End-user Consent And Privacy

You undertake to limit your communications with End-Users to the quantity, frequency and types of Promotions, User Content, messages, correspondence, whether containing advertising or not ("End-User Messages") to which they have consented to.

You acknowledge and undertake that all marketing and promotion of User Content must comply with the best practices set out in the advertising section of the MMA. Strict compliance with these practices must be adhered to for continued use of the Services.

When collecting End-User information, your terms and conditions of use will inform End-Users that your privacy policy governs transactions involving specific mobile operator networks and that you will ensure that compliance with such privacy policy

You acknowledge your understanding that privacy of information transmitted via a mobile network cannot be guaranteed, and you accordingly agree that neither we nor any of our vendors, suppliers, partners or related network operators will be liable to you, your End-Users or any other third-party for any lack of privacy or security experienced when using the Services, nor responsible for any related damages. You also acknowledge, that to the extent permitted by law, applicable mobile network operators have the right to intercept and disclose any transmissions over their facilities in order to protect their rights or property, including without limitation, to protect the efficient operation of their networks or to comply with governmental authorities. Notwithstanding the foregoing, the data collected by you from End-Users must be made subject to your standard privacy policies. At a minimum, your privacy policy will disclose: (i) what personally identifiable information is collected and how it will be used by you; (ii) the identity of the party collecting the personally identifiable information; (iii) whether the personally identifiable information is shared with third parties; (iv) the use of any tracking technology; and (v) what security measures are in place to protect the personally identifiable information.

Any disputes between you and your End-Users shall be solely resolved between you and your End-Users, and 121Mobile will not be a party to any such conflicts.

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