Lalo v. Apple, Inc et al

Filing 143

Declaration of James F. McCabe in Support of 142 MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss Plaintiffs' First Consolidated Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(6) and 12(b)(7) MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss Plaintiffs' First Consolidated Class Action Complaint Pursuant to Rules 12(b)(1), 12(b)(6) and 12(b)(7) filed byApple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 142 ) (McCabe, James) (Filed on 6/20/2011)

EXHIBIT G

Apple - Apple Customer Privacy Policy

Page 1 of 4

Mac
iPod
iPhone
iPad
iTunes
Support

Your privacy is important to Apple. So we’ve developed a Privacy Policy
that covers how we collect, use, disclose, transfer, and store your
information. Please take a moment to familiarize yourself with our
privacy practices and let us know if you have any questions.

Apple Inc. has been awarded TRUSTe’ s
Privacy Seal signifying that this Privacy
Policy and practices have been
reviewed by TRUSTe for compliance

Collection and Use of Personal Information

with TRUSTe’s program requirements

Personal information is data that can be used to uniquely identify or contact a single person.

and choice regarding the collection

including transparency, accountability,
and use of your personal information.

You may be asked to provide your personal information anytime you are in contact with Apple or

The TRUSTe program does not cover

an Apple affiliated company. Apple and its affiliates may share this personal information with each

information that may be collected

other and use it consistent wi h this Privacy Policy. They may also combine it with other

hrough downloadable software. If you

information to provide and improve our products, services, content, and advertising.

have questions or complaints
regarding our Privacy Policy or

Here are some examples of the types of personal information Apple may collect and how we may

practices, please contact us. If you are

use it.

not satisfied with our response, you
can contact TRUSTe.

What personal information we collect
When you create an Apple ID, register your products, apply for commercial credit, purchase a
product, download a software update, register for a class at an Apple Retail Store, or participate
in an online survey, we may collect a variety of information, including your name, mailing
address, phone number, email address, contact preferences, and credit card informa ion.

Privacy Questions
Questions or concerns about Apple’ s

When you share your content with family and friends using Apple products, send gift cer ificates
and products, or invite o hers to join you on Apple forums, Apple may collect the information

Privacy Policy or data processing?
Contact us

you provide about those people such as name, mailing address, email address, and phone
number.
In the U.S., we may ask for your Social Security number (SSN) but only in limited circumstances
such as when setting up a wireless account and activating your iPhone or when determining
whether to extend commercial credit.
How we use your personal information
The personal information we collect allows us to keep you posted on Apple’s latest product
announcements, software updates, and upcoming events. It also helps us to improve our
services, content, and advertising. If you don’t want to be on our mailing list, you can opt out
anytime by updating your preferences.
We also use personal information to help us develop, deliver, and improve our products,
services, content, and advertising.
From time to time, we may use your personal information to send important no ices, such as
communications about purchases and changes to our terms, conditions, and policies. Because
this information is important to your interaction with Apple, you may not opt out of receiving
these communica ions.
We may also use personal information for internal purposes such as auditing, data analysis, and
research to improve Apple’ s products, services, and customer communications.
If you enter into a sweepstake, contest, or similar promo ion we may use he information you
provide to administer those programs.

Collection and Use of Non- Personal Information
We also collect non- personal information - data in a form that does not permit direct association
with any specific individual. We may collect, use, transfer, and disclose non- personal informa ion
for any purpose. The following are some examples of non- personal information that we collect and

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how we may use it:
We may collect information such as occupa ion, language, zip code, area code, unique device
identifier, location, and the time zone where an Apple product is used so that we can better
understand customer behavior and improve our products, services, and advertising.
We also may collect information regarding customer activities on our website, MobileMe service,
and iTunes Store and from our o her products and services. This information is aggregated and
used to help us provide more useful information to our customers and to understand which
parts of our website, products, and services are of most interest. Aggregated data is considered
non- personal information for the purposes of this Privacy Policy.
If we do combine non- personal information wi h personal informa ion the combined information
will be treated as personal information for as long as it remains combined.

