Last revised October 21, 2008. This Privacy Policy is a part of the Pincushion Terms of Service.

Higher Function respects your privacy. We make no use of information about you except as outlined in this policy or explicitly authorized by you. We, and all businesses using the Pincushion Messaging Service, adhere to the Mobile Marketing Association's Consumer Best Practices Guidelines [PDF] (http://www.mmaglobal.com/consumerbestpractices.pdf).

When you access our websites at http://pincushion.mobi/, http://www.higherfunction.com/, http://hfp.me, and others (collectively "Site") or use the Pincushion Messaging Service ("Service") we receive certain information related to you and your usage. By accessing the Site or using the Service you expressly consent to our collection, storage, use, and disclosure (collectively "Use") of information as described in this Privacy Policy.

Pincushion enables you to communicate with third parties. Be aware that third party businesses with which you communicate via the Service adhere to their own Privacy Policies and are not bound by the Pincushion Privacy Policy. It is your responsibility to seek out and understand the Privacy Policies of any third parties with which you communicate.

"Personal Information" is information about you that is identifiably associated with you such as your name, mailing address, e-mail address, phone number, the content of messages you send through the System, and other private information that may be associated with the foregoing.

"Anonymous Information" is information that is not identifiably associated with you.

Information Collection

When you access our Site we collect and store the IP address from which you visit, the web pages that you access, and, if visiting from a search engine, the keywords you used in your last search.

When a Business registers you within our Service we collect and store Personal Information provided by to us by the Business.

When you communicate with a third-party business using our Service we collect and store the phone number, email address, or other identity from which you communicate, along with the content of your communication. Any or all collected information may be disclosed to the third-party business with which you are communicating.

When you Sign In to our Site with a username and password or phone number and PIN we collect and store information that connects your usage to Personal Information about you previously collected or to be collected in the future.

All information that we collect may be retained for up to 12 months in raw form. Certain aggregate information, both personally identifiable and anonymous, may be retained for longer.

Cookies

The Pincushion Site and Service utilize cookies in the following ways:

• To track usage patterns on our Site and generate aggregate, anonymous usage information
• To track authentication status for your visit, enabling access to protected applications and content

Children

Pincushion is not intended for use by children under the age of 13. By using the Service, accessing the Site, or providing any Personal Information you represent that you are 18 years old or older, or are 13 years old or older and have obtained permission from your parent or legal guardian.

Disclosure of Information

Higher Function does not sell, rent, trade, share, or otherwise disclose your Personal Information to third parties except in these ways:

• We disclose certain Personal Information to trusted partners under strict confidentiality agreements in order to provide certain aspects of the Site and Service to you.
• We disclose Personal Information as required to comply with legal orders from government agencies and courts of law, or to establish or exercise our legal rights or defend against legal claims.
• We may share certain Personal Information with trusted parties in order to investigate, prevent, mitigate, or take action against illegal activities, suspected fraud, violations of Higher Function's Terms of Service, potential threats to the physical safety of any person, or as required by law.
• We may disclose Personal Information to another company if Higher Function or any portion of its assets are acquired by, or merged with, said company.

We may send you certain communications pertaining to you, your use of the Service, or the third-party businesses with which you communicate, without providing you the ability to opt-out of receiving them. Such messages will never contain advertising or promotional information.

Accessing your Personal Information

To access, review, or change Personal Information collected and stored by the Site and/or Service you must contact the third-party business that provided the information to us.

You may request that we delete your Personal Information by emailing privacy@higherfunction.com. You must provide as much identifying information as possible in such requests, including:

• Any phone numbers, email addresses, or other identifiers used for communicating with the Service,
• The name of each third-party business with which you have communicated, and
• The approximate dates during which you utilized the Service.

We will make reasonable, commercially viable efforts to remove your Personal Information from our systems. We will remove your information from our active database, but certain information may be retained in archival backups or as required by law.

Opting Out

To stop receiving promotional offers from a particular third-party business via the Service, reply to the message with the keyword "STOP".

To stop all communication with a third-party business via the Service, reply to a message from the business with the keyword "STOP ALL".

To permanently block Higher Function and all third-party businesses from communicating with you via the Service, you may email privacy@higherfunction.com. You must provide a list of the phone numbers, email addresses, and other communication identities you wish to block. Please understand that to prove you control these identities we may send a single message to each identity and require that you respond to complete the block.

It is our policy that all businesses using the Service strictly adhere to the Mobile Marketing Association's best practices for mobile communications. Please report any unsolicited advertisements, abuse, inappropriate content, or other concerns to abuse@higherfunction.com.

Security

Higher Function utilizes accepted industry standard practices to maintain the security of your Personal Information, including encryption, firewalls, restricted physical and digital access, and other measures as deemed appropriate. Despite our best efforts, we cannot guarantee that unauthorized persons will never gain access to your Personal Information. We will communicate any discovered disclosure of your Personal Information to you as quickly as possible, but may be required to delay disclosure due to isolation, mitigation, reconstruction, forensic, or legal requirements.

Changes

Higher Function reserves the right to update or amend this policy at will. We will notify you of any materially significant changes to our Privacy Policy (deemed significant at our sole determination) by placing prominent notice on our Site and sending an appropriate message to your known communication identities.