Softarex Technologies Privacy Policy

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE CONTINUING TO USE SOFTAREX TECHNOLOGIES’S SERVICE AND WEBSITES (AS SUCH TERMS DEFINED IN SOFTAREX TECHNOLOGIES’S TERMS OF SERVICE ). ALSO NOTE THAT BY CONTINUING TO USE SOFTAREX TECHNOLOGIES’S SERVICE AND WEBSITES YOU WILL BE DEEMED TO HAVE ACCEPTED THIS PRIVACY POLICY. Your use of the Softarex Technologies’s Service and Websites provided herein, is subject to this privacy statement (“Privacy Policy”) and Softarex Technologies’s Terms of Service located at:Terms of Service

Softarex Technologies complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Softarex Technologies has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Softarex Technologies’s certification, please visit http://www.export.gov/safeharbor/

We self-certify compliance with

Softarex Technologies has a strong commitment to providing superior Service to all of its customers, and particularly Softarex Technologies respects your concerns about privacy. As you use our Service and Websites, we may gather certain personal and other information from you. We have created this Privacy Policy to inform you of the type of information we gather, what we do with that information, and the circumstances under which we may disclose your information. We ask that you please read this Privacy Policy carefully prior to using our products, and the Service and Websites.

We will not sell or rent your personally identifiable information or a list of our users to third parties. However, as described in greater detail below, there are limited circumstances under which some of your information may be shared with third parties, under strict restrictions. This Privacy Policy contains numerous general and technical details describing the steps that we take to protect your privacy. We have organized this Privacy Policy by major topic areas so that you can quickly locate to the information of most interest to you. Meeting your needs and expectations forms the foundation of everything that we do —including protecting your privacy. If after reviewing this Privacy Policy you still have questions or privacy concerns please contact us and our technical support for the Service and Websites at: www.softarex.com, www.codenforcer.com, and www.gigzone.com.

Summary

This Privacy Policy will inform you of the following: (1) the type of personally identifiable information we collect through our Service and Websites as well as our products, and the Service and Websites; (2) how your information is used; (3) with whom your information may be shared; (4) what choices are available to you regarding the collection, use, and distribution of your information; (5) the security procedures in place to protect your information; and (6) how you can access and correct any inaccuracies in the information collected about you.

Although we do our best to make sure that all our agreements with users are mutually compatible, should there arise any conflict between this Privacy Policy and another agreement between you and Softarex Technologies, the terms of the other agreement will control any dispute that may arise.

A note about our Service and Websites: By using Softarex Technologies’s Service and Websites, you agree that this Privacy Policy and any other agreement relating to Softarex Technologies’s Service and Websites shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. If you are a resident of the United States, for purpose of determination of personal jurisdiction, the federal and state courts within the Commonwealth of Virginia shall have exclusive jurisdiction to adjudicate any dispute arising out of this Privacy Policy. You agree that this Privacy Policy is to be performed in the Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based on this Privacy Policy, or arising out of or related to this Privacy Policy or any alleged breach thereof, shall be prosecuted exclusively in the state and federal courts of the Commonwealth of Virginia, and you, to the extent permitted by applicable law, hereby waive the right to change venue to any other state, county, district or jurisdiction; provided, however, that Softarex Technologies as claimant shall be entitled to initiate proceedings in any court of competent jurisdiction. If you are a non-US resident, you hereby agree that any dispute, controversy or claim arising or concerning this Privacy Policy shall be determined and settled by arbitration in accordance with the International Chamber of Commerce accordance with the Rules of Arbitration of the International Chamber of Commerce (the “Rules”). The claimant party shall appoint one arbitrator and the respondent party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint the third arbitrator, in accordance with the provisions of the Rules. The place of arbitration shall be Washington, DC, USA. The language of the arbitration shall be English. Any award granted by the arbitrator(s) shall be final and binding upon the involved parties and shall constitute the sole and exclusive remedy for any dispute between the involved parties regarding the disputed issue resolved by such arbitration.

We provide our Service and Websites to the United States’ consumers and may be subject to the laws of a variety of jurisdictions, including the laws of the United States. However, some of our Service and Websites, data centers, and the Service and Websites’ providers and servers may be located in other countries. As such, our products, and the Service and Websites may be subject to the laws of numerous countries and jurisdictions, some of which may require us to disclose certain information about our users. We are committed to keeping your information private, while still following all applicable laws.

