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iTrackMobile® Usage Policy

  • We will not collect, use or disclose a member’s personal information without their consent, express or implied, except as required or permitted by law.
  • Members can remove their entire membership information completely from our database, should they desire to discontinue any and all association with iTrackMobile. Note that any paid-for subscription information will also be permanently deleted from the system. There is no 'Undo' feature.

Security
The security of our members’ information is a top priority for iTrackMobile and we endeavor to maintain appropriate safeguards to assure its continued safety. Although we cannot take responsibility for any theft, misuse or unauthorized disclosure, loss, alteration or destruction of data by a third party, we take reasonable precautions to prevent such occurrences.

Website
Any member transactions requiring a password are encrypted. Any donations are securely processed by PayPal using a Digital Certificate. No members' payment information, such as credit card numbers, addresses, amounts, etc. are stored in the iTrackMobile system. The iTrackMobile registration database and application components are securely stored on an in-house company-owned and managed array of servers, undergoing regularly scheduled back-up and maintenance procedures.

iTrackMobile Data Collection
iTrackMobile’s central data repository is a secure database that interfaces with the website. All private member information is voluntarily entered by our members. In addition, we do collect the email address from website visitors who search for a Mac/iPad/iPhone/iPod Serial Number or iTrackMobile ID.

Website Traffic Data
iTrackMobile collects information to improve the overall quality of our website. Each time a person visits this site, iTrackMobile records the visitor’s domain name, IP address, referral data and browser/platform type (e.g. a Netscape browser on a Macintosh platform). iTrackMobile also counts, tracks and aggregates information about the visitor’s activity into our analysis of general traffic flows at the iTrackMobile website (e.g. tracking where traffic comes from and how it flows within the site). iTrackMobile may merge this information into group data, which may then be shared on an aggregate basis with potential advertisers, research firms and business partners. However, iTrackMobile will not disclose your individual identity or personal data. If and when iTrackMobile does present aggregated information to potential advertisers, research firms and business partners, none of these agents will be able to identify you or contact you.

Email
No email addresses employed in correspondence with iTrackMobile will be used or collected for the purposes of reselling to a third party, nor will they be added to a bulk e-mailing list.

Cookies
This website uses “cookies,” a technology that installs a small, unique identifier text file on a website user’s computer to permit the website to recognize future visits using that computer. The sole purpose of the cookie is to identify your membership id when you visit the site so you don't have to manually enter it into the system. You can configure your browser to reject all cookies or notify you when a cookie is set. Although you may choose to decline cookies, doing so will hardly affect your use of the website by having to provide your membership id manually each time it is needed by the system.

iTrackMobile Members
We keep any information provided by members in our database for a period of 365 days, or until such time as it may be removed or renewed at the initiation of our members. Members will receive an email shortly before the expiration date to remind them to renew the listing. Any registry entries that have expired will be automatically removed from the system.

Accuracy
It is our members’ responsibility to check their personal accounts in order to verify, update or correct any information about their Mac/iPad/iPhone/iPod device, as is appropriate, as well as any relevant personal information. iTrackMobile stores only such information as has been volunteered by our members during the registration process.
 

Removing Information
Should any member desire to discontinue any and all association with the iTrackMobile Registry, the member can remove all of his or her information directly from our system by using the feature contained in the website. The iTrackMobile Registry will permanently remove all data for a member that terminates his or her membership.

Legal Disclosure
iTrackMobile may disclose your personal information as required or permitted by law. We may disclose information in the following circumstances to the following bodies:

  • A government institution or other person or entity that has asserted its lawful authority to obtain the information. iTrackMobile will make every effort to ensure that only information specifically itemized in the request is provided;
  • A court, person or entity producing a subpoena or court order requiring iTrackMobile to provide the information. iTrackMobile will make every effort to ensure that only information specifically itemized in the request is provided;
  • An appropriate legal agent, where iTrackMobile has reasonable grounds to believe the information could be useful in the investigation of unlawful activity; and/or
  • iTrackMobile’s legal counsel.

