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- 24. Consent to Collection, Use, Processing, Transfer, Storage and Disclosure (collectively, “Process” or
- “Processing”) of Information.
- Personal information that is Processed by RIM Group of Companies and its service providers will be treated in
- accordance with RIM’s Privacy Policy (which is hereby incorporated by reference into this Agreement and can be
- viewed at www.blackberry.com/legal or obtained by emailing legalinfo@rim.com).
- (a) Personal Information. Your installation and/or use of Your BlackBerry Solution (or any portion
- thereof), the RIM Services or associated Airtime Services may result in the Processing of personal
- information as defined under applicable law about You and Your Authorised Users (collectively,
- “Users”) by RIM Group of Companies and its service providers, Your Airtime Service Providers, and
- third parties with products or services used with Your BlackBerry Solution. Depending on the services
- used, personal information may include information such as name, email address, telephone number,
- BlackBerry ID, account credentials and settings, Handheld Product information (for example,
- Handheld Product PIN or other device identifiers), Handheld Product location information (as
- described below), Airtime Service Provider information, and information about the use of Your
- BlackBerry Solution functionality and the RIM Services or software and hardware utilized in
- conjunction with Your BlackBerry Solution). You consent that the RIM Group of Companies may
- collect such personal information from You directly, or obtain it from Airtime Service Providers or
- third parties with products or services used with Your BlackBerry Solution.
- (b) Purposes. Consistent with RIM’s Privacy Policy, personal information may be Processed by RIM
- Group of Companies and their service providers for purposes related to (i) understanding and meeting
- Your needs and preferences and to provide You with Your BlackBerry Solution; (ii) developing new
- and enhancing existing products and services, including to communicate with You about them; (iii)
- managing and developing the RIM Group of Companies’ business and operations; and (iv) meeting
- legal and regulatory requirements. Furthermore, RIM may make available to or send to Users upgrades or updates, or notices of upgrades or updates, of the Software, or other RIM products and
- services, Third Party Software, Third Party Content or Third Party Services and related products or
- services.
- (c) "Cloud-based" Services. If You register with or use “cloud based” messaging or services, or use
- remote access, storage or back-up functionality provided by RIM Group of Companies or their service
- providers, information You enter, provide to, or integrate with such services (for example, display
- names and pictures, status messages, contact list or groups information, calendar, or other on-device
- information like tasks and media files) may be Processed by RIM Group of Companies to facilitate the
- services offered in accordance with Your agreement(s) with RIM, and You represent and warrant that
- You have all necessary consents to provide such data to RIM. If BlackBerry RIME Store and the My
- World or any similar service is used, then the RIM Group of Companies may Process information
- about which Software, RIM Services, Third Party Items and/or Third Party Services are downloaded
- and used upon Your Handheld Product.
- (d) Social Functionality. Certain RIM Services or features of Software may include “social” functionality
- that allows You to make Yourself discoverable and connect with other individuals, and to improve or
- enhance Your experience with RIM Services or Software, or Third Party Software or Third Party
- Services that are integrated with the social functionality made available by RIM. If You use such
- functionality, You agree that Your availability to interact or connect with others may be indicated to
- others, and your profile, display names, display pictures, status messages, membership status, and other
- identifiers or information may be viewed and commented on by such individuals. For example, if You
- use a RIM Service or Third Party Service that is integrated with RIM’s "BlackBerry Messenger Social
- Platform", You agree that: (i) Your BlackBerry Messenger contacts may see whether You are using
- such RIM Service or Third Party Service, (ii) Your BlackBerry Messenger contacts may see Your
- profile and the software and Content (such as games, music or other media files, depending on the
- RIM Service or Third Party Software) that You have downloaded, are consuming, or that is available
- for sharing as part of Your use of the RIM Service or Third Party Service, as well as comments You or
- others make about them, (iii) that when You submit comments about Your contacts or the software or
- Content they have downloaded or are consuming as part of their use of the RIM Service or Third Party
- Service , information about You (such as Your comments, user profile name, and display picture) may
- be displayed to other contacts of that individual, and (iv) the RIM Service or Third Party Service may
- include automated functionality that performs analysis to develop recommendations based on Your
- preferences and utilization of the RIM Service or Software. Please check the applicable settings
- options for the applicable RIM Services or Software for available options adjust availability or privacy
- settings for such RIM Services or Software.
