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      Privacy Policy

      LAST MODIFIED: January 6, 2009

      The policies below are applicable to this web site ("Clear365") maintained by Clearmedia, Inc. its affiliates and successors (collectively "Clearmedia" or "we", "us", or "our"). We have established this Clearmedia Security and Privacy Policy (“Privacy Policy”) to let you know the kinds of personal information we may gather during your visit to Clear365, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information.

      Please be advised that the practices described in this Privacy Policy apply only to information gathered through Clear365 and, where applicable, through Clearmedia’s customer service department in connection with Clear365.

      Your Acceptance of the Terms

      This Privacy Policy. By visiting Clear365, you accept the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, without modification, please do not use Clear365.

      Clearwire's Privacy Policy. This Privacy Policy incorporates by reference the Clearwire privacy policy located here. Read carefully this privacy policy. You agree to comply with it by using Clear365. To the extent of any conflict between the Clearwire privacy policy and this Privacy Policy, this Privacy Policy will control.

      Information We Collect

      User Communications. We offer a number of services that do not require you to register for an account or provide any personal information to us. To provide our full range of services, we may collect the following types of information. When you sign up for a Clear365 account or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). For certain services, such as when you purchase content on Clear365, we also request credit card or other payment account information which we maintain in encrypted form on reasonably secure servers. We may combine the information you submit under your account with information from other Clear365 services or third parties to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.

      Location-Based Information. If you use our WiMAX or other wireless services with a mobile wireless device, personal digital assistant, laptop, personal communications system, or other personal communications devices ("Personal Communications Devices"), our network will know the general location of such devices because a periodic signal is sent from the device to the nearest radio tower or cell site. Our network will also know when your Personal Communications Device is on as well as when and how you are using the device. Clearmedia collects this information to provide you with location-based services and applications such as providing local content based on the user's location and providing the location of your Personal Communications Device to emergency service providers when you dial 9-1-1. We do not retain location information longer than necessary to provide the service. Please review the terms and conditions for each service for additional information about how the location-based information may be used.

      Cookies. When you visit Clear365, we send one or more cookies, a small file containing a string of characters, to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some Clear365 features and services, however, may not function properly if cookies are disabled.

      Log Information. When you use Clear365, our servers automatically record information that your browser sends whenever you visit. Such information may include information such as your Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

      Web Beacons. Clear365 may contain tiny electronic images known as web beacons. We may use web beacons to assist us in delivering cookies on Clear365 and to allow us to count users who have visited those pages. We may include web beacons in promotional email messages to determine whether messages have been opened and acted upon.

      Affiliated Sites. We offer some of our services in connection with third-party web sites. Information collected on these other web sites is subject to the privacy policies of those sites. For example, when you use a Google service via this Site, you will be subject to the Google privacy policy applicable to that service. You can learn more about Google's privacy policies here.

      Other Sites. This Privacy Policy applies only to web sites and services that are owned and operated by Clearmedia. We do not exercise control over the sites that may be linked to from Clear365 including sites that may be linked to from widgets offered on Clear365. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. We recommend that you use common sense when you navigate the Internet, that you be aware of when you are leaving Clear365, and that you read the privacy policy for each web site you visit.

      Children's Online Privacy Protection Act

      Clear365 is not targeted for minors under 13 and Clear365 will not knowingly collect personal information from such minors. You should be aware, however, that wireless devices and services purchased for family use may be used by minors without our knowledge. In this situation, any information collected from the usage will appear to be the personal information of the actual adult subscriber and treated as such under this Privacy Policy.

      Use of Information Collected

      Clearmedia uses the information collected from Clear365 to perform the services for which such data was collected. For example, if you register as a subscriber, we use the information you provide to administer your account. If you sign up for an email notification about a new product or service, we will use the contact information you provided to send you the notification. We also use the information you provide us for internal marketing purposes and for administration of Clear365. We may also use the information that you provide us for:

      • Providing our products and services to users, including the display of customized content and advertising;
      • Auditing, research and analysis to maintain, protect and improve our services;
      • Ensuring the technical functioning of our network; and
      • Developing new services.

