collected, used, disclosed and protected.

We will not sell or disclose information to unaffiliated third parties without your consent except as otherwise provided in this Policy. We may use information about who you are, where and when you browse on the Web, where your wireless device is located, and how you use our network to provide you better service and enrich your user experience when you sign up or use any of our products or services.

Viaero Wireless will revise and update this Policy if our practices change or if changes in the law so require.

Information Collected About You

We collect a variety of personal information about users of our products or services. Personal information is information that can be directly associated with a specific person or entity, such as a name, address, telephone number, email address, or information about activities directly linked to that person.

Our definition of personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of services or customers from which individual customer identities have been removed. For example, we could prepare a report that indicates that a certain number of our customers always use their wireless phones at a certain time of day at a specific location. Aggregate data helps us understand trends and customer needs so that we can better consider new services or tailor existing services to customer desires. The aggregate data also might be purchased by or shared with a third party, for example, one interested in locating a business in a particular part of town.

Here are the types of personal and other information we collect. You should refer to the rest of this Policy to see how we use, disclose, and protect that information:

• • Information You Give Us

We collect information you give us when you purchase a Viaero Wireless product or use services. For example, you may provide us a billing address and credit information, including your social security number or business identifier, when signing up for service or perhaps purchasing a product through our online store. You might not have thought about it this way, but the numbers dialed from your wireless phone to make a call are an example of information you give us and that we collect and use so we can bill you appropriately and investigate fraudulent usage.

• • Automatically Collected Information

We automatically receive certain types of information whenever you interact with us. For example, when you visit a Viaero Wireless Web site, our systems automatically collect your IP address and the type of browser you use. When you browse the wireless web, our systems log the Web sites you visit. Similarly, all wireless communications systems know when your phone is turned on and approximately where the device is physically located—that’s how calls or messages are delivered to you in real time.

• • Information from Other Sources

We may obtain information about you from outside sources and add it to or combine it with your account information. For example, we may receive credit information for purposes of initiating service. We also may use commercially available demographic and marketing information from third parties to help us better serve you or inform you about products or services that we think will be of interest to you. We sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily. And, we often receive information from the dealer from whom you purchase your wireless phone or device prior to initiating service with us.

We also may purchase email lists from third parties for advertising purposes. We only purchase lists of individuals who have allowed third-party use of their email address for marketing purposes. If you have previously requested to participate in an email advertising program, the information we receive may include your name, information on previous transactions, or any other personal information you have provided.

Viaero Wireless recognizes that parents often purchase our products and services for family use, including for use by minors. Any information collected from such usage will appear to be the personal information of the actual subscriber to the service, and will be treated as such under this Policy. If we make available offers and products online where a child informs us that he or she is under the age of 13, we will ask a parent to confirm his/her consent in advance of further collection, use or disclosure of personal information from that child.

If our customer is a business or other entity purchasing service for employees or other authorized users, Viaero will treat that business or entity, not the employee, as the customer, and may share information with the business or entity.

Children’s Online Privacy Protection Act

If we make available offers and products online where a child informs us that he or she is under the age of 13, we will ask a parent to confirm his/her consent in advance of further collection, use or disclosure of personal information from that child. You should be aware, however, that wireless devices and services purchased for family use may be used by minors without the knowledge of Viaero Wireless. If that happens, any information collected from the usage will appear to be the personal information of the actual adult subscriber and treated as such under this Policy.

Use of Personal Information

• Internal Use

In general, we use personal information to serve our customers, to enhance and extend our customer relationship, and to enable our customers to take maximum advantage of products and services we think they would enjoy. For example, by understanding how you use our Web site, we are able to customize and personalize your experience. More specifically, we use personal information for billing purposes, to provide services or complete transactions you have requested, to anticipate and resolve problems with your services, and to create and inform you of products or services from Viaero Wireless or others that better meet your needs.

Viaero does not provide or market categories of service besides CMRS. Viaero may use, disclose, or permit access to CPNI without customer approval for the purpose of providing or marketing CMRS service offerings, including the marketing of handsets and data or Blackberry services.

Viaero does not use, disclose, or permit access to CPNI for marketing of any products not within the CMRS category of service or adjunct thereto. Should Viaero provide, market, or partner with another entity to market other categories of telecommunications service, these policies may be amended to reflect customer consent procedures consistent with state and federal law.

Third-Party Use

You should review the following section to understand when Viaero Wireless discloses personal information to third parties.

Disclosure of Personal Information

Information about our customers is one of our most important business assets, and therefore we strive to protect it and keep it confidential. We do not sell personal information to third parties without your consent. When and what types of information Viaero Wireless discloses depends on the service and in some cases the choices you have made.

Viaero Wireless will not disclose personal information other than in accordance with this Policy. In general, that means that you must consent to the disclosure in advance. Depending on the service, we may obtain your consent in a number of ways, including:

• In writing;
• Verbally;
• Online by clicking a button;
• Through the use of a dialing string or button on a wireless device or handset; or
• At the time of initiation of a particular service offering, when your consent is part of the required terms and conditions to use that service.

