Privacy Policy

updated February 2012

TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANING GIVEN IN OTAIR'S TERMS AND CONDITIONS.

OTAir is sensitive to the privacy concerns of our client advertisers and the mobile end users that we serve, and protecting your privacy is an important priority to OTAir. Accordingly, we strive to keep your personal information confidential. This is the privacy policy ("Privacy Policy") for www.OTAir.com and our companion mobile marketing and media services ("OTAir Services"). It is our belief that it is necessary and beneficial for both you and us if you are fully aware of and understand the Privacy Policy and how we handle your personal information. Therefore, please read this Privacy Policy carefully and contact us if there is anything you do not understand or if you have any other questions or comments.

BY USING THE OTAIR SERVICES, YOU SIGNIFY YOUR CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY WITHOUT ANY AMENDMENT OR CHANGE. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE OUR OTAIR SERVICES.

The Privacy Policy is subject to change at any time, at our sole and absolute discretion. If the Privacy Policy changes, we will always post the revised Privacy Policy and a notice of revision on OTAir.com; we may also email all advertisers and mobile users that utilize our site. The then-current Privacy Policy posted to OTAir.com will always be deemed to be the governing Privacy Policy for the OTAir Services. We encourage you to review the Privacy Policy regularly for any changes. Your continued use of the OTAir Services following the posting of changes will mean you agree to and accept such changes.

Personal Information Covered and Use of Third-Party Web Sites

"Personal information" is defined as any information that directly identifies or can typically be used to identify, contact, or locate the person to whom such information pertains (such as name, postal addresses, telephone numbers, and e-mail addresses). Personal information does not include any statistical information that you provide or other technical or routing information about your computer or visit collected by us.

OTAir.com contains links to other web sites at which personal information may be collected. In such instances, unless expressly set forth to the contrary, any information provided by you or collected at such web sites will not be considered "personal information" for purposes of this Privacy Policy, and OTAir will not be responsible for such information in any way. The third-party web sites' collection and use of your information will be governed by the privacy policy applicable to that web site. That privacy policy should identify the entity that is collecting your personal information. Since OTAir is not responsible for their privacy practices, we encourage you to learn about the online privacy policy for those web sites.

Information OTAir Collects

You are free to visit the public portions of OTAir.com without identifying yourself. However, in order to improve our OTAir Services, "cookies" are used to track your visit. A cookie is a small amount of data that is transferred to your browser by a web server and can only be accessed by the server that issued the cookie. It functions as a unique identifier, and enables OTAir to record your OTAir.com visits, preferences, login credentials, and purchases. It cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. For some web pages on OTAir.com that require an authorization, disabling cookies is not optional. Users choosing not to accept cookies will be unable to access those pages.

Though cookies are used to track your visit to OTAir.com, and our web servers automatically log the IP address of your computer, OTAir does not generally use this information to identify any user individually. However, if you register for various activities on the OTAir Services and later log in, your unique user id will be stored on a cookie on your computer, linked to your registration information, and your navigation path around the OTAir Services will be tracked.

Some portions of OTAir.com require registration and login for use. When you register to use our services, certain information will be requested which may include your name, mobile phone number, address and email address. This information will enable OTAir to identify you regarding the products and services provided and will protect your information and OTAir history from others. OTAir may, from time to time, request additional personal information for purposes such as providing customer service, network management, surveys, offers of related services, and other exchanges of information.

OTAir also gathers aggregate information about all users collectively, such as what areas of OTAir.com users visit most frequently and what services users' access most often. OTAir automatically logs IP addresses, session sources, and other data that tracks users' access to OTAir.com.

Additionally, given the nature of the mobile messaging services we provide to our clients, OTAir collects mobile device related data transmitted to us by text message, email, or web sites, as well as, potentially entered, imported or transmitted via automated means from and by a client user, site or online software system. Such data may include phone number, email address, physical address in part or in whole, date of birth, names, membership numbers, account numbers, any other type of identification meaningful to our client's communications with their audience. While OTAir discourages the collection of any information via text or otherwise deemed to be highly sensitive, we cannot monitor, control, or prohibit the voluntary transmission of such data by a mobile device user. Be aware that OTAir securely stores all incoming and outgoing text message transmissions regardless of origination source or destination. This stored information, in part or in whole, may be accessible to applicable client(s) communicating with said mobile device user, OTAir employees and contractors, and vendors to OTAir responsible for data, network, server, server software and online hosted applications, such as those used for email, virtual phone systems, instant messaging networks, customer support systems, CRM, and accounting.

