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This Privacy Policy is effective as of
April 23, 2007.
Flatburger empowers software
marketplaces by linking software sellers
(“Partners”) and software
buyers (“Buyers”) through
a unique services and technology
platform combining code protection,
licensing, quality certification,
feedback, catalog, and e-commerce
management features (the “Service”).
Flatburger also partners with certain
distributors and affiliates (“Affiliates”)
so that Partners may take advantage of
the licensing and code protection
technologies that Flatburger offers
while distributing software for download
via other channels. Providing such a
service necessarily requires Flatburger
to collect certain information about you
and your Web browsing sessions. Because
we at Flatburger understand the
importance of safeguarding your privacy,
we take this responsibility very
seriously. We are providing the
following Privacy Policy to inform you
of our policies and procedures for
collection, use, and disclosure of any
information about you that is collected
from you during your use of
Flatburger.com (“Site”)
that, on its own or in combination with
other identifiers, can be used to
contact or identify you and any
information that is stored or used in
association with such identifying
information (“Personal Information”).
For the purpose of this Privacy Policy,
Personal Information does not include
your IP address. We explain how we will
use your IP address in more detail
below.
Information We Collect and Use
We
use your Personal Information primarily to
provide and improve the Service. We also use
your Personal Information when you contact
us for technical support and to better
understand how our Site and Service are
used, as further explained below.
Prior to buying or selling software via the
Service, downloading Flatburger white
papers, or actively participating in the
Flatburger forums or blogs, you must
register for a Flatburger account. During
registration, we request the following
information: name, email address, user ID,
display name, account password, website URL,
city, state/province, country, company name,
and occupation. Flatburger will use that
information to provide the Service. If you
are a Buyer or Seller, Flatburger may
collect additional Personal Information, as
set forth in the “Buyers” and “Partners”
sections below.
In
some cases, we collect Personal Information
from you if you have not created an account,
or have not signed in to your account. If
you ask to join the Flatburger email list in
order to receive electronic newsletters or
similar information, we will collect your
email address. Flatburger will use email
addresses collected in this context to send
you such information. We will not share your
email address with third parties nor send
you marketing or advertising messages at
that address (unless you have provided us
with that same email address in connection
with a registered account and have expressly
agreed to receive such messages). We also
collect your email address and that of a
third party when you use our Tell-A-Friend
service (See “Tell-A-Friend” below). In
addition, for all visitors to the
Site—registered or not—Flatburger collects
certain Site Usage Data (defined below).
Tell-A-Friend
If
you choose to use our referral service to
tell a friend about our site, we will ask
you for your friend’s name and email
address. We will automatically send your
friend a one-time email inviting him or her
to visit the site. Flatburger stores this
information for the sole purpose of sending
this one-time email, and tracking the
success of our referral program.
Your friend may contact us at
privacy@Flatburger.com
to request that we remove this information
from our database.
Buyers
If
you have registered as a Buyer through the
Service, in addition to the information
described above, Flatburger will also
collect certain financial information in
order to process your payments. If you pay
using a credit card, we will collect your
credit card information, including your
credit card number, billing address and
phone number, and any related information
necessary to process credit card
transactions. In some cases, Flatburger may
offer the ability to pay using PayPal. If
you choose to pay via PayPal, PayPal will
collect and store any information that you
submit during the PayPal account creation
process. Refer to the
PayPal privacy policy
for more information about PayPal’s privacy
practices. During the payment process,
PayPal transfers to Flatburger your PayPal
user ID, your PayPal email address (if
different from the PayPal user ID), your
postal address, the amount of the
transaction, method of PayPal payment, and
your phone number. We will use the collected
credit card and PayPal information to
process payments for software available via
the Service (“Software”) and
for any associated Service fees. Over time,
Flatburger will compile a transaction
history showing each purchase you have made
using the Service (your “Purchase
History”). Flatburger will use your
Purchase History to improve the Service and
to guide you to additional products or
services in which you may be interested.
When you install Software on a website, the
Software will request an activation key.
After you enter an activation key, the
Software will send the activation key,
machine name, and website name (as specified
in the Internet Information Services
metadata) to Flatburger. The Software will
also send this information to Flatburger if
a license has expired or you try to access
an unlicensed feature of the Software. If
the Software license fees are recurring, the
Software will send a web service request to
Flatburger each time the Software is first
used after the start of each new billing
period. Similarly, if the Software is
configured to track usage, the Software will
store such usage information in an encrypted
file (local to the server on which it is
installed) and send that information to
Flatburger periodically, on an interval that
the Partner providing that Software has
defined. License activation keys and usage
counts alone are not identifying
information; they become Personal
Information only when received by Flatburger
and correlated with the rest of a Buyer’s
account information. Flatburger uses this
correlated information to provide and
improve the Service. Flatburger will share
personally identifiable activation and usage
information only with Partners who have
licensed the Software to which that
information pertains.