Third-Party Service Providers
iTrackMobile will not share your personal information with any service providers, with the following exception:

A iTrack Member has the option to allow the iTrackMobile system to electronically transfer the following information to LeadsOnline (a service provider maintaining the largest on-line investigation system for use by US Law Enforcement) for each device that the Member declares as lost or stolen:

  • Device Serial Number
  • Device Type and Model
  • iTrack ID
  • Your Phone Number (if available)
  • Your Contact Email Address
  • Date/Time you declared the device as lost or stolen
  • If a Reward is offered
  • Any details or comments the Member entered for the lost device

When a Member selects this option, the iTrackMobile system will record the fact that the Member accepted the terms of this policy.

iTrackMobile® Cloud Tracking History
The iTrack Member has the option to configure several tracking options for each registered device with the purpose to collect information aiding in the recovery of a lost or stolen Apple device having an iTrack app installed prior to occurrence of device loss. Generally, device tracking information is tranferred to the iTrackMobile Cloud whenever the tracking app is active and a sampling interval occurred.

If the device has a Internet connection, the tracking information will be transferred to the iTrackMobile Cloud immediately.
If the device is off-line, then the information is stored on the device until the next time an Internet connection is detected.

The amount of tracking history stored for each device depends on the amount of Tracking Storage Bundles subscribed for by the iTrack Member.
One storage bundle may contain up to five tracking events. A maximum of ten Tracking Storage Bundles can by subscribed for each device.
In the event where a tracking event occurs reaching the limit of the subscribed Tracking Storage Bundles, the oldest tracking event will be permanently deleted from the system to make room for the newest one.
Note: Once data is deleted from the system, it cannot be recovered.

The iTrack Member has the option to download device tracking data from the system for off-line use at any time.

Depending on the iTrack Members' configuration options, typical information captured by the tracking app and transferred from the device to the iTrackMobile Cloud includes:

  • The Mac User ID at time of tracking event
  • Device Serial Number
  • LAN IP Address
  • WAN IP Address
  • Geographical Location Information (if provided by device)
  • Localized device Date/Time
Depending on the device and type of tracking app, additional media data can be transferred:
  • Screen Shots
  • Cam Shots
  • Sound Recordings from device microphone
  • Keyboard strokes
For Safari, Google Chrome, and Firefox browsers:
  • A history of website visits
All tracking data is securely stored for each registered device under the iTrack Member Account profile.

When a Member selects data transfer to the iTrackMobile Cloud, the system will record the fact that the Member accepted the terms of this policy and only then enable the feature for use.

Finders
iTrackMobile facilitates the return of lost Mac/iPad/iPhone/iPod devices without disclosing personal information concerning either the finder or the owner to the opposite party involved. All recoveries are enabled through our system and we highly recommend that both parties should remain anonymous to one another, if possible.
Finder information is kept in the system for six months, after which the Finder has the option to either remove the device from the registry or relist it.
A Finder can de-list (remove) a device at any time, given proper authentication credentials.

General Disclaimer And Limitation Of Liability
The site, the services, the tracking apps, the information and materials herein are provided on an “as is, where is, as available” basis. In no event will iTrackMobile be liable for indirect, general, special, economic, consequential, exemplary or punitive damages resulting from the use of the iTrackMobile website or tracking apps, whether in tort, contract or any other cause of action, including without limitation, for loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, or any other damages whatsoever, whether or not iTrackMobile has been advised of the possibility of such damages. iTrackMobile’s liability in all such cases shall be limited to the extent permitted by law.

Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless iTrackMobile, its affiliates and related companies, from and against all claims, liability, expenses, including all legal fees and costs, arising out of: (i) your breach of any provisions of these terms and conditions; or (ii) your use of the iTrackMobile site, the content contained herein, and the placement or transmission of any information or other materials on the site made by you or others using your membership. Furthermore, you agree to promptly notify iTrackMobile immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. iTrackMobile reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defense of any claim.

Recourse
If you are dissatisfied with the iTrackMobile site, tracking apps, or with these terms and conditions, your sole and exclusive remedy is to discontinue using the iTrackMobile site and/or tracking apps. In such an event, you agree to destroy all materials obtained by you on the iTrackMobile site and all copies thereof. These terms and conditions shall survive any such termination.

