This Privacy Policy is effective as of September 13, 2010. This Privacy Policy was last updated on September 13, 2010.

 

Privacy Policy

Thank you for visiting Particle Code, Inc.’s web site (the “Site“) located at www.particlecode.com. Your privacy is important to us. This privacy policy (“Privacy Policy“) explains certain policies that Particle Code, Inc. (“Particle Code” or “we“) has implemented governing our use of Personally Identifiable Information (as defined below) and other information that we gather from users of our Site, and users of our software or other products and services (each, a “Product” or “Service“; collectively, the “Products and Services“). “Personally Identifiable Information” for purposes of this Privacy Policy means any item of information, that by itself, or when combined with other information, permits a person to be identified, including, without limitation, a person’s first and last name, telephone number, e-mail address, employer information, or payment information.

If you do not agree to the terms of this Privacy Policy, as amended from time to time, you have no permission or right to, and you may not, access or use, the Site, or our Products and Services. This Privacy Policy forms a part of the Particle Code Web Site Terms of Use that apply to our Site, and the applicable software license agreements, or other terms and conditions, applicable to our Products and Services (collectively, the “Terms“).

Privacy Policy Updates

Particle Code may add to, change or remove any part, term or condition of this Privacy Policy at any time without prior notice to you. By continuing to use the Site or any Product or Service, you are indicating your acceptance of such changes. You should check this Privacy Policy frequently to see if any changes have been made. We will notify you of significant changes to this Privacy Policy by changing the “Last Updated” date above.

Collection of Personally Identifiable Information Provided by You

You can generally visit our Site without revealing any Personally Identifiable Information about yourself. However, in order to use our Products and Services you will need to provide certain Personally Identifiable Information to us. For example, we will ask you to provide us with your first and last name, your job title, your e-mail address, the name of the company or other business entity on whose behalf you use the Product or Service, your telephone number, and such other information as specified by Particle Code from time-to-time.

In addition, we may collect Personally Identifiable Information that you provide to us through communications that we have with you by telephone, e-mail, web site submissions, letter, or at meetings or tradeshows, or in other forms of communication, and we may associate such Personally Identifiable Information with your existing Personally Identifiable Information in our records.

Collection of Personally Identifiable Information Provided by Third Parties

We may also collect Personally Identifiable Information about you from third parties who have the right to disclose such information to us, including for example, from service providers that we may use to verify your identity and to conduct credit checks when you order Products and Services.

Updating Your Personally Identifiable Information

You may update the Personally Identifiable Information that you have previously provided to us, by logging into and updating such information, or by contacting us at the address specified below, or by logging into your account and updating such information.

Use of Your Personally Identifiable Information

We use your Personally Identifiable Information (i) to provide the Products, Services or other information that you have requested; (ii) to verify your identity and authority to use our Site, Products and Services; (iii) to contact you in connection with Products, Services or other information that we have provided to you; (iv) to notify you of changes to the Site, our Products and Services, this Privacy Policy or the Terms; (v) to maintain and improve the technical functioning, content and general administration of the Site; (vi) to develop new products and services; (vii) to protect the rights and property of Particle Code, our licensors, customers, and third parties; and (viii) to otherwise comply with our obligations under applicable laws, rules and regulations.

We may also use your Personally Identifiable Information to contact you with offers for additional Products and Services that we believe may be of interest to you. In addition, we may provide your Personally Identifiable Information to our third party business partners so that they may also contact you with offers of products and services that may be of interest to you. If you do not wish to receive such offers, you may complete the opt-out procedure specified at the bottom of any e-mail making such offers, or inform the individual that calls you with such offer, that you do not wish your telephone number to be used for such offers. Opting out of such communications will not restrict our right to contact you to provide information in connection with any Products and Services that we provide to you, or that we are otherwise required to provide to you under applicable law.

We will provide you with an opportunity to opt out before we use your Personally Identifiable Information for any purpose other than those described in this Privacy Policy.

Disclosure

We may disclose your Personally Identifiable Information to our third party vendors and service providers who we may engage to assist us in making the Site and our Products and Services available, and to perform information processing and management on our behalf. We may also disclose your Personally Identifiable Information to our third party business partners for the purposes set forth above. We require these third parties to process Personally Identifiable Information strictly in accordance with our instructions and the terms of this Privacy Policy, and we require them to use other appropriate security and confidentiality measures to protect your Personally Identifiable Information. Without limiting the foregoing, you acknowledge and agree that any payment information that you provide to Particle Code in connection with your purchase of Products and Services may be shared by Particle Code with third party service providers who work on Particle Code’s behalf, such as payment processors and/or credit agencies, solely for the purposes of verifying your identity, checking credit, or effecting payment to Particle Code.

We may disclose your Personally Identifiable Information without seeking your consent: (i) when we reasonably believe that we are required or permitted to do so by law, regulation or other government authority, including, without limitation, in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise our legal rights or defend against legal claims, or when we deem it appropriate or necessary to provide such information to law enforcement
authorities; (ii) to enforce the terms of this Privacy Policy or the Terms; (iii) to protect and defend the property and other rights of Particle Code, our licensors, customers or third parties; and/or (iv) to protect the safety of our employees, agents, customers, or third parties, including as required to detect and prevent fraud, security, or technical issues.

