What we think about privacy

Simply put, we like privacy.

And we don't like the idea of other services tracking us - so we built Echoecho to be as private as possible. We don't store any historical location information for you - and we don't track you - ever. You can't see your friends' location unless you give up your own - and vice versa.

If you don't want someone to see where you are - they won't. If you DO want someone to see where you are - one click and you're done. You give away only as much information as is needed to find your friends. It's as easy as answering a phone call. Oh...did we mention we don't track you. Yeah - we don't track you.

For the legal blurb about this - which we're obligated to provide - keep reading...

APPLICATION PRIVACY STATEMENT

This privacy statement ("Privacy Statement") applies to the treatment of personally identifiable information submitted by, or otherwise obtained from, you in connection with the associated application ("Application"). The Application is provided by Echoecho Media, Inc. (and may be provided by Echoecho on behalf of a Echoecho licensor or partner ("Application Partner"). By using or otherwise accessing the Application, you acknowledge that you accept the practices and policies outlined in this Privacy Statement.

WHAT PERSONAL INFORMATION DOES Echoecho COLLECT?

We collect the following types of information from our users:

Personal Information You Provide to Us:

We may receive and store any information you submit to the Application (or otherwise authorize us to obtain). The types of personal information collected may include your location, your name and your phone number - and any other information necessary for us to provide the Application services.

Personal Information Collected Automatically:

We receive and store certain types of usage related information whenever you interact with Application. For example, Echoecho may automatically receive and record information regarding your mobile handset model, your IP address, your Echoecho Application version number, operating system version number, country and frequency of usage of Application. Such information may be shared in aggregate (non-personally identifiable) form with our partners.

In order to show you which friends in your address book are currently using Echoecho - Echoecho will from time to time make a momentary connection to the company servers with a full list of numbers from your address book. This collection of numbers is not stored or collected in any way whatsoever - but is only used to improve the user experience of the Application.

HOW DOES Echoecho USE THE INFORMATION IT COLLECTS?

Echoecho uses the information described in this Privacy Statement (i) internally, to analyze, develop and improve its products and services, and (ii) as set forth below in the Will Echoecho Share Any of the Personal Information it Collects section below.

NOTE: Echoecho does NOT COLLECT LOCATION INFORMATION ON A CONTINUOUS BASIS. Our servers only receive your location information at the moment you consent to sharing it with your friends through the application. The only exception to this is the "Favorite" functionality of the application (where you consent to allow automatic replies to your closest friends). In most instances automatic replies are handled by the Echoecho clients as per user preferences. However due to the limitations of background processing on the iOS and WP7 platforms - in certain instances the server may be tasked with automatically responding on your behalf. In these rare cases - the server will need to be periodically informed of updates to your location. These cases notwithstanding - your location data can only be accessed by friends from your address book and only in instances where you have explicitly consented to this access.

WILL Echoecho SHARE ANY OF THE PERSONAL INFORMATION IT COLLECTS?

Personal information about our users is an integral part of our business. We neither rent nor sell your personal information to anyone (with the exception of sharing your information with an applicable Application Partner - see the "Application Partner Treatment" section above). We share your personal information only as described below.

Your Friends. You acknowledge the Application is intended to allow you to share certain information (e.g. location information) with friends selected by you through the Application. By disclosing information to such friends through the Application, you consent to such disclosure by Echoecho (also see With Your Consent section below).

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Echoecho's agents do not have any right to use personal information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of personal information for the above purposes.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Echoecho, or substantially all of its assets were acquired, or in the unlikely event that Echoecho goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Echoecho may continue to use your personal information as set forth in this policy.

Protection of Echoecho and Others: We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Echoecho, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information.

CONDITIONS OF USE

If you decide to use or otherwise access the Application, your use/access and any possible dispute over privacy is subject to this Privacy Statement and our Terms of Use, including limitations on damages, arbitration of disputes, and application of California state law.

THIRD PARTY APPLICATIONS/APPLICATIONS

The Application may permit you to link to other applications or Applications. Such third party applications/Applications are not under Echoecho's control, and such links do not constitute an endorsement by Echoecho of those other applications/Applications or the services offered through them. The privacy and security practices of such third party application/Applications linked to the Application are not covered by this Privacy Statement, and Echoecho is not responsible for the privacy or security practices or the content of such Applications.

