Privacy Policy

Welcome to the website properties (the “Kinoma Web Sites”) of Kinoma Inc. and its affiliates, successors, and assigns (collectively referred to as “Kinoma”). Kinoma products and services (collectively, the “Products and Services”) are offered by Kinoma through web pages at or linked to the Kinoma Web Sites, and are made available subject to this Privacy Policy. This Privacy Policy discloses the privacy practices of Kinoma. Kinoma reserves the right to change this Privacy Policy from time to time at its sole discretion. You are at all times responsible for reading and understanding any notices regarding this Privacy Policy and the current version of this document, as well as reading and understanding the current versions of all other Kinoma policies, procedures and guidelines relating to the Products and Services and the Kinoma Web Sites. YOUR CONTINUED USE OF KINOMA WEB SITES AND/OR THE PRODUCTS AND SERVICES FOLLOWING KINOMA’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PRIVACY POLICY, DO NOT CONTINUE TO USE THE PRODUCTS OR SERVICES OR THE KINOMA WEB SITES.

1. What information does Kinoma collect?
2. What are “cookies” and how does Kinoma use them?
3. What organization is collecting the information?
4. How does Kinoma use the information it collects?
5. With whom does Kinoma share the information that is collected?
6. What types of security procedures are in place to protect against the loss, misuse or alteration of your information?
7. Kinoma notice regarding the U.S. Children’s Online Privacy Protection Act (COPPA) of 1998
8. Updating your personal information and privacy preferences.
9. Inquiries and Complaints
10. Disputes

Contact information for questions regarding this statement should be directed to:

Kinoma Inc. Privacy Site Coordinator Privacy Compliance
P.O. Box 4177
Menlo Park, CA 94026
Fax: +1 650 618-1627
privacy@kinoma.com

Please note that Kinoma Web Sites may contain links to other sites and that these sites’ Privacy Policies may not conform to our own. This Kinoma Privacy Policy does not cover third party data collection practices and Kinoma does not assume any responsibility for any actions of third parties. You are solely responsible for reading and understanding the privacy and other policies of such web sites, and for complying therewith.

1. What information does Kinoma collect?

The goal of Kinoma is to provide you with the information, services and resources that are most relevant and useful to consumers and professionals interested in PDA media. To achieve this goal, Kinoma sometimes needs to collect information to understand what differentiates you from other unique users. We collect two types of information from you, “anonymous information” and “personally identifiable information.” Anonymous information refers to information that cannot be tied back to a specific individual. Each time a visitor comes to a Kinoma Web Site, Kinoma collects some information to improve the overall quality of the visitor’s online experience. For example, Kinoma collects general information regarding the visitor’s IP address (e.g., whether the user is logged on from a .com, .gov or .edu domain), referral data (e.g., the address of the last URL a user visited prior to clicking through to a Kinoma Web Site), and browser and platform type (e.g., a Netscape browser on a Macintosh platform). Kinoma also collects aggregate search terms from its search services for internal reporting and targeted content presentation (that is, web pages which are dynamically displayed based on your individual interests). Kinoma collects this user information for purposes of product monitoring, product improvement, and target content.

In addition to this anonymous data, Kinoma may also collect personally identifiable information. Personally identifiable information refers to information that tells us specifically who you are, such as your name and postal address. Kinoma collects personally identifiable information in the following ways from different parts of its network of web sites:

• Most of the personal information is gathered when you register with one or several of Kinoma Web Sites (often when you use a computer program or other Product or Service for the first time). If you choose to register, you may provide Kinoma with your name, postal address, email address, birth date, gender, zip code and other requested information. While not all of this information may be required, the more information you volunteer (and the more accurate it is), the better we are able to customize your experience.
• Kinoma may also specifically ask you whether we may send you information about Products and Services related to a Kinoma purchase.
• Kinoma collects information from commercial transactions, from requests for information on the Kinoma Web Sites, and from its registration database.
• Kinoma may review and compare installation information from your computer, including product, version, build, language, and OEM.
• If you contact Kinoma, we may keep a record of that correspondence, including your email address. We use that information so that we may respond to that email, and for future reference.