Cookies and Other Technologies
Apple’s website, online services, interactive applications, email messages, and advertisements may
use “cookies” and other technologies such as pixel tags and web beacons. These technologies help
us better understand user behavior, tell us which parts of our website people have visited, and
facilitate and measure the effectiveness of advertisements and web searches. We treat information
collected by cookies and other technologies as non- personal information. However, to the extent
that Internet Protocol (IP) addresses or similar identifiers are considered personal information by
local law, we also treat these identifiers as personal information. Similarly, to the extent that nonpersonal information is combined with personal information, we treat the combined information as
personal information for he purposes of this Privacy Policy.
Apple and its partners use cookies and other technologies in mobile advertising services to control
the number of imes you see a given ad, deliver ads that relate to your interests, and measure the
effectiveness of ad campaigns. If you do not want to receive ads with this level of relevance on your
mobile device, you can opt out by accessing he following link on your device:
http://oo.apple.com. If you opt out, you will continue to receive the same number of mobile ads,
but they may be less relevant because they will not be based on your interests. You may still see
ads related to the content on a web page or in an application or based on other non- personal
information. This opt- out applies only to Apple advertising services and does not affect interestbased advertising from other adver ising networks.
Apple and our partners also use cookies and other technologies to remember personal information
when you use our website, online services, and applications. Our goal in these cases is to make
your experience with Apple more convenient and personal. For example, knowing your first name
lets us welcome you the next time you visit the Apple Online Store. Knowing your country and
language - and if you are an educator, your school - helps us provide a customized and more
useful shopping experience. Knowing someone using your computer or device has shopped for a
certain product or used a particular service helps us make our advertising and email
communications more relevant to your interests. And knowing your contact information, product
serial numbers, and information about your computer or device helps us register your products,
personalize your opera ing system, set up your MobileMe service, and provide you with better
customer service.
If you want to disable cookies and you’re using the Safari web browser, go to Safari preferences
and then to the Security pane to disable cookies. On your Apple mobile device, go to Settings, then
Safari, and then to the Cookies section. For other browsers, check with your provider to find out
how to disable cookies. Please note that certain features of the Apple website will not be available
once cookies are disabled.
As is true of most websites, we gather some information automatically and store it in log files. This
informa ion includes Internet Protocol (IP) addresses, browser type and language, Internet service
provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.
We use this informa ion to understand and analyze trends, to administer the site, to learn about
user behavior on the site, and to gather demographic information about our user base as a whole.
Apple may use his information in our marketing and advertising services.
In some of our email messages, we use a “click- through URL” linked to content on the Apple
website. When customers click one of these URLs, they pass through a separate web server before
arriving at the destina ion page on our website. We track his click- through data to help us
determine interest in particular topics and measure he effec iveness of our customer
communications. If you prefer not to be tracked in his way, you should not click text or graphic

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links in the email messages.
Pixel tags enable us to send email messages in a format customers can read, and they tell us
whe her mail has been opened. We may use this information to reduce or eliminate messages sent
to customers.

Disclosure to Third Parties
At times Apple may make certain personal information available to strategic partners that work
with Apple to provide products and services, or that help Apple market to customers. For example,
when you purchase and activate your iPhone, you authorize Apple and its carrier to exchange the
information you provide during the activation process to carry out service. If you are approved for
service, your account will be governed by Apple and its carrier’s respective privacy policies.
Personal informa ion will only be shared by Apple to provide or improve our products, services and
advertising; it will not be shared with third parties for their marketing purposes.
Service Providers
Apple shares personal informa ion wi h companies who provide services such as information
processing, extending credit, fulfilling customer orders, delivering products to you, managing and
enhancing customer data, providing customer service, assessing your interest in our products and
services, and conducting customer research or satisfaction surveys. These companies are obligated
to protect your information and may be located wherever Apple operates.
Others
It may be necessary - by law, legal process, litigation, and/or requests from public and
governmental au horities within or outside your country of residence - for Apple to disclose your
personal information. We may also disclose information about you if we determine hat for
purposes of national security, law enforcement, or other issues of public importance, disclosure is
necessary or appropriate.
We may also disclose informa ion about you if we determine that disclosure is reasonably
necessary to enforce our terms and conditions or protect our operations or users. Additionally, in
the event of a reorganization, merger, or sale we may transfer any and all personal information we
collect to the relevant third party.

