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<!DOCTYPE html>
<html>
<!--
The mobile_privacy.html file is symlinked to ios_privacy.html on the server.
It is basically same as the html/privacy.html file but the links are slightly different.
-->
<head>
<title>MEGA - Privacy Policy</title>
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<body>
<div class="main-mid-pad new-bottom-pages ltr">
<h1>Mega Limited Privacy Policy</h1>
<p>
<span class="number">1</span>
<span class="text">Words used in the Mega Limited <a href="mobile_terms.html">Terms of Service</a> ("Terms") have the same meaning in this Policy. Where there is any inconsistency between this Policy and those Terms, the Terms prevail.</span>
</p>
<hr />
<h1>Your information we collect</h1>
<h2>Personal information</h2>
<p>
<span class="number">2</span>
<span class="text">We keep the following personal information:</span>
</p>
<p class="list">
<span class="number">2.1</span>
<span class="text">When a user signs up for particular services on our website they may need to give us the details required in our registration form and will need to keep that information up to date, including any payment account details (e.g. online payment provider account information);</span>
</p>
<p class="list">
<span class="number">2.2</span>
<span class="text">IP address and other information automatically provided via a browser when a person visits our website;</span>
</p>
<p class="list">
<span class="number">2.3</span>
<span class="text">Data generated when a user uses our services, including the following:</span>
</p>
<p class="sub-list">
<span class="number">2.3.1</span>
<span class="text">The activity log with respect to the user's account (e.g. showing the time and date when a file has been uploaded or shared or a folder created);</span>
</p>
<p class="sub-list">
<span class="number">2.3.2</span>
<span class="text">Any files uploaded (which will be encrypted and the contents unable to be accessed by Mega or anyone else unless the user provides the decryption key, which the user may do may using Mega's system to generate a link to the file with the decryption key included in that link);</span>
</p>
<p class="sub-list">
<span class="number">2.3.3</span>
<span class="text">Metadata about each file, such as its size and the type of file (e.g. whether it is an image file);</span>
</p>
<p class="sub-list">
<span class="number">2.3.4</span>
<span class="text">The email address of anyone that the file has specifically been offered to be shared with using Mega's system. Note that files can be shared privately by invitation to specified email addresses or shared publicly;</span>
</p>
<p class="sub-list">
<span class="number">2.3.5</span>
<span class="text">IP addresses of the computer from which a file has been uploaded and of any other devices that have accessed the file;</span>
</p>
<p class="sub-list">
<span class="number">2.3.6</span>
<span class="text">Account and payment information including a record of all transactions on a user's account; and</span>
</p>
<p class="sub-list">
<span class="number">2.3.7</span>
<span class="text">Direct communications between a particular user and Mega.</span>
</p>
<p>
<span class="number">3</span>
<span class="text">Access to data is by way of nominated email address and password and it is a user's responsibility to keep these safe and secure as Mega stores the email address but does not store the password.</span>
</p>
<hr />
<h2>Cookies</h2>
<p>
<span class="number">4</span>
<span class="text">We may also collect information about visits to our website to measure the number of visitors to different parts of the website, to assess user access patterns and otherwise to operate the website. We may use cookies or other similar technology for these purposes. By using our website or our services, each user specifically agrees to our use of cookies and such other technology to collect non-personal information.</span>
</p>
<p>
<span class="number">5</span>
<span class="text">Users can usually remove or block cookies (such as by using the settings in your browser), but it may affect their ability to use the website.</span>
</p>
<p>
<span class="number">6</span>
<span class="text">We may keep non-personal information about visits to the website or information which is obtained via cookies or other similar technology. In doing so, we may:</span>
</p>
<p class="list">
<span class="number">6.1</span>
<span class="text">join that information with other users' information and give it to advertisers in a way which doesn't personally identify any particular user;</span>
</p>
<p class="list">
<span class="number">6.2</span>
<span class="text">analyse and use this information for marketing or statistical purposes as well as to improve the way we do business with our users;</span>
</p>
<p class="list">
<span class="number">6.3</span>
<span class="text">ourselves serve advertisements or use third-party advertising companies to serve advertisements on the website and on third party sites, as well as to assist us in analysing our marketing and other business efforts. We and these advertisers may use cookies or other similar technology to collect personal information about your visits to the website and other sites in order to provide targeted advertisements to you.</span>
</p>
<hr />
<h2>Why we collect and store your personal information</h2>
<p>
<span class="number">7</span>
<span class="text">We will collect and keep personal information about users and other visitors to our website to provide services and support to them related to the website and our services, to sell services to them and also for dealing with other user activities, market and product research and to be able to give users promotional material on our other services and special offers.</span>
</p>
<hr />
<h2>How long we keep your information</h2>
<p>
<span class="number">8</span>
<span class="text">We keep a user's data and personal information while they are subscribed to our services but subject to our suspension and termination rights set out in our <a href="mobile_terms.html">Terms</a>.</span>
