MiJay

Privacy Policy

MSDC Development ("MiJay") values the privacy of our customers, users, and others who use the mobile phone applications, www.mijay.com, and other web sites, services, and content (e.g., widgets, feeds, and applications) owned or operated by MSDC Development (the "MiJay Services") (such customers or users, collectively or individually, "Users"). This Privacy Notice governs the MiJay Services.

The great majority of our Users will use the MiJay Services for harmless and fun social purposes. However, please note that by its very nature, your location information is subject to abuse, misuse, and over-monitoring by others including, perhaps, by your friends, family, or acquaintances. Please manage your own mobile and profile privacy preferences on the MiJay Services, on an ongoing basis, accordingly.

Please be aware that any personally identifiable information or location information that you voluntarily disclose online - such as when you use MiJay location services, the comment feature, etc. - becomes publicly available and can be read, collected, and used by others and could be used to send you unsolicited messages. MiJay is not responsible for the personally identifiable, profile, or location information that you choose to disclose publicly on the MiJay Service.

General Information

This Privacy Notice details important information regarding the use and disclosure of User information collected through the MiJay Services. MiJay provides this Privacy Notice to help you make an informed decision about whether to use or continue using the MiJay Services.

This Privacy Notice is incorporated into and is subject to the MiJay Terms of Use. Your use of the MiJay Services and any personal information you provide on the MiJay Services remains subject to the terms of this Privacy Notice and the Terms of Use.

Important Disclosures and Consents

Data and messaging (including SMS text messages) plans are required to use the MiJay Services. MiJay requires the use of SMS text messages. Standard data and messaging charges, fees, and taxes from your carrier apply.

MiJay shows your phone's current geo-location to your selected "MiJay friends" - on most phones, this location sharing occurs even when the MiJay app is not open and running, but is always controlled by your privacy settings.

In order to subscribe to the MiJay Services, you must consent to: (a) the use of your phone's location to provide MiJay to you, including the display & disclosure of that location information to your MiJay friends and within your geo-tagged messages & content; (b) receive text messages; and (c) pay carrier data, messaging, & other fees resulting from MiJay usage.

MiJay Services default privacy settings are set for the way that most Users use MiJay, we save your password for the phone application, your phone's geo-location is updated automatically, and that location information is displayed to your MiJay friends even when MiJay is not opened and running on your phone. Changing these settings is easy - just use the 'settings' menu choice on the MiJay mobile application to set your location to private.

MiJay reserves the right, but has no obligation, to have our systems monitor any user's registration or invite-a-friend attempts as well as any user's use of or access to the location information and profiles of other users. Accordingly, MiJay also reserves the right to disable any user's use of or access to the MiJay services and the location information or profiles of other users, for any reason and without any notice.

The Information MiJay Collects

Registration Information: You provide to MiJay certain personally-identifiable information (such as mobile phone number, wireless carrier / operator, your name, email address, phone number, date of birth, password, etc.) when choosing to subscribe to the MiJay Services.

Profile Information: When using the MiJay Services you provide certain other personal information and content - such as songs your are listening to, your playlists on your iPhone or iPod Touch, your music collection, , etc. - that will be publicly displayed to other Users and on third-party sites and services in accordance with your privacy and opt-in settings.

Location Information: To provide the MiJay Services, we derive location information from your wireless carrier, certain third-party service providers, or directly from the mobile device that you used to register with MiJay. This location tracking of your mobile device may occur even when the MiJay mobile application is not actively open and running, but your location is displayed and shared with others only in accordance with your privacy and opt-in settings.

Cookies/Persistent File Information: When you use the MiJay Services, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer. MiJay may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your web browser and may be used by us during your subsequent visits to the MiJay Web site. Persistent cookies set by the MiJay Web site can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings.

Log File Information: When you use the MiJay Services, our servers automatically record certain information about your usage from your mobile device and web browser. These server logs may include information such as a mobile device identification number and device identifier, web requests, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, features used in the MiJay mobile application, the number of messages and friend requests related to your profile, the amount of time spent on particular web pages, the dates and times of your requests, music purchases, songs played, most played songs, recently added music, and one or more cookies that may uniquely identify your browser.

Invite Information: If you choose to use our invite feature, then MiJay may ask you for your friend's mobile phone number or email address. If you provide a friend's mobile phone number, then MiJay will automatically send to that friend a one-time text message inviting your friend to join the MiJay Service and to add you as their friend. If your friend's phone number is on a wireless provider and/or mobile device that is not supported by MiJay, then your friend will not receive this text message until their wireless provider and/or mobile device supports the MiJay Services. If you provide a friend's email address, then MiJay will automatically send that friend a one-time email inviting your friend to register on the MiJay website or to download the MiJay application to their phone. Your friend may contact us to request that MiJay remove this information from our systems, or simply reply with STOP to any MiJay friend-invitation text message to opt-out of receiving future invitations via text message.

The Way MiJay Uses Information

MiJay uses your personally identifiable, registration, profile, and location information to operate, maintain, and provide to you and other Users all of the features and functionality of the MiJay Service.

To provide the basic functionality of the MiJay Services - such as displaying songs played or playing, your music library, your playlists, or your live location to your friends, MiJay maintains for its use only each User's most recent location fix. If Users choose to "geo-tag" certain content or data with location information - such as journal (i.e., blog) entries, broadcasts, events, favorite places - then MiJay maintains these user-created geo-tags for so long as the applicable content remains on MiJay's systems.

MiJay uses your personally identifiable location, and certain non-personally-identifiable information (such as anonymous log file information) to track and analyze User preferences and trends in order to improve the quality and design of the MiJay Services and to create new features, promotions, functionality, and services.

