Online Privacy Policy

A. INTRODUCTION

Introductory Statements

This privacy statement was last updated on 21.05.2004. ElcomSoft has created this privacy statement in order to disclose our information gathering and dissemination practices for this Web site, www.elcomsoft.com. ElcomSoft abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. Upon reading this privacy statement, you will know:
  1. What personally identifiable information of yours or third party personally identifiable information is collected from you through this Website.
  2. The organization collecting the information.
  3. How the information is 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 ElcomSoft's control.
  7. How you can access and correct any inaccuracies in the information collected about you.
Questions regarding this statement should be directed to the ElcomSoft site coordinator by filling our contacts form.

Word from the Company

ElcomSoft Ltd. ("ElcomSoft") has a strong commitment to providing superior service to all of our customers and visitors of this web site (the "Website"), and particularly respecting your concerns about privacy. We understand that you may have questions about how this Website collects and uses information and we have prepared this statement to inform you of the privacy principles that govern the Website (the "Privacy Policy"). 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 in Part C below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy.

This Privacy Policy contains numerous general and technical details about the steps we take to respect your privacy concerns. We have organized this Privacy Policy by major processes and areas so that you can quickly link to the information of most interest to you. The bottom line is that meeting your needs and expectations form the foundation of everything we do - including protecting your privacy.

Personal information on this Website is collected by ElcomSoft and if after reviewing this Privacy Policy you have any questions or privacy concerns please fill in our contacts form.

Changes in Privacy Policy

ElcomSoft wants you to be always aware of what personal information we collect, how we use it and under what circumstances we disclose it. All personal information, as further described in Part B, that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. ElcomSoft reserves the right to change the Privacy Policy from time to time at its sole discretion, and will prominently post any material changes on the home page of the Website. You will be given the opportunity to opt-out. If as the result of such changes, you want to alter the ways in which ElcomSoft is allowed to use your personal information, you can do so by following the procedure described in Section Creating and Updating Your Personal Account and 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 Website after such notice has been posted for thirty (30) days with the following exception: if at the time you provide personal information to ElcomSoft you limit how such information will be used to communicate with you, either by ElcomSoft or by third parties, ElcomSoft will not change your preference in this regard without your express consent except as otherwise specifically provided in this Privacy Policy.

Third Party Websites

ElcomSoft does not control the information collection and distribution policies on Internet domains other than those Internet domains that are under the control of ElcomSoft itself. When you are on the ElcomSoft Website, you may be directed to other sites that are beyond our control. These other sites may independently collect data, solicit personal information, or send their own cookies to you. ElcomSoft is not responsible for any use of the information, including click-stream data, that you may create when using such third party sites.

Legal Issues

This is a Russian website and is subject to the laws of the Russian Federation. ElcomSoft will disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to ElcomSoft guests, visitors, associates, or property (including this site), 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 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.

ElcomSoft 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, we will provide this information upon receipt of the appropriate documentation. ElcomSoft may also provide information to law enforcement to protect its property and the health and safety of individuals as permitted by law.

B. COLLECTED INFORMATION

Browsing

This 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 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 web site, 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 such information in order to make our Website function correctly and provide you the functionality that you see on this Website, as our servers use this information to deliver to you the pages on this Website. We also use this information to better understand how visitors use our Website and how we can better tune our Website, its contents and functionality to meet your needs.]

Information We Collect

As a visitor to this Website, you can engage in many activities without providing any personal information as described above in Section Browsing above. In connection with other activities, such as subscribing to the services offered on the Website, utilizing online software applications or purchasing any of the products and services available on the Website, ElcomSoft 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. If you elect to engage in these activities or make purchases, however, ElcomSoft 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, job title and department, telephone and facsimile numbers, and other personal information. This information is requested in conjunction with the purchase and registration of our products or services. In addition, as noted below, minimum information is requested if you choose to subscribe to our newsletter service.

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 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.

ElcomSoft is the sole owner of the information it gathers on its site. ElcomSoft will only share your information with outside parties in ways that are described in this privacy statement 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 provisions of the laws and regulations, cooperate with law enforcement agencies, or comply with a legal process served on our Web site.

When you use the Website, ElcomSoft or third parties authorized by ElcomSoft may also collect certain technical and routing information about your computer to facilitate your use of the Website and its services. When you surf the Internet, your Internet browser (such as Netscape Navigator® or Microsoft Internet Explorer®) automatically transmits some information to ElcomSoft every time you access content on one of our sites. Examples of such information include the URL of the Web page you were just on (known as the "Refer"), the IP (or Internet Protocol) address of the computer you are using, or the browser version you are using to access our site. All of this information may be collected by ElcomSoft 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. ElcomSoft also uses such 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.