Changes in the Privacy Policy

We want you to always be aware of what personal and other information we collect, how we use it, and under which circumstances we may disclose it. All personal information that we collect will be handled according to the Privacy Policy in effect at the time the information is collected. If the Privacy Policy changes in any significant respect, we will not use your personal data in a manner that is inconsistent with the Privacy Policy in effect at the time your information was collected without your permission.

From time to time, we may find the need to make changes to this Privacy Policy upon notice given by one or more of the following means: upon notice given to you after you login to your Account (as such term defined in Terms of Service), by e-mail communication to the e-mail address provided by you when you setup your Account or otherwise on record for your Account, or by written mail communication to the address on record for your Account. You will be given the opportunity to opt-out, provided that, if you choose to opt-out all or part of the Service and/or Websites may no longer be available to you. If as the result of such changes, you want to alter the ways in which Softarex Technologies is allowed to use your personal information, you can do so by following the procedure described in Section Creating and Updating Your Personal Account and Preferences. You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Service and Websites after such notice has been given with the following exception: if at the time you provide personal information to Softarex Technologies you limit how such information will be used to communicate with you, either by Softarex Technologies or by third parties, Softarex Technologies will not change your preference in this regard without your express consent.


A. COLLECTED INFORMATION

Providing information

We receive and store any information you enter when using our Service and Websites or provide to us in any other way. We collect this information in order to make the Service and Websites function correctly and provide you with our Service. We also use this information to better understand how you use and how we can better the Service and Websites, their content and functionality to meet your needs.

Third Party Content Providers/Application

Not all content of our Service and Websites is owned and controlled by us. Our Service and Websites may contain links to content owned and/or operated by third parties. These third parties may drop cookies and/or use web beacons on your device, which may be used to identify your preferences or to recognize if you have previously had contact with these third parties. We do not control these content providers, their content, or their information collection practices and are not responsible for their privacy policies or practices. Please direct all concerns regarding any third party website to that site’s administrator or webmaster.

We may use third party advertising companies to display advertisements when you use the Service and Websites. These companies may use general information about your use of the Service and Websites as well as other information to provide specialized advertisements tailored to you. If you would like more information about this practice, please direct such concerns to the advertising company’s administrator or webmaster.

We may also make third party applications available through our Service and Websites. Please note that when you enable a third party application, any of the information collected by us is processed under this Privacy Policy while any information collected by the third parties is governed by their respective privacy policy.

Information We Collect

As a user of our Service and Websites, you can engage in many activities without providing any personal information. However, if you engage in some activities, such as subscribing to certain additional Service available through our Service and Websites or purchasing or downloading any of our products and Service, we may ask you to voluntarily provide us with certain information about yourself, such as your first and last name, mailing address (including ZIP code), e-mail address, [Twitter, Facebook and/or other social sites usernames,] use information regarding your use of our Service and Websites, and browser information. We automatically receive your location when you use the Service and Websites.

This information you provide is used for such purposes as allowing you to set up a user Account and profile that can be used to interact with other users through the Service and Websites, improving the content of the Service and Websites, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from Softarex Technologies and therefore to provide us with your personal information.

You are never obligated to provide personal information to us. However, if you should choose to withhold certain requested information, we may not be able to provide you with some or all of our Service. The information we request from you may be identified as mandatory or voluntary. If you do not provide us with the mandatory data we request, you may be unable to engage certain activities, use some our Service and Websites or make purchases.

When ordering products and Service from our Websites, you may be asked to provide a credit card number, account and/or billing information. This information is collected and processed by an online payment service provider, PayPal®, which we use for payment processing, including automatic subscription renewals. Understanding the sensitive nature of this information, we use reputable online payment service providers.

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, or if you no longer wish to use our Service and Websites, you may correct or delete inaccuracies, or amend information by making the change on our member information page or by contacting us at: . We will make good faith efforts to complete requested changes in our then active databases as soon as reasonably practicable.

You may be provided an opportunity to subscribe to a periodic newsletter and product updates from us. The subscription Service and Websites require you to provide your first and last name, your e-mail address, and other information. You will be given the opportunity to choose the type of information we provide you and will be provided with an opportunity to opt-out from receiving the information altogether by either making appropriate choices to your account or by writing to our technical support for the Service and Websites at:

The information you submit to us may be transferred across national boundaries and may be stored and processed in any of the countries in which we (and our affiliates) maintain offices or web hosting servers. In certain countries, or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by our trusted vendors. You hereby expressly agree and acknowledge that information, including your personal information, may be transferred and stored outside the borders of your country and/or location.

