Nodality, Inc., Privacy Statement

Last Updated September 24, 2010

Welcome, and thank you for your interest in Nodality, Inc. (“Nodality”), and the Nodality website located at www.nodality.com (the “Nodality Site”). This privacy policy (the “Privacy Policy”) describes what information we gather from you, how we use that information, and what we do to protect it. By using the Nodality Site, you expressly consent to the information handling practices described in this Privacy Policy. The terms “Nodality,” “we,” “us,” and “our” refer to Nodality, Inc. and its subsidiaries and affiliates. The terms “you,” “your,” and “yours” refer to the user/customer utilizing the Nodality Site.

This Privacy Policy is incorporated into and is subject to the Nodality Terms of Use.

The Information Nodality Collects:

  • User-Provided Information. You may provide to Nodality what is generally called “personally identifiable information” (such as your name, email address, postal mailing address, home/mobile telephone number) when using the Nodality Site, such as when you send us inquiries, register, or contact us for other purposes.
  • Cookie Information. When you use the Nodality Site, we may send one or more cookies to your computer. A cookie is a small data file sent to your Web browser and stored on your computer. This allows our server to “recognize” you when your computer visits the Nodality Site in the future. Most web browsers can be configured to not accept cookies, or to notify you if a cookie is sent to you. In some instances, Nodality may collect non-personally identifiable information (aggregate or demographic data) through cookies.
  • Automatically Collected Information. When you use the Nodality Site or open one of our HTML emails, Nodality may automatically record certain information from your web browser by using different types of technology. This automatically collected information may include the Internet Protocol address or other device address or ID, web browser and/or device type, the pages you view on the Nodality Site, and the dates and times that you visit the Nodality Site.

The Ways Nodality Uses Information:

  • Nodality uses the information you provide or that we collect to respond to your inquiries, for administrative purposes, for other customer service purposes, and to operate, maintain, and enhance the Nodality Site.
  • Nodality uses all of the information that we collect to understand and analyze the usage trends and preferences of visitors to the Nodality Site.
  • Nodality may use automatically collected information and cookie information to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Nodality Site; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the effectiveness of Nodality and third party marketing activities; and (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
  • Nodality may use your email address or other personally identifiable information to send promotional messages for which you will have the ability to opt-out.

The Ways Nodality Discloses Information:

  • Except as described in this Policy, we do not disclose personally identifiable information to third parties without your consent.
  • Nodality works with third party service providers to provide website hosting and maintenance as well as other services for us. In the course of performing services for Nodality, these service providers may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.
  • Nodality may disclose your personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, to respond to a court order, judicial or other government subpoena, or warrant, or to otherwise cooperate with law enforcement activity.
  • Nodality reserves the right to disclose your personally identifiable information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Nodality and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Nodality Site; or to protect the rights, property, or personal safety of Nodality, our users, or others.
  • In connection with Nodality’s merger, acquisition, sale of all or substantially all of Nodality’s business, stock or assets, or bankruptcy, Nodality may transfer or assign your personally identifiable information.

Your Choices:

You may decline to share certain personally identifiable information with Nodality. You may update, correct, or delete your personally identifiable information and preferences at any time by emailing info@nodality.com. Please note that while your changes may be reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF ANY APPLICABLE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

Third Party Services:

The Nodality Site may contain links to websites and services provided by third parties. Any information you provide on third party sites or services is provided directly to such third parties and is subject to such third parties’ policies governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the Nodality Site. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Children’s Privacy:

The Nodality Site is not intended for or directed to persons under the age of 13, and we will not knowingly collect information from such persons. Any person who provides information to us on or through the Nodality Site represents to Nodality that they are 13 years of age or older. If we learn that a child under 13 has submitted personal information to us, we will attempt to delete the information as soon as possible.

Our Commitment to Data Security:

Nodality uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to Nodality, and you do so at your own risk. Once we receive your transmission of information, Nodality makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Nodality learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Nodality may post a notice through the Nodality Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Visitors:

The Nodality Site is hosted in the United States. If you choose to use the Nodality Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on the Nodality Site you consent to that transfer.

Changes and Updates to this Privacy Policy:

By using the Nodality Site, you agree to this Privacy Policy. We may occasionally update this Privacy Policy. The date of the most recent update of this document will always be displayed at the beginning of this page. If we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users via email (if an email address has been provided) or display a notice on the Nodality Site. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personally identifiable information we collect. Your continued use of the Nodality Site constitutes your agreement to this Privacy Policy and any updates.

Nodality Contact Information:

Please contact Nodality with any questions or comments about this Privacy Policy, your personal information, our third party disclosure practices, or your consent choices by email at: info@nodality.com or by mail at 170 Harbor Way, Suite 200, South San Francisco, CA 94080.