CAN CHILDREN USE THE APPLICATION?

Our site and the services available through Echoecho are not intended for children under the age of 13. Echoecho does not knowingly or specifically collect information about children under the age of 13 and believes that children of any age should get their parents' consent before giving out any personal information. We encourage you to participate in your child's web experience.

CHANGES TO THIS PRIVACY STATEMENT

Echoecho may amend this Privacy Statement from time to time. Use of information we collect now is subject to the Privacy Statement in effect at the time such information is used. If we make changes in the way we use personal information, we will notify you by within the Application and we will post noticed on our blog at LINK. Users are bound by any changes to the Privacy Statement when he or she uses or otherwise accesses the Application after such changes have been first posted.

QUESTIONS OR CONCERNS

If you have any questions or concerns regarding privacy on our Application, please send us a detailed message at help@Echoecho.me - We will make every effort to resolve your concerns.

Effective Date: August 16th, 2011
Echoecho media inc.
2629 Manhattan Avenue, PMB 192
Hermosa Beach, CA 90254

Application Terms of Use

The following terms and conditions (the "Agreement") govern all use of the Echoecho application ("Application"). The Application is provided by Echoecho Media, Inc. ("Echoecho"). The Application is subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

Echoecho reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes.

This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.

AGE RESTRICTION

User hereby certifies to Echoecho that if User is an individual (i.e., not a corporation) User is at least 16 years of age. User also certifies that it is legally permitted to use the Application.

LICENSE

Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable license to access the Application solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose.

RESTRICTIONS

User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, Echoecho shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.

User shall not (i) submit false information to the Application, (ii) use the Application to libel, defame, threaten, harass, or otherwise harm and third party, or (iii) use the Application for any purpose that is unlawful or prohibited by this Agreement.

In the event User submits any information to the Application, User represents and warrants that User the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party).

MEMBER DISPUTES

User is solely responsible for your interactions with other Application users. Echoecho reserves the right, but has no obligation, to monitor disputes between User and other Application users. If User has a dispute with one or more users of the Application, User shall and hereby does release Echoecho (and its officers, directors, agents, subsidiaries, partners, licensors, vendors, suppliers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code ยง1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

REGISTRATION and SECURITY

As a condition to using certain products and services of the Application, User may be required to register with Echoecho and select a password and User name ("User ID"). User shall provide Echoecho with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Echoecho User ID a name of another person with the intent to impersonate that person; or (ii) use as a Echoecho User ID a name subject to any rights of a person other than User without appropriate authorization. Echoecho reserves the right to refuse registration of, or cancel a Echoecho User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Echoecho password and other account information.

INDEMNIFICATION

User is responsible for all of its activity in connection with the Application. User shall defend, indemnify, and hold harmless Echoecho, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) access to or use of any of the Applications, or (ii) violation of this Agreement.

FEES

Some features of the Application may require payment of fees. User shall pay all applicable fees, as described on the Application in connection with such for-fee services purchased by User. Echoecho reserves the right to change its price lists and to institute new charges at any time, upon ten (10) days prior notice to User, which may be sent by email or posted/sent on or through the Application. SMS related features may cause you to incur wireless carrier charges.

WARRANTY DISCLAIMER

THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ECHOECHO MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE APPLICATION WILL MEET USER'S REQUIREMENTS. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ECHOECHO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $250.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

TERMINATION

Echoecho may terminate User's access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

PRIVACY

Please see the privacy statement associated with the Application.

GEO-LOCATION

In the event you use the Application to provide you with location based services, YOUR USE OF SUCH SERVICES IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

ELECTRONIC COMMUNICATIONS

When User visits the Applications or send e-mails to Echoecho, User is communicating with Echoecho electronically. User hereby consents to receive communications from us electronically. Echoecho will communicate with User by e-mail or by posting/sending notices on or through the Application. User agrees that all agreements, notices, disclosures and other communications that Echoecho provides to User electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

Except for use content, all content included on the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Echoecho or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Application is the exclusive property of Echoecho and protected by U.S. and international copyright laws.

MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Echoecho shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Echoecho' reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Echoecho' prior written consent. Echoecho may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Echoecho in any respect whatsoever.