Personal Account

If you wish to deactivate your personal account, you can contact us and our technical support for the Service and Websites at . When you deactivate your personal account, all information stored and maintained as part of your account will be deleted from our servers (although some information may be retained for archival, backup and record purposes). You may change your personal information and privacy preferences at any time by logging into your personal account. You may also access and change your personal information and privacy preferences by contacting us and our technical support for the Service and Websites at: or may use appropriate functionality available in your account at Websites.

Information Relating to Children

Our Service and Websites are not intended for children under 13 years of age. However, despite our intent, we recognize that children under the age of 13 may access our Service and Websites and subscribe to the newsletter or purchase products, and the Service and Websites. Parents and Legal Guardians may request for us to review, delete, or stop the collection of their child’s personally identifiable information by contacting us and our technical support for the Service and Websites at and/or . For additional information and resources regarding child online privacy, please visit the Federal Trade Commission Web site at http://www.ftc.gov/ .

Securing the Transmission and Storage of Information

We are committed to protecting the security of your personal information. To protect that information, we use a variety of security technologies and procedures. Our data networks are protected by industry standard firewall and password protection systems and our security policies are periodically reviewed and enhanced as necessary. Furthermore, only authorized individuals have access to the information provided by our users. However, you should be aware that no data transmission over the Internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us and you use our content, products, and the Service and Websites at your own risk.

We treat the information you provide to us as confidential information. Your personally identifiable information is stored on a server with physical and electronic security features as customary in the industry, including login/password procedures and electronic firewalls designed to block unauthorized access. Because laws applicable to personal information vary by country, our offices or other business operations may put in place additional measures. All of our employees are aware of our privacy and security policies. Your information is only accessible to those employees who need it in order to perform their jobs.

If you use a password to protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. Always install and use the latest versions of antivirus software. If you are sharing a computer, you should always log out before leaving any site or the Service and Websites to protect access to your information from subsequent users.

Sweepstakes, Contests, and Promotions

Softarex Technologies may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service and Websites that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your personal information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as a winners list.


B. USE AND DISCLOSURE OF INFORMATION

How Your Personal Information Is Used

We collect your information in order to record and support your participation in the activities you select. We may use your e-mail address to send a confirmation e-mail and, if necessary, we may use other information you provide us to contact you to assist us in processing purchases and the Service and Websites you select. If you use our Service and Websites, your information is made available to other registered users. Unless you opt-out, your personal information also may be used to keep you informed about our new products, product upgrades, patches, special offers, and other products and the Service and Websites of selected third parties, and may be also used for improving the content of the Service and Websites, customizing the advertising and content you see, and communicating with you about specials and new features. We may draw upon this personal information in order to adapt the Service and Websites of our community to your needs, to research the effectiveness of our network and Service and Websites, and to develop new tools for the community.

We may collect information about your use of the Service and Websites, such as the types of applications used. This information is collected in aggregate form, without identifying any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

Legal Issues

Although we will always strive to guard your identity, we may disclose your personally identifiable information without your permission in limited circumstances. We will only do so if we have a good-faith belief that disclosure is reasonably necessary to (1) comply with laws, regulations, or government requests or (2) to investigate or protect against harmful activities to our guests, visitors, associates, or property, or to others. If we are required by law enforcement or judicial authorities to provide your personally identifiable information, we will only do so upon receipt of appropriate documentation. We may also disclose your information to investigate violation of and enforce our Terms of Service and Websites.

Choices Available to You

You can always choose whether or not to disclose personally identifiable information, but that choice may prevent you from using the Service and Websites.

You can choose at anytime to opt out of receiving e-mails from Softarex Technologies or from having your personally identifiable information shared with selected third party providers. If you wish to opt out, you can do so by editing your account preferences with respect to e-mail or the sharing of information or contacting us and our technical support for the Service and Websites at and/or . [If you select to “opt out” we will not share your personal information with third parties or send you e-mails. However, we may continue to use your personal information for internal purposes, such as to enhance your user experience or as necessary to administer the Service and Websites or comply with applicable laws and regulations.]

