BY VIEWING AND ACCESSING THIS WWW.JAWBONE.COM WEB SITE (the "Site") AND/OR PURCHASING ANY OF THE PRODUCTS
AVAILABLE VIA THE SITE, YOU ("You" or "Your") REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS ENTIRE PRIVACY
POLICY AND YOU AGREE TO ALL THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT CONSENT TO THIS PRIVACY POLICY IN
ITS ENTIRETY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY CEASE USE OF THIS SITE.
The terms and conditions governing Your use of this Site are contained in a separate Terms of Use agreement
available at
http://www.jawbone.com/legal/terms ("
Terms of Use").
Aliph, Inc. ("
Aliph", "
Us", "
We" or "
Our")
respects the privacy of the visitors to the Site. This Aliph Privacy Policy between You and Us (the "Privacy
Policy") is intended to inform You of Our policies and practices regarding the collection, use and disclosure of
any Personal Information and Anonymous Information You submit to Us through the Site.
"
Personal Information" is information about You that is personally identifiable to You, such as
Your name, address, e-mail address, or phone number, payment and billing information, as well as other
non-public information that is associated with the foregoing. "
Anonymous Information" means
information that is not associated with or linked to Your Personal Information; Anonymous Information does not
permit the identification of individual persons.
User Consent
By submitting Personal Information through the Site, You agree to the terms of this Privacy Policy and You
expressly consent to the processing of Your Personal Information according to this Privacy Policy. Your Personal
Information may be processed by Us in the country where it was collected as well as other countries (including
the United States) where laws regarding processing of Personal Information may be less stringent than the laws
in Your country.
Collection of Personal Information
The Personal Information We gather from You helps Us learn about visitors to the Site, Our customers and
potential customers. We use this information to better tailor the features, performance and support of Our
products and services, to offer You additional information and opportunities, and to inform You of changes to
this Privacy Policy [and the Terms of Use of the Site].
Product Purchases
If You purchase a Jawbone® headset product or other product via this Site, We collect Your Personal
Information needed to conduct the sales transaction, and use the information to process Your payment and to send
You the product You purchased.
Payment Information
If You are submitting payment information via this Site, We collect Your payment information for the purpose of
allowing You to pay for products You purchase via the Site. To make any payments via the Site You will be
required to give Us (or Our third party payment services providers) a valid credit card number and associated
payment information at the time You are required to make such payments, including all of the following: (i) Your
name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, and
(iv) any activation numbers or codes needed to charge Your card. You agree that no additional notice or consent
is required before We (or Our third party payment services providers) invoice Your credit card provided to Us
for all amounts due and payable. By providing Us or Our third party payment services providers with Your credit
card number and associated payment information, You expressly agree that We or Our third party payment services
providers are authorized to immediately invoice Your account for all fees and charges due and payable to Us as a
result of Your activities on the Site that require payment. You agree to immediately notify Us of any change in
Your invoicing address or the credit card used for payment hereunder. We use third-party processing companies
(including credit card processing companies) for billing and payment purposes. These third parties may store or
retain certain of Your Personal Information (as defined in the Privacy Policy) necessary to process such
payments. These third parties do not have any right to use the Personal Information We provide to them beyond
what is necessary to assist Us in processing payments.
Personal Information You Provide to Us
We collect Personal Information that You submit to Us voluntarily through the Site.
If You are purchasing a product via the Site, We collect the following information You provide to Us: Your first
and last names, email address, mailing address, and billing address, if different from Your mailing address.
When You contact Us by sending Us an e-mail, We will collect Your name, e-mail address and information contained
in the e-mail You send Us.
When You respond to a customer satisfaction survey from Us or We collect Your name and email address.
If You choose to receive product update information from Us, We collect Your name and email address.
Personal Information Collected Via Technology
As You navigate the Site, certain information may also be collected passively, including Your Internet protocol
address ("IP address"), browser type, domain names, access times, and operating system. We also use "Cookies"
and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of
Your visit and the information for which You searched and which You viewed. This type of information is
collected to make Our products and services more useful to You. In some of Our emails to You, We will use a
"click-through URL" to make Your experience as easy as possible. When You click on one of these URLs, You pass
through Our web server before arriving at Your destination website. Tracking click-throughs helps Us determine
Your interest in particular topics and helps Us measure the effectiveness of Our customer communications.
An "IP Address" is a number that is automatically assigned to Your computer when You use the Internet. In some
cases Your IP Address stays the same from browser session to browser session; but if You use a consumer internet
access provider, Your IP Address probably varies from session to session. We track IP Addresses solely in
conjunction with session cookies to analyze the traffic on Our Site.
"Cookies" are small pieces of information that a web site sends to Your computer's hard drive while You are
viewing a web site. We may use both session Cookies (which expire once You close Your web browser) and
persistent Cookies (which stay on Your computer until You delete them) to provide You with a more personal and
interactive experience on the Site. Persistent Cookies can be removed by following Internet browser help file
directions. If You choose to disable Cookies, some areas of the Site may not work properly.
Personal Information We Receive From Other Sources
We may receive Personal Information about You from other sources like postal mail, telephone or fax. We may add
this information to the information We have already collected from You via the Site in order to improve the
products and services We provide.
Use of Information
If You opt-in to receiving the following communications from Us, Personal Information You submit to Us is used
either to respond to requests that You make, send You press releases, general informative announcements, and
other general information about Us or Our products, or to aid Us in serving You better. Our customers will
always have the right to opt-out of receiving product update information from Us at any time. You will be given
the opportunity to opt-out of receiving further communication from Us at the bottom of every email We send to
You.
