GEAR Software Knowledgebase:Privacy policy

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GEAR Software is committed to protecting your privacy. We will never sell or give your name or contact information to a third party without your expressed consent.

The following statement discloses the consumer privacy practices of GEAR Software, Inc., ("GEAR") for the GEAR Web Site (this "Site"). This Privacy Policy governs all use of this Site, except for the portions of the site within the digitalriver.com domain, which are covered by their privacy policy. By using this Site, you are deemed to consent to our privacy practices. If you do not consent to these privacy practices, do not use this Site or download any materials from it.



Contents

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

Use of Personal Information

GEAR may use personal information that it has collected to:

  • Provide you with notices of new information that may be of use or interest to you. This may include newsletters, tutorials, website update notices, or notification on the availability of new products, product updates, maintenance releases, and beta versions of products.
  • Warn you of the impending termination of the trial period of evaluation versions of our software.
  • Register licensed copies of the product in your name. We do not keep credit card information as part of your product registration.
  • Determine at our discretion your eligibility to receive product support on evaluation versions of our software.
  • Survey you (and others) in an attempt to improve our website, our products, or our business.
  • Notify you of third-party products that we believe might be of interest to you. GEAR will not share personal information with third parties without first obtaining your expressed consent.
  • Improve the quality of our website. GEAR does not collect information about individual users without their knowledge.
  • Help us analyze general traffic patterns throughout our site.
  • When you place an order, download an evaluation, join a discussion list, activate or register a product, or contact us for technical support, we ask for your contact or billing information which is used for internal operations and/or to provide you with updated information on our products.
  • When you request a download of an evaluation copy of one or our software programs, we save your contact information in order to contact you with download instructions. We may contact you later, in order to remind you of the expiration of the evaluation software, or to inform you of new product or feature developments, upgrade opportunities, new format or hardware support patches, or bug fixes.
  • Product registration information includes the product acquired as well as your name, address, and e-mail address and telephone number. Your credit card information will not be saved by GEAR. GEAR has always reserved the right to limit free technical support to registered users. The only way to assure that you will be entitled to free technical support for a product in the future is to register with GEAR.
  • Product upgrade pricing and some special offers are only available to registered users.
  • Users may opt-out of receiving future mailings; see the opt-out section below.

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 sensitive information in the cookie.


Can I opt-out of receiving GEAR email messages?

You will always have the option to not receive future communications ("opt-out") from GEAR. 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 info@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: info@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 the company. GEAR uses secure server technology to encrypt web pages where personally identifiable information is entered or displayed. 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 private 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 March 9, 2005.

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:

GEAR Software, Inc.
Attn: Customer Service Department
1 Main Street, Suite 205
Tequesta, FL 33469
U.S.A.

Or, you may send an e-mail to: info@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.

TRUSTe Privacy Program

http://www.gearsoftware.com/images/footer/truste_seal_web.gif

GEAR Software is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the site www.gearsoftware.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

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

If you do not receive acknowledgment of your inquiry, or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.

The TRUSTe program covers only information that is collected through this Web site, and does not cover information that may be collected through software downloaded from this site.

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