For example, your consent to disclose personal information can be implied simply by the nature of your request, such as when you ask us to deliver an email or short message to another person. Your return address is disclosed as part of the service and your consent to do so is implied by your use of the service. To determine how personal information may be disclosed as part of a particular service, you should review the terms and conditions of use for that service.

We share personal information with third parties as necessary to complete a transaction, perform a service on our behalf (such as enhancing our ability to serve you better), or perform a service that you have requested. When the third party acts solely on our behalf, Viaero Wireless does not allow them to use your information for other purposes. For example, our vendors process and print your billing statement on our behalf. They can only use the personal information we give them to produce the billing statement. When we write off an account for non-payment, Viaero Wireless sometimes discloses personal information about the account to third parties such as credit bureaus. Credit bureaus may use the personal information to update their records.

Aside from our services, however, you may also want to take advantage of services and products offered by other companies utilizing our wireless service. In those cases, you will be providing information to those companies, and information about you received by those third parties will be governed by their privacy policies, not this Policy. For example, if you are roaming on the network of another carrier, information about your usage and the numbers you dial will be available to the carrier providing the service. Also, as another example, if you purchase something using our mobile Internet service, you will be disclosing personal information directly to the company facilitating the transaction, a merchant bank and the merchant. Finally, if you bought your wireless device from a third party retailer or dealer, both they and Viaero Wireless will have personal information as a result of the transaction and your ongoing service with Viaero. Whenever third parties have a role in any such transaction, you should review their privacy policies as well.

From time to time you may be able to participate in contests, giveaways, or other similar promotions we sponsor. Except as explained otherwise in the rules for a particular contest, giveaway, or promotion, any personal information you provide will be used in accordance with this Policy.

In addition, from time to time you may be able to participate in our surveys to help us improve our offerings and services. Except as explained otherwise in the survey, any personal information so collected will be used for our internal purposes.

Under federal law, you have a right, and we have a duty, to protect the confidentiality of information about your telephone usage, the services you buy from us, who you call, and the location of your device on our network when you make a voice call. This information is sometimes referred to as “Customer Proprietary Network Information,” or “CPNI.” We reserve the right to share CPNI and other personal information about you with any corporate affiliates that provide telecommunications services to which you also subscribe. Before sharing CPNI in any other way, we will first notify you of your rights under the law, describe how we intend to use the CPNI, and give you an opportunity to opt out of such usage (or, when required by law, to opt in).

Business Transfers

Information about our users, including personal information, may be disclosed as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the unlikely event of an insolvency, bankruptcy, or receivership in which personal information would be transferred as one of the business assets of the company.

Protection of Viaero Wireless and Others

We release personal information when we believe release is appropriate to comply with the law or in good faith reliance on legal process (e.g., court orders, subpoenas, E911 information, etc.); enforce or apply our customer agreements; initiate, render, bill, and collect for services; protect our rights or property, or protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications, or justifies disclosure of records, to a governmental entity without delay.

Viaero Wireless’ Use of Cookies

A cookie is a small text file placed on your hard drive by your web browser when you visit a web page that requests the cookie be placed. It is essentially your identification card, and cannot be executed as code or deliver viruses. It is uniquely yours and can only be read by the server that gave it to you. At this time, we only utilize session-based cookies to maintain a user’s session for continuity of navigation while viewing our site. Information we collect may include browser type, IP address, page views, length of visit, and similar information. Depending on your web browser and its settings, session-based cookies may not be placed on your hard drive. After closing the browser, the session cookie is usually deleted as part of the browser’s “shutdown” routine.

Our web pages and/or e-mail messages may contain links to electronic images known as invisible single-pixel gifs (GIFs) that allow us to count the number of users who have visited those pages or who have viewed an e-mail. Viaero may include GIFs in promotional e-mail messages or our e-mail communication in order to count how many messages have been opened and acted upon. When a GIF image is retrieved from the server, a small amount of information may be recorded about the computer retrieving the image. This may include such things as a cookie number, time and date of access, and a description of the page or e-mail in which the GIF resides.

You may decline to accept cookies and/or images in your browser settings, and in your e-mail client’s settings. If you choose to deny access to cookies in your browser, you may experience some discontinuities when using the website. If you choose to disallow cookies and/or images in e-mail received from Viaero Wireless, you may inadvertently block all images in the e-mail, including non-tracking-related images. Additionally, blocking images in your web browser may result in some websites, including this one, being more difficult to use, due to lack of visual cues and navigation elements that depend on image display.

Refer to the help documentation for your browser and/or e-mail client for details on how to configure cookie and image acceptance and display policies.

For more information on computer security and privacy, please see: United States Computer Emergency Readiness Team (US-CERT) Website a division of the Department of Homeland Security..

Viaero Wireless Use of Web Beacons

A Web beacon, also known as a Web bug, is a small, graphic image on a Web page, Web-based document or in an email message that is designed to allow the site owner or a third party to monitor the address and other information of the computer viewing the item. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document, or email message, or are transparent. Web beacons are represented as HTML image tags in the Web page; users can click on “view profiles” of the Web page to see whether the page is using a Web beacon. Web beacons allow the collection of the IP address of the computer that the Web beacon is viewed on, the URL of the page the Web beacon comes from, and the time it was viewed. Web beacons may also be linked to personal information.

