DIGITAL RIVER
ONLINE PRIVACY POLICY
IMPORTANT: PLEASE REVIEW THIS ONLINE PRIVACY POLICY BEFORE
SUBMITTING ANY PERSONAL INFORMATION TO DIGITAL RIVER THROUGH THIS ONLINE
STORE.
BY SUBMITTING PERSONAL INFORMATION TO DIGITAL RIVER THROUGH THIS ONLINE STORE, YOU ARE CONSENTING TO THE COLLECTION, USE, TRANSFER, AND
DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS ONLINE PRIVACY
POLICY.
This Privacy Policy is
effective as of November 2006.
This
Digital River Online Privacy Policy (this “Privacy Policy”) describes how Digital River protects your privacy when you use this Online Store or any other Digital River online store on which this Privacy Policy is posted (the “Digital River
Online Store(s)”).
This Privacy Policy applies
only to personal information collected through Digital River Online Stores. “Personal
information” means information that identifies you personally, either alone or
in combination with other information available to us.
Our Partners
As used in this Privacy
Policy, the term “Partner” refers to the company whose name and logo appear at
the top of each page of a particular Digital River Online Store. Our Partner
is the manufacturer, supplier and/or licenser of the products and services made
available through that Digital River Online Store.
Digital River Online
Stores are designed to link seamlessly to websites operated by or on behalf of
our Partners (the “Partner Website(s)”). Although a Partner Website and
the corresponding Digital River Online Store may look very much alike, you can
always tell when you are visiting a Digital River Online Store, because the
tagline “E-commerce services are provided by Digital River, a 'name of partner'
e-commerce reseller” appears at the bottom of each page.
This Privacy Policy does not
apply to any Partner Website. WHEN YOU PROVIDE PERSONAL INFORMATION TO ONE OF
OUR PARTNERS ON THE PARTNER’S WEBSITE, THE PARTNER’S PRIVACY POLICY APPLIES.
This Privacy Policy is Part of Our Terms and Conditions
This Privacy Policy is incorporated by reference and is part of
the Digital River Terms and Conditions (“Terms and Conditions”) governing your
use of this Online Store. Our Terms and Conditions contain the terms on which
you may purchase products and services through this Online Store. Please take
a few minutes to review our Terms and Conditions, if you have not
already done so.
Privacy Notices
This Privacy Policy may be supplemented or amended from time to
time by “Privacy Notices” posted on this Online Store. These Privacy Notices
provide a level of detail that we cannot provide in this more general
description of our privacy practices. For example, certain pages of this
Online Store contain Privacy Notices providing details about the personal
information we collect on those pages, why we need that information, and
choices you may have about the ways we use that information. Our Privacy
Notices apply only to the Digital River Online Store on which they appear.
Country-Specific Notices
Privacy requirements vary from country to country. To meet these
requirements, we have included certain “Country-Specific Notices” as part of
this Privacy Policy. You may locate the Country-Specific Notice for your
country, if there is one, by scrolling to the end of this Privacy Policy.
This Privacy Policy
May Change
We reserve the right to update or modify this Privacy Policy, at
any time and without prior notice, by posting the revised version of this
Privacy Policy on this Online Store. These changes will only apply to personal
information we collect after we have posted the revised Privacy Policy. Your
use of this Online Store following any such change constitutes your agreement
that all personal information collected from or about you through this Online
Store after the revised Privacy Policy is posted will be subject to the terms
of the revised Privacy Policy.
To alert you to these changes, we will update the effective date
of this Privacy Policy. We will also provide a notice at the top of this Privacy
Policy for at least 30 days after the new effective
date and highlight the changes so that you can locate them easily. Unless the
change is a minor change (such as a change in our contact information) or a
non-substantive change (such as the reformatting of our Privacy Policy), we
will post notices on the page where you submit your order and/or on other
relevant pages of this Online Store for 30 days after the new effective date to
alert you to the change.
You
may access the current version of this Privacy Policy at any time by clicking
on the link marked “DR Privacy Policy” at the bottom of each page of this
Online Store.
What Personal
Information Do We Collect Through this Online Store?
Information You
Volunteer.
We collect the personal information you knowingly and voluntarily provide when
you use this Online Store, for example, the information you provide when you
request information about products or services, purchase a product or service,
contact us regarding a purchase, or enter a contest or promotion. This
information may include your name, street and email address, phone number,
credit card information, and information used to verify your identity or to
prevent fraud.
