Kontera Privacy Notice

Welcome to the Kontera Technologies, Inc. ("Kontera") web site at http://www.kontera.com/ (the "Site").  Kontera values the privacy of our other customers and visitors of the Site (referred to individually as "User" and collectively as "Users").

This Privacy Notice describes what information we gather from you, how we use that information, and what we do to protect it.  By using the Site, you expressly consent to the information handling practices described in this notice.

This Privacy Notice is incorporated into and is subject to the Kontera Terms of Service.  Your use of the Site and any personal information you provide on the Site are subject to the terms of this Privacy Notice and Kontera's Terms of Service. .

The Information Kontera Collects:

•         User-provided Information:  You may provide to Kontera what is generally called "personally identifiable" information (such as your name, email address, postal mailing address, home/mobile telephone number, credit card number and billing information) when using the Site. For example, if you are an advertiser or web publisher and use the Site to request a contact from our sales or business development department, we will ask for your name, email address and other contact information so that a Kontera representative can respond to your inquiry.
•         "Cookies" Information:  When you visit the Site, we may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer.  Kontera may use both session cookies and persistent cookies. A session cookie disappears after you close your browser.  A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site.  Persistent cookies can be removed.  Please review your web browser "Help" file to learn the proper way to modify your cookie settings.
•         "Automatically Collected" Information:  When you visit the Site, we may automatically record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons."  This "automatically collected" information may include Internet Protocol address ("IP Address"), web browser type, the web pages or sites that you visit just before or just after the Site, the pages you view on the Site, and the dates and times that you visit the Site. 

The Way Kontera Uses Information:

•       Kontera uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features, information and services found on the Site.  We will use your email address, without further consent, for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues.
•       Kontera uses all of the information that we collect to understand and analyze the usage trends and preferences of our Users, to improve the way the Site work and look, and to create new features and functionality.
•       Kontera may use "automatically collected" information and "cookies" information to:  (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide customized third-party advertisements, content, and information; and (c) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
•       Kontera will not use your email address or other personally identifiable information to send promotional messages unless you have opted in or otherwise requested that Kontera contact you about the Kontera services or other information.
  
  

  When Kontera Discloses Information:

• Kontera does not share your personally identifiable information with other organizations for their marketing or promotional uses without your express consent. 

• Kontera discloses automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Site.

• Kontera works with some authorized service providers to provide website hosting and maintenance as well as other services for us.  Kontera requires these services providers to safeguard personally identifiable information you provide to us. To the extent it is necessary for these service providers to complete their contractual obligations to Kontera, these third parties may have access to or process your personally identifiable information. Kontera generally limits their use of your personally identifiable information to the purpose for which it was shared.

• Kontera may also disclose User 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 (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant.  In some cases, we may make such disclosures without first providing notice to Users.

• Kontera also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Kontera from fraudulent, abusive, or unlawful uses; 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 Site; or to protect the rights, property, or personal safety of Kontera, our Users, or others.

 
Your Choices

You may, of course, decline to share your personally-identifiable information with Kontera, in which case Kontera will not be able to provide to you some of the features and functionality found on the Site.

For publishers and advertisers, 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 your unique password and account information at all times. 

Our Commitment to Children's Privacy:
Protecting the privacy of young children is especially important.  For that reason, Kontera does not knowingly collect or maintain personally identifiable information on Site from persons under 13 years-of-age, and no part of Site is directed to persons under 13.  If you are under 13 years of age, then please do not use or access Site at any time or in any manner.  If Kontera learns that personally-identifiable information of persons less than 13-years-of-age has been collected on Kontera without verifiable parental consent, then Kontera will take the appropriate steps to delete this information.  If you are a parent or guardian and discover that your child under the age of 13 has obtained a Site account, then you may alert Kontera at support@kontera.com and request that Kontera delete that child's personal information from its systems.

Parents, the following are some resources that may help you in monitoring and limiting your children's access to certain types of material on the Internet.  While Kontera does not endorse these products, we provide information about them as a public service to our Users. 

•      "OnGuard Online ," maintained by the Federal Trade Commission.  http://onguardonline.gov/socialnetworking.html
•       Control Kids:    http://www.controlkids.com/
•       Cyber Sitter:     http://www.solidoak.com/
•       Net Nanny:       http://www.netnanny.com/

Our Commitment to Data Security:
Kontera uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information.  We cannot, however, ensure or warrant the security of any information you transmit to Kontera, and you do so at your own risk.  Once we receive your transmission of information, Kontera 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 Kontera learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Kontera may post a notice on the 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.  To receive a free written notice of a security breach you should notify us at support@kontera.com.

International Visitors:
The Site is hosted in the United States and is intended solely for visitors located within the United States.  If you nonetheless choose to use the 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 Site you consent to that transfer.

In the Event of Merger or Sale:
In the event that Kontera is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

Changes and Updates to this Privacy Notice:
This Privacy Notice may be revised periodically without further notice to you and this will be reflected by a "last modified" date below.  Please revisit this page to stay aware of any changes.  In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received that personal information.  Your continued use of the Site constitutes your agreement to this Privacy Notice and any future revisions.

For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing such revisions with respect to such information.

Effective Date, Date Last Modified:
This Privacy Notice is effective as of December, 2007.

This Privacy Notice was last modified of December, 2007.

Kontera Contact Information:

Please contact Kontera with any questions or comments about this Privacy Notice, your personal information, our third-party disclosure practices, or your consent choices at:  1550 Bryant St. Suite 975, San Francisco, California 94103, U.S.A. and email: support@kontera.com.