Accellion Privacy Policy

Effective Date: June 1, 2007

Please read the following to learn more about our Privacy Policy. By visiting Accellion’s web site, submitting information to Accellion or using any of our products or services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers Accellion’s treatment of personally identifiable information (“Personal Information”) that Accellion gathers when you are accessing Accellion’s website and when you use Accellion services. This policy does not apply to the practices of companies that Accellion does not own or control, or to individuals that Accellion does not employ or manage. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third party’s privacy policies before providing any data to them.

What Personal Information Does Accellion Collect?

The information we gather from customers enables us to personalize and improve our services. We collect the following types of information from our customers.

Personal Information You Provide to Us

We may receive and store any information you enter on our web site or provide to us in any other way. The types of Personal Information collected include your full name, address, company, email address and telephone number, and if you order products from us through our website, any financial and commercial information you provide for that purpose. The Personal Information you provide may be used for such purposes as responding to your requests for certain products and services, customizing the content you see, and communicating with you about specials, sales offers, and new products. We may also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers.

Personal Information Collected Automatically

We may receive and store certain types of information whenever you interact with our web site or services. For example, Accellion may choose to automatically receive and record information on our server logs from your browser including your IP address, Accellion cookie information, and the page you requested. We may receive a confirmation when you open an email from Accellion if your computer supports this type of program.

Generally, our service may automatically collect usage information, such as the numbers and frequency of visitors to our site and its components. Accellion generally only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. However, if you have registered with Accellion using our site and your browser accepts cookies, Accellion may automatically collect individualized information regarding your visits to Accellion’s site (“Individual Site Usage Information”) to provide you with a more personalized customer experience. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our site. If you do not wish to have your Individual Usage Information collected, please see the “What About Cookies” section below for further information.

What About Cookies?

Cookies are alphanumeric identifiers that we may transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Accellion cookies do not collect Personal Information; however, we may combine the general information collected through cookies with other Personal Information in connection with our collection of Individual Site Usage Information (as described above). If you do not wish to have your Individual Site Usage Information collected, most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. Please be aware that disabling cookies may reduce your ability to access certain portions of the Accellion website, and that by disabling cookies, you are agreeing not to access those portions of the Accellion website. In addition, we may also record the pages you visit on the website through the use of pixel tags (also called “clear gifs” or “beacons”).

Will Accellion Share Any of the Personal Information it Receives?

We neither rent nor sell your Personal Information to anyone. We share your Personal Information only with your consent or to business partners and affiliates as described below:

Agents: We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, Accellion’s agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.

Business Transfers: In some cases, we may choose to buy or sell business assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Accellion, or substantially all of its assets, were acquired, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Accellion may continue to use your Personal Information as set forth in this policy.

Protection of Accellion and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with any law; enforce or apply our terms of use and other agreements; or protect the rights, property, or safety of Accellion, our employees, our customers, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

Security

Accellion takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the Accellion website, and the Accellion website and you, will be free from unauthorized access by third parties. Users of the Accellion website do so at their own risk. Accellion cannot guarantee the security of any information that is disclosed online.

Reasonable Efforts

We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with our Privacy Policy. We sometimes release beta versions of our website and related services, which are further refined before the release of the final version. Because the website and services are still in a test phase, we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome user feedback on any privacy concerns you may have. In light of the above and because of the complex and constantly changing nature of the internet and related technology, Accellion does not guarantee error-free performance under this Privacy Policy. To the extent permissible under law, Accellion and third parties providing services to you in connection with the Accellion website, shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.

Children

Accellion requests that children under the age of 18 not use the Accellion website nor submit any personal information to the Accellion website. Accellion does not knowingly collect personal information from children under the age of 13. Since information regarding children under the age of 13 is not collected, Accellion does not knowingly use or distribute personal information regarding children under the age of 13. If Accellion obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database.

Changes to this Privacy Policy

Accellion may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use Personal Information, we will notify you by posting an amendment to the Privacy Policy on the website. Such modifications will become effective on the day they are posted. Accellion encourages you to frequently review this Privacy Policy for any modifications.

Email Communications & Opt-Out

If you wish to: (i) remove your personally identifiable information from our system in order to stop receiving information from us, (ii) update your personal information, or (iii) have any questions about this privacy statement, the practices of this site, or your dealings with this website, please send us a detailed message (with sufficient information for us to identify your Personal Information) at marketing@accellion.com. We will make every effort to resolve your concerns.

ACCELLION WEBSITE TERMS OF USE

Effective Date: June 1, 2007

Welcome to the Accellion website. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS USE OF THE ACCELLION WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. This website (currently located at the URL http://www.accellion.com) is operated on behalf of Accellion, Inc. (“Accellion”). The Accellion website is Copyright © 2006-2007 and belongs exclusively to Accellion. By using the website (the “Services” or the “website”), you are indicating that you have read the terms and conditions contained in this document (the “Terms of Use”), that you understand those terms and conditions, that you agree to be bound by these Terms of Use and that the Terms of Use constitute a legally binding agreement between you and Accellion. IF YOU OR YOUR EMPLOYER DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES. The Terms of Use may be revised at our complete discretion and without notice to you other than the posting of the revised terms on the website. Any revisions are effective when posted.