Information Sent to Us by Your Web
Browser. We
collect information that is sent to us automatically by your web browser. This
information typically includes your IP address, the address of the web page you
were visiting when you accessed this Online Store, the name of your operating
system (such as Windows® or Macintosh®), the name and version of your browser
(such as Netscape® or Internet Explorer®), and the date and time of your
visit. The information we receive depends on the settings on your web
browser. Please check your browser if you want to learn what information your
browser sends or how to change your settings.
The information provided by your
browser does not identify you personally. We use this non-personal information
primarily to create statistics that help us improve the Digital River Online
Stores and make them more compatible with the technology used by our
visitors. However, if you have created a user identity on one of your visits
to this Online Store (for example, by making a purchase), we may link the
information provided by your browser to information that identifies you
personally and use it for the purposes described below. In addition, we may
review our server logs for security purposes, such as detecting intrusions into
our network. If we suspect criminal activity, we might share our server logs
-- which contain visitors’ IP addresses -- with the appropriate investigative
authorities who could use that information to trace and identify individuals.
Information Provided by Third
Parties. We may
receive personal information about you from our Partners or from our
third-party service providers. For example, we may use a third party to
process your credit card. The third party will inform us whether your credit
card has been accepted, so that we can complete your transaction.
Information
Collected Using “Cookies” and Other Web Technologies. We
use “cookies,” and similar technologies, such as Web Beacons (also referred to
as “tracking pixels,” or “action tags”), to collect personal information and
support the functionality of this Online Store. For more information about our
use of cookies and Web Beacons, see below.
Cookies
and Web Beacons
Cookies
and Web Beacons. A “cookie” is a small text file that is transferred to your
computer by our web server. We may use two types of cookies -- “session cookies”
and “persistent cookies”.
Session
Cookies. A “session cookie” is a temporary cookie that expires when
you close your browser. A session cookie assigns a randomly-generated, unique
identification number to your computer when you access one of our Sites.
Assigning your computer a number facilitates the proper functioning of the
features of our Online Stores, by permitting us to maintain a persistent
“state” for your session, such as, maintaining the contents of your shopping
basket during checkout. We also use session cookies to collect information
about the ways visitors use this Online Store – which pages they visit, which
links they use, and how long they stay on each page. We analyse this
information (known as “click-stream information”) to better understand our
visitors’ interests and needs and to improve the content and functionality of
this Online Store.
Sessions
cookies do not contain your personal information. If, however, you have created a
user identity on one of your visits to this Online Store, we may link the
session cookie identification number to information that identifies you
personally.
Persistent
Cookies. When you visit one of our Online Stores, we may place one or
more “persistent cookies” on your computer. Unlike a “session cookie,” a
persistent cookie does not expire when you close your browser. It stays on
your computer until it expires (for example, at the end of the calendar year)
or until you delete it.
Some
persistent cookies simply “tag” your computer so that the next time you visit
(or someone using your computer visits), our server will recognise you, not by
name, but by the “tag” on your computer. This will enable us to provide you
with a personalised experience even if we do not know who you are. It will also
allow us to collect more accurate information about the ways people use this
Online Store, for example, how people use this Online Store on their first
visit and how often they return. If, at some point, you create a user
identity, we
may link the information collected by these persistent cookies to information
in our database that identifies you personally. We may also transfer this
information to a cookie and place it on your computer’s hard drive so that our
web server can read this information each time you visit this Online Store. In
either case, using persistent cookies permits us to provide you with a more
personalised shopping experience and, in some cases, may save you the trouble
of re-entering information already in our database.
If you do not wish
to receive cookies, you may set your browser to reject cookies or to alert you
when a cookie is placed on your computer. You may also delete our cookies as
soon as you leave our Online Store. Although you are not required to accept
our cookies, if you set your browser to reject cookies, you will not be able to
use all of the features and functionality of this Online Store. For example,
you will not be able to purchase products and services on this Online Store.
Web
Beacons.
Web beacons (also referred to as “tracking pixels” or “action tags”) are
graphic images, usually no larger than 1 pixel x 1 pixel, placed at various
locations on our Site. Web beacons help us recognise the cookies on your
browser. Like cookies, Web beacons help us collect information about the ways
visitors use our Sites. They also help us identify browser types, IP
addresses, search terms that bring visitors to our Sites, and the domain names
of the Web sites that refer traffic to us. The information collected by Web
beacons does not identify you personally. However, if you have created a user
identity on one of your visits to this Online Store, for example, by making a
purchase, we may link the information we collect using Web beacons to the
information that identifies you personally and use it in the same ways as we
use the information we collect using cookies.
How Do We Use Your
Personal Information?
