Privacy Policy
Effective February 2nd, 2011

Your privacy is extremely important to us at Skyfire Labs, Inc. (“Skyfire”, “we”, or “us”). We respect the privacy of our users and seek to meet or exceed industry-best practices to protect your privacy, including supporting the Internet Advertising Bureau and Better Business Bureau joint self-regulatory principles. Accordingly, we have prepared this Privacy Policy for the Verizon version of the Skyfire mobile browser (the “Browser”), and our website. By using the Browser, you consent to the terms of this Privacy Policy.

1. What Information Does Skyfire Collect and for What Purposes?

The Skyfire Browser and other Skyfire mobile apps do NOT collect or store information that can be used to identify you personally such as your name, address, telephone number, or email address (“Personal Information”). Skyfire will not collect Personal Information without your consent. If you sign up for our optional free email newsletter via our Website, we do retain your email and other information you provide, but that is not linked in any way to your use of the Skyfire browser or other products.

Skyfire uses a completely anonymous user ID to identify specific Skyfire mobile browsers, which is not linked to any Personal Information. To the extent that our Sites and Services access your Device ID, Skyfire uses this Device ID to create a proprietary anonymous ID number that cannot be traced nor reverse-engineered to your particular Device ID or your identity.

In order to process browsing and video requests, Skyfire has to collect certain basic browsing information, limited to Non-Personal Information, including the following:

When using the SkyBar™ toolbar, you may choose to login to third-party services using the shortcut toolbar buttons provided, such as Facebook, Twitter, or other third-party services. You may use the SkyBar toolbar without logging in to those services, and you may log out at any time. Skyfire does not collect or store your account information for third-party services. Skyfire maintains only an encrypted token (“OAuth,” in technical speak) to indicate to these third parties that you are logged in to your account with their services.

When you visit and browse our website, Skyfire may set and access one or more cookies (which are text files containing alphanumeric identifiers that we send to your browser and are stored on your computer). We use cookies to store limited session-related information to improve our website experience and understand repeat visitor trends. If you would like, you may be able to change your browser settings to limit our use of cookies (however, some features of our Sites and Services may not function normally if you do so). Please review your web browser’s “Help” file to learn the proper way to modify these settings. In addition, as with most websites, Skyfire automatically receives and logs information from your computer that your browser sends, such as IP address, browser type, and Skyfire cookie information, referring/exit pages and URLs, platform type, number of clicks, landing pages, and pages viewed.

Skyfire may display advertisements and offers in its Sites and Services, including in the SkyBar™ toolbar. These advertisements are informed only by the contextual words on a website, not by any profile history. No human will read the browser session in order to target such advertisements, and no Personally Information will be collected nor provided to advertisers as part of this Service. Skyfire stores and uses this data in a form that does not permit association with any specific individual or device.

We may in the future introduce new Sites or Services that require a separate registration and may ask you to provide Personal Information when using those distinct products. Please keep in mind that standards for what constitutes Personal Information may differ in other jurisdictions.

Skyfire may use, disclose, reproduce, license and distribute any comments, suggestions and feedback to Skyfire regarding the use of our Sites and Services.

2. What Does This Privacy Policy Cover, and What Doesn’t It Cover?

This Privacy Policy covers our treatment of information that we gather when you access or use our Sites and Services. This Privacy Policy does not apply: (a) to the practices of third party companies that we do not own or control, or to third party individuals that we do not employ or manage; and (b) to any information you provide to use when you call us, write to us, or communicate with us in any manner other than through our Sites and Services.

Please note that end user license agreements (“EULAs”) governing the use of certain Sites or Services may contain provisions that pertain to the collection and use of your information and which supplement or vary from this Privacy Policy. If there is a conflict between a EULA and this Privacy Policy, the terms of such EULA shall apply.

3. Can Minors Use the Sites and Services?

Skyfire does not knowingly collect or solicit information from anyone under the age of 18, and requires that users to be of age 18 or older to use our Sites and Services. If you do not meet these age requirements, please do not attempt use any of the Sites and Services, and do not send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under the age of 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 18, please contact us at privacy@skyfire.com and we will promptly delete such information.

4. How Does Skyfire Share Information?

Skyfire does not sell, rent or share your Personal Information with other companies as a matter of policy. However, we may disclose Personal Information and non-Personal Information under the following limited circumstances:

Skyfire discloses aggregate, anonymous log file and usage information in reports to 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. Skyfire does not share Personal Information with such third parties.

Skyfire utilizes certain third party services, such as Flurry Analytics or Fluent Mobile, as a reporting tool in order to study aggregate usage patterns and improve our Sites and Services, or to measure the effectiveness of external marketing campaigns. These reporting services may access your Device ID to measure the distinct number of users on our products, and the frequency they return. Skyfire does not share Personal Information with such third parties. These reporting tools have no access or linkages to any Skyfire URL browsing history.