Use. You may use the Services solely for legitimate business purposes relating to Accellion’s activities.

Eligibility. Please note that Accellion does not provide any internet connectivity services, nor does Accellion provide any computer equipment for users. You are entirely responsible for securing and paying for any such services and equipment, and for ensuring that such services and equipment meet the minimum requirements for the use of the Services. Accellion does not make the Services available to anyone under the age of 18. You represent that you are a ‘natural person’ older than the greater of (a) the age of eighteen (18) years, or (b) the age of majority in the country where you are a citizen.

Privacy. For information regarding Accellion’s use of information collected in connection with the Services, please refer to the Accellion Privacy Policy [[Link]], which is incorporated into these Terms of Use by reference.

Protection of Content

Unless otherwise expressly mentioned, Accellion or its partners own all patents, copyrights, marks (or rights to such marks), including trade marks, service marks, trade dress, trade names, corporate names, proprietary logos or indicia and other source or business, trade secrets and other intellectual property rights (collectively, “Intellectual Property Rights”) which are presented or identified in this website.

All products, technologies and processes described in this website are the subject of Accellion’s Intellectual Property Rights and nothing in the website is deemed to grant or imply a license to the Intellectual Property Rights in such products, technologies, or processes, except to the extent you may use this website to purchase from Accellion a license thereto under a separate and explicit agreement.

You may download, view, copy and print documents and graphics and other content in the website (“Site Content”) subject to the following: (a) the documents and graphics may be used solely for personal, informational, non-commercial purposes; and (b) the documents and graphics may not be modified or altered in any way. In addition to the foregoing, except as otherwise expressly agreed in writing by Accellion, (i) you may not use for any purpose any Accellion trademarks or service marks except as provided in the Accellion press kit on the Accellion website, and (ii) the digital files containing the Accellion trademarks provided in the Accellion press kit may be used only in connection with legitimate press activities describing the products and services provided by Accellion. You may not use any Accellion trademarks or service marks to show Accellion or its products or services in any manner that would damage the reputation or goodwill of the foregoing, nor to make any false, deceptive or misleading statements concerning Accellion, its products or services. You must include or maintain all copyright, trademark and other notices contained or associated with any copy you may make of any Site Content.

Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this website in whole or in part without the express authorization of Accellion.

If you violate any of these Terms of Use, you must immediately destroy any copies you have made of the Site Content, and Accellion may terminate your permission to use the Services by written notice (including by email). We reserve the right to revoke your limited use license at any time, for any reason, and at the sole discretion of Accellion. All rights not expressly granted to you are reserved.

User Content. We appreciate hearing from our users and welcome your comments regarding Accellion’s mission, technology, and the Services. Please be advised, however, that our policy does not permit us to accept or consider creative or technical ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our services, products, and technology, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials to us. If, despite our request, you send us unsolicited creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submissions”), you assign the intellectual property rights in or relating to the Submissions to Accellion upon their submission or communication to Accellion, and you agree that the same will automatically become the property of Accellion and that Accellion shall be entitled to use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Accellion may elect. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.

User Obligations. You agree not to do any of the following while using the Services:

intentionally or unintentionally violate any applicable law or regulation;
use any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with the Services, including without limitation to invade the privacy of, or obtain personal information about, any user of the Services;
post or transmit any Site Content or take any action that infringes any Accellion or third party right of any kind, including without limitation, trademark, patent, trade secret, copyright, publicity, or privacy rights, or that is unlawful, untrue, harassing, defamatory, tortious, abusive, threatening, or that contains any virus or computer code designed to interfere with or monitor the operation of the Services or any other computer or system;
access, tamper with or use non-public areas of the website or computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution. If you are given access to any password-protected areas of this website, then you must keep such password secure and for your use only, and you must limit your access to permitted areas;
impersonate or misrepresent your identity, any Personal Information (as defined in the Privacy Policy) or your affiliation with any person or entity; or
transmit or disseminate advertising, chain letters, spam, junk mail or any other type of unsolicited advertising or email (whether commercial, informational or offering employment) to persons or entities that have not agreed to be part of such advertising or email.

Links. The Services may contain links to other websites or resources. You acknowledge and agree that Accellion is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the website does not imply that Accellion or any other person endorses the linked site.

