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Gabriel Privacy Policy

Last updated April 30th, 2015

Thank you for your interest in the Gabriel application (the “App”) provided to you by VirnetX, Inc. (“VirnetX”, “Company”, “we” or “us”), which enables you to securely communicate with other people using VirnetX’s patented encryption technology. (The App and any related services provided by VirnetX through its website are collectively referred to herein as the “Service”.) In order to provide the Service, we need certain personal data about you and the people you wish to communicate with. This Privacy Policy informs you in more detail what information we gather from you, and how we use and disclose that information. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in the Service’s End User License Agreement (the “EULA“) available through the App, into which this Privacy Policy is incorporated by reference. This Privacy Policy applies to information that you provide to us through the Service. If you do not want information about you to be used in the manner described in this Privacy Policy, please do not use the Service.

The Information VirnetX Collects:

  • User-provided Information: When you register for a user account for the Service, or otherwise use the Service or any part thereof, you may provide to VirnetX what is generally called “personally identifiable” information (such as your name, email address, home/mobile telephone number, location information, and an image icon). VirnetX collects such information at registration or at a later time if you provide or make such information available to VirnetX or other users of the Service. VirnetX also collects the Unique Device Identifier (“UDID”), MAC address, or other computer device information that uniquely identifies individual computers, smart phones, tablets, or mobile devices (collectively, “Device ID”), if any, in order to be able to associate your user account to your computer or device. We also collect personally identifiable information when you request support or otherwise contact us regarding the Service.
  • “Cookies” Information: When you download or use the App on your computer or mobile device, whether or not you register for an account, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device or browser. VirnetX may use both session cookies and persistent cookies. A session cookie disappears after you close the App. A persistent cookie remains after you close the App and may be used by the App on subsequent uses of the App or the Service. Persistent cookies can be removed. Please review the appropriate “Help” file(s) available on your computer or mobile device to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from VirnetX, you may not be able to utilize all the features of the Service to their fullest potential.
  • Information from Your Device: With your consent, the App will access your list of contacts on your mobile device for the purpose of allowing you to invite selected contacts to use the Service. Additionally, with your consent, the App will request access to the camera, microphone, and photos on your device. This information is used in order to provide the Service to you (e.g., to permit you to engage in video / VoIP connections with other users and to send photos or other files to other users).
  • Location Information: Some of the features of the Service may enable VirnetX to access information about your location in order to personalize your experience with the Service, for compliance purposes, and for additional uses that may from time to time be made available on the Service, such as sharing location with friends (“Location-based Services”). In order to use certain Location-based Services on your mobile device, you must enable certain features of your mobile device, such as GPS, Wi-Fi, and Bluetooth, which enable VirnetX to identify your location through a variety of means. You will be given the option to automatically enable the provision of some Location-based Services through the App, and to enable or disable such Location-based Services at any time through the App’s Settings menu. If you choose to disable any Location-based Services on your mobile device and/or opt out of any Location-based Services through the App’s Settings menu, you will not be able to utilize certain features of the Service.
  • “Automatically Collected” Information: When you use the Service, we may automatically log or record certain information from the App by using different types of technology, including standard log files, “clear gifs” or “web beacons”. This “automatically collected” information may include your device model and/or type, Device ID, current geographical location, and the dates, times, and locations of your use of the Service or any part thereof, content you accessed through the Service, and similar types of information.
  • Information from Other Sources: We may also obtain information, including personally identifiable information, from third parties (including other users of the Service who wish to communicate with you through the Service) and sources other than the Service. If we combine or associate information from other sources with personally identifiable information that we collect from you or through the Service, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

The Way VirnetX Uses Information:  

VirnetX uses the information it collects from or obtains about you for a variety of purposes in connection with the operation of its business, including the following.

  • VirnetX uses the information that you provide or that it collects in order to provide you and other users with the Service, including without limitation to allow you to find your friends on the Service and to invite friends to the Service, and to facilitate communications and other interactions (e.g., file sharing and syncing) between you and other users of the Service. Generally, you have the ability to not receive communications by updating your account preferences through the App.
  • VirnetX will use your email address and/or Device ID to contact you via email and/or messages sent to your computer or mobile device by using different types of technology (such as SMS or MMS messaging), for any reason, including without limitation for administrative and customer services purposes, and promotions and offers by VirnetX.
  • VirnetX uses the information that you provide or that it collects in order to establish and enhance its relationship with you. VirnetX generally uses the information you provide or that it collects to develop, operate, maintain, enhance, and provide all of the features and services found on or through the Service. VirnetX may use your personally identifiable information to provide you with information about the App’s, the Service’s, and VirnetX’s features, services and other offerings that may be of interest to you. Generally, you have the ability to opt-out of receiving any such communications, either through links or methods described in such communications, or by updating your account preferences through the App.
  • VirnetX may use the information that you provide or that it collects, including location information, to understand and analyze the usage trends and preferences of you and other users of the Service, to improve the way the Service works and looks, and to create and provide new features and functionality.
  • VirnetX may use “automatically collected” information, “cookies” information, and location information, alone or in combination with other information it has collected from you, to: (a) personalize the Service, such as remembering your information so that you will not have to re-enter it during your current or subsequent uses of the Service; (b) provide customized third party advertisements, content, and information; and (c) monitor aggregate site usage metrics such as total number of users and the content most viewed by users.

