NOTICE OF PENDING CLASS ACTION AND NOTICE OF PROPOSED SETTLEMENT

OPPERMAN, ET AL. v. KONG TECHNOLOGIES, INC., ET AL.

A court authorized this notice.

This is not a solicitation. You are not being sued.

If you downloaded and used certain mobile applications on your

Apple iPhone, iPad, or iPod device before February 23, 2012

you may be entitled to receive a payment.

Why did I get this notice? A settlement (“Settlement”) has been proposed in a class action lawsuit pending in the U.S. District Court for the Northern District of California (“Court”) titled Opperman, et al. v. Kong Technologies, Inc., et al., Case 13-cv-00453-JST (the “Litigation”). According to available records, you might be a “Class Member.” The purpose of this notice is to inform you of this Litigation and the Settlement so that you may decide what steps to take in relation to it. This email notice is a summary. Complete details of the Settlement and your options can be found at www.iosappsettlement.com.

What is the Litigation about? A group of Plaintiffs filed a lawsuit on behalf of themselves and all others similarly situated against Apple and several companies that develop apps for Apple iDevices. The Litigation alleges that certain versions of the Foodspotting, Foursquare, Gowalla, Instagram, Kik, Path, Twitter, and Yelp apps obtained contact data from users’ iDevices in violation of user’s privacy rights, and that Apple aided and abetted that conduct.

Who are the Plaintiffs and Defendants? The plaintiffs are Allen Beuershausen, Giuliana Biondi, Lauren Carter, Stephen Dean, Stephanie Cooley, Jason Green, Claire Hodgins, Gentry Hoffman, Rachelle King, Nirali Mandalaywala, Claire Moses, Judy Paul, and Gregory Varner. They are referred to as the “Class Representatives.” The App Developer defendants are Foodspotting, LLC; Foursquare Labs, Inc.; Gowalla, Inc.; Instagram, LLC; Kik Interactive Inc.; Kong Technologies, Inc. (formerly known as Path, Inc.); Twitter, Inc.; and Yelp Inc. They are referred to as the “App Developers.”

The App Developers deny wrongdoing and liability and deny that the Class could have recovered after trial. No court has decided which side is right. But both sides agreed to this Settlement which provides benefits to Class Members and resolves the case.

Am I a Class Member? You are a “Class Member” if you fall within the definitions set out in the detailed notice, which is available at the Settlement Website at www.iosappsettlement.com. Those definitions only include persons in the United States using iDevices and depend on the app or apps you used and the time period during which you used them. The Class definitions can be summarized as persons in the United States who:

(A)

used versions 2.5 through 3.1 of the iOS Foodspotting app to “Find iPhone Contacts” between August 9, 2011 and February 19, 2012;

(B)

used versions 1.1 through 4.2 of the iOS Foursquare app between April 4, 2009 and

February 14, 2012 (and for some versions used “Add Friends”);

(C)

used versions 1.5.0 through 4.1 of the iOS Gowalla app between February 23, 2010 and

February 23, 2012 to “Find Friends” with your “Address Book”;

(D)

used versions 1.0.0 through 2.0.7 of the Instagram app between October 6, 2010 and

February 10, 2012 to “Find Friends”;

(E)

used version 5.4.0 of the iOS Kik app and used the “Suggested Friends” feature between

December 22, 2011 and February 11, 2012;

(F)

used versions 2.0 through 2.0.5 of the iOS Path app between November 29, 2011 and

February 7, 2012;

(G)

used versions 3.3 through 4.0.1 of the iOS Twitter app between March 11, 2011 and

February 21, 2012 to “Find Friends”; and/or

(H)

used versions 4.0.0 through 5.6.0 of the iOS Yelp app between January 16, 2010 and

February 22, 2012 to “Find Friends.”

