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Privacy Policy

What Information does GEAR Software collect and how is it used?

Use of Personal Information

When you place an order, request a newsletter, download an evaluation, join a discussion list, activate or register a product, or contact us for technical support, we ask for your personally identifiable information (PII) such as name, address, e-mail address, telephone number, credit card information which is used for internal operations and/or to provide you with updated information on our products or any other service you have requested.

GEAR may use personal information that it has collected to:

When you place an order on our site, you will be directed to www.digitalriver.com, who are our business partner, in order to process the order transaction (shopping cart). This page (shopping cart) will have the look and feel of www.gearsoftware.com, however, you will actually be on digitalriver.com (as evidenced by the URL) to complete the purchase process. Digital River may receive personally identifiable information from you directly to fulfill a service to you on our behalf. Some of the ways in which Digital River will use the personal information provided them include:

  1. to take, process or deliver your order, process or obtain payment or notify you of the status of your order;
  2. in connection with keys, access codes or other information as may be required to permit you to access their sites to receive products, updates or services;
  3. to provide it to industry and credit related organizations for security, credit or fraud prevention purposes;
  4. to register your purchase with the manufacturer or service provider for warranty, technical support or similar purposes;
  5. to facilitate the renewal of subscriptions for products or services;
  6. to provide you with effective customer service and/or technical support;
  7. to monitor service or purchasing patterns;
  8. to provide you with service updates, announcements, and other product offerings;
  9. to send you, on our behalf and with your consent, newsletters or promotional emails or undertake other promotional activities;
  10. to permit you to participate in online surveys and polls, assuming you voluntarily agree to provide such information in connection with these surveys and polls; and
  11. to improve Digital River's websites, the customer experience and any related products or services.

They will take reasonable steps to ensure any person or entity receiving personal information for the purposes described above, are obligated to protect the personal information on your behalf. By submitting your order to Digital River you consent to the use of your personal information as set forth above, and to the transfer of that data to us or those individuals or entities we engage to provide services in connection with your transaction. Digital River will not use your PII for any secondary purpose including for their own marketing purposes. Gear Software's privacy policy governs the collection and use of the PII collected while on DigitalRiver.com.

We use an email service provider to facilitate and provide routine conveyance services in the sending of our email newsletters. This third party is required to only use the email address for purposes of providing our email services and not for any other purpose including their own marketing. We do not share our customerĀ¹s personal information for any outside purposes.

Testimonials

We post testimonials to our site in the form of customer letters. We will obtain consent before posting all testimonials. We will post the testimonial including the customer's name, city and state. If for any reason you would like your testimonial removed from our site, please contact us at contactinfo@gearsoftware.com.

Discussion Forum

If you use our discussion forum 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. We reserve the right to remove, edit, move or close any posting, topic or category at any time should they see fit, or ban any user from posting or reading any part or all of this forum, either temporarily or permanently.

Certain Exceptional Disclosures

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

How does GEARSOFTWARE.COM use cookies?

Sometimes our Web and FTP servers collect general information with the help of cookies. A cookie is a small file that a website writes to your hard drive when you visit that site. Our web and FTP servers cannot and will not read other information from your hard drive or read information from other cookies. If you turn off cookies in your Web browser, you will still be able to access and browse the GEAR Web and FTP sites. We use "cookies" to help create a more effective and convenient site experience. By showing us how and when visitors use our sites, "cookies" help us determine which areas are popular or informative and which are not. Many improvements and updates to the site are based on data such as total number of visitors and pages viewed. GEARSOFTWARE.COM does not store any personally identifiable or sensitive information in the cookie. Some of our business partners may use cookies on our site. We have no access to or control over these cookies.

We use a third-party tracking service that uses cookies to track non-personally identifiable information about visitors to our site in the aggregate to track ecommerce and visitor behavior analytics.

Can I opt-out of receiving GEAR email messages?

You will always have the option to not receive future communications ("opt-out") from GEAR except for critical services updates. By choosing to opt-out, we will not contact you with information relating to the product you have downloaded. Please note that if you are a registered user, opting-out will remove you from all mailing lists you are currently on including upgrade and support notifications. To opt-out, please send an e-mail to contactinfo@gearsoftware.com with the subject "opt-out", using the same e-mail address that you used when you used when you registered with GEAR, or requested a trial version of software.

Please note: If you are a registered GEAR user and you opt-out or unsubscribe, you will not receive notifications about bug fixes or new product releases. It will be up to you to check the GEAR Web Site for this information.

Can I change/modify my contact info?

GEAR gives users the option to modify their contact information previously provided. Send e-mail to: contactinfo@gearsoftware.com.

