eSellerate

eSELLERATE'S ONLINE PRIVACY POLICY

Last revision date: October 21, 2009

eSellerate is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. Because this web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe. By displaying the TRUSTe trustmark, this web site has agreed to notify you of:

What personally identifiable information of yours or third party personally identifiable information that is collected from you through the web site
The organization collecting the information
How the information is used
With whom the information may be shared
What choices are available to you regarding collection, use and distribution of the information
The kind of security procedures that are in place to protect the loss, misuse or alteration of information under eSellerate control
How you can correct any inaccuracies in the information

If you have questions or concerns regarding this statement, you should first contact eSellerate Privacy through one of the following:

E-mail: privacy@esellerate.net
Postal mail: eSellerate, Attn: Privacy, 5901 N. 58th, Lincoln NE 68507-3249
Telephone: (402) 323-6600

If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe http://truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with the web site to resolve your concerns.

eSellerate adheres to the European Union Safe Harbor principles as set forth by the United States Department of Commerce regarding the collection, use, and retention of personal information from the European Union.

Anyone who has provided personally identifiable information to eSellerate can request access to that information by contacting eSellerate Privacy through one of the previously listed options. eSellerate will respond to such access requests within 30 days of the date the requestor submits them. If you ask eSellerate to make changes to your personal information, we will use best efforts to investigate your concerns after we receive your request and make the necessary corrections, additions and/or deletions.

About this statement

This statement describes the privacy policy for the eSellerate web site, which is accessible through www.esellerate.com and www.eslr8.com. By accessing this site, you agree to the terms of the eSellerate Online Privacy Policy, as outlined below. If we are going to use your personally identifiable information in a manner different from that stated at the time of collection, we will notify you via e-mail. You will have a choice as to whether or not we use your information in this different manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our web site notifying users of the change. In some cases where we post the notice we will also e-mail users who have opted to receive communications from us, notifying them of the changes in our privacy practices.

The TRUSTe program covers only information that is collected through this web site, and does not cover information that may be collected through software downloaded from this site.

COLLECTION OF INFORMATION

From software publishers and their customers:
Anyone may use the eSellerate web site to create a free publisher evaluation account. At that time, the publisher will need to enter a login name and password, which will enable secure access to the account through the web-based eSellerate Sales Manager. The publisher will also need to enter company name and address and the primary contact's name, e-mail address and phone number. This information will be used to contact the publisher concerning interest in our services. If the publisher later becomes a licensed eSellerate user, this information will be used to administer the publisher's account and notify the publisher about updates to the eSellerate system.

The publisher may optionally enter name, e-mail address and phone number for shipping, billing and payment contacts. This contact information is used by the eSellerate system for the various business functions. Additionally, e-mail addresses may be entered to receive automated sales reports. This allows multiple individuals to track activity of the publisher account.

During the software delivery process, eSellerate will collect the customer's name, e-mail address, mailing address and phone number. (Company name is optional.) The customer may also indicate a preference to receive the publisher's product update information. When applicable, the purchaser's credit card number, Card Security Code and card expiration date will also be collected. This information will be used to process orders and provide order notification.

From software publishers' approved partners (payees):
eSellerate offers a program called SplitPay that enables eSellerate publishers to split the sales proceeds from select products with their approved partners (payees). eSellerate will collect the following information about parties that sign up for this program: company name, address and web site URL and the primary contact's name, e-mail address and phone number. This information will be used to process SplitPay product orders and to provide order notification to the appropriate parties.

eSellerate archives system-generated, event-driven e-mails for events such as a publisher adding a payee account to its list of payees. This information is collected for archival purposes only.

From affiliates:
eSellerate offers an affiliate program that enable other web sites to direct sales to an eSellerate publisher's web stores. eSellerate will collect the following information about parties that sign up for the affiliate program: Company name, address and web site URL and the primary contact's name, e-mail address and phone number. This information will be used to process the orders generated by the affiliate and to provide order notification to the appropriate parties.

eSellerate archives system-generated, event-driven e-mails for events such as new processing rate notifications. This information is collected for archival purposes only.

Special offers and updates for software publishers
eSellerate will occasionally send publishers supplemental information about products and services. Each publisher can sign up to receive these e-mail messages by visiting our registration page.

Out of respect for the publisher's privacy, eSellerate presents the option not to receive these types of communications. Please see the "Opt-out information" section below.

Newsletters for software publishers
When a publisher subscribes to the eSellerate newsletter, eSellerate uses the publisher's name and e-mail address to send the newsletter. Out of respect for the publisher's privacy, eSellerate provides a way to unsubscribe. Please see the "Opt-out information" section below.

