Fozium Inc. Online Privacy Policy

A. INTRODUCTION
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE CONTINUING TO USE OUR SERVICE OR SOFTWARE. BY CONTINUING TO USE FOZIUM’S WEBSITE AND SERVICES YOU WILL BE DEEMED TO HAVE ACCEPTED THIS PRIVACY POLICY. Your use of the Fozium’s website and the products and services provided herein, including any dispute concerning privacy, is subject to this privacy statement («Privacy Policy») and Fozium’s Terms of Service http://www.fozium.com/online-privacy-policy. By using the Fozium Website (defined below) and its Products and Services (defined below), you are accepting the practices set out in this Privacy Policy and Fozium’s Terms of Service. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. Please check the revision date below to determine if the policy has been modified since you last reviewed it. Your continued use of any portion of the Fozium Website following posting of the updated Privacy Policy will constitute your acceptance of the changes.

This Privacy Policy was last updated on January 30, 2011. Fozium Inc., a Commonwealth of Virginia corporation, and its affiliates (collectively, «Fozium») has created this Privacy Policy in order to disclose its information gathering and dissemination practices for this Internet Website (www.fozium.com), located primarily in the United States of America but some of its services, data centers, service providers and servers may be located in other countries (the «Website») and Fozium’s products and services available or enabled via the Website («Products and Services»). Upon reading this Privacy Policy, you will be informed regarding the following:

  1. what personally identifiable information of yours or third party personally identifiable information is collected from you through the Website as well as the Products and Services;
  2. the organization collecting the information;
  3. how the information is and will be used;
  4. with whom the information may be shared;
  5. what choices are available to you regarding collection, use, and distribution of the information;
  6. the kind of security procedures that are in place to protect the loss, misuse, or alteration of information under Fozium’s control; and
  7. how you can access and correct any inaccuracies in the information collected about you.


To the extent that any terms of the Privacy Policy conflict with the terms of an existing written (including electronic) agreement between you and Fozium regarding the use of specific areas of the Website or specific Products and Services (including Product- and Service-specific licenses, terms of use, or privacy disclosures) (collectively, «Product Agreements»), the terms of the Product Agreements shall govern.

Questions regarding this Privacy Policy should be directed to the Fozium site coordinator at privacy@fozium.com. If you have any concerns or feel that there are any problems or issues relating to compliance with the policies outlined in this Privacy Policy, please contact Fozium at privacy@fozium.com.

A Word from Fozium
Fozium has a strong commitment to providing superior service to all of our Website customers and visitors, and particularly respecting your concerns about privacy. We understand that you may have questions about how the Website and the Products and Services collect and use your information; we have prepared this statement to inform you of the privacy principles that govern the Website as well as the Products and Services. As a general rule, we will not sell or rent your personally identifiable information or a list of our customers to third parties. However, as described in more detail below, there are limited circumstances in which some of your information may be shared with third parties, under strict restrictions. For this reason, it is important that you carefully review this Privacy Policy.

This Privacy Policy contains numerous general and technical details describing the steps that we take to respect your privacy. We have organized this Privacy Policy by major topic areas so that you can quickly link 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 at privacy@fozium.com.

Changes in the Privacy Policy
Fozium wants you to always be aware of what personal information we collect, how we use it, and under what circumstances we disclose it. All personal information, as further described below, that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. If the Privacy Policy changes in any material respect, we will not use the personal data you have submitted to us in a manner that is inconsistent with the Privacy Policy in effect at the time your information was collected, without your prior affirmative consent.

Fozium reserves the right to change the Privacy Policy from time to time at its sole discretion, and will prominently post any material changes to the Privacy Policy on the Website. You will be given the opportunity to opt-out. If as the result of such changes, you wish to alter the ways in which Fozium is allowed to use your personal information, you can do so by following the procedure described in the Updating Your Personal Preferences section of this Privacy Policy (below). 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 Website after such notice has been posted for thirty (30) days with the following exception: if at the time you provide personal information to Fozium you limit how such information may be used to communicate with you (either by Fozium or by third parties) Fozium will not change your preference in this regard without your affirmative consent. However, if Fozium sells assets (or the assets of a division or subsidiary) to another entity, or Fozium (or a division or subsidiary) is acquired by or merged with another entity, you agree that Fozium 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 obtaining your further consent. Fozium will provide notice of such asset sales, acquisitions, or mergers on the Website.

Legal Issues
The Website is a USA-based website and the Website and the related Products and Services may be subject to the laws of various jurisdictions, including the laws of the United States of America, EU, and/or the Russian Federation and other jurisdiction because access to the Website may use internet traffic of different jurisdictions.