What OTAir Does With the Information Collected

OTAir collects and uses personal information to provide access to our products or services, facilitate customer service, and identify use aggregated use trends, such as the number of persons participating in a client campaign, data response submission rates, and opt-out rates

For certain OTAir Services promoting a specific item and as expressly communicated on OTAir.com, such as for real estate text message inquires, your mobile number will be provided in a report to the entity sponsoring the text message campaign (i.e., the real estate agent). Otherwise, personal information you supply to OTAir will not be given, sold, rented, loaned, or otherwise disclosed to any third parties outside of OTAir, except when we have your express permission to share such information or under special circumstances, such as when we believe in good faith that disclosure is reasonably necessary to (i) comply with laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant, or order, (ii) enforce the OTAir Services' user terms and conditions, or (iii) protect the rights, property, or personal safety of OTAir, its customers, or the public.

Your personal information may be accessible to trusted third-party partners who work on behalf of or with OTAir, such as the wireless carriers and companies providing us with information technology services. These partners are bound by confidentiality obligations and will not have an independent right to share your personal information with other third parties.

OTAir may also use aggregated information to determine the demographics of our users, and to distribute statistics and general marketplace information about OTAir. OTAir may disclose aggregated user statistics in order to describe the service to prospective partners, advertisers, and other third parties, and for other lawful purposes. These demographics will always represent aggregate information and will never identify specific users.

We also analyze our server logs in order to improve our services, as well as, for system performance monitoring. These logs are examined for the overall, aggregate trends they reveal about our customers, not for individual user behavior.

User Opt-Out Procedures

From time to time, OTAir may notify you of new products, announcements, upgrades, updates, and other information or offers from OTAir that we believe might be of interest to you. You may opt out of receiving these future promotional mailings by indicating such online within your OTAir profile, sending an email with your name and what you want to be opted out of to: privacy@OTAir.com or by contacting us at our mailing address:

OTAir LLC Attn: Privacy Policy P.O. Box 29212 Henrico, VA 23242

OTAir reserves the right to send registered users email related to business practices and systems operations, such as outage notifications and quota warnings, even if you have opted out of promotional mailings.

Clients of OTAir are not bound by this policy as to the manner in which they use the information collected as provided by their audience for participation in mobile and other digital communications. Clients have their own privacy policies and members of their communications audience are encouraged to understand such policies. OTAir is not liable for the use of data by a client collected by OTAir on their behalf through text messaging or other means.

Provision of Unsolicited Information

OTAir appreciates feedback and suggestions. Our goal is to provide all our customers with high quality products and services. OTAir's ability to freely evaluate and implement ideas and information improves the online experience for all users. Therefore, any information, feedback, data, questions, comments, suggestions, or any other material, submitted to OTAir, whether solicited or unsolicited, regarding its software, the OTAir Services, or technology shall be deemed non-confidential. Notwithstanding anything to the contrary in this Privacy Policy, by providing any such material, you hereby grant OTAir an unrestricted, irrevocable, royalty-free, and perpetual right and license to freely reproduce, use, disclose, modify, perform, publish, translate, create derivative works from, distribute, and display any such information you send to OTAir, without limitation, for any and all commercial and non-commercial purposes. OTAir is free to use any ideas, concepts or techniques contained in this response for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such ideas, concepts or techniques.

Updating Your Personal Information and Privacy Preferences

You have the right to be informed of and correct your personal information held within the OTAir systems at any time. You may request such information only by calling us as we will need to ask identity confirming questions to ensure we are sharing such data with the appropriate person.

In the event that the Privacy Policy has changed from the date you provided the personal information, and you do not agree with the new or changed provisions of the revised Privacy Policy, you may request that OTAir delete all of your personal information by contacting OTAir at the contact information listed above or on our web site.

Please include your name, address, and/or e-mail address when you contact us. Also, please indicate with as much detail as possible the location on this OTAir Services where you provided your personal information. No specific form is required to notify OTAir of changes to your address or privacy preferences. However, please note that it may take up to ninety (90) days for any changes or updates to be completed, and possibly longer if it is necessary for OTAir to request additional information.

Privacy Related Inquires and Complaints

If you believe that OTAir has not complied with this Privacy Policy with respect to your personal information or you have other related inquiries or concerns, you may contact OTAir at the contact information indicated above or on our web site. We request that you use the subject line, "Online Privacy Policy Concerns."

In your correspondence, please describe in as much detail as possible the nature of your inquiry and/or the ways in which you believe that the Privacy Policy has not been breached. We will investigate your inquiry or complaint promptly.