FUNAMBOL PRIVACY STATEMENT

This Privacy Statement describes the data privacy policies of Funambol, Inc. ("Funambol" or "us") for data collected through (1) funambol.com and funambol.net (collectively, the "Site," including any successor web sites), and (2) any Services (including the Funambol portal service) provided through the Site. Any capitalized terms not defined in this Privacy Statement have the meanings given in Funambol Terms of Use.

By submitting any information or registering for any Funambol Services, you agree (1) to comply with the terms and conditions of this Privacy Statement, and (2) that Funambolmay process (i.e., collect, use, etc.) your Personal Data as described in this Privacy Statement or the Funambol Terms of Use.

You expressly consent to the processing of your Personal Data according to this Privacy Statement. Personal Data may be processed by Funambol in the country where it was collected as well as other countries (including the United States where laws regarding processing of Personal Data may be less stringent.

1. INFORMATION COLLECTION AND USE

1.1 Generally

Funambol allows you to submit Personal Data through the Site and the Services. The Funambol portal service enables you to upload your personal information manager files (your "PIM Data", which includes your electronic 'rolodex' and calendar) to the Service and to synchronize your PIM Data, e-mail and picture(s) to and from other data stores such as a cellphone, iPod, PC, e-mail server, etc. "Personal Data" is information about you that is personally identifiable to you as well as other non-public information to the extent that it is associated with the foregoing.

1.2 Registration

When you register with Funambol, you submit the following types of Personal Data to Funambol (your "Account Data"): your name, your e-mail address, your company name, your chosen password.

1.3 Funambol Service and PIM Data

When you use the Funambol portal service, you upload or synchronize your PIM Data and/or e-mail and/or picture(s) to Funambol's (or our service provider's) servers. We do not use your PIM Data, e-mail, or picture(s) for any purpose other than to provide you the Funambol portal service.

1.4 Use of Account Data

We may use your Account Data for license reporting and assessment of service levels; to better understand how our Site and Services are used; to gauge traffic patterns and determine what types of content and services are most popular with users; to contact you with information about Funambol products, services, news and events.

1.5 Cookies and Log Files

We use information that we collect through cookies and log files to understand our users ' preferences and to improve the Site and the Services.

A cookie is a piece of data stored on the user 's computer tied to information about the user. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user 's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.If you choose to disable cookies, some areas of the Site and the Services may not work properly.

In our log files, we collect information such as internet protocol ("IP") addresses, browser type, internet service provider ("ISP"), referring/exit pages, platform type, date/time stamp, and number of clicks. Log file information may be linked to your Personal Data.

1.6 Feedback

If you send Funambol email or mail (to provide feedback or to ask a question regarding the Site or Services), Funambol will collect any information contained in such communication. Funambol may retain those communications in order to process your inquiries, respond to your requests, and improve the Services. Funambol will treat the Personal Data in such communication in accordance with this Privacy Statement.

1.7 Anonymous Information

Funambol may use any non-personally identifiable information that it collects or stores (including your feedback, but excluding your Account Data and your PIM Data) for any purpose it deems appropriate.

1.8 Children

Funambol does not intentionally gather Personal Data about visitors who are under the age of 16.

2. COMMUNICATIONS

2.1 Special Offers and Updates

We send new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. We present the option to not receive these types of communications.

2.2 Service Announcements

We may send you service related announcements, including, for instance, when a Service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account.

2.3 Tell-a-Friend

If you decide to send a "tell-a-friend" email to another person (when Funambol provides such a feature), we will collect that person 's email address in order to send the email.We will also collect your name, email address, and any personal message you decide to include in the email, for the purpose of sending the email with our systems.Unless we note that we may send reminder messages to that person, we will not send additional emails to that person.In addition, we provide the option to opt-out of such messages as provided in section 2.1 above.

3. DISCLOSURE

3.1 Limited Data Sharing with Third Parties

We may share your Personal Data with third parties in accordance with this Privacy Statement.

You have control over synchronization of your PIM Data, e-mail and picture(s) through your account. Our servers will synchronize your PIM Data, e-mail and picture(s) with other devices as instructed by you through your account. As noted in the Funambol Terms of Use, it is your responsibility to maintain the secrecy of your password; if another person obtains your password, that person may access and misuse your PIM Data, email and/or picture(s)

We may need to provide your Personal Data to third parties to deliver specific services to you (such as hosting services or support services). These third parties are required not to disclose your Personal Data and not to use your Personal Data other than to provide the services requested by Funambol.

Although Funambol currently does not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "affiliates"), it may in the future. We may share some or all of your Personal Data with these affiliates, in which case we will require our affiliates to honor this Privacy Statement. If our company or our assets are acquired by another company, that company will possess the Personal Data collected by Funambol and it will assume the rights and obligations regarding your Personal Data as described in this Privacy Statement.

We may share aggregated or non-personally identifiable information with our business partners but such information is not linked to your Personal Data and is not included in your PIM Data.

3.2 Legal Requirements

Funambol may disclose Personal Data - including but not limited to PIM Data, e-mail and picture(s) - if required by a subpoena or other judicial or administrative order, if required by law, or, at its sole discretion, if Funambol deems it necessary to protect the safety of any individual or the general public or to prevent violation of the Terms of Use Agreement or the rights of Funambol or any third party.

3.3 Security

Funambol uses industry standard security measures to protect against the loss, misuse and alteration of the information under our control. Although we make good faith efforts to protect the storage and transmission of your Personal Data, we cannot guarantee complete security. You should know that unauthorized persons may access your stored Personal Data (including your PIM Data, e-mail and picture(s)) or intercept transmissions of your Personal Data.

Please be aware that, whenever you voluntarily post information to message boards or any other public forums, such information can be accessed by anyone and, if such information includes your contact information, third parties may use it to send you unsolicited communications.

4. LINKS

The Site may contain links to third party sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of other sites.

5. UPDATING PERSONAL DATA

We realize that your Personal Data is subject to change. You may edit your Account Data at any time (provided that it remains accurate) and the the PIM Data, e-mail, and picture(s) that we store will change whenever you change it (either directly or via synchronization with another data source). If you wish to have Funambol delete your Account Data, you may terminate your account at any time. If you wish to delete your PIM Data, e-mail, and picture(s), you may do so at any time. However, any information deleted from our production servers may remain in our archives or backups.

6. CHANGES TO THE FUNAMBOL PRIVACY STATEMENT

If we change the Privacy Statement, we will post the new Privacy Statement on the Site with a link from the Site 's homepage, so that you are always aware of our data privacy practices. Any substantive changes to the Funambol Privacy Statement will be posted 30 days prior to taking effect (for any existing users).

7. CONTACTING FUNAMBOL

If you have questions about this Privacy Statement please contact Funambol by e-mail at info@funambol.com.

Last review March 2010.