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| Effective October 7 2006 |
| Bing Privacy Policy |
| element30, Inc. provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information received from users of <<www.bing.com (the “Site”) and the Bing Software and the Bing backup service (collectively the “Services”). |
| This Privacy Policy applies only to the Site and the Services and is incorporated into our Bing License and Services Agreement. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You are advised to consult this policy regularly for any changes. Unless otherwise defined herein, terms used in this Privacy Policy have the meanings provided in the Bing License and Services Agreement. |
| By using our Services or accepting the Bing License and Services Agreement you are consenting to our Processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing and deleting, using, combining and disclosing information and transferring it to the United States and internationally. |
| No Access to Your Data |
| We have no access to the data that you backup using the Services. While from time to time your data will pass through our network of servers on its way to the computer of the person you designate as your Buddy, your data is encrypted from end to end; we cannot ever see or access it. |
| Information Collection and Use |
| We do collect some information from you and about your use of the Services as follows, primarily to provide and improve the Site and the Services, including their features and content; to allow you to personalize your use of the Services; and to enable you to easily navigate and enjoy the Site. |
| Personally Identifiable Information. |
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When you register with us through the use of the Bing Software, we may ask you for personally identifiable information, including, but not limited to, your name, email address and an account password. Personal Information is information about you that when on its own or in combination with other identifiers can be used to contact or identify you (“Personal Information”). We use your Personal Information to provide the Services and administer your inquiries when you contact us through the Site. |
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When you use the Services we automatically record the number of times you backup your data, the amount of the data you have backed up, the type of files that you backup, and the number of times you have chosen to restore data (“Service Data”). We use Service Data to monitor the use of the Services in the aggregate and for the technical administration of the Services. We may also combine your Personal Information with this Service Data or with aggregate information collected from other Bing users to attempt to provide you with a better experience and improve the quality of the Service. |
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We may also use your Personal Information to contact you with Bing newsletters, promotional materials and other information that may be of interest to you (“Bing Materials”). If you decide at any time that you no longer wish to receive Bing Materials from us, you may follow the unsubscribe instructions provided in our communications. (See “Changing or Deleting Information,” below.) |
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| Log Data. When you visit the Site our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This log data may include information such as your IP address, browser type or the domain from which you are visiting. For most users accessing the Internet from an Internet service provider (or “ISP”), the IP address will be different every time you log on. We do not use this information to identify you personally. We use it to monitor use of the Site and the Services and for the technical administration of both. |
| Cookies |
| Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to analyze user behavior in the aggregate with regard to use of the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site, and to monitor aggregate usage by users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you disconnect from the Site and Service. Third party advertisers on the Site may also place or read cookies on your browser. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service. You can learn more about the use of cookies by visiting http://networkadvertising.org or http://en.wikipedia.org/wiki/HTTP_cookie. |
| You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Service. |
| Information Sharing and Disclosure |
| Registered Users. When you download the Bing Software and install it to enable the Bing Services, you must register with us. The password you select enables the creation and operation of your own unique data encryption key. We neither know nor keep any record of your password or your encryption key. If you lose your password, you will not be able to access your data. YOUR PASSWORD IS YOUR RESPONSIBILITY. |
| Aggregate Information. We may share Service Data and Log Data with third parties for industry analysis. This information will not contain your Personal Information. |
| Service Providers. We may employ third party companies and individuals to facilitate the Services and the Site, to provide the Services or Site on our behalf, or to perform Site-related services (for example, without limitation, maintenance services, database management and improvement of the Site’s features). These third parties will have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. |
| Compliance with Laws and Law Enforcement. element30 cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including subpoenas), to protect the property and rights of element30 or a third party, to protect the safety of the public or any person or to prevent or stop any illegal, unethical or legally actionable activity. |
| Business Transfers. element30 may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy. If the new entity wishes to make additional uses of your information different from those described in this Privacy Policy you will have the opportunity to decline such use at that time. |
| Changing or Deleting Your Information |
| All Registered Users may update, correct or delete the Personal Information in their registration profile by emailing us at Privacy@element30.com . We will do our best to accommodate your request. If you completely delete any such information, you will not be able to use the Services. |
| Security & International Transfer |
| element30 is very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. (See also “Access to your Data,” above.) Your information may be transferred to—and maintained on—computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. element30 transfers Personal Information to the United States and processes and maintains it there. |
| Links to Other Sites |
| Our Site may contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, you will be directed to that third party’s website. The fact that we link to a website or present a banner add or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. This Privacy Policy addresses the use and disclosure of information that we collect from you through this Site and the Services. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. |
| Our Policy Toward Children |
| This Site is not directed to children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at Privacy@element30.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files. |
| Contacting Us |
| If you have any questions about this Privacy Policy, please contact us at Privacy@element30.com or at: Privacy Matters c/o element30, 465 Melville Ave, Palo Alto, CA 94301. |
| © 2006 element30, Inc. |
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