SPLASH PRIVACY POLICY

Last Modified on February 14, 2013

Our Privacy Commitment

Splash Technologies, Inc. (the “Company,” “we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all users of the Company’s mobile applications (the “Apps”) or the website where this Privacy Policy is posted (the “Site”) (we refer to the Apps, Site, the services and the software made available through the Apps or Site, collectively, as the “Company Features”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Company Features how we use and protect the information we collect through the Apps, Site and the Company Features. By using the Apps, Site or any of the Company Features, you consent to the Company’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Site and Company Features and not to any other website that you may be able to access from the Site which may have its own data collection and use practices and policies.

This policy answers the following questions:

What information do we collect about you and how do we use it?

Types of Information We Collect

Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access certain areas of the Site, but if you do not want to disclose certain personal information to us, you will not be able to access certain aspects of the Company Features.

We collect personal information when you create an account through the Company Features; make a purchase through the Company Features; or receive customer or technical support.

To create an account for the Company Features, we require you to provide certain information to create your profile, including your name, email address, mailing address and phone number. You will also need to create a password. When you make a purchase through the Company Features, you will also be required to provide a billing address and credit card or other payment information.

In addition to the foregoing information, if you set up an account, you will be given the opportunity to provide us with a photo for your profile, your age, ethnicity, gender, marital status and birthdate. You may also choose to provide information regarding your hobbies and interests, exchange in dialogue and other communications with other users and the public through our Company Features, and share additional photos and photo tagging as part of our Company Features. You may also choose to import information such as your address book contacts in order to invite your friends to download or access the Company Features or connect with existing users. No information of this type will be collected unless you provide it.

How We Use Your Personal Information

The personal information you provide to us will allow us to make available certain of the Company Features including our mobile application; provide you with information and updates pertaining to specific transactions; to request feedback; alert you of new services, features, or enhancements to the Company Features; provide you with information regarding the Company and its products and promotions; and handle your customer service questions or issues. We also use your email address and telephone number as part of the Company Features in sending you messages about the Company Features and other general announcements.

When you share a photo through Company Features, your location data (latitude and longitude) are appended to the photo and made publicly visible to any and all users. This information is considered integral to the functionality and features of our Company Features, and helps us deliver geographically relevant results to other users. We assume you will refrain from using the service when you wish your current location to remain confidential and not publicly visible.

We will use address book contact information you import through the Company Features to invite others to download and/or access our Company Features or to connect you with existing users at your request.

Cookies

“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we and certain service providers acting on our behalf such as Google and Facebook , employ cookies in certain areas of the Site and Company Features to allow us to provide information to make your online experience more convenient. For example, when you return to the Site after logging in, cookies provide information to us so that the Company Features will remember who you are on subsequent visits, speeding up and enhancing your experience of the Company Features. If you do not accept cookies, you may not be able to access certain of our Company Features. Please note that third parties may deliver advertisements in our Company Features through the SNS connected to your use of the Company Features who may also use cookies or other technologies, and those practices are subject to their own policies.

Children’s Privacy

We do not knowingly collect personal information from children under 13, or allow them to create an account for the Company Features. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.

Will we share your personal information with third parties?

Sharing of Information

We use your personal information to complete your transactions; provide you with information and updates pertaining to specific orders; to request feedback; alert you of new services, features, or enhancements to the Company Features; provide you with information regarding the Company and its products and promotions; and handle your customer service questions or issues. We will share the personal information we collect from you under the following circumstances:

Additional Information You Should Know About Third Parties

This Privacy Policy does not cover the information practices of third party websites linked to the Apps or Site. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you have clicked on a third party logo or URL displayed in our Apps or on our Site which links you to a different website, our Privacy Policy no longer applies and you must read the privacy policy of the third party to see how your personal information will be handled on their website.

What choices do you have about the collection and use of your personal information?

Control of Your Information

You may update or delete your personal information or modify your account preferences for the Company Features by accessing the account interface of the Site or by emailing any updates or changes to privacy@splash.io. Please note that when you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities. Please note that if you opt-out of providing certain information, or otherwise request the deletion of your personal information you may not be able to continue to use certain of the Company Features.

Opting Out of Receiving Communications from Us

If you no longer want to receive our emails or other announcements, you may unsubscribe by selecting “unsubscribe” in your account, writing to us at privacy@splash.io or replying to the unsubscribe link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Privacy Policy, you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Dispute Resolution for Residents of the European Union

If you are a resident of the European Union, in the event that you have any dispute or claim arising out of or relating to this Privacy Policy, you may report your claim to the European Union Data Protection Authorities located in your jurisdiction.

What security measures do we take to safeguard your personal information?

The personal information that you provide to us is stored on servers, which are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personal information to Company employees and agents who need to know this information in order to develop, operate and maintain the Company Features. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Company Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

European Commission’s Directive on Data Protection - Safe Harbor

The Company adheres to the Safe Harbor Principles that were established by the U.S. Department of Commerce in consultation with the European Commission to comply with the European Commission’s Directive on Data Protection.

Notification of Changes

This Privacy Policy may change from time to time and we will post all changes on the Site.

Questions? Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at privacy@splash.io.

Terms of Use

Please read the Terms of Use governing the use of the Apps, Site and the Company Features.