This Privacy Policy is effective as of July 5, 2010.  This Privacy Policy was last updated on May 10, 2012.

Thank you for visiting Fordela Corporation’s web site (the “Site”) located at [www.fordela.com].  Your privacy is important to us.  This privacy policy (“Privacy Policy”) explains certain policies that Fordela Corporation (“Fordela” or “we”) has implemented governing our use of personally identifiable information (“PII”) and other information that we gather from users of our Site, and users of our digital asset management service and any related services offered on or through our Site (collectively, the “Service”).  PII means any item of information, that by itself, or when combined with other information, permits you to be identified, e.g., your first and last name, your street address, your date of birth, or your credit card information.

This Privacy Policy forms part of the Terms of Service that govern your use of the Service (the “Terms of Service”).  Capitalized terms that are used, but not defined in this Privacy Policy, will have the meanings specified in the Terms of Service.

If you do not agree to the terms of this Privacy Policy, the Terms of Service and the SLA, in each case as amended from time to time, Fordela is unwilling to allow you to, you have no permission or right to, and you may not and must not access or use, the Site or Service.

 

Privacy Policy Updates

Fordela may add to, change or remove any part, term or condition of this Privacy Policy at any time without prior notice to you.  It is your responsibility to check this Privacy Policy periodically for changes.  By continuing to use the Service, you are indicating your acceptance of such changes.  However, we will provide written notice to you of any significant changes to this Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).  We will not reduce your rights under this Privacy Policy without your consent

 

Collection of PII Provided by You

You can generally visit our Site without revealing any PII about yourself.  You are not required to provide any PII to us, but in that case Fordela will be unable to provide the Service to you.  In order to use the Service, you will need to register with Fordela to open an Account.  To open an Account you will need to provide certain PII to us.  For example, we will ask you to provide us with your first and last name, the name of the company or legal entity on whose behalf you use the Service, your telephone number, your e-mail address, and your credit card information.

In addition, we may collect PII that you provide to us through communications that we have with you by telephone, e-mail, mail, or other forms of communication, and we may associate such PII with your existing PII in our records.

 

Collection of PII Provided by Third Parties

We may also collect PII about you from third parties who have the right to disclose such information to us, including for example, from service providers that we use to verify your identity when you register to use our Service and to conduct credit checks

 

Updating Your PII

You may update the PII that is stored in your Account at any time by logging into your Account and changing such information.  The Terms of Service require you to keep such PII current.

 

Use of Your PII

We use your PII to register you to use our Service, to verify your authority to enter our Site and use our Service (including, without limitation, to verify your identity), to contact you and to provide you with notices about our Site and Service, to deliver the Service or information you have requested, to improve the content and general administration of our Site and Service, to develop new services, to carry out auditing, research and analysis to maintain, protect and improve our Service, to ensure that our Site and Service are technically functional, and to protect the rights and property of Fordela and our users, and to otherwise comply with our obligations under applicable laws, rules and regulations.

We may also use your PII to e-mail or call you with offers for additional Fordela products and services. 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 e-mail or call you to provide information in connection with any Service we have provided 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 PII for any purpose other than those described in this Privacy Policy.

 

Disclosure

We may disclose your PII to our third party vendors and service providers who we may engage to assist us in making our Site and Service available, and to perform information processing on our behalf.  We require these third parties to process PII 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 PII.

We may disclose your PII without seeking your consent: (i) when we reasonably believe that we are required to do so by law, regulation or other government authority, 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,  the Terms of Service, and/or any other terms or conditions applicable to your use of the Site and Service; (iii) to protect and defend the property and other rights of Fordela and/or third parties; and/or (iv) to protect the safety of our employees, agents, or users of our Site and Service, including as required to detect and prevent fraud, security, or technical issues.  
Except as noted above, we will not share your PII with any other company or organization without your prior consent, except that we may transfer your PII to: (i) any current or future parent, affiliate or subsidiary of Fordela’s; or (ii) a successor entity upon a sale, merger, consolidation or other corporate reorganization in which Fordela participates; provided however, that we will require your PII to be protected by a privacy policy does not reduce the rights you have under this Privacy Policy.  
Deletion of PII

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

 

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 and Services.  For example, a cookie can store your log-in information and Service 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 will not be able to effectively use the Service if your cookies are disabled.  We use cookies to assist us with Site and Services administration, for contacting and analyzing users, to improve the results of our Services, and for research and development.  We may associate information that we derive from cookies associated with your use of the Site and Service, with your PII.

 

Aggregate Information

The Site may track the total number of visitors to our Site and the number of users of our Service, the number of visitors to each page of our Site and Service, browser types, IP addresses, External Web Sites (defined below) linked to our Site and Services, 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 PII.  We may use such aggregate information to analyze trends, administer the Site and Services, gather broad demographic information about aggregate use, in each case for our use in developing, providing and improving the Site and Services, and for the other uses specified in this Privacy Policy.

 

Links to Third Party Sites

The Site and Service may provide links to other web sites or resources over which Fordela does not have control (“External Web Sites”).  Such links do not constitute an endorsement by Fordela of those External Web Sites.  You acknowledge that Fordela is providing these links to you only as a convenience, and further agree that Fordela is not responsible for the content of such External Web Sites.  Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

 

Security

We employ procedural and technological security measures that are reasonably designed to help protect your PII from loss, unauthorized access, disclosure, alteration, or destruction.  Fordela uses firewalls, password protection, encryption, secure data connections, and other security measures to help prevent unauthorized access to your PII.  While we strive to do our best to protect your privacy, Fordela cannot guarantee that unauthorized access to your PII will never occur.

 

Children’s Privacy

Fordela 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 Service are only intended for persons who are aged 13 or older; the Site and Service are not intended for persons under 13 and Fordela does not knowingly collect PII from such persons.  If you are under the age of 13, your parent or legal guardian cannot consent to your use of the Site and Service.

 

Location

The Site is administered and operated from San Francisco, California, United States of America.  Any offer for any product or service on the Site or through the Service is void where prohibited.  If you choose to access the Site or Service from outside the United States of America, you do so on your own initiative and you are solely responsible for complying with applicable local laws, rules and regulations.  You hereby represent and warrant that you are permitted to access the Site and use the Service under the laws of the jurisdiction from which you access the Site and Service.

 

Questions

If you have any questions regarding this Privacy Policy or the manner in which we use your Information, please contact us via email at privacy@fordela.com, or write to us at:

Privacy 
Fordela Corporation
900 Kearny Street, 5th Floor
San Francisco, CA 94133

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