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.

 Digital River Operates This Online Store

 

 This online store (“this Online Store”) is hosted and operated by Digital River (“we,” “us,” and “our”), an independent e-commerce reseller. Digital River is the “merchant of record” when you purchase software and other products (“products”) and services (“services”) through this Online Store.

 Scope of This Privacy Policy

 

 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.