</p>
<p>
<span class="number">9</span>
<span class="text">We may, but shall not be obliged to, keep data and information after a user's account has been suspended or terminated. In particular, we may but shall not be obliged to, keep data and information where we consider it necessary for evidential purposes relating to a breach of our Terms or with respect to current or anticipated action by any competent enforcement authority or other third party. With respect to release of such data and information to competent enforcement authorities and third parties, see our <a href="https://mega.nz/takedown">Takedown Guidance Policy</a>.</span>
</p>
<hr />
<h2>Disclosure</h2>
<p>
<span class="number">10</span>
<span class="text">A user's data is encrypted by the user before upload to our system and therefore we do not and cannot access that content unless we are provided with the decryption key. A user may give access to others by providing them with a link and decryption key and shall be responsible for their compliance with this Policy.</span>
</p>
<p>
<span class="number">11</span>
<span class="text">If we think it is necessary or we have to by law in any jurisdiction then we are entitled to give a user's information to competent authorities. We reserve the right to assist any law enforcement agency with investigations, including disclosure of information to them or their agents. We also reserve the right to comply with any legal processes, including but not limited to subpoenas, search warrants and court orders initiated by enforcement authorities or other third parties. We may disclose a user's information to enforce or apply our Terms or any other agreement we have with that user; or to protect the rights, property, or safety of us or our other users, third parties or the operation of our services and the website. For more detail on disclosure to competent enforcement authorities and other third parties, see our <a href="https://mega.nz/takedown">Takedown Guidance Policy</a>.</span>
</p>
<p>
<span class="number">12</span>
<span class="text">The contract a user has for our services is with Mega Limited but those services (including payment and personal data processing) may be provided by Mega Limited's related or affiliated entities and by authorised resellers, in other jurisdictions, subject to applicable laws. Each user authorises Mega Limited and each of those related or affiliated entities and resellers to share and store that user's personal information among themselves, as necessary to provide the services, subject to applicable laws.</span>
</p>
<p>
<span class="number">13</span>
<span class="text">Other than as set out above, we will not sell or otherwise provide users' personal information to a third party, or make any other use of personal information for any purpose which is not specifically allowed under this Policy or our Terms or is not incidental to the normal use of our services.</span>
</p>
<p>
<span class="number">14</span>
<span class="text">We strongly urge users to use best practices for ensuring the safety of their systems and devices (e.g. via security upgrades, firewall protection, anti-virus software, securing devices). Mega will never send an email asking for a user's password or suggesting that a user click a link to login to his or her account, so do not be fooled by any such email since it will not be from us. We cannot guarantee the security of computers or devices nor of transmission from and to a user's computer over the Internet and thus cannot guarantee there will be no unauthorised access. Also, if a user loses or otherwise allows access to their encryption keys, the user will lose the security of their data. In addition if a user misplaces or forgets their encryption keys we have no ability to recover them and all access to data will be lost.</span>
</p>
<hr />
<h2>Communications</h2>
<p>
<span class="number">15</span>
<span class="text">We may send bills, service updates and various other notices by email to the email address listed in a user's account details or using any internal messaging system we may provide as part of our service.</span>
</p>
<p>
<span class="number">16</span>
<span class="text">If appropriate, some of those notices will contain unsubscribe information so a user can opt out of further receipt. We will abide by any e-mail unsubscription request (other than those we need to send for billing, security or other service provider purposes).</span>
</p>
<hr />
<h2>Access to information</h2>
<p>
<span class="number">17</span>
<span class="text">Users can request access to all personal information we hold about them and request correction if it is considered incorrect, in accordance with the New Zealand Privacy Act 1993. To request any information we may be holding or a correction, please contact our Privacy Officer by emailing <a href="mailto:[email protected]">[email protected]</a>. Any access request may be subject to a reasonable fee as permitted by law to meet our costs in providing information.</span>
</p>
<hr />
<h2>Law</h2>
<p>
<span class="number">18</span>
<span class="text">This Privacy Policy and its interpretation and operation are governed solely by New Zealand law. We and each user submit to the exclusive jurisdiction of the New Zealand arbitral tribunals as further described in our Terms and users agree not to raise any jurisdictional issue if we need to enforce an arbitral award or judgment in New Zealand or another country.</span>
</p>
<hr />
<h2>Contact</h2>
<p>
<span class="number">19</span>
<span class="text">Questions and comments regarding this Policy are welcomed and should be addressed to the Privacy Officer at <a href="mailto:[email protected]">[email protected]</a>.</span>
</p>
<hr />
<h2>Changes to our Policy</h2>
<p>
<span class="number">20</span>
<span class="text">We may make changes to this Policy in the future. Any changes will be posted on website.</span>
</p>
<hr />
<p>
Last updated 20 January 2016, effective 20 February 2016.
</p>
</div>
</body>
</html>