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This document
sets forth the Smytel Communications Online
Privacy Policy (the "Privacy Policy") for this
Web site,
www.smytel.net (the "Site"). If you
have objections to the Privacy Policy, you
should not access or use this Site.
Changes in
Privacy Policy
All "personal information" ("personal
information" is defined as any information that
identifies or can be used to identify, contact,
or locate the person to whom such information
pertains) that we collect and maintain will be
subject to the version of the Privacy Policy in
effect at the time of such collection. Smytel
reserves the right to change the Privacy Policy
from time to time at its sole discretion, and
will provide notice of material changes on the
home page of the Site. If as the result of such
changes, you want to alter the ways in which
Smytel is allowed to use your personal
information, you can do so by following the
procedure described below in the section titled
"Updating your personal information and privacy
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 Site after such notice has been
posted for thirty (30) days with the following
exception: If at the time you provide personal
information to Smytel you are given the
opportunity (as you currently are) to limit how
such information will be used to communicate
with you, either by Smytel or by third parties,
Smytel will not change your preference in this
regard without your express consent. However, if
Smytel sells assets (or the assets of a
division or subsidiary) to another entity, or
Smytel (or a division or subsidiary) is
acquired by, or merged with, another entity,
Smytel may provide to such entity customer
information that is related to that part of our
business that was sold to or merged with the
other entity without your consent.
Entities collecting personal information
Personal information on this Site is collected
by Smytel Communications, Inc. Smytel's address
is
4800 Great America Pkwy Suite 300, Santa Clara,
CA 95054, USA and its telephone number is (408)
562-4400.
The Site
contains links to other sites at which personal
information is collected. In such instances,
unless expressly provided to the contrary, the
collection and use of your personal information
will be governed by the privacy policy
applicable to that site. That privacy policy
should identify the entity that is collecting
your personal information.
Collection
of personal information
As a visitor to this Site, you can engage in
many activities without providing any personal
information. In connection with other
activities, such as subscribing to the
collaboration services offered on the Site or
utilizing online software applications, Smytel
may ask you to provide certain information about
yourself by filling out and submitting an online
form. It is completely optional for you to
engage in these activities. If you elect to
engage in these activities, however, Smytel may
ask that you provide us personal information,
such as your first and last name, mailing
address (including ZIP code), e-mail address,
employer, job title and department, telephone
and facsimile numbers, and other personal
information. When ordering products or services
on the Site, you may be asked to provide a
credit card number. Depending upon the activity,
some of the information that we ask you to
provide is identified as mandatory and some as
voluntary. If you do not provide the mandatory
data with respect to a particular activity, you
will not be able to engage in that activity.
When you use the Site, Smytel or third parties
authorized by Smytel may also collect certain
technical and routing information about your
computer to facilitate your use of the Site and
its services. For example, we may log
environmental variables, such as browser type,
operating system, CPU speed, and the Internet
Protocol ("IP") address of your computer. We use
these environmental variables to facilitate and
track your use of the Site and its services.
Smytel also uses such environmental variables
to measure traffic patterns on the Site. Without
expressly informing you in each particular
circumstance, we do not match such information
with any of your personal information.
When you submit personal information to Smytel
through this Site, you understand and agree that
this information may be transferred across
national boundaries and may be stored and
processed in any of the countries in which
Smytel and its affiliates and subsidiaries
maintain offices, including, without limitation,
the United States. You also acknowledge that in
certain countries or with respect to certain
activities, the collection, transferring,
storage, and processing of your information may
be undertaken by trusted vendors of Smytel.
Such vendors are bound by contract not to use
your personal information for their own purposes
or provide it to any third parties. One instance
where this could occur is in conjunction with
framed pages in which the URL for the pages is
not visible and the pages are being hosted by a
vendor of Smytel.
Smytel has established relationships with
various service providers whose services are
available to you from this Site or from Web
sites that are linked to this Site. Typically,
these providers offer services that Smytel
customers might find useful, such as those that
can be used in conjunction with Smytel services
and products. In order to use those services,
you may be required to provide personal
information to the providers. Unless expressly
provided to the contrary, personal information
that you provide while you are visiting a
provider's Web site will be subject to the
privacy policy posted on such site, and personal
information that you provide while on this Site
in conjunction with a provider's service will be
subject to this Privacy Policy. You should be
aware that our agreements with these service
providers often provide that they will share
with Smytel personal information collected from
you. In such instances, Smytel may use this
information in a manner consistent with this
Privacy Policy. In the situation where sites
have an Smytel "look and feel," and you
reasonably believe you are on an Smytel site,
the site is collecting information in a solely
intermediary capacity and does not use personal
information for secondary purposes.
How your
personal information is used
Smytel collects your information in order to
record and support your participation in the
activities you select. If you subscribe to a
service or register a product, for example, the
information is used to register your rights, if
any, to technical support or other benefits that
may be made available to registered users. As
another example, if you enter a contest,
information is collected to qualify the entry
and contact you regarding the contest or prize
awards. Your personal information is also used
to keep you informed about product upgrades,
special offers, and other products and services
of Smytel and selected third parties if you
have so opted to receive such communications.