Conduct Of Registered iTrackMobile Members
In the event that a user registers with iTrackMobile, or is otherwise granted password protected access to the iTrackMobile website, that user agrees to act reasonably and expressly agrees to the following:

  • Your password protected access to the iTrackMobile website is for use for permitted purposes only. You agree to restrict your use to lawful purposes and to follow all iTrackMobile policies and notices. Under no circumstances will you allow or provide access to the iTrackMobile website to any unauthorized person;
  • You will not do anything that infringes on the intellectual property rights of iTrackMobile or any other party;
  • You will not divulge your user name, password or another account information to anyone who does not agree to these terms and conditions of use, or who will not be using your account on your behalf and with your knowledge and consent at all times. You agree that, in the event that iTrackMobile discovers that you are doing or have done so, your account and access to the website may be terminated;
  • You agree, warrant and represent that all personal information that you provide to iTrackMobile pursuant to providing you with access to the iTrackMobile website is and will be true, complete and accurate;
  • You will not do anything, or omit to do anything, which would create unmanageable data flows or loads on hardware, or that would in any manner constitute a threat to the security or proper operation of this website, the servers on which it is hosted, and the business of iTrackMobile; and,
  • You agree that iTrackMobile, in its absolute discretion, will be the sole judge of whether you have breached any provision of these terms of use and that any privileges granted to you as an individual under these terms may be revoked, suspended or terminated by iTrackMobile at any time without notice in its sole discretion.

Governing Law And Jurisdiction
The iTrackMobile website is controlled by Omni Consulting, LLC from its office within the State of Texas, United States of America. This site can be accessed from all the States within the U.S., as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Texas, by accessing this site, you agree that all matters relating to access to, or use of, the site shall be governed exclusively by the laws of the State of Texas and the laws of the Unites States of America applicable to the State of Texas, without regard to the conflicts of laws principles thereof. You expressly and voluntarily submit to and attorn to the jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent Omni Consulting, LLC from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for break of these terms and conditions. Use of the iTrackMobile website in any jurisdiction not giving effect to all provisions of these terms and conditions is unauthorized.


Privacy And Security
iTrackMobile strives to protect the privacy and security of any information you provide over the Internet to iTrackMobile. However, because of the nature of the Internet, iTrackMobile cannot guarantee that this information will not be improperly accessed or used by third parties. As well, iTrackMobile makes no representations or warranties that the iTrackMobile website, or access to and use of the iTrackMobile site, will be uninterrupted, error free, or free from defects, viruses or other harmful components. Therefore, you are submitting the information over the Internet to iTrackMobile at your own risk.

General
These terms and conditions of use constitute the entire agreement and supersede all prior or contemporaneous communications and proposals, of whatever medium, between you and iTrackMobile with respect to your use of the iTrackMobile website. The failure or delay of iTrackMobile in exercising any right or remedy under these terms and conditions or elsewhere shall not constitute a waiver of such right or remedy. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

Severability
If any part of these terms and conditions is determined to be indefinite, invalid, illegal or otherwise voidable or unenforceable pursuant to applicable law, including but not limited to the limitation of liability set out herein, that portion shall be construed in a manner consistent with applicable law to reflect as nearly as possible the original intentions of the parties. The balance of the terms and conditions outlined in these terms and conditions of use will continue in full force and effect.

CONCLUSION

By using the iTrackMobile site and related tracking apps, you are indicating that you agree with the terms and conditions. If you do not agree with iTrackMobile’s terms and conditions of use, please do not use this site. Except where otherwise stated on the site, the use of the designation “iTrackMobile” on this site will be deemed to include Omni Consulting, LLC and its affiliates, subsidiaries, successors and assigns.

iTrackMobile reserves the right, at its discretion, to change, modify, add or remove portions of these terms and conditions at any time. These modifications will be effective immediately upon posting on the iTrackMobile site. Please check these terms and conditions periodically for changes. Your continued use of the iTrackMobile site indicates that you accept the modified terms and conditions.


© 2011 - 2014 Omni Consulting, LLC.
iTrackMobile® is a registered trademark of Omni Consulting, LLC.
Apple, the Apple logo, Mac, iPod, iPhone, iPad, and iTunes are trademarks of Apple Inc, registered in the U.S. and other countries.
All rights reserved. Website Date/Times are U.S. Central.

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