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You are strongly urged to read this Privacy Policy very carefully. By Registering as a user with CELLFLARE, you are indicating agreement with the policies and practices described herein.

CELLFLARE’s Privacy Policy which deals with the collection, use and disclosure of your personal information, conforms to Canadian law. CELLFLARE is an internationally accessible website. If you reside in a country other than Canada, you are requested to respect the laws of Canada which govern CELLFLARE’s practices. The responsibility to act according to the laws of your own country is yours. All information collected by CELLFLARE is stored on our own servers at CELLFLARE’s head office in Toronto, Ontario, Canada.

CELLFLARE is a software program which can be loaded onto cell phones which have a GPS chip installed, and which permits users to track the geographical location of other users, subject to certain conditions and restrictions. These are:

  1. The persons who track others, and who are themselves subject to tracking of their geographical location, must be subscribers of CELLFLARE in good standing.
  2. Both parties, that is the person doing the tracking and the person being tracked, must be members on each other’s Contact Lists.
  3. Both parties must have agreed to be placed on the other’s Contact List.
  4. The party being tracked must have his or her cell phone on and must have the CELLFLARE application running.

CELLFLARE may collect statistical information from your usage of the application for the purpose of improving our services to you, or for identifying new services that could benefit you. CELLFLARE does not make this information available to third parties.

A person’s geographical location at any time is a matter of personal information. By subscribing to the CELLFLARE application, and by agreeing to be placed on someone else’s Contact List, you are voluntarily relinquishing your privacy rights with respect to your geographical location, solely as it concerns the other person you have agreed can place you on their Contact List, and solely at those times when you voluntarily permit access to your geographical location by having your cell phone turned on and by having the CELLFLARE application running.
CELLFLARE does not sell, trade, transfer, rent or otherwise make available to any third parties the information which is collected for your registration as a user with the exceptions as set out below. CELLFLARE does not disclose, sell, rent, transfer, trade or otherwise make available to any third parties information with respect to your geographical location at any time with the following exceptions:

  1. CELLFLARE may disclose information to third parties with your prior consent. This consent may be sought in writing, electronically or verbally, depending on the nature of the reason for requesting the information.
  2. CELLFLARE may disclose information to our own employees or to individuals or companies we retain to perform services for us. Our employees and agents are bound by the same privacy rules as CELLFLARE and they may not disclose your information to any third party. Our employees receive regular privacy training.
  3. CELLFLARE may disclose your personal information to governmental agencies or law enforcement agencies if requested and if legally required to do so for reasons of crime prevention, personal or public safety. When we receive a request for your personal information by an organization claiming lawful authority, CELLFLARE will take reasonable steps to ensure that the requesting party properly identifies its legal authority.
  4. CELLFLARE may disclose your information to a third party who acquires all or some of CELLFLARE’s business through purchase of our assets, merger or consolidation.
  5. CELLFLARE may disclose some or all of your personal information to a lawyer representing CELLFLARE for the purposes of collecting a debt, or complying with a subpoena, warrant or other court order.

You have the sole responsibility for protecting your privacy when using the CELLFLARE application. You are solely responsible for maintaining the confidentiality of your password. CELLFLARE bears no responsibility or liability for any consequences, harm, damages or other injury which may result from an unauthorized third party accessing your password.

You understand that by agreeing to be placed on another CELLFLARE user’s Contact List, your geographical location could be tracked by that other person at any time that your cell phone is on and the CELLFLARE application is running on that cell phone. If you wish to protect the privacy of your location at any time by blocking access even to those on your Contact List, you have three options:

  1. You may remove that other person from your Contact List.
  2. You may temporarily disable the CELLFLARE application on your cell phone.
  3. You may leave your cell phone turned off.

The responsibility for deciding when you agree to have your geographical location tracked, and by whom, is solely yours. You are the only person who can decide who can locate you using the CELLFLARE application. You are the only person who can decide when you agree to be located and when you do not. CELLFLARE has no liability or responsibility whatsoever for the consequences of any decisions you make in this regard.

Any payments made to CELLFLARE by charge card are processed through a third party merchant services provider. Your credit card information is protected through the use of encryption such as the Secure Socket Layer protocol which makes it difficult for your credit card information to be intercepted or stolen while being transmitted. CELLFLARE recommends that you enter your charge card information or any other sensitive information only on sites specifically designed to accept such information and not through email because the contents of emails may not be as secure.

CELLFLARE may amend the Privacy Policy at any time to reflect changes in technology or to improve the protection we provide for your personal information, and notice of such changes is posted on the CELLFLARE web site to inform you, if and when they occur. Continued use of the CELLFLARE application after such notice of change has been rendered constitutes acceptance of those changes.

Cellflare and each of its logos are trademarks of Cellflare. All other trademarks, logos and mobile phone images appearing on www.cellflare.com are the property of their respective owners.
©Cellflare, Inc. 2009. All Rights reserved.