Particle Code shall not be liable for any disclosure of your Personally Identifiable Information to third parties as set forth in this Privacy Policy, or any use or disclosure of your Personally Identifiable Information by such third parties.

Except as noted above, we will not share your Personally Identifiable Information with any other person or entity without your prior consent, except that we may transfer your Personally Identifiable Information to: (i) any current or future parent, affiliate or subsidiary of Particle Code’s; or (ii) a successor entity upon a sale, merger, consolidation or other corporate reorganization in which Particle Code participates; provided however, that we will require your Personally Identifiable Information to be protected by a privacy policy that is at least as protective as the terms of this Privacy Policy.

Deletion of Personally Identifiable Information

Upon receipt of a written request from you provided by e-mail or letter, and on condition that you have paid all outstanding payments due to Particle Code and are otherwise in good standing with Particle Code, you may request Particle Code to delete your Personally Identifiable Information. Upon receipt of such request, Particle Code will use good faith commercially reasonable efforts to delete your Personally Identifiable Information from its files and records; provided however, that: (i) Particle Code shall be entitled to retain your Personally Identifiable Information to the extent that it is legally required to do so under applicable laws, rules or regulations; and (ii) you acknowledge that Particle Code shall not be required to delete your Personally Identifiable Information from its archives, back-up files or other data storage locations if it would be unreasonably impractical or expensive for Particle Code to do so, although Particle Code will continue to comply with the terms of this Privacy Policy in respect of any of your non-deleted Personally Identifiable Information. You acknowledge and agree that upon deletion of your Personally Identifiable Information, Particle Code will be unable to provide you with any copies of such Personally Identifiable Information and you are solely and exclusively responsible for keeping your own copies of any Personally Identifiable Information that you provide to Particle Code.

Cookies

We may use small text files called cookies to uniquely identify your browser. A cookie is an element of data that a web site sends to your browser, which may then store it on your system. We use cookies so that we can improve the overall experience, quality and accuracy of our Site. For example, a cookie can store your Site user preferences. You can set your browser to notify you when you receive a cookie, and you can adjust your cookie settings in your browser to accept or reject cookies. However, you may not be able to effectively use certain features of the Site if your cookies are disabled. We use cookies to assist us with the administration of the Site, to enhance the user experience in using the Site, to improve the Site, and for research and development. We may connect and store information that we derive from cookies associated with your use of the Site, with your Personally Identifiable Information.

Aggregate Information

The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, browser types, IP addresses of such visitors, and Third Party Sites (defined below) linked to our Site, and we may analyze this data in the aggregate. Such information will be maintained, used and disclosed in aggregate form only and except as otherwise permitted by this Privacy Policy, it will not contain, or be associated with, your Personally Identifiable Information. We may use such aggregate information to analyze trends, administer the Site, or gather broad demographic information about aggregate use, in each case for our use in developing, providing and improving the Site, our Products and Services, and for the other uses specified in this Privacy Policy.

Third Party Web Sites

The Site may provide links to third party web sites (“Third Party Sites“). We provide such links solely as a convenience to you. Particle Code does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products or services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to this Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites.

Security

We employ procedural and technological security measures that are reasonably designed to help protect your Personally Identifiable Information from loss, unauthorized access, disclosure, alteration, or destruction. In this regard, Particle Code uses firewalls, password protection, encryption, secure data connections, physical and personnel access restrictions and other security measures. While we strive to do our best to protect your privacy, Particle Code cannot guarantee that unauthorized access to, or disclosure of, your Personally Identifiable Information will never occur.

Children’s Privacy

Particle Code recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their
children’s online activities and interests. The Site and our Products and Services are only intended for persons who are aged 13 or older, and Particle Code does not knowingly collect Personally Identifiable Information from persons under 13 years of age. If you are under the age of 13, your parent or legal guardian cannot consent to your use of the Site or our Products or Services.

Processing of Personal Information

Our computer systems are currently based in the United States of America (“U.S.“) so your personal information will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. In addition, the servers of our third party vendors and service providers may be located in the U.S. or other countries, and U.S. residents consent to the transfer of their personal information to such other countries, which may not offer an equivalent level of protection to that required in the U.S., and to the processing of their personal information as described in this Privacy Policy.

By using the Site and our Products and Services as a person from outside the U.S., you agree to this Privacy Policy and you consent to the transfer of your personal information to the U.S. and other countries, which may not offer an equivalent level of protection to that required in the European Union or other countries, and to the processing of your personal information
as described in this Privacy Policy.

Questions

If you have any questions regarding this Privacy Policy or the manner in which we use your Personally Identifiable Information, you may contact us by email at info@particlecode.com, or write to us at the following address:

Privacy
Particle Code, Inc.
418 Florence Street
Palo Alto, CA 94301

 

2010 Particle Code, Inc. All rights reserved.