If You have not opted-in to receiving communication from Us, We will not contact You unless You place an order
for a product via the Site and We cannot process the order for any reason. At this time, We may contact You to
request the additional or corrected information required to complete the processing of Your product order.
As described in more detail below, in order to perform Our services, We may disclose Your Personal Information
to third party vendors. We may also use Your Personal Information to provide You with information regarding
changes and upgrades to the Site, unless and until You request not to receive such communications from Us.
We may create Anonymous Information records from Personal Information by excluding information (such as Your
name) that make the information personally identifiable to You. We may use this Anonymous Information to analyze
request patterns and usage patterns so that We may enhance Our products and services. We reserve the right to
use and disclose Anonymous Information to third parties in Our discretion, including for internal business
analysis, and to provide aggregate demographic data to Our various partners.
Personal Information collected via sale of our Products
If You purchase any of the products available via Our Site, You may be subject to additional terms and
conditions of sale, and/or the licenses under which You have a right to use any software embedded in such
products, if any. These additional terms and conditions or licenses will govern Your rights in and to such
products.
Feedback
If You provide feedback on the Site to Us, We may use such feedback for any purpose, provided that We will not
associate such feedback with Your Personal Information. We will collect any information contained in such
communication and will treat the Personal Information in such communication in accordance with this Privacy
Policy.
Disclosure of Personal Information
Except as otherwise stated in this Privacy Policy, We do not generally trade, rent, or share Your Personal
Information with third parties and We will not disclose billing information unless You ask Us to do so.
However, We may share Your Personal Information with third parties to process payments, or to provide You with
access to the Site. These third parties are required not to use Your Personal Information other than to provide
the services requested by Us and are bound by confidentiality agreements with regard to their use of Your
Personal Information. You expressly consent to the sharing of Your Personal Information with Our contractors and
third party service providers for the sole purpose of providing Our products and services to You.
From time to time, We may have a parent company, subsidiaries, joint ventures, or other companies under common
control with Us (collectively, "Affiliates"). At present We do not share Your Personal Information with Our
Affiliates; however if We do in the future share some or all of Your Personal Information with these Affiliates,
We will require Our Affiliates to honor this Privacy Policy.
If Our company or Our assets are acquired by another company, that company will possess the Personal Information
collected by Us and it will assume the rights and obligations regarding Your Personal Information as described
in this Privacy Policy.
Regardless of any choices You make regarding Your Personal Information (as described below), We may disclose
Your Personal Information (1) if We believe in good faith that such disclosure is necessary to (a) comply with
relevant laws or to respond to court orders, or (b) to protect and defend the rights or property of Us or third
parties; or (2) in connection with investigating and preventing fraud.
Your Choices Regarding Your Personal Information
We offer You choices regarding the collection, use and sharing of Your Personal Information. You will have the
option to opt-in to receive promotional communications from Us when You purchase products via the Site. You may
indicate a preference to stop receiving further communications from Us and You will have the opportunity to
"opt-out" by following the unsubscribe instructions provided in the e-mail Your receive or by contacting Us
directly (please see contact information below). Despite Your indicated e-mail preferences, We may send You
notices of any updates to Our Privacy Policy.
Regarding Children
We do not intentionally gather Personal Information about visitors who are under the age of 13.
Other Sites
Our provision of a link to any other website or location is for Your convenience and does not signify Our
endorsement of such other website or location or its contents. We have no control over, do not review, and
cannot be responsible for these outside websites or their content. Please be aware that the terms of Our Privacy
Policy do not apply to these outside websites.
Security
We use commercially reasonable efforts to protect the security of Your Personal Information by using
industry-standard security technologies and procedures to help protect Your Personal Information from
unauthorized access, use, or disclosure. We safeguard the security of the data You send Us with physical,
electronic, and managerial processes. We highly recommend that You take every precaution to protect Your
Personal Information when You are on the Internet. One way You can do so is by making sure You are using a
secure web browser. Our ecommerce Site uses industry-standard Secure Sockets Layer (SSL) encryption on all
ecommerce web pages where Personal Information is submitted by You. Your Personal Information has been secured
with a digital security technology provided by VeriSign���/RSA, a trusted leader in digital security. As an extra
precaution, please make sure that You are using the latest version of an SSL-enabled browser. We recommend using
Internet Explorer 4.0 or higher, Netscape 4.0 or higher, and the latest version of Safari. This will better
protect the confidentiality of Your Personal Information, including Your credit card information, while it is
transmitted over the Internet.
Except as provided elsewhere in this Privacy Policy, We limit access to Personal Information in electronic
databases to those persons (including employees and contractors) in Our organization who have a business need
for such access.
Even though We have taken steps to protect Your Personal Information from being intercepted, accessed, used, or
disclosed by unauthorized persons, You should know that We cannot fully eliminate security risks associated with
Personal Information.
Contact Us
Should You have any questions or concerns regarding this Privacy Policy, please contact us at
info@jawbone.com.
Privacy Policy Updates
This Privacy Policy is subject to revision at any time in Our sole discretion. We will notify You of material
changes to this Privacy Policy via the email address You provide Us, and will post on this Site any changes to
this Privacy Policy. We do, however, recommend that You read this Privacy Policy each time You use Our website
in case You missed Our notice of changes to the Privacy Policy. If You object to any such changes, You must
cease using the Site immediately. Continued use of the Site following notice of any such changes shall indicate
Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.