Newsgroups and forums reminder
Participants in eSellerate newsgroups and forums should remember that any personal information they disclose in these areas is available for public display, and may be collected and used by unknown parties.

How eSellerate protects this information

eSellerate is committed to protecting all personal information that we collect. When users enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using Secure Sockets Layer (SSL) technology.

eSellerate follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our web site, you can send e-mail to us at privacy@esellerate.net.

Disclosure of information

While making every effort to preserve user privacy, eSellerate may need to disclose personal information when required by law or in the good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on the eSellerate web site.

Use of cookies

For publishers, payees and affiliates:
To access the eSellerate web site, the visitor's browser must be set to allow cookies. eSellerate uses cookies to identify the visitor during that visit to the site. Cookies are used on a per-session basis only, and are not stored on the visitor's computer. Depending on the browser, the visitor may be able to use separate security settings for per-session cookies and cookies that are stored. eSellerate does not link the information we store in cookies to any personally identifiable information visitors submit while on our site.

For publishers' customers:
To purchase through an eSellerate web store, the visitor's browser does not need to allow cookies. However, should the browser be set to allow cookies, eSellerate uses cookies to identify the visitor during that purchase session. Cookies that identify the visitor are used on a per-session basis only, and are not stored on the visitor's computer. eSellerate also uses cookies to track sales results for its affiliate program. Cookies that track affiliate sales are stored on the visitor's computer for future use. eSellerate does not link the information we store in cookies to any personally identifiable information visitors submit during a purchase session.

Use of log files

eSellerate automatically logs the following information about visitors to this web site: IP addresses, browser type, domain names, access times and the number of hits to specific pages within the site. This information is used to administer the site and to evaluate its usability. This information is not used to create any type of personal profiles for the visitors.

Use of web beacons

Software publishers can incorporate tracking technology called web beacons to send information about a customer's web store visit to outside servers. A typical example is conversion tracking (such as Google AdWords), which indicates when the customer clicked an advertisement on a third-party web site, and later purchased the advertised product through eSellerate. Information that eSellerate sends to third parties through web beacons is not personally identifiable.

eSellerate Privacy Guarantee

eSellerate does not share personally identifiable information with third parties for any unknown or unrelated uses. Details on our associations with third parties follow.

Service providers:
eSellerate uses a third party to provide credit card processing for orders that customers place through the eSellerate system. In these instances, eSellerate will share the following information about the customer as necessary for the processor to provide its service: name, mailing address, credit card number, Card Security Code and card expiration date. The processor is prohibited from using this information for any purpose other than payment processing.

Software publishers:
Publishers who sell products through the eSellerate system can use various order notification and reporting options to access the following information about their customers: name, e-mail address, mailing address, phone number and contact preference. (Company name is also available if the customer provides it.)

eSellerate does not control how our publishers use their customers' personally identifiable information. Therefore, customers should read the publisher's privacy policy before providing personally identifiable information. Customers also should note that eSellerate's TRUSTe certification applies only to www.esellerate.net and www.eslr8.com, and does not extend to our publishers.

Software publishers' approved partners (payees):
As noted under "Collection of information" above, eSellerate offers a program called SplitPay that enables eSellerate publishers to split the sales proceeds from select products with their approved partners (payees). At the publisher's discretion, the payee can have access to the following information about the publisher's customers: name, e-mail address and contact preference.

The eSellerate Service Agreement for Payees requires payees to honor the publisher's privacy policy. Therefore, customers should read the publisher's privacy policy before providing personally identifiable information.

OPT-OUT INFORMATION

For publishers:
From time to time, eSellerate will offer supplemental information about products and services. Each publisher has the option to receive this information, which will never be sent without permission.

When an eSellerate account is created, the Contact Information page will allow the publisher to indicate preferences for receiving supplemental information. The publisher can return to this page and update the preferences at any time. (See "How to update your information" below.)

In conjunction with the contact preference option available through the eSellerate web site, any supplemental information that eSellerate sends will include instructions on how to modify the preferences.

For affiliates:
When an eSellerate affiliate account is created, the My Account page will allow the affiliate to indicate a preference for receiving e-mail listings of new products that become available to sell. The affiliate can return to this page and update the preference at any time. (See "How to update your information" below.)

HOW TO UPDATE YOUR INFORMATION

For publishers:
Publishers can access and modify their information at any time. They should log in to the eSellerate Sales Manager and click the Login & Contact Information link. After making any modifications, they should click Save Changes.

For payees and affiliates:
Payees and affiliates can access and modify their information at any time.

Payees should log in to the SplitPay Manager and click the My Account link.
Affiliates should log in to the Affiliate Manager and click the My Account link.
Portals should log in to the Portals Manager and click the Portal Info link.

After making any modifications, they should click Save Changes.