iAnywhere is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users' trust and confidence in the Internet by promoting fair information use practices. To demonstrate our support of this movement, we are posting our information practices for you and have agreed to have them reviewed for compliance by TRUSTe. The TRUSTe Privacy Program does not cover information that may be collected through software downloaded from the site. Questions you might have that are answered in this Privacy Statement include:

1. What personally identifiable information of yours is collected through the Service ?
2. The organization collecting the information ?
3. How the information is used ?
4. With whom the information may be shared ?
5. What choices are available to you regarding collection, use and distribution of the information ?
6. The kind of security procedures that are in place to protect the loss, misuse or alteration of information under iAnywhere's control ?
7. How you can correct any inaccuracies in the information ?

If you feel we are not abiding by our posted Privacy Statement, you should first contact iAnywhere by sending an email to: privacy@ianywhere.com. If your inquiry is not satisfactorily addressed, you should then contact TRUSTe at www.truste.org/watchdog.html. TRUSTe will then serve as a liaison to resolve your concerns.

Personally Identifiable Information

Personally identifiable information can only be collected when you provide it. iAnywhere collects personally identifiable information about you during the registration process for the Service. Currently, the personally identifiable information collected during the Service registration process is limited to name and e-mail address. After registering, you may also choose to provide personally identifiable information in the course of using the Service. For example, you may provide your name and address for a purchase; or your e-mail address in response to a promotion on the Service. You are required to provide the personally identifiable information requested during the registration process in order to subscribe to the Service. You may also be required to provide personally identifiable information to receive other products or services. However, you always have the option to refuse to provide the requested personally identifiable information, but this will prevent you from being able to register for the Service and may prevent you from obtaining other desired products or services.

iAnywhere will not sell, rent, or make your personally identifiable information available to a third party without your consent. You agree that iAnywhere may disclose personally identifiable information as described below:

• When you provide your consent (e.g., through this Privacy Statement);
• As necessary to maintain/operate the Service, or to provide you with a product or service you've requested (subject to agreements of confidentiality and restrictions on use by the other company);
• As needed to enforce the web site Terms of Use or the AvantGo Terms of Service, or otherwise protect the rights/interests of iAnywhere, AvantGo users, or any third party;
• When we have a good faith belief that the law or any legal process requires disclosure; or
• If a company acquires all or substantially all of iAnywhere's assets or in a merger or acquisition, but only if such company agrees to abide by this Privacy Statement;

In order to make your use of the Service more enjoyable, iAnywhere will use personally identifiable information internally to customize the information we display or send to you; to provide you with the information, service, or goods you have requested; to e-mail you or otherwise tell you about new products or promotions offered by iAnywhere or its strategic partners that we feel may interest you (you may opt-out of receiving e-mails during registration for the Service or after registering as described below); and to contact you with important news about the Service or your AvantGo account (sorry, no opt-out).

Non-personally Identifiable Information

iAnywhere also collects non-personally identifiable information, such as general interest category preferences, marital status, gender, age, education, job title, household income, type of residence, zip code, and country of residence, during the Service registration process and throughout your use of AvantGo. You are required to provide the requested demographic information in order to register for the Service. This type of information, while it may provide a general profile of a user, does not allow iAnywhere to identify you personally (e.g., by knowing your zip code or that you live in the U.S., we cannot contact or identify you personally). iAnywhere uses this information to get a general idea of who is using the Service, how they are using it, and to support marketing initiatives that keep the base AvantGo service free. iAnywhere and its partners, analyze non-personally identifiable information to determine which content partner channels or other aspects of the Service are popular and which are not, to tailor our users' visit to the AvantGo website and use of the Service, and to introduce users to new AvantGo channels that may interest them. iAnywhere also uses this information to generate statistical reports we share with strategic partners, advertisers, and content providers, including channel operators, but again, this information is made up of anonymous statistical data.

