MiserWare

Privacy Statement

Privacy Policy

LAST UPDATED May 12, 2009

MiserWare believes that ensuring that you understand and agree to our practices regarding our collection, use, disclosure, and storage of your personal information is critical to our ability to provide a site that is useful to you to enable you to get the most out of the Site. Accordingly, please review this privacy policy carefully, as well as our Terms of Use, to understand how we collect and use the personal information you decide to share and to help you make informed decisions about how to use the MiserWare.com site and the services it offers (collectively, 'MiserWare' or the 'Site'). By visiting the Site and using the services available via the Site, you are accepting the practices described in this Privacy Policy.

Please note that we reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. By continuing to use the Site after notice of changes have been sent to you or published on the Site, you are consenting to the changes.

Please read this privacy policy to learn more about:

1. What personally identifiable information of yours is collected by MiserWare.
2. How the information is used.
3. With whom the information may be shared.
4. How you can access and change your user settings.
5. What security procedures are in place to protect the loss, misuse or alteration of information collected by MiserWare.

For the purposes of this Privacy Policy, we use the term 'post' to mean the following: uploading, displaying, performing or otherwise placing content of any form or format on your user registration page, whether private or public in nature; commenting on posts, wiki entries or other content supplied by MiserWare or by other registered users or visitors to the site; sending a message within the Site or uploading materials to any other place or page within the Site.

The term 'registered user' means a visitor to the Site who has completed the registration process. Registered Users may make full use of the Site by communicating with other registered users, posting to the closed wiki, downloading certain software made available by MiserWare and viewing content that other registered users choose to make available. The term 'visitor' refers to an individual who simply accesses the Site and has the ability to view the public areas of the Site, but has not registered for the Site and therefore has not been granted access to the registered-user-only areas of the Site.

To report any violations of the Privacy Policy or to pose any questions or express any concerns, please contact us at melissa.cameron@miserware.com.

THE INFORMATION THAT WE COLLECT

When you visit the Site you provide us with two types of information: web site usage information that is collected by us as you interact with the Site and personal information that you knowingly choose to disclose as part of your use of the Site.

Cookies and Web Logs. When you enter the Site as a registered user or as an unregistered visitor, we may collect your browser type and IP address. In addition, we may store certain information from your browser using "cookies." A cookie is a data file containing a string of characters that uniquely identifies your browser and is stored on your computer. We may use cookies to improve the quality of our service by storing user preferences, personalization features and other information about the user. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to the Site. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature. In addition, our web logs automatically record information that your browser sends whenever you visit a website. These web server logs may include information such as the URL of the web page you have requested, your IP address, your browser type, your browser language, the date and time of your request to be served certain page and one or more cookies that may uniquely identify your browser. We may also record information about the URL from which you came to the Site if the associated web site contained a direct link to the Site.

Registration Information. When you register with the Site to become a registered user, you provide certain personal information, such as your name, your email address, your company and any other personal or preference information required by the registration process.

Registered User Content. After you have become a registered user, you may refer other potential registered users, send messages, perform searches and queries, and transmit information through various channels within the Site. We collect the information that you provide through these activities so that we can operate the service and offer personalized features and provide you with the latest information about MiserWare products and services. In most cases, we retain this information so that you can access it as part of your use. This includes information you have provided and modified as part of your profile.

Please understand that you post Registered User Content (as defined in the MiserWare Terms of User) on the Site at your own risk. We take commercially reasonable measures in conformance with industry standards to protect the information that you provide to us, however, no security measures are perfect or impenetrable and it is important for you to take care in how you use the Site.

Further, MiserWare cannot control the actions of other visitors to the Site with respect to the Registered User Content that you have chosen to make available on the Site. Therefore, we cannot and do not guarantee that Registered User Content that you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of Registered User Content may remain viewable in cached and archived pages or if other registered users or visitors have copied or stored your Registered User Content.

By using the Site, you are consenting to have your personal data transferred to and processed in the United States.

SEARCH ENGINES AND OTHER SITES

Search engines and other sites not affiliated with MiserWare - including archive.org, google.com, and groups.yahoo.com - archive or otherwise may crawl the Site and make available to the public publicly-available postings from the Site.

CHILDREN UNDER AGE 13

MiserWare does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for the Site or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on the Site. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 13, please contact us at .

USE OF INFORMATION OBTAINED BY MISERWARE

When you register with the Site you have the option to create your own settings with respect to how and when MiserWare may contact you. Information in your registration profile that you choose to include are used only by MiserWare for its own internal purposes. We may use your name and email address to send you notifications regarding new services offered by MiserWare or other updates regarding the Site; provided, however, that you always have the ability to opt out of receiving such communications and/or to delete your information by contacting .

MiserWare may send you service-related announcements from time to time through the general operation of the Site. While you can opt out of certain types of e-mails, MiserWare reserves the right to send you notices about your account and administrative matters even if you opt out of all voluntary email notifications.

MiserWare may use information about you or your movement or activities within the Site in an anonymous, aggregate manner that does not disclose your identity or any personally identifiable information for purposes of determining how the Site is being used and improving the Site's content and/or performance.

DISCLOSURE OF INFORMATION

MiserWare shares your information with third parties only in limited circumstances where MiserWare believes that such disclosure is reasonably necessary to provide the service, legally required or permitted by you.

MiserWare may provide information to service providers to help us operate the Site and to provide the services to you that are offered through the Site. This type of sharing may include disclosures to third parties who host the Site, help deliver e-mail updates or otherwise provide back-end services. These providers will only be able to use such information subject to MiserWare's rights to do so and on behalf of MiserWare.

MiserWare may be required to disclose registered user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards.

Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Site, or to prevent imminent harm to any person or group of people. This may include sharing information with other companies, lawyers, agents or government agencies.

If ownership of all or substantially all of the MiserWare business were to change, your registered user information may be transferred to the new owner so that the Site can continue to operate. In any such transfer of information, your registered user information would remain subject to the promises made in any pre-existing privacy policy.

LINKS

The Site may contain links to other websites. MiserWare is not responsible for the privacy practices of other web sites. MiserWare encourages its visitors to be aware when they leave the Site and to read the privacy statements of each website they visit.

WHAT CHOICES AND ACCESS DO I HAVE?

As discussed above, you can always choose not to provide information, even though it might be needed to take advantage of certain features of the Site.

You can review the personal information you provide and make changes to that information, or to the settings for your account, at any time, by logging in to your account and editing the information on your profile page.

You can change or edit your entries or comments on the Site by clicking the edit link and saving changes to your entries and content or simply using the delete button.

You can have your profile deleted by notifying MiserWare of such request at . After you make your deletion request, we will no longer display the information you provided.

If you do not want to receive e-mail from us (subject to the exceptions discussed above), you can notify us of such desire at . Alternatively, you can modify this setting in your account settings.

The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether, though if you disable the use of cookies completely, you will miss out on many of our offerings and ease of use of the site.

The Federal Trade Commission provides useful information about online privacy on its own Web site, Site Seeing on the Internet http://www.ftc.gov/bcp/conline/pubs/online/sitesee.shtm .

TERMS OF USE, NOTICE AND REVISIONS

Your use of the Site, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.

If you have any questions about this Privacy Policy, you may contact MiserWare at by writing to us at Privacy Matters, c/o MiserWare, Inc. P.O. Box 11498, Blacksburg, VA 24062. When we receive formal written complaints at this address, it is MiserWare's policy to contact the complaining registered user or visitor regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between MiserWare and an individual.