MiJay uses cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the MiJay Services; (b) provide custom and personalized content, advertisements, and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics.

MiJay uses a third-party data source to verify that your mobile phone number is on a wireless provider supported by MiJay. If you have a supported mobile phone number and device, then MiJay sends a text message to your phone in order to verify your custody of that handset. If your carrier or handset is not supported, then MiJay stores your mobile phone number and will send out a one-time text message to you when the MiJay Service does become available on your wireless provider and/or handset.

MiJay uses your email address or mobile number from time-to-time for non-marketing or administrative purposes such as sending privacy or security related notices, notifying you of major MiJay Services changes, or for other customer service purposes.

MiJay uses your personally identifiable, registration, profile, and location information to personalize and serve in-service advertisements specifically to you and your interests. For example, if you put a favorite band in your profile, then we might serve you an advertisement highlighting the concert of a similar band playing in your city. However, we do not disclose who you are to the music company.

MiJay does not use your personally identifiable information or location information to send commercial or marketing SMS text messages or email messages to you without your express consent or unless if you have opted-in to be part of a specific program or feature in accordance with the applicable MiJay Services consent procedures.

When MiJay Discloses Information

MiJay discloses some personally identifiable, registration, profile, or location information to subsidiaries, affiliated companies, or other businesses or persons for the purpose of providing certain features of the MiJay Services, in order to serve relevant advertisements in support of the MiJay Services, and for processing such information on our behalf. For example, we may disclose information to wireless carrier partners for the purpose of revenue recognition, or we may disclose certain information in order to provide mapping, points-of-interest, local content, or navigation features. We require that these parties agree to process such information in compliance with our privacy policy, we use reasonable efforts to limit their use of such information, and we require these parties to use any other appropriate confidentiality and security measures.

MiJay discloses aggregate, anonymous log file and usage information in reports to interested third parties to assist those parties in understanding the usage patterns and performance results of certain advertisements, content, services, promotions, or features. For example, we may provide aggregate-level reports to an advertising partner for the purpose of showing delivery and performance statistics of a specific advertising campaign.

MiJay may release personally identifiable, registration, profile, or location information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws or respond to a court order, subpoena, or search warrant.

MiJay also reserves the right to disclose personally identifiable, registration, profile, or location information that MiJay believes, in good faith, is appropriate or necessary to: enforce our Terms of Use; take precautions against liability; protect Users from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against any third-party claims or allegations; assist government enforcement agencies; protect the security or integrity of the MiJay Services; or protect the rights, property, or personal safety of MiJay, Users, or others.

MiJay does not share your personally identifiable information or personally-identifiable location information with other, third-party companies for their commercial or marketing use without your express consent or unless you have opted-in to be part of a specific program or feature in accordance with the applicable MiJay Services consent procedures.

Your Choices

You may update, correct, or delete your privacy settings and profile information at any time via the MiJay mobile application. To protect your privacy and security, we take reasonable steps to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

You may update, correct, or delete your privacy settings and profile information at any time via the MiJay mobile application. To protect your privacy and security, we take reasonable steps to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Our Commitment to Data Security

MiJay uses commercially reasonable physical, managerial, and technical safeguards. We cannot, however, ensure or warrant the security of any information that MiJay receives on your behalf to operate the MiJay Services or that you transmit to MiJay and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If MiJay learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. MiJay may post a notice on the MiJay Services if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Our Commitment to Children's Privacy

Protecting the privacy of young children is especially important. If you are a parent or guardian and discover that your child under the age of 14 has obtained a MiJay Services account, then you may alert MiJay at contact us and request that MiJay delete that child's personal information from our systems.

International Visitors

The MiJay Services are hosted in the United States and are intended for United States visitors. If you are using the MiJay Services from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.

Third Party Advertisers and Ad-Serving Companies

Advertisements that appear on MiJay are sometimes delivered (or "served") directly to Users by third-party advertisers or ad network companies. These companies may automatically receive your IP address or other information about your mobile device or personal computer when serving advertisements. These third parties may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of the advertisements served and to personalize advertising content. Doing this allows the advertiser or ad network to recognize your computer or mobile device each time they send you an advertisement in order to measure the effectiveness of the ad and to personalize advertising content. These companies may compile information about the sites or services visited when seeing advertisements and determine which advertisements are clicked. MiJay does not access or have control of the cookies that may be placed by third-party advertisers or ad networks. Likewise, third party advertisers and ad networks do not have access to your personal information stored with MiJay unless you choose to share it with them. This Privacy Notice does not cover the use of tracking technologies or personal data by any such third-party advertisers or ad networks.

In the Event of Merger, Sale, or Bankruptcy

In the event that MiJay is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control so that the MiJay Service can continue operations. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used. You will be notified via notice through the MiJay Services of any such change in ownership or control of your personally identifiable information.

Changes and Updates to this Privacy Notice

This Privacy Notice may be revised periodically without further notice to you and this will be reflected by the "last modified" notice below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information. Your continued use of the MiJay Services constitutes your agreement to this Privacy Notice and any future revisions. If we decide to change our privacy policies, then we will post those changes to this Privacy Notice, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information. If we make such material changes to this policy, then we will notify you here in this Privacy Notice, by email, or by means of a notice on the MiJay Services home page.

Effective Date, Date Last Modified

MiJay Privacy Notice effective as of December 2, 2009.

Contact Information

If you have questions or concerns regarding this statement, you should first contact us, or write us by mail to: MiJay c/o MSDC Development, 20522 Oak Farm, San Antonio, TX 78258