Privacy, Security, and Terms of Use
Printable Technologies Inc. Privacy Policy (Updated 3/1/2009)
Printable Technologies Inc.® (“PTI”) respects your privacy and we are committed to protecting it. We recognize your need for appropriate protection and management of the personal information we learn about you while you visit our Web Site and suite of Printable Technologies Application software. This privacy policy lets you know how we use and protect that information. The information that we receive depends on what you do during your visit and use, and what service(s) you request.
Purpose and Scope
This privacy policy discloses what information we gather about you when you visit or use our Web Site and Application software. It describes how we use that information and how you can control it.
European Union Users
YOU EXPRESSLY CONSENT TO PRINTABLE TECHNOLOGIES’S PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE PROCESSED BY PRINTABLE TECHNOLOGIES IN THE COUNTRY WHERE IT WAS COLLECTED AND IN THE UNITED STATES. UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY. IF YOU REPRESENT AN ORGANIZATION, YOU WILL BE RESPONSIBLE TO ENSURE THAT EACH MEMBER OF YOUR ORGANIZATION (INCLUDING EMPLOYEES AND CONTRACTORS) ABOUT WHOM PERSONAL INFORMATION MAY BE PROVIDED TO PRINTABLE TECHNOLOGIES HAS GIVEN HIS OR HER EXPRESS CONSENT TO PRINTABLE TECHNOLOGIES’S PROCESSING OF SUCH PERSONAL INFORMATION.
Information Printable Technologies Gathers and Tracks
Customers and individuals who use the Applications are hereafter collectively called “Users”, or individually “User”. Customer Content and Users’ personal and corporate information are collectively called “Customer Information.
PTI collects and utilizes Customer Information as follows:
Registration: Each User must register, obtain a password. By registering, Users give at least the following data: first name, last name and e-mail address. Customer Information Tracking: PTI collects and tracks aggregate Customer Information regarding how Users use the Applications. Cookies: A cookie is a piece of data stored on the User’s hard drive containing data about the User. PTI sometimes uses cookies to help the Users use our Applications, such as identifying a returning User when they are such User is logged in to PTI and giving them such User a personalized service. Contact between Users: When a User is working on a specific project with other Users, Users can share contact data among themselves. Otherwise, Users cannot obtain contact data of other Users or even discover who else is using the Applications. Sharing of Customer Information: PTI may share aggregated demographic data with its partners and advertisers. This is not linked to any Customer Information that can be used to identify any individual User or any particular supplier or client of Customer. Correcting/Updating Customer Information: If a User’s personally identifiable data or account data changes, User may enter the changes in the Accounts section of PTI’s Web Site.
Personal Information
When you request a service or information, place an order, submit feedback or participate in a forum or survey, we may need to ask you for personal information such as your name, address, email address and telephone number. We do not send you information unless you request it or we believe that the information would benefit your business needs. If you do not want to receive further information from us, simply contact us at the email address listed in the Feedback; Removal from Contact List section below, and request to be removed from the contact list. Once we receive your request, we will use commercially reasonable efforts to remove your name from the contact list. If you wish to update any of your personal information, please contact us at such email address, and we will use commercially reasonable efforts to update your contact information accordingly. Please be aware, however, even if we update your personal information in our contact list, or we remove such information, it may still be stored in other databases (including those kept for archival purposes) and may still be used to compile aggregated or demographic information for supply to third parties in accordance with this privacy policy. It is our policy to not provide information that identifies you personally to a third party without your permission, except to process or fulfill your requests, or as otherwise set forth in this privacy policy.
Non-Identifying Information
We may collect information about our visitors, customers, page views, traffic patterns and related site and application information. This information helps us evaluate and improve our Applications and is sometimes useful for marketing and investment analysis. We may share this information with third parties, but only in aggregate statistical form that includes no personally identifying information.
Use of "Cookies"
Cookies are small files that many web sites place on your hard drive that allow such web sites to identify you. The use of cookies is a standard and common practice of many web sites. For example, if you allow a site to remember your login name or password, the site places a cookie on your computer. We may place cookies on your computer to allow us to identify you during future visits to our Web Site and during use of our Applications. We may use cookies to measure Web traffic, to offer you certain services and to customize your visit. However, if you do not wish to receive cookies, or want to be notified of when they are placed, your browser may permit you to do so. In many browsers, you can change the browser settings to warn you before accepting cookies or to block cookies. If you block cookies, you may not be able to use certain site features or functions, or the Web Site may not operate in an optimal mode.