      Clearmedia processes personal information on our servers in the United States and in other countries. In some cases, we process personal information on a server outside of your country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.

      Location-based Information & Services

      Clearmedia provides wireless location-based services that use your wireless network location. When you use our WiMAX service (or other wireless service) for a session, the network knows the Personal Communication Device's general location. Such location-based data is regularly updated to reflect the current location where you are using a Personal Communications Device. We may use location-based information to better tailor advertisements and services to your interests and general geography. You should be mindful that your wireless network location is necessary to be able to provide these services, and that it is at your discretion to subscribe to location-based services.

      If you let others use location-based services to which you've subscribed as the account holder (or if you let others use your handset if such handset has location tracking capabilities), it is your responsibility to inform that user that his or her location may be tracked.

      When you dial 911 for emergency services, we may provide your network location to an emergency medical service provider or emergency dispatch provider, public safety answering point, or other emergency services provider. The law also permits us to disclose the location of a device on our network without a user's consent to managers or providers of information services solely for the purposes of assisting in the delivery of emergency services in response to an emergency, or to emergency service providers in order to respond to the user’s call for emergency services.

      Choices for Personal Information

      When you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different from the purpose for which it was collected, then we will ask for your consent prior to such use.

      If we propose to use personal information for any purposes other than those described in this Privacy Policy, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use your personal information for purposes other than those described in this Privacy Policy unless we have obtained your prior consent.

      You can decline to submit personal information to any of our services, in which case Clear365 may not be able to provide those services to you.

      Information Sharing

      We only share personal information with other companies or individuals outside of Clearmedia in the following limited circumstances:

      • We have your consent. We require opt-in consent for the sharing of any personally identifiable information.
      • We provide such information to our subsidiaries, successors, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
      • We have a good-faith belief that access, use, preservation or disclosure of such information is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Clearmedia, its users or the public as required or permitted by law.
      • If Clearmedia becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, Clearmedia will transfer information to the new entity, which will provide notice and an opportunity to opt out if personal information becomes subject to a materially different privacy policy.
      • We may share with third parties certain aggregated and anonymous data such as the number of users who searched for a particular term, for example, or how many users clicked on a particular advertisement. Such information does not identify you individually.

      Please contact us at the address below for any additional questions about the management or use of personal data. 12100 W Olympic Blvd, Ste 450, Los Angeles, CA 90064

      Customer Proprietary Network Information (CPNI)

      Customer Proprietary Network Information, or "CPNI", is a type of personal information that is generated from the telecommunications services we provide to you, CPNI includes the numbers you call, the date and time of calls, the rate plan that applies to your calls, the number of wireless lines you subscribe to, location-based information obtained from your Personal Communications Device and other information that appears on your bills. Your name, address, and wireless telephone number are not CPNI, nor is information about your use of our data services, but are otherwise covered by this Privacy Policy as personal information. Under federal law, you, as a customer, have a right, and we have a duty, to protect the confidentiality of CPNI. Consistent with this duty, we protect the confidentiality of CPNI, and only disclose it as required or to comply with applicable laws and regulations.

      Information Security

      We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

      We restrict access to personal information to Clearmedia employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

      Data Integrity

      Clearmedia processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data-collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

      Accessing and Updating Personal Information

      With regard to Clear365 services, we make good-faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our services have different procedures to access, correct or delete users' personal information.

      Notice to California Residents - Your California Privacy Rights: If you are a California resident, you have the right to receive: a) information identifying any third party company (ies) to whom Clearmedia may have disclosed, within the past year, personal information pertaining to you and your family for that company’s direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information, please email your request to legal@clear365.com.

      Information Retention and Disposal

      We retain personal information for as long as we have a business need for it or as applicable laws or regulations or government orders require us to retain it. When we dispose of personal information, we use reasonable procedures to erase or render personal information unreadable after disposal.

      Enforcement

      Clearmedia regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Clearmedia's treatment of personal information by contacting us at 12100 W Olympic Blvd, Ste 450, Los Angeles, CA 90064. When we receive formal written complaints at this address, it is Clearmedia's policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Clearmedia and an individual.

      Changes to this Policy

      Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date.

      If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us any time at legal@clear365.com.

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