Privacy Notice

Effective Date: July 30, 2004
Updated February 21, 2008

On-Disk.com values our relationship with you and the other users of our web site (the "Web Site") and the services offered on it (the "On-Disk.com Services"). We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information ("Personal Information") that we may collect when you use the Web Site and the On-Disk.com Services. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect this information, and what we do with it after we collect it. If you have any questions or comments regarding this Privacy Policy, please contact us using our secure Online Contact form

How Do I Agree to the Privacy Policy?

This Privacy Policy is a part of the Terms of Service ("TOS"). Accordingly, when you access or use the Web Site or the On-Disk.com Services, you agree that we can collect, use, and disclose your information in accordance with this Privacy Policy. If you do not agree or are not comfortable with any part of this Privacy Policy, you may not use the Web Site or the On-Disk.com Services.

Does On-Disk.com Ever Make Changes to its Privacy Policy?

We may make changes to the Privacy Policy from time to time. You should check this page when you visit for any indication that the policy has been updated and read it carefully before proceeding.

What Types of Information Does On-Disk.com Collect From Me?

Personal Information. We collect Personal Information from you. As explained above, Personal Information is information that can be used to identify you individually, such as your name, mailing address, phone number, email address, credit card number, and financial information.

Non-Personal Information. We also collect "non-personal" information from you. This information ("Non-Personal Information") cannot be easily used to personally identify you, such as your browser type, the URL of the previous web site you visited, your ISP, operating system, and your IP Address.

How and When Does On-Disk.com Collect This Information?

Providing Information to Us. We collect Personal Information from you when you provide it to us. For example, if you purchase a product sold through http://on-disk.com, we may collect your name, mailing address, telephone number, credit card number, and email address. If you create a Developers Account, we may collect your name, tax identification number, mailing address, email address, and other information that we request in the registration process, and any information that you provide in the "My Account” page. If you sign up to receive a newsletter, we will collect your email address.

Communications With Us. If you communicate with us regarding the Web Site or the On-Disk.com Services, we will collect any information that you provide to us in any such communication.

Analytic and Reporting Technologies. Like the operators of most web sites, we use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software and operating system types, click-stream patterns, and the dates and times that the Web Site and the On-Disk.com Services are accessed.

How Does On-Disk.com Use My Information?

Personal Information. We use Personal Information primarily for our own internal purposes, such as providing, maintaining, evaluating, and improving the On-Disk.com Services and the Web Site, fulfilling requests for information, producing and shipping the products that you order, and providing customer support. For example, if you create a Developer Account, we will use the information that you provide to communicate with you and pay you any commissions that you earn. Similarly, if you sign up to receive a On-Disk.com newsletter, we will use the email address you provide to send you the newsletters.

Non-Personal Information. We use non-personal information to track your use of the Web Site and On-Disk.com Services and for other internal purposes, particularly providing, maintaining, evaluating, and improving the On-Disk.com Services and the Web Site.

When Will On-Disk.com Disclose My Information to Third Parties?

Generally speaking, we do not intentionally disclose your information to third parties without your consent. In some instances, however, we reserve the right to do so because it is necessary to the operation and continued growth of our business or to protect the rights of others. These instances are discussed below:

• Disclosure to Successors. We may disclose your Personal Information to any successor-in-interest of ours, such as a company that acquires us.
• Disclosure to Unaffiliated Third Parties. We may disclose your Personal Information to prevent an emergency, to protect or enforce our rights, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena or court order). In particular, if you are a Developer, we may disclose your information to a third party that alleges that you have infringed their intellectual property rights through the products sold through your Developers Portal Account. Similarly, if you allege that a Developer allegedly infringes your intellectual property rights, we may disclose your information to that Developer.
• Disclosure to Third-Party Service Providers. We may contract with various third parties who help us provide and maintain the Web Site or the On-Disk.com Services. For example, we use a third-party to process payments made to us, and may subcontract out production, fulfillment, or other operations. We will use commercially reasonable efforts to prevent such third parties from disclosing your Personal Information, except for the purpose of providing the services in question. However, we cannot guarantee that such third parties will not disclose your Personal Information.
• Disclosure to Developers. If you purchase a product from an affiliated Developer (one who has registered with http://portal.on-disk.com), On-Disk.com may provide your name, mailing address, and email address to the Developer. In the Developer Agreement, On-Disk.com contractually obligates each Developer not to use or disclose this information for any purposes other than internal record keeping, to ship their Products, and for marketing their products. However, we cannot guarantee all Developers will comply with this obligation.
• Disclosure of Non-Personal Information. We will disclose Non-Personal Information, usually in aggregate form, to potential strategic partners, advertisers, investors, customers, and others. You may not "opt out" of the sharing of this information. However, it cannot be easily used to identify you personally.

What About Cookies?

A cookie is a message that is sent to your computer from a web server and stored on your computer's hard drive. Most web sites use cookies. We use cookies to track your use of the Web Site and the On-Disk.com Services, provide you with a more personalized user experience, and to allow you to sign in and begin use of the On-Disk.com Services automatically when you visit the Web Site. We may also use cookies to ensure that you have been notified of and agreed to the then-current version of the Terms of Service, Privacy Policy, and any other agreements and policies relating to your use of the Web Site or the On-Disk.com Services.

Does On-Disk.com Protect My Personal Information?

Personal Information. Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access or disclosure. However, we are not insurers of the security of your Personal Information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

Web Site Content. The content that you store, post, or transmit on or through the Web Site, such as message board postings, "About Me" pages, and images on your Products, may be accessed by other users, including people that you do not know. We are not responsible for the actions of others. Therefore, you should use care in communicating with other users and only disclose your Personal Information to other users that you know to be trustworthy. You should not assume that your content will be kept private.

How Can I Review and Make Changes to My Personal Information?

You can view and change most of the personal information you have provided by visiting the “My Account” pages. If you wish, we will delete all of your Personal Information (except for your transaction history) from our records upon your request. However, if you choose to delete your Personal Information, you may not be able to access some areas of the Web Site or use some of the On-Disk.com Services. If you are a Developer, you may also review, change, and delete the Personal Information you provided in connection with your Developer account by emailing your account contact at On-Disk.com

Does This Privacy Policy Apply When I Access Third Party Web Sites?

You may be able to access third-party web sites directly from the Web Site. This Privacy Policy does not apply when you access such web sites. We cannot control how third parties may use Personal Information you disclose to them, so you should carefully review the privacy policy of any third-party web site you visit before using it or disclosing your Personal Information to its provider.

What About Children's Privacy?

Under Thirteen. The On-Disk.com Services are intended for users ages thirteen and older. Accordingly, we will not knowingly collect or use any Personal Information from children that we know to be under the age of thirteen. In addition, we will delete any information in our database that we know originates from a child under the age of thirteen.

Thirteen to Seventeen. Prospective users between the ages of thirteen and seventeen can only use the On-Disk.com Services under their parents' legal guardian's supervision. If you are between the ages of thirteen and seventeen, you, your parent, or your legal guardian may request that we delete any of your Personal Information in our database and/or "opt out" from receiving communications from us. If you wish to do so, please contact us at the email address provided below.

Can I "Opt Out" From Receiving Communications From On-Disk.com?

You may "opt-out" from receiving communications from us at any time. You may also "opt-out" on behalf of your spouse or children (if any). To "opt out," please adjust your settings using the My Account pages or contact us using our secure online contact form.