2. What are “cookies” and how does Kinoma use them?

A cookie is a small text file containing a unique identification number that is transferred from a web site to the hard drive of your computer so that the web site may identify you and track your activities on the web site. This unique number identifies your browser to computers whenever you visit the web site making use of them. A cookie will not allow a web site to learn any personally identifiable information (such as your real name and address) that you have not otherwise disclosed.

In order to improve the Kinoma Web Sites, we use cookies to track your visits. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. For some Kinoma Web Sites that require an authorization, cookies may not be optional; users choosing not to accept cookies may not be able to access such Web Sites or to use some or all of the Products and/or Services otherwise available on such Web Sites.

3. What organization is collecting the information?

When you provide information on any of the Kinoma Web Sites, that information is collected and maintained either by Kinoma or by an authorized agent of Kinoma, unless specifically stated otherwise at the point of collection.

4. How does Kinoma use the information it collects?

Any personal information you provide to Kinoma at any of the Kinoma Web Sites is maintained and accessible only by Kinoma and its authorized agents, unless specifically stated otherwise. Kinoma may request information from its users so that users can enjoy customized experiences across Kinoma Web Sites, including personalization services, interactive communications, discussion groups, and many other types of content and services. Most of these Products and Services are free to you. In order to provide great content and services free of charge, Kinoma may display advertisements.

The following are examples of how Kinoma may use the information it collects:

• Kinoma may provide you with technical support, updates to Products and Services, and upgrades to newer products as they become available.
• Kinoma may offer its users the ability to personalize content such as news, local resources, links to other web sites, and more.
• Kinoma may, from time to time, use your information to contact you about changes or enhancements to Kinoma Products and Services.
• Kinoma may be required by law enforcement or judicial authorities to provide information on individual users to the appropriate governmental authorities. In matters involving a danger to personal or public safety, Kinoma may voluntarily provide information to appropriate governmental authorities. If you are a member of the military, you should not register any personally identifiable information at the Kinoma Web Sites in the eventuality that it may be subpoenaed.
• Kinoma sometimes uses an individual registered user’s data to “pre-populate” forms that are displayed when that user has logged in for the purpose of collecting individual data by Kinoma and/or its advertisers and sponsors.
• Kinoma may use the aggregate data collected to inform our sponsors, advertisers and other third parties as to numbers of people who have certain demographic characteristics and the number of those people who have seen and “clicked” on specific pages or advertisement(s). We may also disclose to such third-parties the overall demographics available regarding who saw and “clicked” on advertisements. No personally identifiable information will be disclosed to any individual, whatsoever, as part of this process without your express consent; only information in an aggregate form.
• In the event Kinoma sells assets (or the assets of a division or subsidiary) to another entity, including, without limitation, in the event of bankruptcy, or if Kinoma (or a division or subsidiary) is acquired by, or merged with, another entity, Kinoma may provide to such entity customer and visitor information (both aggregate and personally identifiable) that is related to that part of the business that was sold to or merged with the other entity.
• If you inform Kinoma that you are interested in receiving offers or information, Kinoma may send you email or otherwise contact you about products and services that we feel may be of interest to you, including, without limitation notification of sales, coupons, newsletters and other communications. For those who elect to receive such materials from Kinoma or third parties, and who indicate that they do in their profile, Kinoma will release personally identifiable information. Information released may include your name, email address and other information supplied in the Kinoma registration process, and only when you specifically grant us that right.
• Kinoma also uses aggregate data to perform statistical analyses of the collective characteristics and behavior of our registered users and visitors, to measure user demographics and interests regarding specific areas of the Kinoma Web Sites, and to analyze how and where best to use our resources.

5. With whom does Kinoma share the information that is collected?

Information about our customers and visitors to the Kinoma Web Sites is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described in this Privacy Policy and with affiliates, subsidiaries and agents that either are subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.

When you submit personally identifiable information to Kinoma, 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 Kinoma and its affiliates and subsidiaries maintain offices, including, without limitation, the United States. 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 Kinoma. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.

