Welcome to the TrakMotive, Inc. (“TrakMotive,” “us” or “we”) Web site located at www.TrakMotive.com (“Site”). This Privacy Statement addresses TrakMotive’s practices regarding information collected from users of the Site and only addresses information collected directly through or from the Site – it does not address or govern any information gathering, use, or dissemination practices related to information collected from the user (referred to as “you” or “your”) other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. TrakMotive can be contacted at sales@TrakMotive.com or by telephone at 800-567-1068. This Privacy Statement is incorporated into TrakMotive’s Terms and Conditions located at www.TrakMotive.com by reference, as if set forth fully therein, which must be reviewed and accepted by you.
1. COLLECTION OF PERSONAL INFORMATION FROM SITE USERS
Except as specifically set forth herein, TrakMotive may collect or track (a) the domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser for users of the Site; (b) the e-mail addresses of users that communicate with TrakMotive via e-mail; (c) information knowingly provided by the user in online forms, text message alerts, registration or membership forms, contest entries, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data); and (d) aggregate and user-specific information regarding which pages a user accesses.
TrakMotive may place Internet “cookies” on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many web sites frequently send to your web browser to be stored on your computer’s hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a site you have viewed. When you revisit the Site, TrakMotive may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available.
TrakMotive may use Google Analytics or a similar service to gather, store, and track certain information related to your visit to and activity on the Site. When a user performs a search within the Site, TrakMotive may record information identifying the user or linking the user to the search performed and recording information related to the search request.
2. USE OF PERSONAL INFORMATION COLLECTED
Personal information collected by TrakMotive may be used by TrakMotive for many reasons, for example, for recordkeeping, editorial and feedback purposes, marketing and promotional purposes, statistical analysis of users’ behavior, product development, content improvement, or to customize the content and layout of the Site. Aggregate data on users’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and email addresses, phone numbers, and other personal information which users voluntarily provide to TrakMotive may be added to TrakMotive’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.
From time to time, we may need to contact you for customer-related activities. You agree that we may use your personal information for such customer-related contacts with you. We may also desire to contact you for market research purposes or to provide you with marketing information we think would be of particular interest. You will have the option of not being contacted by TrakMotive and opting-out of such contacts by setting the appropriate option in your profile or unsubscribing to such correspondence.
Without limiting the foregoing, TrakMotive has the right, but not the obligation, to monitor any and all communications posted to the Site. Such voluntary information posted by you may be collected and used by TrakMotive in accordance with this Privacy Statement.
3. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
Except as provided herein, individually identifying personal information provided through the Site will not be sold or otherwise disclosed to third parties not affiliated with TrakMotive.
Personal information provided through the Site may be used and disclosed to other entities and/or business partners in the operation of the Site in order to provide the products or services requested and for marketing and promotional purposes. Aggregate data on users’ home servers and individually identifying information, such as names, postal and e-mail addresses and phone numbers, may be provided to third parties such as marketing firms. Identifiable and non-identifiable user information and data may be disclosed or distributed to another party with which TrakMotive enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by TrakMotive in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of TrakMotive or any other person or entity.
While TrakMotive may undertake efforts to see that any third party to which TrakMotive shares, rents, sells, or otherwise discloses personal information is under a contractual obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which TrakMotive exercises no control. TrakMotive is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
4. SECURITY MEASURES AND COMMUNICATING WITH TRAKMOTIVE
TrakMotive has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite TrakMotive’s efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from TrakMotive via this Site or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, TrakMotive is not responsible for the security of information transmitted via the Internet.
5. LINKS TO OTHER SITES
6. OPT-OUT RIGHT
Except as necessary to obtain the products, services, or information requested, you may opt out of having your personal information, which has been voluntarily provided to TrakMotive through online forms, membership or registration forms and profiles, contest entries, surveys, e-mail, or other online avenues, prospectively retained by TrakMotive, used by TrakMotive for secondary purposes, or disclosed by TrakMotive to third parties, by contacting TrakMotive via e-mail, or telephone at the addresses set out above. This provision does not apply to the collection of the type of Web browser of the user to the Site or to information provided or collected that does not meet the description in this Section 6.
7. PRIVACY OF CHILDREN
The Site is not intended for children under the age of 13. It does not knowingly collect personal information online from users in this age group. All users must be at least 18 years of age in order to use the Site and to provide information to the Site.
8. ACCESS TO AND ABILITY TO CORRECT PERSONAL INFORMATION
Upon your request via email or telephone, TrakMotive will provide you with a summary of any personal information retained by TrakMotive that has been voluntarily provided by you to TrakMotive through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue. You may modify, correct, change or update your personal information by contacting TrakMotive via postal mail, e-mail, or telephone at the addresses or numbers above.
9. RIGHT TO CHANGE PRIVACY STATEMENT
TrakMotive may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site for at least twenty (20) days after the change. It is the obligation of users returning to the Site to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any user who has visited the Site before the change was made.
10. YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your personal information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please email your request to sales@TrakMotive.com or write us at the address above.