Smytel may collect information about the use of
the Site, such as the types of services used and
how many users we receive daily. This
information is collected in aggregate form,
without identifying any user individually.
Smytel may use this aggregate, non-identifying
statistical data for statistical analysis,
marketing, or similar promotional purposes.
Your
choices with respect to personal information
Smytel recognizes and appreciates the
importance of responsible use of information
collected on this Site. Without your consent,
Smytel will not communicate any information to
you regarding products, services, and special
offers available from Smytel, although we may
find it necessary to communicate with you
regarding your use of the services on this Site.
Except in the particular circumstances described
in this Privacy Policy, Smytel will also not
provide your name to other companies or
organizations without your consent.
There are other instances in which Smytel may
divulge your personal information. Smytel may
provide your personal information if necessary,
in Smytel's good faith judgment, to comply with
laws or regulations of a governmental or
regulatory body or in response to a valid
subpoena, warrant, or order or to protect the
rights of Smytel or others.
Protection
of your personal information
The personal information that you provide in
connection with registering yourself as a user
of Smytel products or services or registering
an Smytel product is classified as Registration
Information. Registration Information is
protected in several ways. Access by you to your
Registration Information is available through a
password and unique customer ID selected by you.
This password is encrypted. We recommend that
you do not divulge your password to anyone. In
addition, your Registration Information resides
on a secure server that only selected Smytel
personnel and contractors have access to via
password. Smytel encrypts your personal
information and thereby strives to prevent
unauthorized parties from viewing such
information when it is transmitted to Smytel.
Personal information that you provide that does
not constitute Registration Information also
resides on a secure server and is only
accessible to selected Smytel personnel and
contractors via password. Since this information
is not accessible by you, you will not be asked
to select a password in order to view or modify
such information.
Please note that any information you post to a
public bulletin board or chat room, such as the
Smytel User to User Forums (the "Forums"), is
available to all persons accessing that
location. Your e-mail address will not
automatically be posted on the Forums unless you
modify the default setting to permit that. Your
e-mail address would then be available to all
persons accessing the Forums. In addition, you
should be aware that the Forums offers a service
in which subscribers are e-mailed a copy of all
messages posted to the Forums on a particular
topic. Consequently, if you post a message to
the Forums, your e-mail address will be sent to
those subscribers that have indicated an
interest in the topic of your message.
Use of
cookies
When you visit this Site, you can browse the
Site and access important information without
revealing your identity. In order to improve our
Site, we use "cookies" to track your visit. A
cookie is a small amount of data that is
transferred to your browser by a Web server and
can only be read by the server that gave it to
you. It functions as your identification card,
and enables Smytel to record your passwords,
purchases, and preferences. It cannot be
executed as code or deliver viruses.
Most browsers are initially set to accept
cookies. You can set your browser to notify you
when you receive a cookie, giving you the chance
to decide whether to accept it. (For some Web
pages that require an authorization, cookies are
not optional. Users choosing not to accept
cookies will probably not be able to access
those pages.)
While Smytel uses cookies to track your visit
to Smytel.net, and our Web servers
automatically log the IP/Internet address of
your computer, Smytel does not generally use
this information to identify you personally.
However, if you expressly provide consent for
Smytel.net to "remember" the unique identifier
that you select when you register for various
activities on the site, that unique identifier
will be stored on a cookie on your computer,
linked to your registration information, and
your navigation path around the site will be
tracked. We associate this data to understand
how our site and services are being used so we
can understand our customers and offer
appropriate products and services.
Updating
your personal information and privacy
preferences
You have the right to access and correct your
personal information and privacy preferences at
any time. You can correct your personal
information and privacy preferences (such as
whether you wish to receive promotional
communications from Smytel or third parties) by
writing or calling Smytel at:
Smytel Communications.
4633 Old Ironsides Drive
Suite 315
Santa Clara, CA 95054
USA
Please include your name, address, and/or e-mail
address when you contact us. No specific form is
required to notify Smytel of changes to your
address or privacy preferences.
Personal information submitted through this Site
that is not Registration Information is not
accessible online. To access and/or correct such
information, you may write Smytel at:
Smytel Communications.
4633 Old Ironsides Drive
Suite 315
Santa Clara, CA 95054
USA
In your correspondence, please indicate with as
much detail as possible the location on this
Site where you provided your personal
information.
Privacy-related inquiries and complaints
Smytel takes its users' privacy concerns
seriously. If you believe that Smytel has not
complied with this Online Privacy Policy with
respect to your personal information or you have
other related inquiries or concerns, you may
write to the Smytel Privacy Officer at the
address indicated above.
In your letter, please describe in as much
detail as possible the nature of your inquiry or
the ways in which you believe that the Smytel
Online Privacy Policy has not been complied
with. We will investigate your inquiry or
complaint promptly.
Please note that if you provide Smytel with
inconsistent privacy preferences (for example,
by indicating on one occasion that third parties
may contact you with marketing offers and
indicating on another occasion that they may
not), Smytel cannot guarantee that your most
recent privacy preference will be honored.
Also, please note that Smytel is not
responsible for the content or privacy practices
of non-Smytel Web sites to which this Site or
any other Smytel Web site may link. You should
review the privacy policy of such sites before
using the sites. |