Flatburger will share your contact
information with those Partners who provide
the software you license so that those
Partners may provide any software support,
software updates, or other services offered
as part of your license to the software. In
each Partner’s agreement with Flatburger,
the Partners are prohibited from sharing
your Personal Information with any third
parties and are encouraged to describe their
privacy policies on the “Software License
Interface” page for each software title they
offer via the Service. Before seeking a
license from any Partner, you should review
that Partner’s privacy policy—some Partners
state that they will use your information
for other purposes, such as marketing.
Download Software Disclosure
The TRUSTe program only covers information that
is collected through this Web site, and
does not cover information that may be
collected through any software downloaded
from this Web site.
Licensed Software in
Other Channels
The
Flatburger system enables Partners to
package their software using Flatburger
technology and then distribute that packaged
software directly, or through Affiliates, to
Partner customers (“Channel Customers”).
In such case, to support the Flatburger
licensing and rights management technology,
Flatburger collects the following
information from the Buyer: name, email
address, mailing address (including your
state and country of residence), and
information about the licensed software such
as its name and unique security identifier.
This information is shared with the
corresponding Partner in order to support
that Partner’s licensing of that software as
set forth in the foregoing paragraph.
Partners
During the Partner registration process,
Flatburger requests the following
information: name, user ID, password, email
address, website URL (optional), mailing
address (including street, city,
state/province, zip code, and country),
telephone number, fax number (optional),
preferred language, and time zone. If you
are a Partner, we may also collect your
credit card information, including your
credit card number and any related
information necessary to process credit card
transactions. Flatburger will use this
information to provide the Service,
including without limitation making Partner
software available to Buyers, processing
Buyer payments on behalf of Partners,
communicating with Buyers and Sellers
regarding the Service, and improving the
Service. Flatburger will share your contact
information with Buyers who have licensed
your Software so that those Buyers may
request support, software updates, or other
services offered as part of your license to
the software.
Feedback, Forum Posts,
Email
From time to time Flatburger will ask for
your feedback via surveys. Flatburger will
use any Personal Information collected
during surveys to improve the Service.
Any
Personal Information you post in the
Flatburger Community Forums will be stored
on Flatburger servers and used by Flatburger
to improve the Service. Flatburger cannot
prevent other users from using or disclosing
Personal Information you post in the
Flatburger Community Forums.
There are a number of email addresses
through which you may email Flatburger. When
you send an email to Flatburger your full
name and email address are transmitted to
Flatburger. Any other Personal Information
you choose to include in an email message is
also transferred to and stored on Flatburger
servers. Any Personal Information included
in an email message to Flatburger will be
used by Flatburger to respond to that
message and to improve the Service. However,
we may extract certain Non-Identifying
Information from the collection of email
message we have received as described below.
If
you use a forum or blog on this site, you
should be aware that any personally
identifiable information you submit there
can be read, collected, or used by other
users of these forums, and could be used to
send you unsolicited messages. We are not
responsible for the personally identifiable
information you choose to submit in these
forums. Flatburger reserves the right to
terminate accounts of visitors who use these
services in a manner inconsistent with the
Terms of Use of this website.
Site Usage Data and
other Non-Identifying Information
When you visit the Site, we automatically
collect non-identifying data about your
visit through the use of log files, such as
your browser type, the pages you visit, the
search terms you use, and any advertisements
on which you click (“Site Usage Data”).
We also collect your IP address
automatically when you visit the Site or use
the Service. Your IP address is treated as
Site Usage Data for the purpose of this
Privacy Policy.
We
may cull certain data from within the set of
Personal Information we collect from you
that, on its own, does not identify you in
any way (which, together with Site Usage
Data, constitutes “Non-Identifying
Information”). We may combine your
Personal Information with Non-Identifying
Information and aggregate the combined
information with information collected from
other Flatburger users in order to improve
the quality and value of the Service and
analyze and understand how our Site and
Service are used.
We
do not link this automatically-collected
data to personally identifiable information.
We use a third-party tracking service that
uses cookies [log files] to track
non-personally identifiable information
about visitors to our site in the aggregate
for recording usage and volume statistics
for the purpose of monitoring traffic.
Cookies and Web Beacons
Like many websites, we use “cookies” to
collect information. A cookie is a small
data file that we transfer to your
computer’s hard disk via your web browser.