We may send a one-time registration confirmation e-mail, and “Service and Websites alert” messages to you to inform you of specific changes that may impact your ability to use the Service and Websites, regardless of e-mail contact opt-in status. Also, we may contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty and purchase agreements.

We retain these rights because in limited cases we may need to contact you as a matter of law or regarding matters important to you. These rights do not allow us to contact you to market a new or existing Service and Websites if you have asked us not to do so, and issuance of these types of communications is rare.

If you create a personal Account with us, based on your personal preferences, we may periodically contact you via e-mail to provide information about special offers and promotions that may be of interest to you. These communications will relate to select, reputable third parties with whom we have a strategic marketing relationship. We may use a third party e-mail Service and Websites provider to send e-mails. This Service and Websites provider is prohibited from using your e-mail address for any purpose other than to send Softarex Technologies related e-mails. If you do not wish to receive e-mails with updates and information, please unsubscribe by sending an e-mail to our technical support for the Service and Websites: or use appropriate functionality available on web sites in your accounts on Websites. In addition, every time you receive an e-mail you will be provided the choice to opt-out of future e-mails by following the instructions provided in the e-mail.

If you wish to opt out of receiving e-mails, the sharing or retention of any personal identification information, or otherwise change your personal preferences, you may contact us and our technical support for the Service and Websites at: .

To ensure that your request is honored, please provide sufficient information for us to accurately identify and access your records, such as your full name, address and the e-mail you provided us when you requested Service and Websites or products. We reserve the right to contact you to verify that we have accurately identified your record.

Cookies and Web Beacons

Our Service and Websites uses “cookie” and “web beacon” technology. “Cookies” are short pieces of data generated by a web server or mobile application that the Service and Websites store on a user’s device. Our Service and Websites may require the use of a cookie for purposes of keeping information you enter on multiple pages together. Cookies also enable us to customize our Service and Websites and offerings to your needs, providing you with a better online experience with us. In addition, cookies are used to:

  • measure usage of various pages on our Service and Websites to help us make our information more pertinent to your needs and easy for you to access; and
  • provide functionality such as to online orders, our Service and Websites and other functionality that we believe would be of interest and value to you.

The types of cookies that we use are referred to as “session” cookies and “persistent” cookies. Session cookies are temporary and are automatically deleted once you stop using the Service and Websites. Persistent cookies remain on your hard drive of your device until you delete them. Cookies do not, under ordinary circumstances, corrupt or damage your device, programs, or files.

In addition, the Service and Websites’ providers we use to serve and host our advertisements, and/or deliver our e-mails, use session and persistent cookies to track the number of times the Service and Websites are accessed and whether the Service and Websites were accessed from an advertisement. There are no cookies in the advertisements or e-mails. A cookie is placed on your device only if and when you click on an advertisement or open an e-mail. The cookie generated from the advertisement or e-mail does not contain any personally identifiable information and will remain on your hard drive until you delete it.

Beacons are used in combination with cookies to help websites and mobile applications’ operators understand how visitors interact with their online Service and Websites. A beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel). In contrast to cookies, which are stored on a user’s hard drive, beacons are embedded invisibly on online pages and are about the size of the period at the end of this sentence. These beacons are not tied to personally identifiable information. The use of beacons allows the application to measure the actions of the visitor using the application that contains the beacon. It makes it easier to follow and record the activities of a recognized browser, such as the path of visited pages and/or applications. We use the information provided by beacons to develop a better understanding of how our users use the Service and Websites, and to facilitate those users’ interactions with the Service and Websites. We may make the aggregate data obtained from analytics (including from our third party analytics providers, if applicable) publicly available. If this data is made available, none of the information will be personally identifying information or potentially-personally identifying information.


C. PRIVACY-RELATED INQUIRIES AND COMPLAINTS

We treat our users’ privacy concerns with utmost respect and attention. If you believe that there was an instance of non-compliance with this Privacy Policy with regard to your personal information or you have other related inquiries or concerns, you may write or contact us and our technical support for the Service and Websites by e-mail at .

In your message, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly.

Copyright © 2015 Softarex Technologies, Inc. All rights reserved. The Websites and Services and accompanying products and documentation are the copyrighted property of Softarex Technologies Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Softarex Technologies™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Softarex Technologies Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Softarex Technologies or third party trademarks or logos without the prior written consent of Softarex Technologies Inc. or the applicable trademark owner is strictly prohibited.