Security
PTI has used commercially reasonable efforts to design PTI’s Web Site, Applications and Customer’s Web Site to make sure that only authorized Users may obtain Customer Information about their projects. Users have a password that must be used each time a User logs-in to PTI’s Applications. Users may change their password at any time. PTI strongly urges Users not to share their passwords with others. Also, PTI strongly recommends that each User log-out completely after User is finished using PTI’s Applications. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, and every system that allows online access is potentially vulnerable to outside attacks from unauthorized third parties. As a result, while PTI strives to protect Customer Information, PTI can't and doesn’t guarantee or warrant the security of any Customer Information User transmits to PTI, and User does so entirely at User’s own risk. We use reasonable security procedures to protect the information you share with us from unauthorized access or disclosure.
Privacy Protections for Children
Our Web Site and Applications are not directed at children. Therefore, we do not wish to receive, nor do we knowingly collect, personal information from minors.
Links to Other Sites: Users may find links from the PTI Application to independently owned, controlled and/or managed web sites whose content PTI believes will be of possible interest and value to our Users. Additionally, Users may see links from advertisers, sponsors and other partners that may use PTI’s logo as part of a co-branding agreement.
Once a User leaves PTI’s servers, either directly or indirectly, the use of any Customer Information a User provides is governed by the privacy policy of the operator of the site the User is visiting. That policy may differ from PTI’s. If a User can't find the privacy policy of any of these sites via a link from the site's homepage, the User should contact the site directly for more information.
Other Disclosures.
Although your privacy is very important to us, due to the existing legal, regulatory, technical and security environment, we cannot fully ensure, nor do we represent or warrant, that your private communications and other personal information will not be disclosed to third parties. For example, we may be required to disclose your personal information to the government or other third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event we need to investigate or resolve possible problems or inquiries, we can (and you authorize us to) disclose any information about you (including personal information) to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. In all instances, we will cooperate fully when required by law to provide information regarding visitors.
Changes to the Privacy Policy
We reserve the right to change this privacy policy at any time. If PTI decides to change its privacy policy, PTI will post those changes on our PTI Web Site and Dashboard so that Users are always aware able to determine of what Customer Information PTI collects, how PTI uses it, and under what circumstances, if any, PTI discloses it. If at any point PTI decides to use Customer Information in a manner different from that stated at the time it was collected, PTI will notify Users by email. Each User will have an opportunity to consent choice as to whether or not PTI uses Customer Information in this different manner. Except as expressly set forth in a notification of change as described herein, PTI will use Customer Information in accordance with the privacy policy under which the Customer Information was collected.
Feedback; Removal from Contact List
If you have a question or comment about the Printable Technologies Web Site and/or Applications, or wish to update your contact information or be removed from our contact list, please email us at http://www.printable.com/contact/.
Transfer of Information
Notwithstanding anything expressed or implied in this privacy policy, in connection with an assignment, sale, joint venture or other transfer or disposition of some or all of the assets of Printable Technologies Inc., or its affiliated entities, you agree that we can accordingly assign, sell, license or transfer any information, including personal information, that you have provided to us to those third parties directly involved in the transfer or disposition of such assets.
Incorporation
This Privacy Policy is incorporated into and made part of the Printable Technologies, Inc. Web Site & Applications Terms of Use, which can be found at www2.printable.com/termsandcond.asp.
Printable Technologies Application Terms of Use (Updated 3/1/2009)
Agreement between User and Printable Technologies® Inc.
Printable Technologies is comprised of various web sites, application software, utility & download software, third party software, communication forums, sales tools and services provided or operated by Printable Technologies or its business partners (“Partners”). These include, but are not limited to: Printable Dashboard, PrintOne, Printable Manager, FusionPro and other software products currently available and future products & releases along with the www.printable.com website as well as other web sites we may add in the future (collectively the “Printable Technologies Applications”).
With respect to your access and use of the Printable Technologies Applications, Printable Technologies provides its services to you, subject to the following Terms of Use (“TOU”), which may be updated by Printable Technologies from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.
In addition, when using particular Printable Technologies applications, web sites or services, you and Printable Technologies shall be subject to any posted guidelines or rules applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.
You agree to be bound by these TOU, and indicate such agreement by accessing and using the Printable Technologies Applications and services.. If you do not agree to these TOU, do not access and use the Printable Technologies Applications and services.
Permitted Use. Subject to these TOU, Printable Technologies hereby grants you the right to access and use the Printable Technologies Applications. Unless otherwise specified herein, or agreed-upon by Printable Technologies, the Printable Technologies Applications are for your personal, non-commercial use only. Printable Technologies retains all rights with respect to the Printable Technologies Applications except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material on the Printable Technologies Applications unless specifically authorized in writing by Printable Technologies to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Printable Technologies Applications. Such framing is strictly prohibited under this Agreement. The content and software on the Printable Technologies Applications are the proprietary property of Printable Technologies and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. Printable Technologies and FusionPro are trademarks of Printable Technologies. Printable, FusionPro and Printable Dashboard are service marks of Printable Technologies. The names of actual companies and products listed on the Printable Technologies Applications may be the trademarks of their respective owners.