We use cookies for two purposes. First, we
use persistent cookies to save your
registration ID and login password for
future logins to the Site. Second, we
utilize session ID cookies to enable certain
features of the Site, to better understand
how you interact with the Site, and to
monitor aggregate usage by users and web
traffic routing on the Site. These cookies
are not tied to your personally identifiable
information. Unlike persistent cookies,
session cookies are deleted from your
computer when you close your browser. Third
party advertisers on the Site may also place
or read cookies on your browser. We have no
access or control of these third party
cookies. You can configure your browser to
stop accepting cookies or to prompt you
before accepting a cookie from the websites
you visit. However, if you do not accept
cookies you may not be able to use all
portions of the Site or all the
functionality of the Service. You can learn
more about the use of cookies by visiting
the
Network Advertising Initiative
or
Wikipedia, HTTP Cookie.
Certain Partners offer software “skins”
through the Service and may utilize a Web
beacon, clear gif, or pixel tag (“Web
Beacon”) as part of the skin in
order to track the websites on which the
skin is installed for licensing enforcement
and record keeping purposes. The only
information collected by Flatburger using a
Web Beacon is the IP address of the computer
that fetched the Web Beacon, the time the
Web Beacon was viewed, the type of browser
that fetched the Web Beacon, and, in some
cases, a previously set cookie value. We do
not collect any other Personal Information
via the Web Beacon. For more information on
Web beacons see
http://www.allaboutcookies.org/web-beacons/.
We do not have any access or control of
these third party Web Beacons.
Phishing
Identity theft and the practice currently
known as “phishing” are of great concern to
Flatburger. Safeguarding information to help
protect you from identity theft is our top
priority. We do not and will not, at any
time, request your credit card information,
your account ID, login password, or national
identification numbers in a non-secure or
unsolicited e-mail or telephone
communication. For more information about
phishing, visit the Federal Trade
Commission’s
website.
Information Sharing
As
a necessary and crucial part of providing
the Service, Flatburger will share Buyer and
Partner Personal Information with the
corresponding Partners and Buyers that have
licensed Software to which such Personal
Information relates. For example, if a Buyer
has licensed Software from a Partner and
that license includes Software upgrades and
a limitation on the number of activations,
Flatburger will share the Buyer’s contact
information with that Partner and provide
that Partner with the activation counts that
are transmitted to Flatburger by the
Software. Partners are contractually
obligated to safeguard such Personal
Information and to use it only in connection
with the Service. Partners may not share
your Personal Information with any third
party. Although Flatburger requires its
Partners to observe fair and reasonable
practices in handling your Personal
Information, we suggest that you review the
privacy policy and privacy practices of a
Partner prior to licensing any Software from
that Partner.
If
you post messages to the Flatburger forums,
your user ID and public profile will be
shared with other visitors to the forum
site. If your user ID or public profiles
contain your name or any other personally
identifying information, visitors to the
forums will be able to personally identify
you. For this reason, we recommend that you
choose a user ID that does not personally
identify you and that you avoid disclosing
personally identifiable information in your
public profile.
You
may also become part of our directory (photo
and link to your site) by contacting us at
support@Flatburger.com.
You may be removed from this directory by
contacting us at the same address.
We
share aggregated Non-Identifying
Information—including aggregated Site Usage
Data but excluding your IP address—with
third parties for industry analysis,
demographic profiling, and other purposes,
but these third parties may not use this
information for their own marketing
purposes.
Third Party Service
Providers
We
may employ third party companies and
individuals to facilitate the Service, to
provide the Service on our behalf, to
perform Site-related services (for example,
without limitation, maintenance services,
database management, Web analytics, and
improvement of the Site’s features), to
process credit card transactions, or to
assist us in analyzing the usage patterns of
our Site and Service. We will share your
Personal Information and IP address with
such service providers only to perform these
tasks on our behalf. Third party service
providers are contractually obligated not to
disclose or use your Personal Information or
IP address for any other purpose and not to
use your Personal Information for their own
marketing purposes.
Compliance with Laws and
Law Enforcement
Flatburger cooperates with government and
law enforcement officials and private
parties to enforce and comply with the law.
We will disclose some or all of your
Personal Information and your IP address to
government or law enforcement officials or
private parties as we, in our sole
discretion, believe necessary or appropriate
to respond to claims and legal process
(including without limitation subpoenas and
notice of class certification), to protect
the property and rights of Flatburger or a
third party, to protect the safety of the
public or any person, or to prevent or stop
any illegal, unethical, or legally
actionable activity.
