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:
- The persons who
track others, and who are themselves subject to tracking of their
geographical location, must be subscribers of CELLFLARE in good standing.
- Both parties, that
is the person doing the tracking and the person being tracked, must be
members on each other’s Contact Lists.
- Both parties must
have agreed to be placed on the other’s Contact List.
- 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:
- 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.
- 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.
- 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.
- 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.
- 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:
- You may remove that
other person from your Contact List.
- You may temporarily
disable the CELLFLARE application on your cell phone.
- 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.