Fozium may disclose your personally identifiable information without your permission when required by law, or under a good faith belief that such action is necessary to investigate or protect against harmful activities to Fozium guests, visitors, associates, or property (including the Website), or to others. As mentioned above, laws related to personal identifiable information vary by country. For example, personally identifiable information collected in the European Union and its Member States is subject to the EU Directives concerning personal data, privacy and electronic communications, including but not limited to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the subsequent legislation adopted in the EU Member States.

Fozium may be required by law enforcement or judicial authorities to provide personally identifiable information to appropriate governmental authorities. If requested by law enforcement or judicial authorities, Fozium will provide this information upon receipt of the appropriate documentation. Fozium may also provide information to law enforcement to protect its property and the health and safety of individuals as permitted by statute.

B. COLLECTED INFORMATION
Browsing
The Website does not collect personally identifiable information from your computer when you browse the Website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with your personally identifiable information, we will not know your name, your e-mail address, or any other personally identifiable information. When you request a page from our Website, our servers log the information provided in the HTTP request header, JavaScript or similar technical tools, including the IP number, the time of the request, the URL of your request and other information. We collect this information in order to make the Website function correctly and provide you the functionality that you see on the Website. We also use this information to better understand how visitors use the Website and how we can better tune the Website, its contents, and functionality to meet your needs.

Third Party Websites
The Website may contain links to websites owned and operated by third parties for your convenience and information. Fozium does not control these third party websites and is not responsible for their privacy practices or content. Fozium does not control the information collection and distribution policies on websites other than those that are under the control of Fozium itself. Content on third party websites may not reflect products, services, or information provided by Fozium. Third parties may also drop their own cookies and/or use web beacons (defined below), which may be used to identify some of your preferences or to recognize you if you have previously had contact the third parties. Fozium does not control the use of such technology by third parties, the information they collect, or how they use such information. You should direct all concerns regarding any third party website to the site administrator or webmaster of such site.

Fozium also uses third party advertising companies to serve ads when you visit the Website. These companies may use general information about your visits to the Websites as well as other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and your choices as to not having your information used by these companies, please direct such concerns to the respective company’s administrator or webmaster.

Third Party Applications
Fozium may make available third party applications through the Website or its Products and Services. The information collected by Fozium when you enable a third party application is processed under this Privacy Policy. Information collected by the third party application provider is governed by their respective privacy policies.

Information We Collect
As a visitor to the Website, you can engage in many activities without providing any personal information as described in the Browsing section of this Privacy Policy (above). In connection with other activities, such as subscribing to the services available on the Website, utilizing online software applications, or purchasing or downloading any of the Products and Services available on the Website, Fozium may ask you to voluntarily supply us with certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities and/or make any purchases from Fozium. If you elect to engage in these activities or make purchases, however, Fozium may ask that you provide us personal information, defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including but not limited to your first and last name, mailing address (including ZIP code), e-mail address, employer, and other personal information.

When ordering Products and Services via the Website, you may be asked to provide a credit card number, account and/or billing and shipping information enabling the consummation of the transaction. The foregoing information is collected and processed by online payment services, including but not limited to PayPal® and merchant accounts services, which we may utilize for payment processing, including automatic subscription renewals. In addition, as noted below, minimum information is requested if you choose to subscribe to product updates.

You never have to answer any questions, and you can decline this exchange of information at any time. However, if you should choose to withhold requested information, we may not be able to provide you with some or all of the services dependent upon the collection of this information. 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 or purchase, you will not be able to engage in that activity or make such a purchase. Fozium will inform you of the mandatory and/or optional character of the requested and/or required information.

Fozium is the sole owner of the information it gathers on the Website. Fozium will only share your information with outside parties in ways that are described in this Privacy Policy or if we are required to do so by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, cooperate with law enforcement agencies, or comply with a legal process served on the Website.

When you use the Website, Fozium or third parties authorized by Fozium may also collect certain technical and routing information about your computer (also known as environmental variables) to facilitate your use of the Website and its services. When you browse the Internet, your Internet browser (such as Mozilla Firefox or Microsoft Internet Explorer) automatically transmits some information to Fozium every time you access content on one of our internet domains. Examples of such information include the URL of the particular Web page you visited, the IP (Internet Protocol) address of the computer you are using, or the browser version that you are using to access the Website. All of this information may be collected by Fozium and used to help improve our offerings to you.

We use such data to facilitate and track your use of the Website and its services. Fozium also uses environmental variables to measure traffic patterns on the Website. Without expressly informing you in each particular circumstance, we do not match such information with any of your personal information.

You may be provided an opportunity on the Website to subscribe to a periodic newsletter and product updates. This newsletter is a marketing tool that allows Fozium to inform you of new Products and Services, updates, as well as other news relevant to the company. The subscription service requires you to provide your first and last name, your email address, and other information. Optionally, you are asked to provide the name of the company you represent. You are given the opportunity to choose the type of information we provide to you and you will be provided with an opportunity to opt-out from receiving such information by either making appropriate choice within your account or by writing to privacy@fozium.com.