If you have any questions regarding the management and use of personal information, please contact us at the address in the “Enforcement and Contact Information” section of this Privacy Policy.

5. How Does Skyfire Protect Your Information?

Skyfire uses commercially-reasonable safeguards to protect the privacy of information collected under this Privacy Policy. Although we can not guarantee that such information may not be accessed or disclosed by breach of our safeguards, we seek to exceed industry privacy norms by not storing sensitive information and limiting the Personal Information we collect in the first place.

We limit access to information about Browser activity to Skyfire employees, contractors and agents who need to come into contact with that information to operate, develop or improve our products and services. These individuals are under confidentiality agreements and may face disciplinary charges, termination and/or criminal prosecution if they fail to meet their agreements. We review our data collection and use practices to ensure that we collect and use only necessary amount of personal information needed to operate, develop or improve our Sites and Services.

We endeavor to protect the privacy of any information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information. If Skyfire learns of a security breach, then we may attempt to notify you so that you can take appropriate protective steps. Skyfire also may post a notice on applicable portions of its Sites and Services if a security breach occurs.

The Skyfire website may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When following a link to another site you should read that site’s privacy policy.
In addition, please note that information that we collect or that you submit may be transferred to, processed in, or held in countries (including the United States) other than the one in which you reside.

6. What If We Change This Privacy Policy?

Skyfire may update this policy from time to time. We will post any Privacy Policy changes on this page. Each version of this Privacy Policy is identified by its effective date at the top of this document.

If we make a material change to this Privacy Policy that affects users of the Skyfire browser or other apps, we will post prominent notice within the applications and request new acceptance of the updated Privacy Policy before it applies to you.

7. Who Can I Contact With Concerns Or Questions?

Skyfire regularly reviews its compliance with this Privacy Policy. If you have questions, concerns or suggestions regarding this policy, please contact us at:

Skyfire Labs, Inc.
Customer Care – Privacy Matters
779 East Evelyn Ave
Mountain View, CA 94041
privacy@skyfire.com


Terms of Use:

Skyfire, Inc. (“Skyfire”) has developed a mobile web browser (the “Browser”) that enables you to access the internet, interact with websites, and send and receive content on your mobile phone, tablet, or other handheld electronic devices (your “Device”). Skyfire has teamed with Verizon to bring a special version of the browser to Verizon users.

The Browser includes the SkyBar™ toolbar which is designed to create an enhanced browsing experience, with improved video and social features.

SKYFIRE BROWSER TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THESE "TERMS") CAREFULLY BEFORE USING THE BROWSER. These Terms govern your access to and use of the Browser and the accompanying content, data and other materials accessed through the Browser. BY CLICKING THE "ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. This is a legal agreement between you and Skyfire. If you do not accept these Terms, you may not use the Browser.

In addition, please read our Privacy Policy below or on our web site for information about our policies and procedures regarding the collection, use and disclosure of information we receive from users.

1. Basic Requirements
a. The Browser is intended solely for your own personal, non-commercial use in accordance with these Terms. You may not re-sell or redistribute the Browser in any way. b. You must be at least eighteen (18) years of age to accept these Terms and use the Browser. If you are under the age of 18, please do not download or install the Browser.

2. Changes
Skyfire reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Browser or modify these Terms. Skyfire shall notify you of any changes and require you to agree to such modified Terms to continue to use the Browser. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Browser. By continuing to access or use the Browser after Skyfire makes any such modification, you agree to be bound by the revised Terms.

3. Carrier Transactions and Charges
Your dealings with any wireless, telecommunications or other carrier (“Carrier”) in connection with the Browser, including payment for and delivery of the Browser, participation in any promotions offered by any Carrier, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. Skyfire is not responsible or liable for any part of any such dealings or promotions. You are solely responsible for, and Skyfire will not have any liability to you for, any access or usage charges charged by a Carrier related to any device that you use to access or use the Browser, including, without limitation, usage charges for telephones, handheld devices, car navigation systems, pagers and other devices, whether wireless or wireline.

4. Privacy Policy Supplement
a. Skyfire’s Privacy Policy is incorporated herein by this reference. Please see the policy available below after the Terms of Use, or on our web site. b. This Browser has been customized for Verizon users.  This version of the Browser does not create any user profile for advertising purposes, and will rely solely on retrieving contextual information from the web page on which you’re browsing to inform which advertisements are selected for you.  No browsing history is used to select these advertisements, nor is any browsing history stored for advertising purposes. Please see the Privacy Policy regarding the extensive privacy safeguards in all data collection practices.

5. Grant of License
Subject to your compliance with these Terms, Skyfire grants you a non-exclusive, non-transferable, non-sublicensable license to download, install and use the executable form of the Browser only on your Device and solely for your personal use. Skyfire reserves all rights not expressly granted to you in this Terms.

