Safe Harbor Privacy Policy

European Union Users

YOU EXPRESSLY CONSENT TO OPENWAVE'S PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY OPENWAVE IN THE COUNTRY WHERE IT WAS COLLECTED AND IN THE UNITED STATES. UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

IF YOU REPRESENT AN ORGANIZATION, YOU WILL ENSURE THAT EACH MEMBER OF YOUR ORGANIZATION (INCLUDING EMPLOYEES AND CONTRACTORS) ABOUT WHOM PERSONAL INFORMATION MAY BE PROVIDED TO OPENWAVE HAS GIVEN HIS OR HER EXPRESS CONSENT TO OPENWAVE'S PROCESSING OF SUCH PERSONAL INFORMATION.

This Policy describes how Openwave and its affiliated companies ("Openwave") collects, uses, and discloses certain personally identifiable information that it receives in the United States from the European Union and Switzerland ("EU and Swiss Personal Data"). In particular, Openwave recognizes that the European Union and Switzerland have established strict protections regarding the handling of EU and Swiss Personal Data, and Openwave therefore has elected to adhere to the US-EU Safe Harbor Privacy Principles and US-Switzerland Safe Harbor Privacy Principles (together, the "Safe Harbors") with respect to such EU and Swiss Personal Data that it receives in the United States. For further background and information about the Safe Harbors, and to see Openwave's representation on the Safe Harbor List, please refer to the U.S. Department of Commerce's website at www.export.gov/safeharbor.

Categories of Individual Data Subjects
In general, Openwave may obtain EU and Swiss Personal Data in the United States about several different types of individuals, including (i) website visitors, (ii) clients, suppliers, and business partners, Openwave's practices with respect to each of these types of individual data subjects are described below.

Website Visitors
Openwave generally collects, uses, and discloses information about website visitors located in the EU or Switzerland in accordance with the website Privacy Policy.

Clients, Suppliers, and Business Partners
Openwave may obtain various types of EU and Swiss Personal Data about employees and agents of our clients, suppliers, and business partners. Such data may include contact information (names, addresses, phone and fax numbers, and email addresses); and information collected through Internet-based activities, and other transaction-related data.

Openwave may use these types of EU and Swiss Personal Data for business purposes; to establish or maintain client and business relationships; to provide access to Internet-based activities; and to conduct other activities as necessary or appropriate in connection with the service and development of the business relationship.

Employees and agents of our clients, business partners, and suppliers may contact us if any of their EU and Swiss Personal Data changes, or if they would like to access and correct EU and Swiss Personal Data that we maintain about them. In any event, such persons can also contact us by sending an email to us at privacy@openwave.com, or by using the information at the end of this Privacy Policy. Also, to the extent that any of these individuals receive marketing communications from Openwave, and wish to unsubscribe or otherwise stop receiving such communications, they may contact us at privacy@openwave.com.

Clients
Openwave provides a wide variety of services and solutions to its business clients ("Clients") that facilitate services including collecting and analyzing information pertaining to individuals and end user customers/individuals ("Data Subjects" and “End Users”). In some instances, Openwave may obtain access to EU and Swiss Personal Data about such Data Subjects in the course of providing the services and solutions. In other specific instances, Openwave may also obtain access to data about our Clients' end users in the course of providing support services to the Clients ("End Users"). Such data may include, but is not limited to, mobile phone numbers, email addresses, Internet websites visited and other information, depending on the particular Client and software application at issue.

Wherever we obtain access to EU and Swiss Personal Data about Data Subjects or End Users, we are acting as a mere data processor on behalf of our Clients, and we therefore conduct such activities strictly in accordance with their instructions and pursuant to our contractual arrangements with them. If you are a an End User with an existing relationship with one of our Clients, you should refer to the Client's website to understand the privacy practices that apply to EU and Swiss Personal Data that we may maintain about you. Moreover, if you would like to access and review your EU and Swiss Personal Data, you should contact our Client with any such requests. We will cooperate, as appropriate, with requests from our Clients to assist with such responses.

Other Necessary Disclosures
Openwave may disclose EU and Swiss Personal Data to business partners and subcontractors as necessary in connection with the performance of requested services or solutions, or as otherwise appropriate in connection with a legitimate business need. Openwave may also disclose EU and Swiss Personal Data as necessary in connection with the sale or transfer of all or part of the business. In these situations, Openwave will require the recipient of the data to protect the data in accordance with the relevant principles in the Safe Harbors, or otherwise take steps to ensure that the EU and Swiss Personal Data are appropriately protected. Openwave may also disclose EU and Swiss Personal Data where required or permitted by law, or where Openwave believes that such disclosures are appropriate in connection with a law enforcement request.

Data Security and Integrity
Openwave has global hosting centers that may store and process EU and Swiss Personal Data in various locations. Openwave takes reasonable precautions to protect EU and Swiss Personal Data in these centers and in other locations in the United States from loss, misuse and unauthorized access, disclosure, alteration and destruction. Openwave also makes reasonable efforts to keep EU and Swiss Personal Data reliable for its intended use, accurate, current and complete.

Questions
If you have any questions about this Safe Harbor Privacy Policy, or if you would like to request access to EU and Swiss Personal Data that we may maintain about you, please contact us as follows:

Openwave Systems Inc.
2100 Seaport Blvd.
Redwood City, CA 94063

Openwave
Openwave has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@openwave.com. If you are not satisfied with our response you can contact TRUSTe here. This privacy policy covers data collected at www.openwave.com.

Openwave participates in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce regarding the collection, use, and retention of data from the European Union. As part of our participation in the safe harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework. If you have any complaints regarding our compliance with the Safe Harbor you should first contact us (as provided above). If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe by Internet at http://watchdog.truste.com/pvr.php?page=complaint&url=complaint, fax at 415-520-3420, or mail at Watchdog Complaints, TRUSTe, 55 2nd Street, 2nd Floor, San Francisco, CA, USA 94105. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company, the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, see http://watchdog.truste.com/pvr.php?page=complaint&url=complaint or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English.

Effective Date: September 2010