When you submit personal information to Fozium through the Website, 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 Fozium and its affiliates and subsidiaries maintain offices or web hosting servers. 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 Fozium. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.

Fozium may establish relationships with various service providers whose services may become available to you via the Website or from other websites that are linked to the Website. Typically, these providers would offer services that Fozium customers might find useful, such as those that can be used in conjunction with Fozium 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 Website will be subject to the privacy policy posted on that site, and personal information that you provide while on this Website in conjunction with a provider's service will be subject to this Privacy Policy. For instance, the credit card and/or PayPal® information entered as part of the filling out a purchase form or registration process collected by a third party’s registration and/or merchant services is subject to that third party’s privacy policies. You should be aware that our agreements with these service providers often provide that they will share with Fozium personal information collected from you. In such instances, Fozium may use this information in a manner consistent with this Privacy Policy.

Personal Account
You may be given an opportunity in the future to create a personal account containing your personal information. A personal account may be required for receiving certain services to be offered on the Website. Once the personal account is created, you will be able to access, review and update your personal account information online via the Website.

If you wish to deactivate your personal account, you can contact Fozium at privacy@fozium.com. When you deactivate your personal account, all information stored and maintained as part of your account will be deleted from our servers, provided that the information may be retained by Fozium for archival, backup and record purposes. If you create an account, then you have the right to access and change your personal information and privacy preferences at any time by logging into your personal account, where you can view and make changes to your personal information. You may also access and change your personal information and privacy preferences by contacting us at privacy@fozium.com.

Updating Your Personal Preferences
If you were to become a registered user, you will then have the right to access and change your personal information and privacy preferences at any time by logging into your personal account, where you can view and make changes to your personal information. You will also be able access and change your personal information and privacy preferences by contacting Fozium at: privacy@fozium.com.

Information Relating to Children
The Children's Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission Web site at http://www.ftc.gov/. The Website and any products or services available on the Website are not directed at children under 13 years of age and, therefore, COPPA does not apply. However, we recognize that children under the age of 13 may access this Website and subscribe to the newsletter or purchase products and services. The collection of this information is covered above. Parents and Legal Guardians may request from us to review, delete or stop the collection of the personally identifiable information of their child. You may do so by contacting us by letter (using the address information provided at the bottom of this page) or email to privacy@fozium.com.

Securing the Transmission and Storage of Information
Fozium is committed to protecting the security of your personal information and information collected for advertising purposes. We use a variety of security technologies and procedures to help protect your personal information. Fozium operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our users. Fozium takes steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, 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 or from our online products or services, and you use these services at your own risk.

We treat the information you provide to us as confidential information; it is, accordingly, subject to our company’s security procedures and corporate policies regarding protection and use of confidential information. After personally identifiable information reaches Fozium, it is stored on a server with physical and electronic security features as customary in the industry, including utilization of login/password procedures and electronic firewalls designed to block unauthorized access from outside of Fozium. Because laws applicable to personal information vary by country, our offices or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by this Privacy Policy is processed and stored in the United States and possibly other jurisdictions and also in other countries where Fozium and its service providers conduct business. All Fozium 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 a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving any site or service to protect access to your information from subsequent users.


C. USE AND DISCLOSURE OF INFORMATION
How Your Personal Information Is Used
Fozium collects 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, may use other information you provide to contact you for help to process the purchase or service you have selected. 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. Unless you opt-out, your personal information also may be used to keep you informed about new products, product upgrades, patches, special offers, and other products and services of Fozium and selected third parties if you have so opted to receive such communications.

Fozium may collect information about the use of the Website, 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. Fozium may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

Fozium recognizes and appreciates the importance of responsible use of information collected on this Website. Without your consent, Fozium will not communicate any information to you regarding products, services, and special offers available from Fozium or its affiliates, although we may find it necessary to communicate with you regarding your use of the services on this Website. Except in the particular circumstances described in this Privacy Policy, Fozium will also not provide your name to other companies or organizations without your consent.

Disclosure of Information to Third Parties
Fozium does use the services of third parties, such as e-mail service providers, purchase, shipping and order processing merchants and marketing companies that act as independent contractors on behalf of Fozium. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose Fozium specifies. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. We prohibit the sale or transfer of personal information to entities outside of the Fozium’s affiliates for their use without your approval.

Fozium may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a subpoena, or other legal process. Fozium may also disclose personally identifiable information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating this Privacy Policy, the terms of your agreements with the Company or to protect the safety of our users and the public or under confidentiality and licensing agreements with certain third parties which assist us in developing, operating and maintaining the Website and its content.

