WEB SITE PRIVACY STATEMENT

In this Web Site Privacy Statement ("statement"), we, MediaFLO USA, Inc., provide information about how we collect, use and transfer personally identifiable data from you, a web site visitor, through www.mediaflousa.com and other web sites that we operate and on which we post a direct link to this statement (collectively the "site").

Scope

This statement does not apply to any other data collection or processing, including, without limitation, data collection practices of other web pages to which we link, data that we or our affiliates collect offline or through web sites that do not display a direct link to this statement (e.g., www.qualcomm.com) or to our processing on behalf of wireless carriers and other data controllers on whose behalf we may process personal data in connection with the MediaFLO service that we provide outside the scope of this site and statement. Occasionally, we may refer to this statement in notices and consent requests related to surveys or promotions; under such circumstances, this statement applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection). This policy is a supplement to the Qualcomm, Inc. privacy statement which is available at http://www.qualcomm.com/main/privacy.html and the terms of this statement only apply to the activities of MediaFLO USA, Inc.

Our Safe Harbor Certification covers offline and human resources data, but not data submitted through the site, as further explained in our General EEA Safe Harbor Notice.

Types of Data and Collection Methods

Through the site, we receive data that you actively submit as well as data that we track:

Actively Submitted Data: When you request information (for example, through mail forms) we usually collect data such as your name, email address(es), mailing address(es), telephone number(s), and certain information related to your inquiry. In each such instance, you will know what data we collect through the site, because you actively submit it.

Passively Tracked Data: When you visit the site, we also passively track information on your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access our web sites, the Internet address of web sites from which you link to our site, the computer technology you are using and your movements and preferences on our site. We use technology that many other web sites employ, including, without limitation, "cookies" or small data files stored on your computer's hard drive, to collect information such as the aforementioned. In some instances, we also use cookies to collect information in connection with future visits from that site, to recognize you as a previous visitor and to track your activity at the site. You do not need to have cookies turned on to participate in our surveys or to visit our site. You can refuse cookies by turning them off on your browser.

Combinations: Unless you also actively submit personal information such as your name or address, passively tracked data does not typically allow us to identify you personally (even though it can theoretically be done, we do not have the means or an interest to find out who you are, unless you identify yourself voluntarily through an active submission of data). To the extent permitted by applicable law, we reserve the right to combine passively tracked data with personal data that you actively submit.

Collection Purposes, Use of Data

We collect passively tracked data primarily for purposes of administering, protecting and improving our site and our systems, to better understand the preferences of our site visitors, to identify server problems, to compile aggregated statistics about site usage, and to help personalize your experience of our site.

We collect actively submitted data primarily for two purposes: the purpose for which you originally sent us the data (e.g., to mail information to you that you requested) and to inform you about products and services (you can opt out of receiving marketing emails as explained below).

Where We Store and Process Data

We keep data in California and the Qualcomm group of companies also has servers, contractors and employees around in world in various locations, including, without limitation, other parts of the United States of America, Asia and the European Economic Area.

Disclosures of Personal Information

We are not in the business of selling or renting your information to telemarketers and do not share your personally identifiable information with others, except as follows: We may share your information with our affiliates in the Qualcomm group of companies. We may disclose your information to agents and service providers who use the data only on our behalf and for our purposes under confidentiality agreements. We may share data with current and prospective promoters and distributors of our MediaFLO service, content providers and other trusted business partners. We may share your information as required by law or in the interest of protecting or exercising our or others' legal rights e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and disclose any information collected via the site that is not in personally identifiable form.

Opt-Out

Even if you register on the site and provide your personal information, you may opt out of receiving promotional materials sent by email or direct mail, by contacting us by email at mui_info@mediaflousa.com or by postal mail at MediaFLO USA, Inc., 5775 Morehouse Dr., San Diego, CA 92121, Attn: Web Marketing Admin. Please specify whether you wish to opt-out of all receiving all promotional materials from MediaFLO, otherwise we assume you just wish to opt-out of receiving the certain type of communications at issue, such as direct mail sent to your home.

Access

If personal information you have submitted through the site is no longer accurate, current, or complete, and you wish to update it, please send an–mail to mui_info@mediaflousa.com, contact us by telephone or postal mail (see Contact Us below) or click on the "Update Profile" link that may be included at the bottom of email newsletters and promotional email communications. Upon appropriate request we will usually be glad to update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate.

Security

Transmissions over the Internet are never 100% secure or error–free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Children´s Privacy

The site is intended for adults in the United States. We do not intentionally or knowingly collect, personally–identifiable information from children under the age of 13 and we request that individuals under the age of 13 not submit any personal information on the site.

Effective Date, Amendments

This statement is effective as of September 27, 2007. We reserve the right to change this statement from time to time and in our sole discretion. We reserve the right to change, modify, add or remove portions of this statement at any time, but will alert you that changes have been made by indicating on the statement the date it was last updated. When you visit the site, you are accepting the current version of this statement as posted on the site at that time. We recommend that users revisit this statement on occasion to learn of any changes.

Contact Us

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this statement. Also, if you encounter any third party who claims to be associated with MediaFLO, or who obtained your data from the site, and who you feel is improperly using your personal information, please contact us:

Phone: (800) 888-8723 toll free or (858) 651-6200 direct
Fax: (858) 845-8300] Attn: Website Admin
Email: mui_info@mediaflousa.com
Postal Address: MediaFLO USA, Inc., 5775 Morehouse Dr., San Diego, CA 92121, Attn: Website Admin
Web site URL: www.mediaflousa.com mui_info@mediaflousa.com