Privacy Notice

Bering Soft Inc. ("Otify") recognizes that its customers, visitors and users, want to know what's up with privacy. Otify provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Otify Site, Otify Software and/or the Otify Service. If you do not agree to our practices, please do not use the Otify Site, Otify Software, or Otify Service.

This Privacy Policy is incorporated into and is subject to the Otify Terms of Service. Your use of the Otify Site, Otify Software and the Otify Service and any personal information you provide on the Otify Site or Otify Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any Status Submissions or other content posted at the direction or discretion of users of the Otify Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy is part of Otify’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Otify, including information obtained when you access the Otify’s Site, use the Otify Service or any other software provided by Otify. This Privacy Policy does not apply to the practices of companies that Otify does not own or control, or to individuals whom Otify does not employ or manage, including any of the third parties to which Otify may disclose user information as set forth in this Privacy Policy.

The Information Otify Collects

Otify may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Otify when choosing to participate in various uses of the Otify Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the Otify Service, Otify will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Otify users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.

Cookies Information: When you visit the Otify Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. Otify uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Otify Site may not function properly if the ability to accept cookies is disabled.

The Information Otify Does Not Collect

Otify does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the Otify mobile application will associate whatever name the Otify user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on Otify’s servers and is not transmitted to Otify. This means that if you have your friend’s mobile phone number associated with the name “Shakespeare” in your mobile address book, that’s the name that will appear for that mobile phone number in your Otify contact list. We do not collect location data, but users may voluntarily share their location with other users via the Otify Service.

The contents of messages that have been delivered by the Otify Service are not copied, kept or archived by Otify in the normal course of business. The Otify Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Otify user), if that recipient is online. If the recipient is not online, the undelivered message is held in Otify’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Otify — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, Otify may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Otify is legally compelled to collect. Files that are sent through the Otify Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.

The Way Otify Uses Information

If you submit Personally Identifiable Information to us through the Otify Site, or Otify Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Otify Site and Otify Service. In particular, your mobile phone number is essential to your use of the Otify Service and will be retained. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with Otify. Any Personally Identifiable Information or status content that you voluntarily disclose on the Otify Service becomes publicly available and may be collected and used by other users of the Otify Service (unless such user is blocked by you). Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users when you update your status messages through the Otify Service and other users may contact you through the Otify Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Otify Site or Otify Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Otify Site and Otify Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the Otify Site and Service and don't make it suck worse. We may use 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 use the Otify Service or Otify Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

When Otify Discloses Information

We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Otify Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Otify Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable 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 (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Otify also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Otify believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Otify Site or our servers, and to protect the rights, property, or personal safety of Otify, our users or others.

Your Choices

You may, of course, decline to submit Personally Identifiable Information through the Otify Site or the Otify Service, in which case Otify may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Otify mobile application and discontinue use of the Otify Service; your continued usage of the Otify Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before registering your mobile phone number and granting you access to the Otify Service. Please contact Otify via email to support at otify.me or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Third-party Advertisers, Links to Other Sites

We are not fans of advertising. Otify is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.

Our Commitment To Data Security

Otify uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Otify and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Otify Service is never recommended. Once we receive your transmission of information, Otify makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Otify learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Otify may post a notice on the Otify Site or through the Otify Service if a security breach occurs.

Our Commitment To Childrens' Privacy

Protecting the privacy of young children is especially important. For that reason, Otify does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Otify Site or Otify Service from persons under 16 years of age, and no part of the Otify Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the Otify Service or access the Otify Site at any time or in any manner. If Otify learns that Personally Identifiable Information of persons under 16 years of age has been collected on the Otify Site or Otify Service, then Otify may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!

Special Note to International Users

The Otify Site and Service are hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing the Otify Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Otify Site and Service, which are governed by California law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by California law for these purposes.

In the Event of Merger, Sale, or Bankruptcy

In the event that Otify is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) 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.

Changes and updates to this Privacy Notice

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Otify Site and Otify Service constitutes your agreement to this Privacy Policy and any amendments.