Collection of Non-personally Identifiable Information (IP Addresses/Cookies/Web Bugs)

iAnywhere may track your domain name, which typically identifies your Internet Service Provider, or IP address, a number recorded by our servers that is used to identify your computer, to help gather and track non-personally identifiable information. We use IP addresses to analyze trends, administer the AvantGo website, track users' movement, and gather broad demographic information about your use of the Service. Neither IP addresses or domain names are linked to personally identifiable information.

iAnywhere and its content partners may also utilize "cookie" technology in connection with the Service. A cookie is a small amount of data sent to your browser and stored on your computer's hard drive, your handheld device, or on the Service for record keeping purposes. Cookies are used, among other things, to automatically remind us who you are when you return to the AvantGo website and to generally help improve the functionality of the AvantGo website and the Service. A cookie also allows us to store and access your account preferences and to customize your web space. For example, we use cookies for marketing purposes to make sure that the content and advertising sent to you is specific to your interests and demographics. If you do not wish to have cookies placed on your personal computer, you can disable cookies through your Internet browser. However, disabling cookies will prevent you from fully experiencing the Service and accessing most, if not all, of the AvantGo website.

In addition to cookies, we may use the infamous "web bug", otherwise known as a 1-by-1 GIF, or clear GIF. What is a "web bug" ? Typically, it's a 1-by-1 pixel or graphic on a web page, not visible to the user. When a page containing a web bug is opened or viewed, it causes certain information to be conveyed to a designated iAnywhere server. We currently use the web bug in connection with our e-mail newsletters, initially to determine whether the recipient's e-mail program is capable or reading HTML formatted e-mails. Once this determination is made, if you are receiving the HTML version of one of our monthly newsletters, or other HTML e-mail communication from us, it may contain a web bug. When viewed, we receive information concerning the time the e-mail was viewed, the IP address of the computer from which it was viewed, all of which allows us to determine whether the e-mail was opened and provides the non-personally identifiable information above. This information may then be aggregated and used to assess the effectiveness of these communications.

Requests for Information/Contests/Surveys

From time-to-time we may request information from you through the Service. The requests may take various forms such as a request for information (e.g., submit your name and e-mail address to receive a white paper), a response to a survey, or entering a contest ("Requests for Information"). Responding to these Requests for Information is voluntary (although may be required in order to receive something that is offered), and the user therefore has a choice whether or not to disclose the requested information.

Requested information may include a combination of personally identifiable information (such as a name or e-mail address), and demographic information (such as zip code or age). We use personally identifiable information for the express purpose stated at the time of submission, and if no express purpose is stated, then for the implied purpose of the request, and otherwise in accordance with this Privacy Statement. For example, we would use an e-mail address to communicate requested product information, or we would use an e-mail address to enter you in a contest and contact you about a prize.

Unless otherwise noted, demographic information received in response to a Request for Information, including any opinions expressed, will be used and analyzed internally and may be disclosed to third parties, however, any information/responses disclosed will be demographic in nature and will not be attributed to any specific user.

Third Party Collection of Information

In certain instances iAnywhere enters into strategic relationships with third parties to provide products and services in connection with the Service. For example, as of the posting of this statement, Yahoo! and Handango host electronic store front pages, ordering systems, and order data for iAnywhere. In connection with providing the products or services, these third parties may collect a combination of personally and non-personally identifiable information. If one of these third parties has an independent right to use the information they collect (as opposed to simply collecting it on behalf of iAnywhere), they will post a privacy policy, and their use of the information they collect will be subject to that policy. If the collection of information is subject to a third party privacy statement, its terms and the third party's ability to use any information submitted may differ materially from this Privacy Statement, and you should review the third party statement to insure you are comfortable with their privacy practices.

