Digital Fastball Privacy Policy

Effective June 30, 2005

Your privacy is very important to us. We do not sell or rent your personal information to third parties without your explicit consent. Please read this privacy policy to learn about how we use and protect your personal information. We want you to fully understand our privacy practices.

If you have additional questions, email us at privacy@digitalfastball.com.

Overview

The privacy practices of this statement apply to the services available under the domain and subdomains of www.digitalfastball.com (the "Site"), which are provided by Intraware, Inc. By visiting the Site or using the Digital Fastball service (the “Service”), you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree, please do not use or access our Site.

This Privacy Policy describes the information we collect from you as you register for, and use, the Site and what may happen to that information. By accepting the Privacy Policy and the User Agreement during the registration process, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the Digital Fastball User Agreement.

1 Children Are Not Eligible to Use the Site.

Children (persons under the age of 18) are not eligible to use the Site.

2 Personal Information About Senders and Recipients.

Our primary purpose in collecting personal information is to provide you with the most secure, efficient and customized that we can. We only collect personal information about you that we consider necessary for achieving this purpose.

If you are a sender through the Service, you will be required to provide contact and identity information, including your name, street address, email address, and other personal information as indicated on the forms during the registration process. Where possible, we indicate which fields are required and which fields are optional. We use this information to authenticate you as an authorized user of the Service, bill you for the Service, and enforce the User Agreement. We will share your name and email address with your recipients so they know who has sent them files. We may also use this information to better understand our users and their preferences so we can improve and market the Service.

If you received an email indicating that you have received files through the Service, the sender of the email provided us with your name and email address. You are required to enter your email address into the Site to access these files.

For marketing purposes, we may disclose aggregated data about our users and how they use the Service but this aggregated data will not contain any personally identifiable information. We will not share any of your personally identifying information with a third party without your express consent, except pursuant to a legal request (see “Legal Requests” below).

You may review and update your personal information at any time by visiting the “My Account” area of the Site.

Please note that, while we believe our security measures are generally effective and conform with industry standards, no company can act as an insurer of the Internet, and we cannot guarantee that sophisticated and determined computer hackers will be unable to gain unauthorized access to the private data in our systems.

3 Personal Information About People Other Than Senders.

If you are not a registered sender, you may be required to provide certain personal information in order to access certain areas of the Site, including your name, title, street address, email address and telephone number, as well as information regarding user technology needs and preferences. No third parties collect this information on our behalf. If you provide this information other than through the sender registration process, we may use it to contact you about our services and send you promotional material or invitations to webinars. In addition, one of our salespeople may call you. If you do not wish to be notified in this manner, you may opt out by following the instructions at the point where that personal information is collected, or by following the instructions contained in any promotional email received from us. We will not share any of your personally identifying information with a third party without your explicit consent, except pursuant to a legal request (see “Legal Requests” below).

4 Credit Card Information.

If you subscribe to the Service, we collect your credit card information, including your credit card number, expiration date, billing address and telephone number. We use this information only to bill and collect fees for the Service, and will not share it with a third party except for this purpose without your explicit consent or pursuant to a legal request (see “Legal Requests” below). You may review and update your credit card information in the “My Account” area of the Site.

5 Log Files.

Like most websites, the Site collects and uses log files. These files may include the URL that you just came from (whether this URL is on the Site or elsewhere), the URL you visit next (whether this URL is on the Site or elsewhere), your computer browser information, your IP address, your Internet service provider (ISP), your platform type, a date and time stamp, and the number of times you click on links within the Site. We use this information to analyze trends, administer the Site, track users' movement in the aggregate, and gather broad demographic information for aggregate use.

6 Cookies.

A “cookie” is a small file stored on your computer tied to information about you. We use both session ID cookies and persistent cookies. A session ID cookie terminates once you close your browser. A persistent cookie is a small text file stored on your computer's hard drive for an extended period of time. We use cookies to remember your password so that you can avoid having to enter a password more than once. Even if you choose to reject a cookie, the cookie will still store your password. We will not use the password for any purpose other than to provide you with access to the Site. We may also use cookies to provide information that is targeted to your interests, offer certain features that are only available through the use of cookies, measure promotional effectiveness and analyze our web page flow.

7 Use and Disclosure of Your Information for Marketing and Advertising.

You agree that we may use personal information about you internally to improve our marketing and promotional efforts, to analyze Site usage, improve our content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a secure, efficient, and customized experience while using the Site.

You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. To do this, we may use third parties who specialize in communications. We will only provide your personally identifiable information to such third parties to deliver communications on our behalf, and only if those third parties agree not to use your personally identifiable information for any other purpose. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on the email preferences page. You may make changes to your email preferences at any time.

We aggregate (gather up data across all user accounts) personal information and disclose such information in a non-personally identifiable manner for marketing and promotional purposes, and to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose any personally identifiable information without your explicit consent except pursuant to a legal request (see “Legal Requests” below).

8 Legal Requests.

We are concerned about protecting you and the Digital Fastball community from bad actors. Therefore, we cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as those concerning intellectual property rights or other rights, or fraud. In response to a verified request by law enforcement or other government officials relating to a criminal or administrative investigation or alleged illegal activity, we can (and you authorize us to) disclose your personal information without a subpoena. In addition, we may disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or report suspected illegal activity.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we take what we believe are reasonable measures to protect your privacy, we cannot promise, and you should not expect, that your personal information or private communications will always remain private.

9 Notification of Changes.
If we decide to make a material change to this Privacy Policy, we will post those changes on the Site and other places we deem appropriate. However, we will not use your personally identifiable information in a manner different from that stated at the time of collection, without obtaining your explicit consent.

10 Links
This Site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy policies of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected through this Site.