- (e) Integration with Third Party Services. If You choose to integrate or link Your BlackBerry Solution
- with Third Party Services (for example, third party email services, or services which facilitate your use
- of Your Handheld Product(s) to access and use social networking or other services offered by third
- parties), You authorize RIM to use Your credentials to access the Third Party Services on Your behalf
- and Process Your personal information relating to such Third Party Services in order to facilitate Your
- access to such Third Party Services for Your personal and/or domestic purposes. The information
- Processed may include: (i) Your user ID, password, authentification tokens or other credentials for
- each such third party email service or other account(s) You integrate with Your BlackBerry Solution;
- (ii) Your Software account profile information (for example, BlackBerry ID, Your display picture,
- display name, personal message, availability status, country, time zone, unique device identifiers, etc.);
- (iii) on-device contacts information,(iv) an indication of which third party applications or services You
- have connected to Your Software account; and (v) session data resulting from Your use of the third
- party applications or services You have connected to Your Software account (for example, high scores
- You have achieved in a connected third party game or application for display in Your Software account profile box, instant messaging data resulting from instant messaging chats You have
- undertaken within a connected third party application or service and which have been facilitated by the
- Software instant messaging functionality, etc.). You also authorize RIM to disclose such information
- to the applicable Third Party Service providers for activation, billing, provision, maintenance and
- deactivation purposes. If You use Third Party Services and Third Party Software on or in connection
- with Your BlackBerry Handheld Product, third parties may be able to read, access, export and
- otherwise Process data (including personal information) stored on Your BlackBerry Handheld Product.
- Such third party services that are accessed are not under RIM’s control. If Your personal information is
- disclosed to Your Airtime Service Provider, or third parties with products or services used with Your
- BlackBerry Solution, Your use is subject to applicable agreement(s) and privacy policies of such third
- parties, and You should review such terms before using Third Party Services and Third Party Software.
- You should review the options or help menu of Your Handheld Product in order to learn more about,
- and where applicable, adjust permissions granted and available controls upon such Third Party
- Services and Third Party Software.
- (f) Cookies and Similar Technologies. RIM Group of Companies may use "cookies" (small pieces of data
- stored on your computer or Handheld Device) or similar tools using anonymized information to enable
- You to sign in to certain services to protect both You and RIM, help make RIM Services easier to use
- or tailor Your experience, or for analytics to help us understand how users engage with our RIM
- Services and the BlackBerry Solution and to improve their features. Please check the settings in Your
- Handheld Product browser regarding how to remove or block browser cookies.
- (g) Support and Quality Assurance. If You contact RIM for support or repair of Your Handheld Product,
- or send diagnostics or other technical information to RIM through email or logging tools provided by
- RIM for such purposes, You agree that RIM Group of Companies may collect technical information
- like Handheld Product PIN number, hardware ID and model number, memory status, operating system
- and environment information, battery status, Wi-Fi, radio or wireless strength and connections, list of
- installed applications, program or application usage information, data regarding processes running and
- device configuration, system events, and other information regarding the condition of your BlackBerry
- product that may be helpful for the diagnostics purposes. Such information will be used for the
- purposes of troubleshooting, customer support, software updates, and improvement of RIM products
- and services in accordance with RIM’s Privacy Policy. If analysis indicates that a third-party product
- is involved, RIM may send certain diagnostic or technical information to the third party vendor of the
- product as part of the troubleshooting process. You acknowledge and agree that calls with RIM and its
- service providers may be recorded for training, quality assurance, customer service and reference
- purposes.
