IMPORTANT: PLEASE REVIEW THIS DIGITAL
RIVER, INC. D/B/A THINK SUBSCRIPTION (“THINK”) PRIVACY POLICY BEFORE SUBMITTING
ANY PERSONAL INFORMATION TO THINK. BY SUBMITTING PERSONAL INFORMATION TO THINK,
YOU ARE CONSENTING TO THE COLLECTION, USE, TRANSFER, AND DISCLOSURE OF YOUR
PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.
This Privacy Policy is effective as
of May 18, 2011. For the most current version of the Digital River, Inc.
d/b/a THINK Subscription Privacy Policy, please visit http://www.thinksubscription.com.
1. In General
A. Digital River, Inc. d/b/a THINK Subscription Operates This Website. This website is operated by Digital River, Inc. d/b/a THINK Subscription
("we," "us," and "our").
B. Scope of This Privacy Policy. Our Privacy Policy, applicable to its corporate website
located at http://www.thinksubscription.com
(the “THINK Website”), describes how THINK collects, uses, transfers and
discloses personal information from and about visitors to the THINK Website (“you”
or “your”). "Personal
information" means information that identifies you personally, either
alone or in combination with other information available to us.
C.
Privacy Notices. This Privacy Policy may be
supplemented or amended from time-to-time by “Privacy Notices” posted on the
THINK Website. These Privacy Notices
provide a level of detail that we cannot provide in this more general
description of our privacy practices.
For example, certain pages of the THINK Website may contain Privacy
Notices providing details about the personal information we collect on those
pages, why we need that information, and choices you may have about the ways we
use that information.
D.
This Privacy Policy May Change. We
reserve the right to update or modify this Privacy Policy, at any time and
without prior notice, by posting the revised version of this Privacy Policy on the
THINK Website. These changes will only apply to personal information we collect
after we have posted the revised Privacy Policy. Your use of the THINK Website
following any such change constitutes your agreement that all personal
information collected from or about you through the THINK Website after the
revised Privacy Policy is posted will be subject to the terms of the revised
Privacy Policy.
To alert you to these changes, we
will update the effective date of this Privacy Policy. We will also provide a
notice at the top of this Privacy Policy for at least 30 days after the new
effective date and highlight the changes so that you can
locate them easily. Unless the change is a minor change (such as a change in
our contact information) or a non-substantive change (such as the reformatting
of our Privacy Policy), we will post a notice of the change to the Privacy
Policy on each page of the THINK Website where this Privacy Policy is displayed
for thirty (30) calendar days after the new effective date to alert you to the
change.
2. What Information Do We Collect?
A.
Personally Identifiable Information You Volunteer.
We collect the personal information you knowingly and voluntarily provide when
you use the THINK Website (for example, the information you provide when you
request information about THINK’s products or services). This information may include, but is not
limited to, (a) your name, e-mail address, physical address, and phone number
with respect to information collected through the THINK Website. Once a client signs an agreement with THINK
for the THINK services, that client will provide personal information to THINK
regarding users of the THINK Client Interface (which may include users’ names,
email addresses, physical addresses, and phone numbers), which is used by THINK
to establish login credentials for the THINK Service Interface.
B. Information Collected By Users of E-Commerce
Services Powered by THINK. Our clients use the THINK
e-commerce services to support their e-commerce operations. Some clients utilize a commerce environment
hosted by THINK on its servers as part of their e-commerce operations. THINK clients utilizing our hosted solution
may collect and store personal and non-personal information about you in
connection with their own e-commerce activities, and this information may be
stored on THINK’s servers on behalf of a client as a service provider for that
client. THINK is acting as a THINK client’s
subcontractor in this regard, and the collection and use of that information is
governed by that client’s own privacy policy.
3. How Do We Use Your Personal
Information?
A. THINK uses the personal information
we collect on the THINK Website and directly from its clients to engage in
discussions with parties which express an interest in the e-commerce services
provided by THINK, and in connection with the establishment and performance of
a business relationship with its clients (which may include, without
limitation, to establish login credentials for the use of the THINK Service
Interface by our client’s employees and representatives, and to provide clients
with customer service and/or technical support and to contact you in the course
of your company’s use of THINK’s services). We may use your personal
information for any other purpose specified at the time of collection. We may also use information provided by
visitors to the THINK Website for direct and indirect marketing associated with
lead generation. We may remove all of
the information that identifies you specifically and use the rest for
historical or statistical purposes, and to improve the THINK website and its
services.
4. With Whom Do We Share Your
Personal Information?
A. Our Service Providers. THINK employs other companies, including our affiliates, to
provide services to us or on our behalf. For example, we may use other
companies for customer lead management purposes, and may use the services of
corporate affiliates of THINK for the storage of your personal information and
operation of our services. These companies are required by contract to use the
personal information we share with them only to perform services to us or on
our behalf and to protect the confidentiality of your personal information.
B. As
Described in a Privacy Notice. We may
share specific personal information as disclosed in a specific Privacy Notice
posted on the page or area of this Web site where you provided that information.
C. For Marketing Purposes. We will not share your personal information with unrelated
third parties to use for their own marketing purposes without your consent.
