Fluidity Software, Inc.

Privacy Policy

IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THIS PRIVACY POLICY WITH YOUR PARENTS OR GUARDIAN AND ASK THEM QUESTIONS ABOUT WHAT YOU DON'T UNDERSTAND.

This Privacy Policy describes how Fluidity Software, Inc. ("Fluidity") collects, uses and discloses information about Users and their use of the FluiditySoftware.com site (the "Site"). Fluidity has a strong commitment to protecting the privacy of Users and to assuring the integrity of the Site. This Privacy Policy has been developed with these goals in mind and will be continuously assessed against new technologies, business practices and Users' changing needs.

1. Information We Collect

Our primary goal in collecting information from Users is to provide a Site with integrity and to enable us to provide you with efficient and professional products and services.

In general, Fluidity does not collect “personally identifiable information” about you, except when you knowingly provide such information as the result of the use of one or more of the features of the Site. Although you do not have to provide us with any personal information to visit the Site, you may not be able to fully utilize all of the services on the Site if you choose not to provide certain information. If you do choose to give us personally identifiable information through the Site, we will collect and retain that information in accordance with this Privacy Policy.

(a) User Information. To request information concerning our products and services, Users may contact us using our online request form or automated email, where they are required to provide us with User information, including personally identifiable information such as name, address, telephone number, email and other information.  We may also collect other types of non-personal information (information that, by itself, cannot be used to identify or contact you), such as demographic information (your age, gender, income, education, profession, zip code, etc.) and information about your personal interests, which we may associate with personally identifiable information.  Furthermore, to purchase our products or access the premium services available on the Site, Users must register using our online registration form, where they are required to provide us with User information, including personally identifiable information such as name, address, telephone, email and other information.  If you license products or purchase services from us, we'll note the type of products or services ordered, and the date of the order. Finally, our Site may offer message boards, conversation pages, chat rooms, social community environments, profile pages, and other Public Forums (as defined in the Terms of Use governing our Sites (the "Terms of Use")), as well as other features in which you may provide us with User Submissions (as defined in the Terms of Use). If you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party. Our rules regarding User Submissions are described in the Terms of Use.

(b) Usage Information. We also automatically track certain information about Users based upon their behavior in the Site. Such information may include the URL that the User just came from, which URL the User next goes to, what browser the User is using, and the User's IP address.

(c) Information Not Collected; Information Submitted By Children.  We will never ask you for personal information such as your social security number, or any health information concerning you, and such information should not be submitted to Fluidity or posted on this Site. The Site is intended for Users who are parents, educators, institutions and persons over the age of 18, and is not specifically directed to children under age 13.  No personally identifiable information of children should be submitted to or posted on this Site by children without the consent of their parent or guardian.  Also see Section 5 below concerning use of this Site by children.

2. Third Party Sites

Users may be redirected from the Site to a third party site in order to access such third party’s information, or to use such third party’s online tools, including order and payment processing to complete the payment of any applicable service and license fees to Fluidity.  Users may provide that third party with personally identifiable information, or other information which may be requested or collected by such third party, including banking and credit card information.  Fluidity does not have access to that information, and a User’s disclosure of such information to a third party is at its own risk and subject to such third party’s privacy terms.

3. Our Use of Information

Generally, we use information about our Users to analyze Site usage, to improve our content, products and service offerings and to customize our Site's content, layout, and services to meet our Users’ needs. We use information to process User requests, to contact Users regarding their use of, changes to, or new products or services that we offer, and to do internal research on our Users' demographics, interests, and behavior to better understand and serve our Users. We may use information to market our products and related services, including special offers and promotions. These marketing and promotional materials may be sent to you by postal mail, email or other means.  However, the individual or organization will always be given the opportunity to elect to “opt-out” to not to receive further marketing information from us. See Section 8 below for ways to opt-out. Finally, we may use your information to complete transactions requested by you (such as your purchase of a product or service offered on our Site), or to send you administrative communications either about your account with us or about features of our Site, including any future changes to this Privacy Policy.  Because these do not involve sending you promotional materials, your opt-out option will not apply permitted transactional or administrative uses of your personal information.

4. Our Disclosure of Information

Fluidity's policies regarding the disclosure of User information are as follows:

• We do not sell, rent or loan User information to any third party.
• We will obtain permission before disclosing any User information for a purpose not authorized by a User or this Privacy Policy.
• We may occasionally aggregate our User information and disclose such information to third parties in aggregate form for a number of business purposes, including running and enhancing the Site. In these situations, we do not disclose any information that could be used to personally identify our Users.
• Occasionally, we may disclose User information to third parties we engage to facilitate our services. In such instances, we obligate those third parties to conform to our privacy standards. In addition, our corporate policies require that employees with access to confidential information about our Users may not use or disclose the information except for Fluidity's business use. 
• Fluidity may transfer personal information subject to this Privacy Policy to a purchaser in connection with the sale of all or a portion of its business or assets.