Content and Monitoring

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information or service providers and users, are those of the respective author(s) or distributor(s) and not of Accellion. You understand and acknowledge that Accellion does not have any obligation to monitor for accuracy or reliability any content on the Services other than content actually originating from Accellion. Accellion has the right, but not the obligation, to monitor, modify and/or remove any Site Content and/or User Content in the Services, and may do either in its sole discretion. Accellion is not responsible to you for any content or materials constituting all or part of any Site Content or User Content. Accellion neither endorses nor is responsible for the accuracy or reliability of any content, opinion, advice, information, or statement made on or in connection with the Services by anyone other than authorized Accellion employees acting in their official capacities.

Accellion may, without liability or obligation, in its sole discretion and at any time make modifications to, or discontinue, any Site Content and/or the Services, with or without providing you with notice. Upon Accellion giving you notice, you shall promptly cease the use of and destroy, all copies of any specified Site Content, or otherwise modify your usage as directed by Accellion. You agree that neither Accellion nor the Accellion Affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services or Site Content.

Notices. Accellion will give you any necessary notices by posting them on the website. You authorize Accellion to send notices via electronic mail as well if Accellion decides, in its sole discretion, to do so. You agree to check the website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the website.

Disclaimer

THIS WEBSITE AND THE INFORMATION AND SERVICES WITHIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ACCELLION MAKES NO WARRANTY THAT (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCELLION OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN OR IN A SEPARATE AGREEMENT PROVIDED BY ACCELLION. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES OR OTHER COMPUTER CODE. ACCELLION IS NOT RESPONSIBLE FOR ANY DECISIONS BASED UPON THE SITE CONTENT. IT IS YOUR RESPONSIBILITY TO TAKE APPROPRIATE DUE DILIGENCE TO ENSURE THAT THIS INFORMATION IS SUITABLE FOR YOUR PURPOSES, INCLUDING WITHOUT LIMITATION TO IMPLEMENT ANY PRODUCTS OR SERVICES BASED ON SUCH INFORMATION.

UNDER NO CIRCUMSTANCES SHALL ACCELLION BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICES OR THE SITE CONTENT.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ACCELLION BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES CAUSED FROM THE USE OF THIS WEBSITE, OR ON ANY OTHER HYPER-LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF ACCELLION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Remedies. To the extent that you have breached these Terms of Use, or Accellion reasonably believes that you are likely to breach these Terms of Use in any manner which violates or may violate Accellion’s Intellectual Property Rights, or may cause continuing or irreparable harm to Accellion, Accellion may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. Nothing contained in this paragraph or elsewhere in these Terms of Use shall be construed to limit remedies or relief available pursuant to statutory or other claims that Accellion may have under separate legal authority.

Indemnification. You agree to defend, indemnify and hold harmless Accellion, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the website or your violation of the rights of others, these Terms of Use or any intellectual property or other right of any person or entity.

Modifications. Information on the website may be changed or updated without notice. Accellion may also make improvements and/or changes in the products and/or services and/or programs described in this website at any time without notice.

U.S. Government Restricted Rights. All Site Content supplied by or through the Services are provided with “RESTRICTED RIGHTS.” use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its successor. Use of any of such by the Government constitutes acknowledgment of the proprietary rights of Accellion and its suppliers in the Site Content and Services. In the event that any element of these Terms of Use is deemed inconsistent with the minimum rights identified in the FARS and DFARS Restricted Right provisions, the minimum rights shall prevail.

Compliance with Applicable Law. You agree to abide by all applicable United States and local laws with respect to your use of the Services. Without limiting the generality of the foregoing, you specifically agree to comply with all applicable export control laws and not to transfer, by any means, the Services or any content or software subject to restrictions under such laws to a national destination or person prohibited under such laws.

General Provisions. If any part of these Terms of Use is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. Accellion’s failure to pursue any available claim or defense pursuant to these Terms of Use or otherwise will not be a waiver of such claim or defense. Any waiver of any provisions of these Terms of Use will be effective only if in writing signed by Accellion. These Terms of Use will inure to the benefit of Accellion and its successors and assigns. These Terms of Use are personal to you and you may not transfer, assign or delegate these Terms of Use to anyone without the express written permission of Accellion. Any attempt by you to assign, transfer or delegate these Terms of Use without the express written permission of Accellion shall be null and void. The paragraph headings in these Terms of Use are included to help make the agreement easier to read and have no binding effect. These Terms of Use, and all matters relating to your access to and use of the Services, shall be governed by U.S. federal law or the laws of the State of California, without regard to its conflicts of law provisions. You expressly agree that the state and federal courts located in Santa Clara County, California, USA have exclusive jurisdiction over any claim or dispute with Accellion or relating in any way to your use of the Services, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Entire Agreement. These Terms of Use and any other terms or documents referred to herein constitute the entire agreement between you and Accellion with respect to the use of the Services and may only be superseded or amended by a separate written agreement signed by an authorized representative of Accellion.

If you have any questions regarding these Terms and Conditions, please contact Accellion at info@accellion.com.

Primary links