When VirnetX Discloses Information:

We are not in the business of selling your information. We do, however, disclose your personally identifiable information in a variety of circumstances in connection with developing and maintaining the Service and operating our business. For example:

  • VirnetX shares some of personally identifiable information with other users of the Service with whom you wish to communicate. Some of your personally identifiable information is also visible to other users of the Service generally, but you can control through the App’s settings menu what information you wish to make publicly available to other users, and what level of interaction you would like to have with other users (e.g., messaging, voice / video communication, file sharing, and/or file syncing).
  • VirnetX works with third party service providers (such as hosting services providers) in the U.S. and other jurisdictions. We may share your information with such third parties to help us provide the services, including all of the things described in the section titled “The Way VirnetX Uses Information,” above. These disclosures are generally made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.
  • VirnetX may share automatically collected and other aggregate non-personally-identifiable information with third parties for various purposes, such as assisting third parties in understanding the usage patterns for the services and functionality provided on or through the Service.
  • VirnetX may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary or useful to comply with state and federal laws, to respond to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.
  • VirnetX works to promote a safe and reliable service for all of its users. VirnetX reserves the right to disclose your information that it believes, in good faith, is appropriate or necessary to take precautions against liability; to protect VirnetX and others from fraudulent, abusive, predatory, or unlawful uses or activity; to investigate and defend itself against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect or vindicate the rights, property, or personal safety of VirnetX, its users, or others.

In the Event of Merger or Sale: In the event that all or a portion of VirnetX or its assets are acquired by or merged with a third party entity, VirnetX reserves the right to disclose, transfer, and assign the information that you have provided or it has collected in connection with such merger, acquisition, sale, or other change of control.

Your Choices: You may, of course, decline to share certain of your personally identifiable information with VirnetX, in which case VirnetX may not be able to provide to you some or all of the features and functionality found on the Service. You may also update, correct, or delete your account or profile information and account preferences at any time by accessing your account preferences page through the Service or by contacting VirnetX. Please note that while your changes are reflected promptly in active user databases, VirnetX may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

Do Not Track: At this time, the Service does not specifically respond to Do Not Track signals.

Third Party Services: The Service may contain links to websites and services provided by third parties. Any personally identifiable information you provide on third party sites, mobile applications, or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security. VirnetX is not responsible for the content or privacy and security practices and policies of such third party websites, applications, or services. You are strongly encouraged to learn about such third parties’ privacy and security policies before providing them with personally identifiable information.

Data Security: VirnetX employs certain physical, managerial, and technical safeguards designed to help protect the integrity and security of its systems. Please note that this is not a guarantee that any information stored in such systems may not be accessed, disclosed, altered, or destroyed by breach of any of such physical, technical, or managerial safeguards. VirnetX cannot ensure or guarantee the security of any information stored or transmitted by VirnetX on or through the Service or otherwise. If VirnetX learns of a security systems breach, then it may attempt to notify you electronically so that you can take appropriate protective steps. VirnetX may provide a notice through the App if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, please notify VirnetX at info@virnetx.com.

International Visitors: The Service is intended for users located within the United States. If you nonetheless choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing and by providing your personally identifiable information on the Service you consent to that transfer, storage, and processing. Further, VirnetX may transfer this data from the United States to other jurisdictions in connection with storage and processing of data, fulfilling your requests, and operating the Service.

Changes and Updates to this Privacy Policy: VirnetX reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Privacy Policy at any time by making such modified Privacy Policy available to you through the App. The Privacy Policy will be identified as of the most recent date of revision and will be effective in accordance with the “MODIFICATIONS” provision in the EULA. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the information we collect from you. Notwithstanding the above, without your affirmative consent we will only use your personally identifiable information in accordance with the terms of the Privacy Policy in effect at the time the information was collected.

VirnetX Contact Information: Please contact VirnetX with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by email: info@virnetx.com.