Kinoma has established relationships with various service providers whose services are available to you from the Kinoma Web Sites or from web sites that are linked to the Kinoma Web Sites. Typically, these providers offer services that Kinoma customers might find useful, such as those that can be used in conjunction with Kinoma Products and Services. In order to use those services, you may be required to provide personally identifiable or other information to the providers. Unless expressly provided to the contrary, personally identifiable information that you provide while you are visiting a provider’s web site will be subject to the privacy policy posted on such web site, and personally identifiable information that you provide while on the Kinoma Web Sites in conjunction with a provider’s service will be subject to this Privacy Policy. As noted above, you are solely responsible for reading and understanding the privacy and other policies of these service providers and all other third party web sites you visit. You should be aware that our agreements with these service providers often provide that they will share with Kinoma personal information collected from you. If we do receive information from a third party service provider, we may use this information in a manner consistent with this Privacy Policy. In the situation where web sites have a Kinoma “look and feel,” and you reasonably believe you are on a Kinoma Web Site, the web site should be collecting information in an intermediary capacity, and not for secondary purposes.

6. What kinds of security procedures are in place to protect against the loss, misuse or alteration of your information?

Kinoma has security measures in place to attempt to protect against the loss, misuse and alteration of your user data under our control. We have implemented rules and procedures designed to limit access to the information you provide us to authorized Kinoma employees and agents. Despite the steps we take to ensure the protection of your information, unfortunately we cannot guarantee that loss, misuse or alteration to data will not occur. To better protect you, we encrypt particularly sensitive information, such as credit card numbers collected for a commerce transaction on the Kinoma Web Sites, prior to transmission.

You are responsible for the security of your Kinoma ID and password. Please take care when using and storing them. Kinoma recommends that you do not divulge your password to anyone. You should log out of your browser at the end of each computer session to ensure that others cannot access your personal information and correspondence, especially if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.

7. Kinoma notice regarding the U.S. Children’s Online Privacy Protection Act (COPPA) of 1998

The Children’s Online Privacy Protection Act (COPPA) of 1998 provides safeguards to protect children who use the Internet by regulating the online collection of personal information from children under the age of 13. Kinoma does not sell Products or Services for purchase by children, and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use the Kinoma Web Sites only in conjunction with your parents or guardians.

8. Updating your personal information and privacy preferences

We offer you certain limited ways in which you yourself can change the information you previously submitted to us by logging in and entering new information. For example, you can change your subscription to mailing lists via registration or via the Kinoma mailing list site at http://kinoma.com/optin.html. You can also change your support login password by going through the Kinoma Online support incident submission located at http://kinoma.com/emailsupport.html or http://www.kinoma.com/forum and selecting the customer information option. If you would like to change any informaiton that you entered via our estore partners, you can make modifications by contacting them: element 5 at http://esales.element5.com/ccc/index.html or Cleverbridge (for puchases done from your phone or other mobile device) at http://www.cleverbridge.com/en/contact.html. We offer you certain limited ways in which you yourself can change the information you previously submitted to us by logging in and entering new information. For example, you can change your subscription to mailing lists via registration or via the Kinoma mailing list site at http://kinoma.com/optin.html. You can also change your support login password by going through the Kinoma Online support incident submission located at http://kinoma.com/emailsupport.html or http://www.kinoma.com/forum and selecting the customer information option. If you change your support login email address you will also have to re-register your product again with the new email address.

If you would like to change any other information, such as other information collected during registration you can send us an e-mail request at privacy@kinoma.com with specific instructions on what information you would like changed. You can request to change your email address, contact information, financial information, shipping information and user preferences. For security purposes, you may be required to supply us with additional information including a contact phone number in order for us to authenticate your account. Once posted, you may not be able to change or remove any public postings made on the Kinoma Web Sites, including our chat rooms or other message or feedback areas.

Upon your request, we will deactivate your Email Address, contact information, billing information, shipping information, and financial information from our active databases. To make this request, please. email privacy@kinoma.com Such information will be deactivated as soon as reasonably possible based on Email Address activity and in accordance with our deactivation policies and procedures, and applicable law.

We will retain in our files information you have requested be removed and in some circumstances, such as to resolve disputes, troubleshoot problems and enforce the policies, procedures and agreements set forth on the Kinoma Web Sites. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored “back up” systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.

9. Inquiries and Complaints

If you have any concern about privacy at Kinoma, please send us a thorough description of your concern to privacy @ kinoma.com or the address above, and we will try to resolve it.

10. Disputes

If you choose to visit any Kinoma Web Site, your visit and any dispute over privacy is subject to this Privacy Policy and our Legal terms and conditions, including limitations on damages, arbitration of disputes, and application of the law of the State of California.

Last updated: 6/19/2008