What benefits does the Settlement provide? If you are a Class Member, you are eligible to submit an online Claim Form to receive a payment. The App Developers have agreed to pay, collectively, $5.3 million (the “Settlement Amount”) to be used to pay claims by Class Members after deduction of some of the costs of administration, Class Counsel’s fees and costs, and incentive awards for the Class Representatives.

How much will my share be? The share of each Class Member who makes a claim will be based on the number of Class Members who make claims and the number of relevant apps used by each Class Member who makes a claim. All amounts remaining after payment of certain administration costs, Class Counsel’s fees and costs, and incentive awards for the Class Representatives will be divided amongst the Class Members who make claims pursuant to the instructions in this notice.

How can I get a payment? To qualify for a payment, you must be a Class Member and complete and submit a valid online Claim Form. The Claim Form can be found on the Settlement Website at www.iosappsettlement.com. To complete the Claim Form, you must enter your Class Member Identification Number: 106564665801. You must complete and submit the Claim Form online by no later than November 10, 2017, in order to be eligible for payment. Late claims will not be accepted.

What are my other options?

1.

You can exclude yourself: If you are a Class Member and don’t want to be part of the Settlement, you must exclude yourself by November 10, 2017, or you won’t be able to sue all or any of the App Developers or Apple (with respect to aiding and abetting the App Developers) about the legal claims in the Litigation ever again. If you exclude yourself, you cannot receive a payment from this Settlement, but you can still bring your own lawsuit about the issues in this case, at your own expense, if you choose to do so. The detailed notice, which is available at the Settlement Website at www.iosappsettlement.com, explains how to request exclusion.

2.

You can object to the Settlement: If you are a Class Member and want to stay in the Litigation but do not want the Court to approve the Settlement, you may object to it by November 10, 2017. The detailed notice, which is available at the Settlement Website at www.iosappsettlement.com, explains how to object. If you object, you still need to submit a Claim Form in order to be eligible for payment if the Settlement is approved.

3.

You can attend a hearing: The Court will hold a hearing on December 14, 2017 at 2:00 p.m. to consider whether to approve the Settlement, a request by the lawyers representing all Class Members (Kerr & Wagstaffe LLP; Phillips, Erlewine, Given & Carlin LLP; Edwards Law; Law Offices of

Carl F. Schwenker; and Gardy & Notis, LLP) for attorneys’ fees of no more than thirty percent of the Settlement Amount ($1.59 million), and the reimbursement of up to $150,000 in expenses, and for the Class Representatives’ request for $15,000 (each) for their services. You may ask to appear at the hearing, but you don’t have to. Class Counsel’s application for an award of attorneys’ fees, reimbursement of expenses, and incentive awards to the Class Representatives will be filed with the Court and made available for download and/or viewing on the Settlement Website no later than September 22, 2017, at www.iosappsettlement.com.

4.

You can do nothing: If you are a Class Member and do nothing, you will still be bound by the terms of the Settlement but you will not be entitled to any payment. You must submit a valid online Claim Form at www.iosappsettlement.com in order to receive payment.

What do I give up to remain in the Litigation? If the Court approves the proposed Settlement and you do not exclude yourself from the Settlement, you will be releasing your claims against the App Developers and Apple (with respect to aiding and abetting the App Developers). This generally means that you will not be able to file a lawsuit, continue prosecuting a lawsuit, or be part of any other lawsuit against the App Developers regarding the allegations in the Litigation, or Apple for aiding and abetting the App Developers. The specific terms of the release are contained in the detailed notice and the Settlement Agreement, both of which are available at the Settlement Website at www.iosappsettlement.com.

Where can I find more information? For complete information about the Settlement, to view the Settlement Agreement, related Court documents, and Claim Form, and to learn more about how to exercise your various options under the Settlement, you may visit the Settlement Website at www.iosappsettlement.com. You may also write to the Settlement Administrator at: Opperman et al v. Kong Technologies Claims Administrator, P.O. Box 404000, Louisville, KY 40233-4000.