Security of Information

GEAR Software, Inc. will take reasonable precautions to protect your personal information from loss, mis-use, unauthorized access, disclosure, unauthorized alteration, destruction or other malfeasance. GEAR constantly maintains and updates our servers to insure that any available security patches are applied immediately. GEAR uses updated antivirus software and best security practices throughout the company. GEAR uses secure server technology to encrypt web pages where personally identifiable information is entered or displayed. DigitalRiver.com also uses SSL encryption on its pages when sensitive information credit card information is collected. GEAR maintains security logs, and regularly reviews our server logs to detect any hacking attempts. GEAR restricts administrative access to the GEAR web server to trusted employees, using strong passwords. GEAR's dedicated web server is maintained by Verio in a secure network operations center, where physical access is restricted.

GEAR Support Discussion Forum

The GEAR Support Forum requires a valid e-mail address to register, which you can choose to display or keep private. GEAR will take every reasonable precaution to protect the privacy of personal information you submit when you register for the GEAR Support Forum.

If you choose to participate and post messages on the GEAR Support Discussion Forum, please remember that any information you post in messages on our forum will be deemed public information and is not confidential. There is a risk in such communication venues that information can be collected and used by others. Please be careful and responsible when you are online.

Other Sites

On GEAR's website, there are links to companies with whom we have a relationship. GEAR is not responsible for the privacy practices of our business partners. We encourage you to read their privacy statements, as they may differ from ours.

GEAR's online store is operated by Digital River. If you click on the "GET GEAR" link, a "Buy Now" link, or otherwise enter the GEAR store to purchase GEAR's products online, you will go to the GEAR Store on Digital River's website. Digital River handles the purchase transaction entirely, under contract with GEAR Software. Some of the personally identifiable information that you provide when you purchase from GEAR's online store is shared with GEAR by Digital River. For a copy of Digital River's privacy policy, please see www.digitalriver.com/corporate/privacy.shtml.

Your consent to this policy

By using our site, you agree to this Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version. We may change it by posting a new version on our site. If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 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 homepage.

This privacy policy was last updated on November 10, 2006.

Legal

This site operates as-is and as available. Any warranties of accuracy, quality, title, fitness or merchantability are disclaimed. We are not liable for direct, indirect, incidental or consequential damages, or for events beyond our direct control.

United States and Florida law governs this Policy, excluding conflicts of law principles. Any provision of this Policy that is illegal or unenforceable shall be deemed automatically conformed to the minimum requirements of law. Any legal actions against us must be commenced in Florida within one year after the claim arose, or be barred.

Further Information for Citizens of the European Union (EU)

The EU has adopted a privacy directive substantially regulating the privacy rights of citizens of the countries of the European Union. GEAR therefore provides Citizens of the EU the following information: GEAR is headquartered in the US and maintains offices in the EU. Any information that you provide to GEAR will be transferred out of the EU to the United States. By providing personal information to us, you are consenting to its storage and use as described herein. You may choose to opt-out of providing this information at any time, as described at the bottom of this privacy statement.

Product Registration

GEAR's use of your personal information provided to us with a product registration is as disclosed above. Unless you direct to the contrary, any of the personal information you provide with a product registration will be maintained by GEAR in its product registration database.

Use of Information

In addition to the general information provided above with respect to how GEAR will use your personal information, you should be aware of the following:

Your information will only be transferred to authorized distributors or sub-contractors of GEAR Software, Inc., and only as necessary. GEAR will provide your personal information to its distributors located in the EU so that the distributors may notify you of upgrades, updates, and new products.

GEAR may provide a location in the EU to which you may mail your product registration information. Such product registration address may be with a subcontractor of GEAR. At any time it is legally permissible to transfer that information to GEAR in the United States, GEAR will do so. GEAR may at anytime cause such subcontractor to transfer your personal information to GEAR or a subsidiary of GEAR located in the EU.

Security of Information

GEAR Software, Inc. will take reasonable precautions to protect your personal information from loss, mis-use, unauthorized access, disclosure, unauthorized alteration, destruction or other malfeasance, as dictated by any current or future agreements which may exist between the United States and the European Union.

Review, Change, and Correction of Personal Information

At any time, you may review, change, correct, or remove any personal information including the permitted uses of your personal information and addition of your information to the "do not share" list by contacting GEAR at:

Or, you may send an e-mail to: contactinfo@GEARsoftware.com

At any time, you may contact GEAR at the above address with inquiries or complaints regarding your data or the use thereof. GEAR is committed to responding to all such contacts in a prompt and responsible manner.

If you have questions or concerns regarding this statement, you should first contact GEAR at contactinfo@gearsoftware.com.