When you place an order for software or services online, you are re-directed to a third-party Website operated by RegNow. This company administers its own Privacy Policy that is not under the control of ElcomSoft. Prior to placing an online order, please review RegNow's Privacy Policy.

Information that you provide while using products such as the Guestbook feature is available for all to see. Discretion should be used in entering Personally Identifiable Information within such forums, as it may be collected by third parties. ElcomSoft does not actively associate the message content entered by our users in the Guestbook with any registration information we may possess. Our server computers will retain this information, however; and it is potentially available for distribution to third parties - most obviously law-enforcement agencies acting under subpoena power, per the terms of our Privacy Policy. We do not use this information to target any advertising to our users, nor is it ever willingly distributed to any third party, such as an advertiser, except if subpoenaed.

You are provided an opportunity on the ElcomSoft Website to subscribe to a periodic newsletter. This newsletter is a marketing tool that allows the company to inform you of new products and services, as well as other news relevant to the company. The subscription service requires you to provide your first and last name as well as your email address. 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.

While the subscription list is maintained by a trusted third party affiliate, the list remains the sole exclusive property of ElcomSoft. Your name and email address is not shared with any third party and will not be used to send you unsolicited communications. A link is provided to allow you to change your subscription preferences, including cancellation of your subscription.

When you submit personal information to ElcomSoft through this 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 ElcomSoft and its affiliates and subsidiaries maintain offices. 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 ElcomSoft. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.

ElcomSoft may establish relationships with various service providers whose services may become available to you from this Website or from websites that are linked to this Website. Typically, these providers would offer services that ElcomSoft customers might find useful, such as those that can be used in conjunction with ElcomSoft 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 Website 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 ElcomSoft personal information collected from you. In such instances, ElcomSoft may use this information in a manner consistent with this Privacy Policy.

Updating Your Personal Preferences

You may correct your personal information and privacy preferences (such as whether you wish to receive promotional communications from ElcomSoft or third parties) by filling our contacts form.

Securing the Transmission and Storage of Information

ElcomSoft 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.

ElcomSoft takes steps to ensure that your information is treated securely and in accordance with our Terms of Service and 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 ElcomSoft 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 ElcomSoft. 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 various countries where ElcomSoft and its service providers conduct business. All ElcomSoft 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.

C. USE AND DISCLOSURE OF INFORMATION

How your personal information is used

ElcomSoft collects your information in order to record and support your participation in the activities you select. We will use your e-mail address to send a confirmation and, if necessary, might use the other information 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. Your personal information is also used to keep you informed about product upgrades, patches, special offers, and other products and services of ElcomSoft and selected third parties if you have so opted to receive such communications.

ElcomSoft 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. ElcomSoft may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

ElcomSoft recognizes and appreciates the importance of responsible use of information collected on this Website. Without your consent, ElcomSoft will not communicate any information to you regarding products, services, and special offers available from ElcomSoft 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, ElcomSoft will also not provide your name to other companies or organizations without your consent.

Disclosure of Information to Third Parties

ElcomSoft does use the services of third parties, such as e-mail service providers, purchase and order processing merchants and marketing companies that act as independent contractors on behalf of ElcomSoft. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose ElcomSoft 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 ElcomSoft's affiliates for their use without your approval.

ElcomSoft 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. ElcomSoft 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 our Terms of Use, End User License Agreement or to protect the safety of our users and the public or under confidentiality agreements with certain third parties which assist us in developing, operating and maintaining ElcomSoft.

In the event that all or substantially all of ElcomSoft's stock and/or assets (or the assets of a division or subsidiary) are transferred or sold to another entity, or ElcomSoft (or a division or subsidiary) is acquired by, or merged with, another entity, ElcomSoft may transfer personally identifiable information to the acquiring entity and ElcomSoft 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. 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 ElcomSoft 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.

You can choose at anytime to opt out of receiving emails from ElcomSoft or from having your personally identifiable information shared with selected companies. If you want to opt out, you can do so by editing your preferences with respect to email 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 our Terms of Use or End User License Agreement.

ElcomSoft is retaining these rights because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters which 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 are rare.

Cookies

Our Website uses "cookie" 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:
  1. allow registered users to sign in without typing their sign in name each time;
  2. 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; and
  3. provide functionality such as online orders, ElcomSoft'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 sites, nor ascertain any personally identifiable information about you apart from what you voluntarily provide us in your dealings with ElcomSoft. Cookies do not 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 advertisement or e-mail. 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 will adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our Website.

D. PRIVACY-RELATED INQUIRIES AND COMPLAINTS

ElcomSoft 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 Online Privacy Policy with regard to your personal information or you have other related inquiries or concerns, you may fill in our contacts form.

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 ElcomSoft Online Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly.

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


Please also have a look at at our Terms of Use.

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