In the event that all or substantially all of Fozium’s stock and/or all or substantially all assets are transferred or sold to another entity, Fozium may transfer personally identifiable information to the acquiring entity. If, as a result of such a business transition, your personally identifiable information will be used in a materially different manner, you will be given choice consistent with our policy regarding notification of changes.

Choices Available to You
You can always choose whether or not to disclose personally identifiable information and that choice will not prevent you from using the Website. Please note, however, if you should choose to withhold requested information, we may not be able to provide you with some of the services dependent upon the collection of this information and you will be given an opportunity to «opt-in» and make your preference choices for any items that are optional and which are not prerequisite for our rendering such services.

You can choose at anytime to opt out of receiving emails from Fozium or from having your personally identifiable information shared with selected companies. If you wish to opt out, you can do so by editing your preferences with respect to e-mail or the sharing of information. If you elect to «opt out» we will not, as applicable, share your personal information with third parties or send you emails. However, we may continue to use your personal information for internal purposes, to enhance your user experience or as necessary to administer the site or comply with applicable law.

We reserve the right to send a one-time registration confirmation email, and infrequent Service Alert messages to users to inform them of specific changes that may impact their ability to use a service they have previously signed up for, regardless of email contact opt-in status. We also reserve the right to 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.

Fozium is retaining these rights because in limited cases we feel that we may need to contact you as a matter of law or regarding matters that will be important to you. These rights do not allow us to contact you to market a new or existing service if you have asked us not to do so, and issuance of these types of communications is rare.

If and when you create a personal account with Fozium and/or provide your e-mail address and other personal identification information, based on your personal preferences, we may periodically contact you via e-mail and provide information about special offers and promotions that may be of interest to you. These communications will relate to Fozium offers and/or the promotions of select, reputable third parties with whom Fozium has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. We may use a third party e-mail service provider to send e-mails. This service provider is prohibited from using your e-mail address for any purpose other than to send Fozium related e-mail. If you do not wish to receive e-mails with updates and information please unsubscribe by sending email to: unsubscribe@fozium.com. 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. You may also opt-out online by updating your personal account as described in the Updating Your Personal References section of this Privacy Policy (above).

If you wish to opt out of receiving emails, the sharing or retention of any personal identification information, or otherwise change your personal preferences, you may contact Fozium by email at privacy@fozium.com.

To ensure that your request is honored, you must provide Fozium with information sufficient for us to accurately identify and access your records. The information we require is your full name, address and the email address you provided to Fozium when you requested services or products. Fozium reserves the right to contact you to verify that we have accurately identified your record.

Cookies and Web Beacons
The Website uses «cookie» and «web beacon» technology. «Cookies» are short pieces of data generated by a web server that a website stores on a user’s computer. Certain pages on our Website 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 Website and offerings to your needs and provide you with a better online experience with us. In addition, cookies are used to:

  • measure usage of various pages on our Website to help us make our information; more pertinent to your needs and easy for you to access;
  • identify and categorized the internet webpages from which the visitor came to the Website and observe the browsing patterns; and
  • provide functionality such as online orders, Fozium’s services 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 leave the Website. Persistent cookies remain on your computer hard drive until you delete them. We do not use cookies to gather information concerning your visits to other websites, nor ascertain any personally identifiable information about you apart from what you voluntarily provide us in your dealings with Fozium. Cookies do not, under ordinary circumstances, corrupt or damage your computer, programs, or computer files.

In addition, the service 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 Website is accessed and whether the site was accessed from an advertisement. There are no cookies in the advertisements or e-mails. A cookie is placed on your computer only if and when you click on an advertisement or open the 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.

You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so may adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our Website.

Web beacons are used in combination with cookies to help website operators understand how visitors interact with their websites. A web beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. These web beacons are not tied to personally identifiable information. The use of a web beacons allows the site to measure the actions of the visitor opening the page that contains the web beacon. It makes it easier to follow and record the activities of a recognized browser, such as the path of pages visited at a website. Fozium uses the information provided by web beacons to develop a better understanding of how the Website’s visitors use the Website, and to facilitate those visitors' interactions with the Website. Fozium may make the aggregate data obtained from web 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.

D. PRIVACY-RELATED INQUIRIES AND COMPLAINTS
Fozium takes and addresses its 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 Fozium at email: privacy@fozium.com.

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.

Please note that if you provide Fozium 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), Fozium cannot guarantee that your most recent privacy preference will be honored.

Copyright © 2011-2017 Fozium. All rights reserved.
This Website and accompanying products and documentation are the copyrighted property of Fozium Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Fozium and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Fozium Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Fozium or third party trademarks or logos without the prior written consent of Fozium or the applicable trademark owner is strictly prohibited.