6. Your Warranty
You warrant, represent and agree that you will not (and will not permit any others to) use the Browser in any manner that (i) violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as determined by Skyfire; or (iv) prevents others from using the Browser. Skyfire reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of these Terms has occurred or to comply with any applicable law, regulation, legal process or governmental request.

7. Restrictions
Except as expressly specified in these Terms, you shall not (and will not permit any others to do any of the following): (a) copy or modify the Browser; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Browser to any third party; (c) make the Browser or its functions available to multiple users through any means, including, without, limitation, by uploading the Browser to a network or file-sharing service or through any hosting, application services provider, service bureau or any other type of service; (d) adapt, alter, modify, translate or create derivative works of the Browser without the express written authorization of Skyfire; or (e) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services or other features that constitute part of the Browser. You acknowledge and agree that portions of the Browser, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Skyfire and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer the Browser, in whole or in part, or permit or authorize a third party to do so, except to the extent such restrictions are expressly prohibited by applicable law.

8. Ownership
The Browser is licensed, not sold. Skyfire and its licensors retain all right, title, and interest in and to the Browser, including all intellectual property rights therein. The Browser is protected by United States and other laws and international treaties. You may not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Browser as delivered to you.

9. Term
The Terms shall remain effective until terminated by either you or Skyfire as set forth below. a. You may terminate the Terms at any time, with or without cause, by uninstalling the Browser from your Device. b. Skyfire may terminate the Terms if you breach any provision of the Terms, Skyfire ceases to provide the Browser for your use, or if Skyfire is required to do so by law. Furthermore, Skyfire may terminate the Terms and your use of the Browser at any time for any reason. c. In the event of any termination of the Terms, you agree to uninstall and delete all copies of the Browser in your possession or control. Upon termination of your account, your right to use the Browser will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

10. Third Party Content
In the course of using the Browser, you may access content, products and services provided by third parties. Skyfire does not control these third parties or their links, and Skyfire is not responsible for the content, products, materials or practices of any third party. You understand that by using the Browser you may be exposed to content that you find offensive, indecent or otherwise objectionable. You agree that Skyfire is not responsible or liable for: (i) the availability or accuracy of, such third-party websites or resources; (ii) the content, quality, nature, reliability, advertising, products or services on or available from such websites or resources as accessible through use of the Browser; or (iii) any opinions, advice, offers or other information on or available from such websites or resources. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Skyfire is not responsible or liable for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that Skyfire is not responsible or liable for any loss or damage of any sort you may incur from dealing with any third party.

11. Safety
Your access to and use of the Browser is at your own risk. Do not use the Browser where prohibited by law or during activities that require your full attention, or where there exists a significant risk of accident or injury resulting from the distraction created by such use.

12. Updates
From time to time, Skyfire may provide updates and/or new versions of the Browser and you agree to receive (and permit Skyfire to deliver) such software and to use (and will not prevent the updating and/or installation of) the most recent version of the Browser on your Device.

13. Disclaimers
a. THE BROWSER IS PROVIDED “AS IS” AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SKYFIRE EXPLICITLY DISCLAIMS, FOR ITSELF AND ITS SUPPLIERS, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE BROWSER ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE BROWSER. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BROWSER IS DONE AT YOUR OWN DISCRETION AND RISK.
b. Skyfire makes no warranty that: (i) the Browser will meet your requirements; (ii) the Browser will be available on an uninterrupted, timely, secure or error-free basis; or (iii) the quality of any products, services, information or other material purchased or obtained by you through the Browser will meet your expectations, will be accurate, interoperable, compatible, timely, truthful, complete or reliable. Skyfire reserves the right to make changes or updates to the Browser, including but not limited to adding to, deleting, changing or improving any of the information, services, programs, interfaces and technology, at any time without notice.

14. Limitation of Liability
a. IN NO EVENT WILL SKYFIRE, ITS SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE BROWSER, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SKYFIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL SKYFIRE'S CUMULATIVE LIABILITY TO YOU EXCEED $10.

15. Indemnity
You agree that you will be personally responsible for your use of the Browser, and you agree to defend, indemnify and hold Skyfire, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Skyfire Entities”), harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Browser; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; and (iv) any disputes or issues between you and any Carrier. Skyfire reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Skyfire’ defense of such claim.

16. Dispute Resolution
These Terms shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right at any time to institute an action in any court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.

17. Other Terms
In the event that any provision in these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. You may not assign these Terms (by operation of law or otherwise) without the prior written consent of Skyfire and any prohibited assignment will be null and void. Skyfire may assign these Terms or any rights hereunder without your consent. You agree that these Terms and the rules, restrictions and policies contained herein, and Skyfire’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Skyfire. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Skyfire in any respect whatsoever. These Terms together with the rules and policies of Skyfire constitute the entire agreement between Skyfire and you with respect to the subject matter hereof.

18. Contact Information
If you have any questions regarding these Terms, you may contact Skyfire at privacy@skyfire.com or at the address provided on Skyfire’s website, www.skyfire.com.