Viaero Wireless does not place Web beacons that link to personal information on other sites, nor does it permit third parties, other than those working on our behalf, to place them on our site. Viaero Wireless may use Web beacons itself and may link a particular beacon to personal information. For example, we may use a beacon to ensure a user can flip between technical assistance, customer service and our online store and still be recognized as our customer.

Viaero Wireless Placement of Advertising on Other Web Sites

Viaero Wireless may use third-party ad serving companies to place advertisements about our products and services on other Web sites. These companies may use cookies and other technology such as Web beacons or tagging to measure the effectiveness of our ads. To measure advertising effectiveness and offer selective ad content, the ad serving companies may use anonymous information about your visits to our and other Web sites. But the ad serving companies use an anonymous number to identify you, NOT your name, address, phone number, email address, or anything that personally identifies you. The use of such cookies is subject to the ad serving company’s privacy policy, not the Policy of Viaero Wireless.

Presence, Location, and Tracking

To make wireless communications possible, the network knows the general location of your phone or wireless device whenever it is turned on. Your wireless device sends out a periodic signal to the nearest radio tower/cell site so that the network will know where to route an incoming communication and how to properly bill for the service. This is necessary to make wireless communications possible.

If you dial 911 for emergency services, we may provide your network location to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility. The law also permits us to disclose the location of a device on our network without a user’s consent (1) to a user’s legal guardian or members of a user’s immediate family in an emergency situation that involves the risk of death or serious physical harm, (2) to database management services or information providers solely to assist in delivering emergency services, or (3) to a governmental entity if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires or justifies disclosure of a device’s location on the network without delay. Legally required upgrades will allow us to provide a location more precise than cell site location.

In addition, we offer optional services on our GSM/GPRS network that make use of your network location. Please review the terms and conditions for each service for additional information about how the location information will be used. The location used for these services is separate from the network location information when you make a voice call.

Your wireless Internet service may also be personalized using your ZIP code or other location identifiers. We use this information to serve you relevant content, and we treat the information like any other personal information under this Policy. This service does not use the network location technology described in this section.

Receipt of Marketing Messages on My Wireless Device from Third Parties

You should be aware that not all advertisements appearing on or delivered to your mobile phone or device are authorized by Viaero Wireless. We have developed and implemented systems in our network to reduce unsolicited bulk short text messages, but we cannot at this time block all such messages. We continue to look for other options to reduce these unsolicited bulk messages. If you have an email account with Viaero Wireless, this service is subject to unsolicited messages as any other email service.

It is unlawful for any third party to make an unsolicited telemarketing call using an autodialer or to send a prerecorded message to a wireless phone or device. You should report any such unsolicited calls to the Federal Communications Commission.

Network and Information Security

We maintain a variety of physical, electronic, and procedural safeguards to guard your personal information. For example, we use accepted tools and techniques to protect against unauthorized access to our systems. Also, we grant access to personal information about you to employees and contractors who need to know that information to provide products or services to you. In addition, we work to protect the security of your personal information when you are ordering new service via the Viaero Wireless Web site by using well-known Internet encryption technologies like Secure Sockets Layer (SSL). We also use encryption technologies to protect your account information when you are viewing your bill on our Web site. You should be aware that Viaero Wireless has no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.

What Can I Do to Protect My Personal Information?

An important part of ensuring the security of personal information is your own effort to protect against unauthorized access to your wireless device and the personal information contained in it and on your SIM card. Most phones and wireless PDA-type devices store calling information both in the phone and on the SIM card. Therefore, before discarding your phone or PDA, trading it in or giving it away, be sure you remove and retain your SIM card and follow the manufacturer’s instructions for deleting all personal information on the device itself. (This can be found in your owner’s manual or on the manufacturers’ Web site.)

In addition, use passwords to prevent unauthorized access to your wireless device, your wireless service account, and your voicemail. If you write down your passwords or user names, keep the information in a secure location. Do not give your password to someone else unless you intend them to have the same full access and ability to make changes to your account as you have. Change your passwords periodically.

Accuracy of Personal Information in Your Account

You can review the accuracy of the personal information in your account records online (go to My Account on this Web site) or by contacting Customer Service at 1 (877) 4-VIAERO (1.877.484.2376).

Updating this Policy

Viaero Wireless will revise or update this Policy as it deems appropriate, including for example, if our practices change, as we change existing or add new services, as we develop better ways to inform you of products we think will be of interest, or if the law so requires. You should refer back to this page often for the latest information and the effective date of any changes.

If, however, users’ personally identifiable information will be used in a manner materially different from that stated at the time of collection, we will notify users via posting on this page for 30 days before the material change is made. Users will have a choice as to whether or not their information will be used in this materially different manner.

Contact Us

Viaero Wireless is committed to the policies set forth in this Policy.

If you have any questions, comments or concerns about this Policy, please contact legal@viaero.com.

If you have questions about your Viaero Wireless service, you can call a customer service representative at 1 (877) 4-VIAERO (1.877.484.2376).