AXENTIS Inc. ("AXENTIS") has created this Privacy Policy in order to inform you of AXENTIS' commitment to privacy. The following discloses AXENTIS' information gathering and dissemination practices for this Web Site (the "Site"). AXENTIS Inc., may have other websites which may contain their own applicable privacy policies. Your visits to those sites will be governed by the privacy policies, if any, that govern those sites.

PLEASE REVIEW THIS PRIVACY POLICY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT USE THE SITE. THIS PRIVACY POLICY GOVERNS THE USE OF THE WEB SITE AND APPLIES TO ANY INFORMATION YOU MAY SUBMIT TO THIS WEB SITE. BY SUBMITTING ANY PERSONAL INFORMATION TO THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.

Your use of this Site and the terms of this Privacy Policy are also subject to the Terms of Use. Please review those Terms of Use for additional detail regarding your use of this Site.

GENERAL INFORMATION

IP Addresses and Cookies

Generally speaking, you may visit the Site while remaining anonymous and not revealing any personal information.

AXENTIS uses your IP address to help diagnose problems with the Site servers, to administer the Site, to monitor Site usage, and to gather broad demographic information. Your IP address is used to help identify you and to aid in your navigation through the Site as determined by your customization options, if any. AXENTIS also may aggregate the IP address with other information to create anonymous Site statistics. AXENTIS does not, however, use your IP address to collect personal information about you.

This Site also uses "cookies" to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. AXENTIS also uses cookies to allow you to use features or services that you decide to select, or to keep track of usage services or links provided on the Site. AXENTIS does not, however, use cookies to collect personally identifiable information about you.

Submission of Personal Information

Certain portions of the Site may require that you submit some personal information, such as your name and email address, before using those portions of the Site. At minimum, you are typically required to register with the Site and provide your name or email address before using any of the “members only” areas of the Site. For some services, such as accessing any support or download sections, registering for events, or requesting a demo CD, you may have to create an account, and submit additional personal information such as your mailing address. You may also be required to submit information such as your name and email address before you will be authorized to post information on the Site.

You may set your browser to decline cookies. Although in most cases you may refuse cookies and still fully navigate our Site, access or use of certain parts of the Site may not be possible without the use of cookies.

Use of Personal Information

AXENTIS may use personal information you submit to the Site to provide the services and information you select, to better understand its customers, to provide better products and services, and to assist AXENTIS with the Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by AXENTIS to enforce the Terms of Use and other terms or conditions applicable to any portion of the Site.

AXENTIS also uses this information to send you information about AXENTIS or topics AXENTIS thinks may be of interest to you, such as product information or updates. As part of its business, AXENTIS works with other authorized partners, to provide you with the services and information described above. As part of those activities, AXENTIS may share your information with those authorized entities so that they can directly provide the information or services to you.

Third Parties

AXENTIS does not sell to third parties information you have submitted to this Site that identifies you personally.

On occasion, AXENTIS may offer in conjunction with third parties certain services that may require you (or AXENTIS) to share your personal information with that third party as a condition for providing that service. While AXENTIS will treat any information it receives in accordance with this Privacy Policy, AXENTIS will not be responsible for the information submitted by you to that third party, and AXENTIS reminds you to review the applicable rules and any third party's applicable privacy policies separately before participating in such service.

Declining Information

You can always change your mind; see the Accept/Decline section below. Please note that it may take us a reasonable amount of time to implement your request, but once we do, we will no longer use and/or process your personal information. AXENTIS reserves the right to keep a blocked copy of your personal information for the maximum term permitted under applicable law.

Even if you decline to receive information or cancel any account or profile, AXENTIS reserves the right to maintain and, where necessary, use the personal information you previously provided to contact you about legal or regulatory administrative matters relating to your use of any portion of the Site, your account, or about any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in-effect, but only to the extent that such use is necessary for the resolution of any open issues that may exist after you have declined to receive information or cancelled your account or profile.

NOTICE TO EUROPEAN USERS

Please note that the information you enter on the Site or otherwise provide to AXENTIS may be transferred outside of the European Economic Area, for purposes of processing, by AXENTIS, Inc. a company located in Cleveland, Ohio, U.S.A., or its subsidiaries or divisions, or authorized partners, located worldwide, including countries which may not offer an equivalent level of protection to that required in the European Union, in order to provide this Site and its services to you. In particular, you are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Protection Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31)

Article 26 of the European Union's Data Protection Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection.

By agreeing to this Policy, you consent to the transfer of all such information to the United States and other countries which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information as described in this Policy.

Law Enforcement and Posted Information Exceptions

One exception to this Privacy Policy is that AXENTIS may provide information you submit to this Site to law enforcement authorities. As noted in the Terms of Use, AXENTIS intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to AXENTIS or on this Site. Such orders or requests supersede the terms of this Privacy Policy.

Aggregation and Use of Anonymous Data

AXENTIS does aggregate all information provided by you to create anonymous statistical and demographic data. This anonymous data helps AXENTIS to understand and know its customer base better. That anonymous data may be provided to third parties but never in such a fashion as to identify you personally.

Links to Other Sites and Advertising

This Site contains links to other sites not operated by AXENTIS. AXENTIS is not responsible for the privacy practices or the content of those web sites, nor is AXENTIS responsible for the separate AXENTIS Enterprise™ web-sites. Please be sure to review the privacy policies of those sites.