D. To Comply With Legal Requirements, Cooperate
With Law Enforcement, Prevent Fraud and Other Crimes, and Protect Legal Rights,
Property, You and Others. There are
other limited circumstances in which we may share the personal information in
our databases with unrelated third parties. For example, we may disclose the
personal information we collect on this Site without notifying you when we, in
good faith, believe disclosure is appropriate to comply with the law or a
regulatory requirement; to comply with a subpoena or court order; to cooperate
with law enforcement or other governmental investigations (without necessarily
requiring the law enforcement or government agency requesting the information
to formally serve us with a subpoena); to prevent or investigate a possible
crime, such as fraud or identity theft; to enforce a contract; to protect the
legal rights, property or safety of THINK, our affiliates, our employees, our
clients and partners, agents, other users or the public in general or to
protect your vital interests. We also reserve the right to report to
appropriate law enforcement or government agencies any activities that we, in
good faith, believe to be unlawful without providing notice to you.
E. In Connection With Corporate Events. We may transfer your personal information to another
company that has acquired the stock or assets of THINK, one of our affiliates,
or one of our operating divisions, for example, as the result of a sale,
merger, reorganization, insolvency, dissolution or liquidation. If such a
transfer occurs, the acquiring company's use of your personal information will
still be subject to this Privacy Policy and any
applicable Privacy Notices.
5. How Can You Access, Correct, or
Request We Remove Your Personal Information?
We strive to maintain the accuracy
and integrity of the personal information in our databases and to keep that
information up-to-date. We provide ways for you to access your personal
information as required by applicable law, so that you can correct inaccuracies
or update your personal information. We generally do not charge for this
service, however, we reserve the right to charge a fee as permitted by
applicable law.
THINK respects your right to make
choices about the ways we collect, use and disclose your personal information. Where
applicable, we generally ask you to indicate your choices at the time and on
the page where you provide your personal information. You have the right to
withdraw your consent to our use of your personal information, or to change
your choices regarding our use of your personal information, at any time.
If you would like to review, correct
or challenge your personal information or wish to withdraw your consent to our
use of your personal information, please contact us by e-mail at privacy@thinksubscription.com
(or, with respect to any emails sent to you by THINK, by following the
unsubscribe link in such emails).
We will respond to reasonable
requests within the time limits established by applicable law or within a
reasonable time if no time limit is established by applicable law. For your
protection, we may ask you for additional information to verify your identity.
In most cases, we will provide the access you request and correct or delete any
inaccurate personal information you discover. We reserve the right, however, to
limit or deny your request to the extent permitted by applicable law if: 1) the
disclosure may harm the life, the body, the property and the rights of third
parties, 2) the disclosure may lead to a breach of applicable law and
regulation, or 3) where you have failed to provide sufficient evidence to
verify your identity.
6. How Do We Protect Your Personal
Information?
We have industry standard measures
in place to protect the security of the personal information we collect through
the THINK Website. It is important that
you understand, however, that no website or database is completely secure or
"hacker proof." You are also responsible for taking reasonable steps
to protect your personal information against unauthorized disclosure or misuse,
for example, by protecting your password.
7. Where Will Your Personal
Information be processed?
Digital River, Inc. d/b/a THINK Subscription
is a U.S. Corporation with offices at 250 West Center Street, Suite 200, Provo,
Utah 84601, U.S.A. The THINK Website is hosted
on servers located within the United States, but the locations of our servers may change from time-to-time.
Your personal information will be stored on THINK’s servers located within the
United States and in Ireland. In
addition, THINK may transfer your personal information to its service providers
and others located in the United States or another country for the purposes as
described in this Privacy Policy and any Privacy Notices that apply to you.
Different countries have different
privacy laws and requirements. Please know, however, that no matter where your
personal information is collected, used, transferred or stored, if it was
collected through the THINK Website, it will be protected by the terms of this
Privacy Policy and any Privacy Notices that apply to you.
BY SUBMITTING YOUR PERSONAL
INFORMATION TO US THROUGH THIS WEB SITE, YOU ARE CONSENTING TO THE PROCESSING
OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN
THE WORLD.
8. How Long Do We Retain Your
Personal Information?
We keep your personal information
only as long as we need it for the purposes for which it was originally collected
(or to which you have subsequently consented) or for other legitimate purposes
(such as regulatory compliance), or as permitted by applicable law.
9. Links to Other Web Sites
The THINK Website may contain links
to other websites operated by corporate affiliates of THINK. The THINK Website
may also contain links to websites that are owned and operated by unrelated
third parties. This Privacy Policy applies only to
personal information collected through the THINK Website. When you access other
websites through a link on this website, please take a few minutes to review
the terms of use and privacy statement posted on each website you visit.
10. Children's Privacy
The THINK Website is not directed at
nor targeted to children. No one who has not reached the age of majority in his
or her country may use the THINK Website unless supervised by an adult. We do not use our Website to knowingly
solicit personal information from or market to anyone under the age of majority
in his or her country. Our goal is to comply with applicable laws and
regulations relating to collection and use of information from children,
including the Children's On-line Privacy Protection Act of the United States
and other applicable laws or regulations. If you believe that we have received
information from a child or other person protected under such laws, please
notify us immediately by postal mail addressed to Digital River, Inc. d/b/a THINK
Subscription, ATTN: Children’s Privacy, 250 West Center Street, Suite 200,
Provo, Utah 84601 or by e-mail at privacy@thinksubscription.com,
and we will take reasonable steps to remove that information from our
databases.
11. Governing Law
This Privacy Policy and our Privacy
Notices are governed by the laws of the State of Minnesota, United States of
America, without regard to its conflict of law principles.
12. Questions Concerning Our Privacy
Practices
Maintaining the privacy of your
information is of paramount importance to us as it helps foster confidence,
goodwill and stronger relationships with you, our customers. If, at any time,
you have questions or concerns about this Privacy Policy or our privacy
practices, please contact us by e-mail at privacy@thinksubscription.com.