Business Transfers
Flatburger may sell, transfer, or otherwise
share some or all of its assets, including
your Personal Information and IP address, in
connection with a merger, acquisition,
reorganization, or any form of sale of some
or all of its assets, or in the event of
bankruptcy. If Flatburger becomes involved
in such a merger, acquisition,
reorganization, or sale, we will provide
prominent notice on our web site 30 days
prior to such transfer to you before your
Personal Information is transferred and
becomes subject to a different privacy
policy.
Accessing
and Changing Your Information
You
may review, update, and delete certain
Personal Information via the
Buyer Portal. Once you have chosen a
user ID, you cannot change it. Although you
can change your credit card information and
other payment information, you cannot modify
or delete your Purchase History or any
software licensing information. If you wish
to delete your account, please contact
Flatburger
customer service.
If we delete your account at your request,
we may retain your user ID and Purchase
History for record keeping purposes and to
comply with certain legal obligations.
Security
Flatburger places great importance on the
safety and security of your Personal
Information. When feasible, we employ
administrative, physical, procedural, and
technological measures—including strong
encryption of most data—in an attempt to
protect your information from unauthorized
access and use. Flatburger uses SSL
encryption of all personal and transactional
information during transit. All data is
stored on servers that are located behind a
firewall.
We
follow generally accepted industry standards
to protect the personal information
submitted to us, both during transmission
and once we receive it. No method of
transmission over the Internet, or method of
electronic storage, is 100% secure, however.
Therefore, while we strive to use
commercially acceptable means to protect
your personal information, we cannot
guarantee its absolute security.
We
will make any legally required disclosures
of any compromise of the security,
confidentiality, or integrity of your
unencrypted electronically stored Personal
Data (as defined in applicable state
statutes on security breach notification) to
you via email or conspicuous posting on this
Site in the most expedient time possible and
without unreasonable delay, insofar as
consistent with (i) the legitimate needs of
law enforcement or (ii) any measures
necessary to determine the scope of the
breach and restore the reasonable integrity
of the data system.
If
you have any questions about security on our
Web site, you can email us at
support@Flatburger.com.
Emails from Flatburger
Flatburger sends two types of emails: system
emails and optional emails. System emails
contain critical Service information.
Optional emails contain Flatburger news and
may contain product and service offers. You
cannot opt out of receiving system emails;
as long as you have an account with
Flatburger you will receive such emails. For
optional Flatburger emails, you may specify
in your account settings whether you wish to
receive such emails. In addition, optional
emails will contain information in the
footer of those emails describing how you
may unsubscribe.
Links to
Other Sites
Our
Site contains links to other websites,
including without limitation Affiliate
sites, DotNetNuke sites, and advertiser
sites. The fact that we link to a website or
present a banner ad or other type of
advertisement is not an endorsement,
authorization, or representation of our
affiliation with that third party, nor is it
an endorsement of their privacy or
information security policies or practices.
We do not control third party websites.
These other websites may place their own
cookies or other files on your computer,
collect data, or solicit personal
information from you. This Privacy Policy
only addresses the use and disclosure of
information that we collect from you through
the Site and the Service. Other websites
follow different rules regarding the use or
disclosure of the personal information you
submit to them. We encourage you to take
note of the website you are submitting
information to and to read the privacy
policies or statements of those sites.
Our
Policy Toward Children
This Site is not directed to children under
18 years of age. If a parent or guardian
becomes aware that his or her child has
provided us with Personal Information
without their consent, he or she should
contact us at privacy@Flatburger.com. If we
become aware that a child under 13 has
provided us with Personal Information, we
will delete such information from our files.
TRUSTe
Certification
Flatburger is a licensee of the TRUSTe
Privacy Program. TRUSTe is an independent,
non-profit organization whose mission is to
build user’s trust and confidence in the
Internet by promoting the use of fair
information practices. This privacy
statement covers the Web site
www.Flatburger.com.
This privacy policy does not cover other
Flatburger sites. Because this Web site
wants to demonstrate its commitment to your
privacy, it has agreed to disclose its
information practices and have its privacy
practices reviewed for compliance by TRUSTe.
If
you have questions or concerns regarding
this statement, you should first contact
Brett Juchem at
juc.bre@Flatburger.com.
If you do not receive acknowledgement of
your inquiry or your inquiry has not been
satisfactorily addressed, you should contact
TRUSTe at
http://www.truste.org/consumers/watchdog_complaint.php.
TRUSTe will then serve as a liaison with us
to resolve your concerns. The TRUSTe program
covers only information that is collected
through this Web site, and does not cover
information that may be collected through
software downloaded from the site.
Contacting Us
If you have any questions
about this Privacy Policy, please contact:
privacy@Flatburger.com
Or write to:
Flatburger, Inc.
River Triangle
270 River Street, Suite 405
Troy, NY 12180
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