This Site may display advertisements and/or links to third parties. These advertisements or links may contain cookies placed by those third parties. AXENTIS is not responsible for those advertisements, the web sites to which they are linked, or how any other linked sites, may use their own cookies or information.

Surveys

From time to time AXENTIS may make online surveys available to users of the Site. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an email address, in addition to requesting answers to survey questions. AXENTIS may use that personal information to contact the participant if necessary, or as otherwise described above. AXENTIS may make the results of any survey publicly available, although AXENTIS will not attribute any particular response to you without your permission.

On occasion AXENTIS may make available to users of the Site contests or similar events in which they may qualify for participation. Participation is always voluntary and subject to the applicable rules. The rules may ask participants to provide personal information as a condition of participation. AXENTIS may also make the winner's names public, as provided in the applicable rules, or as required by applicable law. AXENTIS may also use that information as described above. In some instances, the applicable rules may contain additional or different uses for the information you provide; please be sure to review those rules carefully before entering.

AXENTIS may permit a third party to sponsor a survey, contest, sweepstakes, or other similar event ("third party event") with AXENTIS, such as through posting it on the Site. Such third party events are governed solely by any applicable rules, and may require you to provide information to that third party as a condition for participation. While AXENTIS will treat any information it receives in accordance with this Privacy Policy, AXENTIS is not responsible for the information gathered by that third party, and AXENTIS reminds you to review the rules and privacy policies separately applicable to those third party events.

SECURITY

General Issues

This Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Since the Site under general usage does not collect financial information, AXENTIS uses the standard internet connections for those general usage portions of the Site, without secured sockets.

Specific Services

This Site may provide certain additional, optional services that may use additional security measures to protect the information, such as financial information, provided by you to obtain the service. Those additional security measures may vary, depending upon the particular service offered. You will be informed of any specific security measures at the time you to use a particular service. Please review that information for further detail.

Site Registration

In some cases, you may be prompted to register with the Site to undertake a particular Site activity or obtain a particular service. As part of that registration, you may be asked to choose your own password. AXENTIS reminds you to protect your password, and not provide it to others to use. Allowing others to access and use your account and password can compromise the security of your information. AXENTIS disclaims any responsibility or obligation for your decision to provide your password to others. Access by means of such password will at all times be deemed made by you, and you will be responsible for any such access.

You will at all times be responsible for the security and confidentiality of your password and will be liable for any damages caused by any unauthorized use, disclosure or loss of such password. You will be responsible for any access to your account and damages arising there from prior to reception of such notification by AXENTIS.

CHANGES TO THIS POLICY

If and when AXENTIS makes changes to this Site, AXENTIS may have to update this Privacy Policy to better reflect those changes. But no update to this Privacy Policy will, in itself, alter the choice you already made about how AXENTIS can use your personal information without your consent (except where legally permitted). Because changes to this Site or updates to this Privacy Policy may occur, you should review this Privacy Policy from time to time. Remember, your decision to continue using this Site after this Privacy Policy is updated will signify that you have agreed to any new Privacy Policy terms.

ACCEPT/DECLINE

Typically you accept to receive communications when you submit information to the Site. If you wish to remove your information from the Site registration database and no longer receive future communications or use any services, you may do so through any of the methods described below. Please note that it may take us a reasonable amount of time to process your request.

1. The Profile section of this Site may permit you to change a previous selection and decline to receive further communications, or to delete your registration.

2. A particular service may have an Administration section that allows you to change any previous selections for that service.

3. You can send an email to webmaster@AXENTIS.com for assistance in deleting/changing your prior selections.

CORRECT/UPDATE

This Site gives users the following options for changing and modifying information previously provided.

1. The Profile section of this Site may permit a registered user to change or modify information previously provided.

2. A particular service may have an Administration section that allows you to change or modify information you previously provided for that service.

3. You can send an email to webmaster@AXENTIS.com for assistance in deleting/changing your prior selections.

CONTACTING THE WEB SITE

If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact the Webmaster at the following address and e-mail:

AXENTIS Web Development
AXENTIS Inc.
Skylight Office Tower
1660 West Second Street
Suite 250
Cleveland, OH 44113
webmaster@AXENTIS.com

DISCLAIMERS

AXENTIS intends to take reasonable precautions to abide by this Privacy Policy. Nevertheless, in the event that AXENTIS does not comply with all terms contained in this Privacy Policy, you agree by using this Site and by submitting information to this Site that your sole and exclusive remedy against AXENTIS will be to have AXENTIS promptly correct the handling of your information in the future to accord with this Privacy Policy, and to notify anyone to whom AXENTIS directly transferred any information of the correct information or to cease using such information.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, AXENTIS INC. DISCLAIM ANY OTHER OBLIGATION, LIABILITY, OR WARRANTY TO YOU FOR ANY OTHER ACTION, INACTION, OMISSION, OR OTHER ACTIVITY THAT IS NOT IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, ITS TERMS, OR ITS DISCLAIMERS, THEN YOU SHOULD NOT USE THIS SITE.

UNDER NO CIRCUMSTANCES SHALL AXENTIS INC., AND/OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) (WHETHER DIRECT OR INDIRECT) ARISING OUT OF OR CONNECTED WITH THIS PRIVACY POLICY, OR THE FAILURE OF AXENTIS INC., OR THEIR SUPPLIERS OR LICENSORS TO ADHERE TO IT, EVEN IF AXENTIS INC., AND/OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, THIS SECTION SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

Last Updated December 8, 2006.