We reserve the right to disclose or report information about our Users in limited circumstances where we believe in good faith that disclosure is required under law, to cooperate with regulators or law enforcement authorities, and to protect the rights, safety and security of Fluidity, the Site and our Users.  Furthermore, we may disclose User information to enforce our Terms of Use, or enforce contest, sweepstakes, promotions, and/or game rules that we may offer on the Site. 

5. Use of the Site by Children

PARENTS AND TEACHERS: We encourage parents, guardians and teachers to spend time with their children (age 13 and under) when their children engage in the on-line activities on this Site. We will never request personally identifiable information from a child in any of our public postings areas. We do not require a child to disclose more personally identifiable Information, than is reasonably necessary to participate in the on-line activity. No personally identifiable information of children should be submitted to or posted on this Site by children without the consent of their parent or guardian. We encourage parents to help us protect their children's privacy by instructing them never to provide personally identifiable information on this Site or any other website without parental permission.

CHILDREN: Please do not give your full name, email address, home address, telephone number or any other personally identifiable information that would enable someone to contact you either on-line or off-line, without first asking your parent or guardian and teacher for permission.

We do not knowingly collect personally identifiable information from children on this Site either directly or passively except when a child may voluntarily submit such information through a “Contact Us” link on the Site or a public posting area on the Site, if such feature is available. If a child emails us via a "Contact Us" link, and we can identify the sender as a child, any personally identifiable information submitted will only be used to respond on a one-time basis to such child. In addition, if we have actual knowledge that a child is sending or posting personally identifiable information on any area of this Site, we will use commercially reasonable efforts to delete such personally identifiable information before it is made public. Please note that any online store for the license of Fluidity products or the purchase of premium services on the Site is intended for parents, teachers, institutions and other adult purchasers over the age of 18 and requires the submission of personally identifiable information to fulfill and service any transactions.

We may disclose a child's personally identifiable information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Users, or anyone else that could be harmed by such activities. We may also disclose a child's personally identifiable information when we believe in good faith that the law requires it.

6. Security Measures to Safeguard Information

The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect User information from unauthorized access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.

 

7. Cookies

We use cookies to assist us in securing your transactions and to enhance the performance of the Site. We use a common technique, HTTP-header cookies, to identify one page request from another. The cookies the Site creates do not contain any personal information. They merely allow us to recognize that a page request comes from someone who has already logged on. While your browser may allow you to "reject" cookies, the Site requires that you accept all cookies in order for the features and security mechanisms to function fully. Cookies are stored on a User's hard drive, not on the Site. Cookies are "session cookies", meaning that they are automatically deleted at the end of a session, or are automatically "timed out" after extended inactivity.

  

8. Opt-Out Options

There are several methods by which you can exercise your opt-out choices to not receive marketing communications from us: (a) during the registration process on our Site; (b) after registration, by logging in to your User account on our Site, and following the opt-out directions in your account; or (c) by clicking on “unsubscribe” links in promotional emails that we may send you.

 

9. Changes to User Information and Transaction Information.

If you are a User and have a concern about your User information, or want to correct, update, or confirm such information, please log in to your account on the Site and view and/or change such information within your account.  

10. Username and Passwords

Your Username, together with your Password, is your private entry key into accessing the premium services on the Site.  You should never share your Username or Password with anyone, and you should change your Password periodically on the Site within your User account. If you need to recover your Password, you can use the automated Password recovery process on the Site, or contact us via email at webmaster at fluiditysoftware.com. Please include information in the email that will help us identify your account so we can assist you with your request.  We will associate that Username and Password with the User information that you provide during registration (that is, your postal address, email address, or any other information that would directly enable us to contact you) and information that we collect during your subsequent transactions such as online orders and your use of the premium services on the Site. In some cases, your account may expire or be terminated under our Terms of Use. If so, you may contact us via email at webmaster at fluiditysoftware.com to update your information and opt-out choices (to the extent that we still retain them). 

 

11. Application of this Policy

This Privacy Policy applies only to personally identifiable information collected on the Site where this Privacy Policy is posted and does not apply to any other information collected by Fluidity through any other means.

12. Contact Us.

If you have any questions or concerns about this Privacy Policy, please contact us by email at webmaster at fluiditysoftware.com.

13.  Amendments.

We may amend this Privacy Policy at any time. If we amend this Privacy Policy to permit material changes in the way we collect, use, and/or share your personal information, we may notify you of such amendment by sending you an email at the last email address that you provided us, and/or by prominently posting notice of such amendment on the Site. Any such amendment will be effective thirty (30) calendar days following either our dispatch of an email notice to you or our posting of notice of the changes on the Site. Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. In the event that the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the amendment described in the notice. In any event, an amendment to this Privacy Policy may permit material changes in the way we use and share personal information that you provided us prior to our notification to you of such amendment. If you do not wish to allow such material changes, you must so notify us (in the manner we specify) prior to the effective date of the amendment. If you provide us this notice, we may choose to deactivate your account. Please be advised, however, that, regardless of whether you provide such notice to us, any such amendment to this Privacy Policy will apply to any personal information that you provide us on or after the effective date of such amendment.

 

14. Effective Date.   October 7, 2010