- (h) Location Data. RIM Group of Companies may provide certain features or services that rely upon
- location information using GPS or similar satellite services (where available) or crowd-sourced Wi-Fi
- access points and cell tower locations. For example, where available certain features of the Software or
- BlackBerry Solution may allow You to share Your location with your contact(s), or to locate, send a
- message to, play a sound on, or remotely lock or wipe Your Handheld Product (subject to Airtime
- Service Provider coverage, the condition of Your Handheld Product, and system resources at the time
- of the request). Other BlackBerry Solution features or products may also collect anonymized route
- and directional information (e.g. BlackBerry Traffic) or location search queries to facilitate or improve
- RIM Services that You utilize. To provide such features or services, Handheld Product location
- information (including GPS information, carrier ID, tower ID, Basic Service Set Identifier ("BSSID")
- of Wi-Fi access points, and signal strength of visible Wi-Fi access points or cell towers) may be
- communicated to RIM Group of Companies when You use Your Handheld Product or enable data
- services and location-based functionality. RIM Group of Companies do not retain such information in
- a form that personally identifies a user, and may use such information to provide You with and improve location-based services provided by or on behalf of RIM Group of Companies or those
- provided by Third Party Services used with Your BlackBerry Solution. RIM Group of Companies
- may also use such information to create data which has been aggregated or made anonymous to
- provide information based and location-sensitive advertising. Please review the options or help menu
- of BlackBerry Handheld Software regarding how to choose to turn off or adjust on-device location
- features, or to uninstall from Your Handheld Product applications that may use location information.
- When using Third Party Services that use or provide location data, You are subject to and should
- review such third party's terms and privacy policy on use of location data by such Third Party Services,
- and You should give due consideration before agreeing to have Your location information disclosed to
- other persons.
- (i) International Transfers. You consent and agree that to provide the BlackBerry Solution and the RIM
- Services (including “cloud based” and remote access, storage or back-up functionality), RIM Group of
- Companies may Process data, which may in some cases include personal information and the content
- of communications, on servers operated by or on behalf of RIM Group of Companies inside or outside
- the jurisdiction in which Users are situated, including, in Canada, the United States, the United
- Kingdom, Singapore or other countries where there are facilities operated by or on behalf of RIM
- Group of Companies. If Users are residents of the European Economic Area or any jurisdiction for
- which consent is required to transfer personal information outside of that jurisdiction or region, You
- consent to such Processing and warrant that You have obtained all consents necessary under applicable
- law from Your Users to do so.
- 25. User Data. In addition to any disclosures authorized by Section 24, You and Your Authorised Users
- consent and agree that the RIM Group of Companies may access, preserve, and disclose Your or Your Authorised
- Users' data, including personal information, contents of your communication or information about the use of Your
- BlackBerry Solution functionality and the services or software and hardware utilized in conjunction with Your
- BlackBerry Solution where available to RIM ("User Data"), to third parties, including foreign or domestic
- government entities, without providing notice to You or Your Authorized Users under the laws of countries where
- the RIM Group of Companies and its service providers, other partners and affiliates are located in order to: (i)
- comply with legal process or enforceable governmental request, or as otherwise required by law; (ii) cooperate with
- third parties in investigating acts in violation of this Agreement; or (iii) cooperate with system administrators at
- Internet service providers, networks or computing facilities in order to enforce this Agreement. You warrant that
- You have obtained all consents necessary under applicable law from Your Authorised Users to disclose User Data to
- the RIM Group of Companies and for the RIM Group of Companies to collect, use, process, transmit, and/or
- disclose such User Data as described above.
- 25. User Data. In addition to any disclosures authorized by Section 24, You and Your Authorised Users
- consent and agree that the RIM Group of Companies may access, preserve, and disclose Your or Your Authorised
- Users' data, including personal information, contents of your communication or information about the use of Your
- BlackBerry Solution functionality and the services or software and hardware utilized in conjunction with Your
- BlackBerry Solution where available to RIM ("User Data"), to third parties, including foreign or domestic
- government entities, without providing notice to You or Your Authorized Users under the laws of countries where
- the RIM Group of Companies and its service providers, other partners and affiliates are located in order to: (i)
- comply with legal process or enforceable governmental request, or as otherwise required by law; (ii) cooperate with
- third parties in investigating acts in violation of this Agreement; or (iii) cooperate with system administrators at
- Internet service providers, networks or computing facilities in order to enforce this Agreement. You warrant that
- You have obtained all consents necessary under applicable law from Your Authorised Users to disclose User Data to
- the RIM Group of Companies and for the RIM Group of Companies to collect, use, process, transmit, and/or
- disclose such User Data as described above.
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