Digital River uses the
personal information we collect on this Online Store:
•
to
take, process or deliver your order, process or obtain payment, or notify you
of the status of your order;
•
in
connection with keys, access codes or other information as may be required to
permit you to access Partner Websites to receive products, updates or services;
•
for
security, credit or fraud prevention purposes;
•
to
register your purchase with the manufacturer or service provider for warranty,
technical support or similar purposes;
•
to
facilitate the renewal of subscriptions for products or services;
•
to
provide you with effective customer service and/or technical support;
•
to
provide you with a personalised shopping experience;
•
to
provide you, with your consent, with product updates and upgrades, special
offers, pricing information, newsletters, and any other information you request;
•
to
undertake, with your consent, any other promotional activities; and
•
to
improve this Online Store, the customer experience, and related products or
services.
In
addition, we may use specific personal information for the purposes identified
in a specific Privacy Notice posted on the page or area of this Online Store
where you provided that information.
We may remove all
of the information that identifies you specifically and use the rest for
historical, statistical or scientific purposes.
With
Whom Do We Share Your Personal Information?
Our
Partners.
Digital River is an independent e-commerce reseller. When you use this
Online Store, we provide your personal information to the Partner whose name
and logo appear on this Online Store. We also pass on to our Partner the
privacy preferences you have expressed on our Online Store. For example, if you
have asked to be added to our Partner’s mailing lists, we will pass on that
information. If you have declined an opportunity to be added to our Partner’s
mailing lists, we will also pass on that information. We do not provide your
credit card information to our Partner unless you have purchased a subscription
that qualifies for automatic renewal (see below). Our Partner’s privacy
policy will govern how our Partner uses and protects your personal
information. You may review the Partner’s privacy policy at any time by
clicking on the link at the bottom of each page of this Online Store.
Our Service Providers. Digital River employs other companies, including our affiliates, to provide services to us
or on our behalf. For example, we may use other companies to maintain this
Online Store, to process credit card payments, detect and prevent fraud,
deliver packages, send mail or email, or provide customer service. These
companies are required by contract to use the personal information we share
with them only to perform services to us or on our behalf and to protect the
confidentiality of your personal information.
Warranty
and Other Support.
We may share your personal information in order to register your purchase with
the Partner whose name and logo appear at the top of each page of this Online
Store (or that Partner’s service provider) for warranty, technical support,
after sales service, or similar purposes.
To
Facilitate Renewal of Subscriptions. If you use this Online Store to purchase
a subscription, we will transfer your personal information, including your
credit/debit card information, to our Partner so that our Partner can
automatically renew your subscription at the end of the current term. Our
Partner will notify you by email prior to the expiration of your current
subscription. If you do nothing, the regular subscription renewal price (plus
applicable tax) will automatically be charged using the credit/debit card
information you provided to us in connection with your original purchase of the
product or service. By purchasing a subscription through this Online Store,
you authorise us to transfer the personal information provided in connection
with that transaction, including your credit/debit card information to our
Partner and authorise our Partner to use that information to charge each
renewal. If you do not want your credit/debit card to be automatically
charged, you may discontinue this service at any time after completing your
order. Your confirmation email will include the instructions for how to cancel
this service. Our Partner’s privacy policy will govern how our Partner
protects your personal information. You may review our Partner’s privacy
policy at any time by clicking on the link at the bottom of each page of this
Store.
As Disclosed in a
Privacy Notice.
We may share specific personal information as disclosed in a specific Privacy
Notice posted on the page or area of this Online Store where you provided that
information.
For
Marketing Purposes.
We will not share your personal information with our affiliates or unrelated
third parties to use for their own marketing purposes without your express,
“opt-in,” consent.
To Comply With Legal Requirements,
Cooperate With Law Enforcement, Prevent Fraud and Other Crimes, and Protect
Legal Rights, Property, You and Others. There are other limited
circumstances in which we may share the personal information in our databases
with unrelated third parties. For example, we may disclose the personal
information we collect on this Site or in connection with your transaction
without notifying you when we, in good faith, believe disclosure is appropriate
to comply with the law or a regulatory requirement; to comply with a subpoena
or court order; to cooperate with law enforcement or other governmental
investigations (without necessarily requiring the law enforcement or government
agency requesting the information to formally serve us with a subpoena); to
prevent or investigate a possible crime, such as fraud or identity theft; to
enforce a contract; to protect the legal rights, property or safety of Digital
River, our affiliates, our employees, agents, other users or the public in
general or to protect your vital interests. We also reserve the right to
report to appropriate law enforcement or government agencies any activities
that we, in good faith, believe to be unlawful without providing notice to
you.