In some instances iAnywhere may act as an intermediary (i.e., collecting information on behalf of a third party) or may contract with an intermediary to collect information on behalf of iAnywhere (e.g., we may contract with a third party to host a survey for us). Where iAnywhere is an intermediary (e.g., on device ads with e-mail submits) and you are submitting information to a third party, we will indicate that you are about to provide information to a third party and the use of the information is subject to the third party's privacy policy. It is your responsibility to review the third party privacy policy. Where iAnywhere contracts with an intermediary we will not notify you unless the third party has a right to use the information for a purpose other than to assist iAnywhere.

Channel Privacy/Links to Third Party Web Sites

The Service makes it possible for our Content Partners to create "channels" through which you may access an incredible variety of content, applications, and services, and in doing so exchange information with these Content Partners. This Privacy Statement does not govern any exchange of information between you and any Content Partner. iAnywhere does not monitor, and is not responsible for, the privacy and data use policies of its Content Partners. We recommend you review their policies (likely to be found on their web sites) prior to accessing, but especially before sharing any personally identifiable information. Similarly, this Privacy Statement does not govern the privacy practices of any third party web site to which you might link from the AvantGo website. While iAnywhere does not knowingly collect or use personally identifiable information exchanged between you and any Content Partner, we may track general use data, such as the sequence in which you view portions of a channel (sometimes called "click-streams") and other non-personal information. This information is used to improve the Service and may also be shared with Content Partners to help them improve their content and services.

Opt-Out

iAnywhere does allow you to choose not to receive promotional e-mail communications from iAnywhere and its strategic partners. Although again, you cannot opt-out of receiving important information from iAnywhere about the Service and the use and maintenance of your AvantGo account. Users may opt-out during the initial registration process, or later by adjusting their account preferences within the My Account area of the AvantGo website (explained below). In addition, every promotional e-mail sent by iAnywhere or its strategic partners will contain instructions on how to unsubscribe from that particular mailing (an exception being one-time e-mails which will indicate you do not need to opt-out). The 'unsubscribe' instructions found in any e-mail will, however, only pertain to that particular type of mailing (i.e. newsletters, surveys, etc.) and will not remove you from all promotional mailings sent by iAnywhere or its strategic partners.

Correcting/Updating Personal Information

We've made managing your AvantGo account easier. Once you are logged in to AvantGo, simply click on the "My Account" link at the top of the right hand navigation bar, and you will be taken to an index of pages that allows you to manage your AvantGo account and related preferences.

Security

Protecting client privacy and personal information is a top priority. We make significant efforts to ensure the privacy of all personally identifiable information you provide to us. Access to all user information is restricted. Only employees whose jobs require accessing user information are granted database access or administrator level accounts on servers that contain such information. All servers containing user information are kept behind locked doors in secure data centers and require a secure login to access them remotely.

iAnywhere uses password protection, industry standard network encryption (128-bit SSL), access logs, and system monitoring to safeguard the confidentiality of all user information. In addition, iAnywhere reviews its security procedures on a semi-annual basis. Nonetheless, due to the inherent nature of the Internet and related technology, we do not guarantee the protection of information under our control against loss, misuse or alteration.

Notification of Changes

Your personally identifiable information is subject to the Privacy Statement in place at the time you submit such information. iAnywhere may modify this Privacy Statement from time to time, but these modifications will only apply to information submitted after notice of the change has been given. Typically, we will post notice of a change on the AvantGo website. If we substantially change our Privacy Statement as it relates to your personally identifiable information, we will notify you by e-mail using the e-mail address we have on file, so it's important to keep this information current. If at any point we would like to use personally identifiable information you previously submitted in a manner inconsistent with the applicable Privacy Statement, we will seek your approval.

Contacting the Web Site

If you have any questions about this Privacy Statement, please contact us at privacy@ianywhere.com. Incidentally, any personally identifiable information provided in connection with inquiries related to this Privacy Statement will be used solely for the purpose of responding to the inquiry.

iAnywhere Solutions, Inc.
One Sybase Drive
Dublin, California 94568

(925) 236-5000

Modified: November 10, 2003