Links to Third Party Sites. The Printable Technologies Applications may contain links or produce search results that reference links to third party web sites (“Linked Sites”). Printable Technologies has no control over these Linked Sites or the content within them. Printable Technologies cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Printable Technologies does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. In addition, the Printable Technologies Applications contains functionality which enables you to directly link to Linked Sites. By using the Printable Technologies Applications to search for or link to another site, whether directly or indirectly, you agree and understand that any and all such use is entirely at your own risk, and that you may not make any claim against Printable Technologies for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site is contained within the Printable Technologies Applications, please contact us and we will investigate the link and take appropriate action.
No Unlawful or Prohibited Use. As a condition of your use of the Printable Technologies Applications, you warrant to Printable Technologies that you will not use the Printable Technologies Applications for any purpose that is unlawful or prohibited by these TOU. You agree not to use the Printable Technologies Applications in any manner which could damage, disable, overburden, or impair the Printable Technologies Applications or interfere with any other party’s use of the Printable Technologies Applications. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Printable Technologies Applications.
Use of Printable Technologies Community Services. If you participate in any chat rooms, bulletin boards, or other forum (collectively “Community Services”) within the Applications, you agree that any information, including without limitation discussion posts, chat posts, web links, advertisements, articles, white papers, and reviews, posted by you:
(b) shall not be fraudulent;
(c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not be obscene or contain child or other pornography;
(g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) shall not create liability for Printable Technologies, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and Partners; and
(i) shall not link directly or indirectly to links you do not have a right to link to or include.
Printable Technologies has no obligation to monitor the Community Services. However, Printable Technologies reserves the right to review materials posted to a Community Service and to remove any materials in its sole discretion. Printable Technologies reserves the right to terminate your access to any or all of the Community Services at any time without notice for any reason whatsoever. Printable Technologies does not control or endorse the content, messages, or information found in any Community Service, and, therefore, Printable Technologies expressly disclaims any liability with regard to the Community Services and any action resulting from your participation in the Community Services. All such participation is solely at your own risk.
Privacy and Disclosure of Information. We believe that your privacy and the privacy of all our users are important. Please review our Privacy Policy which can be found at www2.printable.com/privacyterms.asp. If you post any content to the Printable Technologies Applications, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting any content on the Printable Technologies Applications, you authorize us to use and allow others to use, distribute, and reproduce the content.
Printable Technologies reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Printable Technologies’ sole discretion.
Ownership of Submitted Content. Except with respect to “Customer Content” as set forth below, you agree that any and all information and content that you provide to the Printable Technologies Applications becomes the exclusive property of Printable Technologies, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Printable Technologies upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights. Notwithstanding the foregoing, the ownership of, and the rights of the respective parties regarding, any content provided by you to Printable Technologies that is defined as “Customer Content” in any applicable sales agreement that may be executed between you and Printable Technologies, shall be in accordance with the terms of such sales agreement.
Warranty Disclaimer. Printable Technologies does not promise that the Printable Technologies Applications will be error-free, uninterrupted, nor that the Printable Technologies Applications will provide specific results from your use of any content, search or link on them. The Printable Technologies Applications and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis. Printable Technologies does not warrant or represent that files you download or use from the Printable Technologies Applications will be free of viruses or other harmful features. PRINTABLE TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PRINTABLE TECHNOLOGIES, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PRINTABLE TECHNOLOGIES APPLICATIONS. IN NO EVENT SHALL PRINTABLE TECHNOLOGIES’ AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF PRINTABLE TECHNOLOGIES’ AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE PRINTABLE TECHNOLOGIES APPLICATIONS EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO PRINTABLE TECHNOLOGIES FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00). WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PRINTABLE TECHNOLOGIES APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. PRINTABLE TECHNOLOGIES MAY MAKE AVAILABLE, AS PART OF THE PRINTABLE TECHNOLOGIES APPLICATIONS, CERTAIN TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PRINTABLE TECHNOLOGIES DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR OTHER ASSURANCES OF ANY NATURE WHATSOEVER REGARDING SUCH TOOLS AND UTILITIES, INCLUDING, WITHOUT LIMITATION, REGARDING THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM ANY USE THEREOF.
Additional Representations and Warranties. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Printable Technologies Applications in accordance with these TOU.
Indemnity. You agree to indemnify and hold Printable Technologies and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Designated Agent for Alleged Copyright Infringement. Printable Technologies respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Printable Technologies Applications has been copied in such as way to constitute copyright infringement, please contact our Designated Agent below:
Ms. Lee Wilcox, Chief Financial Officer
Printable Technologies, Inc.
201 Lomas Santa Fe Drive, Suite 270
Solana Beach, CA 92075
e-mail: lwilcox@printable.com
phone: 858.847.6600
fax: 858.793.4120
General. This Agreement shall be governed in all respects by the laws of the State of California without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, Printable Technologies may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Printable Technologies’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.