In Connection With Corporate Events. We
may transfer your personal information to another company (either an affiliate of Digital River or an unrelated third party) that has acquired the stock or assets of Digital River, one of our affiliates, or one of our operating divisions, for example, as
the result of a sale, merger, reorganisation, insolvency, dissolution or
liquidation. If such a transfer occurs, the acquiring company’s use of your
personal information will still be subject to this Privacy Policy, any
applicable Privacy Notices, and the privacy preferences you have expressed to
us.
Your
Choices
Digital River respects your
right to make choices about the ways we collect, use and disclose your personal
information. We generally ask you to indicate your choices at the time and on
the page where you provide your personal information.
When
you provide personal information in connection with a purchase, we may offer
you a choice as to whether you would like to receive further communications
from us about updates, upgrades, special offers and pricing. We may also ask
if you would like to be added to our Partner’s mailing lists. You have the
right to withdraw your consent at any time. If you decide you no longer want
to receive promotional messages from us, you may let us know by emailing us at
remove@digital river.com or by following any unsubscribe link in our emails.
Please note, however, if you give us permission to add your contact information
to our Partner’s mailing list and later withdraw your permission, you will have
to contact our Partner (or use the “opt-out” provided in the emails our Partner
sends you) to have your name removed from our Partner’s mailing lists.
How
Can You Access and Correct Your Personal Information?
We
strive to maintain the accuracy and integrity of the personal information in
our databases and to keep that information up-to-date. We provide ways for you
to access your personal information as required by applicable law, so that you
can correct inaccuracies or update your personal information. We generally do
not charge for this service, however, we reserve the right to charge a fee as
permitted by applicable law.
If
you would like to review, correct or challenge your personal information,
please contact us by postal mail addressed to Digital River’s Privacy
Department, 9625 W. 76th Street, Suite 150, Eden Prairie, MN 55344 or by email at privacy@digitalriver.com. You may write to us in your own language.
We
will respond to reasonable requests within the time limits established by applicable
law or within a reasonable time if no time limit is established by applicable
law. For your protection, we may ask you for additional information to verify
your identity. In most cases, we will provide the access you request and
correct or delete any inaccurate personal information you discover. We reserve
the right, however, to limit or deny your request to the extent permitted by
applicable law if 1) the disclosure may harm the life, the body, the property
and the rights of third parties, 2) the disclosure may lead to a breach of
applicable law and regulation, or 3) where you have failed to provide
sufficient evidence to verify your identity.
How
Do We Protect Your Personal Information?
We
have industry standard measures in place to protect the security of the
personal information we collect through this Online Store. For example, we use
Secure Socket Layers (“SSL”) to encrypt your credit card information as it
travels over the Internet.
It
is important that you understand, however, that no website or database is
completely secure or “hacker proof”. You are also responsible for taking
reasonable steps to protect your personal information against unauthorised
disclosure or misuse, for example, by protecting your password.
Where
Will Your Personal Information be Processed?
Digital River is a global
corporation comprised of Digital River, Inc. and its subsidiaries. Digital
River, Inc. is a U.S. Corporation with offices at 9625 West 76th
Street, Eden Prairie, Minnesota, 55344, U.S.A. Most Digital River Web Stores
are currently hosted on servers located within the United States, but the
locations of our servers may change from time to time. Your personal
information may be stored on servers located within the United States, Ireland, or in another country.
In
addition, Digital River may transfer your personal information to its Partners,
service providers, product manufacturers, licensers, suppliers, and others
located in the United States or another country for the purposes as described in
this Privacy Policy.
Different
countries have different privacy laws and requirements. Please know, however,
that no matter where your personal information is collected, used, transferred
or stored, if it was collected through this Online Store, it will be protected
by the terms of this Privacy Policy and any Privacy Notices that apply to you.
BY SUBMITTING YOUR
PERSONAL INFORMATION TO US THROUGH THIS ONLINE STORE, YOU ARE CONSENTING TO THE
PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER
COUNTRY IN THE WORLD.
How
Long Do We Retain Your Personal Information?
We
keep your personal information only as long as we need it for the purposes for
which it was originally collected (or to which you have subsequently consented)
or for other legitimate purposes (such as regulatory compliance), or as
permitted by applicable law.
Links to Other Websites
This
Online Store contains links to other websites operated by Digital River and its affiliates. This Online Store may also contain links to websites that are owned
and operated by unrelated third parties.
This
Privacy Policy applies only to personal information collected through the
Digital River Online Stores, that is, the Digital River websites on which this
Privacy Policy is posted. It does not apply to personal information collected
on any other website operated by Digital River, nor to personal information
collected on our Partners’, service providers’ or any other websites. When you
access other websites through a link on this Online Store, please take a few
minutes to review the terms of use and privacy statement posted on each website
you visit.