Protection of Personal Information
Apple takes precautions — including administrative, technical, and physical measures — to
safeguard your personal information against loss, theft, and misuse, as well as against
unauthorized access, disclosure, alteration, and destruction.
Apple online services such as the Apple Online Store and iTunes Store use Secure Sockets Layer
(SSL) encryption on all web pages where personal information is collected. To make purchases from
these services, you must use an SSL- enabled browser such as Safari, Firefox, or Internet Explorer.
Doing so protects the confidentiality of your personal information while it’s transmitted over the
Internet.
When you use some Apple products, services, or applications or post on an Apple forum, chat
room, or social networking service, the personal information you share is visible to other users and
can be read, collected, or used by them. You are responsible for the personal informa ion you
choose to submit in these instances. For example, if you list your name and email address in a
forum posting, that information is public. Please take care when using these features.

Integrity and Retention of Personal Information
Apple makes it easy for you to keep your personal information accurate, complete, and up to date.
We will retain your personal information for the period necessary to fulfill he purposes outlined in
this Privacy Policy unless a longer retention period is required or permitted by law.

Access to Personal Information
You can help ensure that your contact information and preferences are accurate, complete, and up
to date by logging in to your account at https://appleid.apple.com/. For other personal
information, we make good faith efforts to provide you with access so you can request that we
correct the data if it is inaccurate or delete the data if Apple is not required to retain it by law or for
legitimate business purposes. We may decline to process requests that are unreasonably repetitive,
require disproportionate technical effort, jeopardize the privacy of others, are extremely
impractical, or for which access is not otherwise required by local law. Access, correction, or

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deletion requests can be made through the regional Privacy Contact Form.

Children
We do not knowingly collect personal information from children under 13. If we learn that we have
collected the personal information of a child under 13 we will take steps to delete the information
as soon as possible.

Location- Based Services
To provide location- based services on Apple products, Apple and our partners and licensees may
collect, use, and share precise location data, including the real- time geographic location of your
Apple computer or device. This location data is collected anonymously in a form that does not
personally identify you and is used by Apple and our partners and licensees to provide and
improve location- based products and services. For example, we may share geographic location
with application providers when you opt in to their location services.
Some location- based services offered by Apple, such as he MobileMe “Find My iPhone” feature,
require your personal information for the feature to work.

Third- Party Sites and Services
Apple websites, products, applications, and services may contain links to third- party websites,
products, and services. Our products and services may also use or offer products or services from
third parties - for example, a third- party iPhone app. Information collected by hird parties, which
may include such things as location data or contact details, is governed by their privacy practices.
We encourage you to learn about the privacy practices of those third parties.

International Users
Information you provide may be transferred or accessed by entities around the world as described
in this Privacy Policy. Apple abides by the “safe harbor” framework set for h by the U.S. Department
of Commerce regarding the collection, use, and reten ion of personal information collected by
organizations in the European Economic Area and Switzerland. Learn more about the U.S.
Department of Commerce Safe Harbor Program.
Please note that personal information regarding individuals who reside in a member state of he
European Economic Area (EEA) is jointly controlled by Apple Sales International in Cork, Ireland,
and Apple UK Limited in Uxbridge, United Kingdom. Personal information collected in the EEA
when using iTunes is controlled by iTunes SARL in Luxembourg.

Our Companywide Commitment to Your Privacy
To make sure your personal information is secure, we communicate our privacy and security
guidelines to Apple employees and strictly enforce privacy safeguards within the company.

Privacy Questions
If you have any questions or concerns about Apple’s Privacy Policy or data processing, please
contact us.
Apple may update its Privacy Policy from time to time. When we change the policy in a material
way, a notice will be posted on our website along wi h the updated Privacy Policy.
Apple Inc. 1 Infinite Loop, Cupertino, California, USA, 95014
Last updated: June 21, 2010

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6/15/2011