Children’s Privacy
Our Online Store is not directed at nor
targeted to children. No one who has not reached the age of majority in his or
her country may use this Online Store unless supervised by an adult.
We do not
use our Online Store to knowingly solicit personal information from or market
to anyone under the age of majority in his or her country. Our goal is to comply
with applicable laws and regulations relating to collection and use of
information from children, including the Children’s On-line Privacy Protection
Act of the United States and other applicable laws or regulations. If you
believe that we have received information from a child or other person
protected under such laws, please notify us immediately by postal mail
addressed to Digital River’s Privacy Department, 9625 W. 76th Street, Suite 150,
Eden Prairie, MN 55344 or by email at privacy@digitalriver.com, and we will
take reasonable steps to remove that information from our databases.
Governing Law
This
Privacy Policy and our Privacy Notices are governed by the laws of the State of
Minnesota, United States of America, without regard to its conflict of law
principles.
Questions Concerning Our Privacy Practices
If
you have any questions, comments, or concerns regarding this Privacy Policy or
our privacy practices, please contact us by postal mail addressed to Digital River’s Privacy Department, 9625 W. 76th Street, Suite 150, Eden Prairie, Minnesota 55344, U.S.A. or by email at privacy@digitalriver.com. You may write to us in
your own language.
COUNTRY-SPECIFIC
PRIVACY NOTICES
(All
EEA Countries)
Where Will Your
Personal Information Be Processed?
Digital River
is a global corporation comprised of Digital River, Inc. and its subsidiaries.
Digital River, Inc. is a U.S. Corporation with offices at 9625 W. 76th Street,
Suite 150, Eden Prairie, Minnesota 55344 U.S.A. Most Digital River Web Stores
are currently hosted on servers located within the United States, but the
locations of our servers may change from time to time.
Your personal
information may be stored on servers located within the United States or in another country. In addition, Digital River may transfer your personal
information to its Partners, service providers, product manufacturers,
licensers, suppliers, and others located in the United States or another
country located outside the European Economic Area (“EEA”) as described in this
Privacy Policy.
You should note
that, at present, the laws of the United States and other countries outside the
EEA (except for Argentina, Canada, Isle of Man, Guernsey, and Switzerland) have
not been approved by the European Commission as providing “adequate protection”
for personal information within the meaning of the EU Data Protection Directive
(95/46/EC).
Please know,
however, that no matter where your personal information is collected, used,
transferred or stored, if it was collected through one of our Web Stores, it
will be protected by the terms of this Privacy Policy and any Privacy Notices
that apply to you.
BY ACCESSING OUR
WEB STORE FROM A COUNTRY IN THE EEA AND SUBMITTING YOUR PERSONAL INFORMATION TO
US, WE DEEM THAT YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL
INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY OUTSIDE THE EEA.
Japan
About
Digital River
[Japan]. Digital River [Japan] is a subsidiary of Digital River, Inc., a U.S. corporation with offices at 9625 W. 76th Street, Suite 150, Eden Prairie, Minnesota 55344 U.S.A. Digital River [Japan] is a KK corporation, with offices
located at 10F, Shinjuku Mitzui, Building #2, 3-2-11, Nishi Shinjuku,
Shinjuku-ku Tokyo, Japan.
How We Collect, Use, Share and Protect Your Personal Information.
When you access and use the Japan Site, Digital River [Japan] will collect,
use, share, and protect your personal information in accordance with the terms
of this Privacy Policy and the Privacy Notices posted on the Japan Site. Our
Privacy Policy provides general information about our privacy practices; the
Privacy Notices on the Japan Site provide specific information about the ways
we use and share (and your choices about the ways we use and share) the
personal information we collect on that Site.
Joint Use. Digital River is an independent
e-commerce reseller. Each of our Online Stores is co-branded with the name and
trademarks of one of our Partners. We provide the personal information we
collect on a particular Online Store with the Partner for that Online Store. We also pass on to
our Partner the privacy preferences you have expressed on our Online Store. For
example, if you have asked to be added to our Partner’s mailing lists, we will
pass on that information. If you have declined an opportunity to be added to
our Partner’s mailing lists, we will also pass on that information. We do not
provide your credit card information to our Partner unless you have purchased a
subscription that qualifies for automatic renewal. Digital River [Japan] and the Partner jointly use your personal information. Our Partner’s privacy policy
governs our Partner’s use of the personal information we share with them. You
may review our Partner’s privacy policy at any time by clicking on the link at
the bottom of each page of the Online Store. You may contact our Partner using
the contact information provided in our Partner’s privacy policy.