Privacy Policy TopByteLabs

This Website (available at www.TopByteLabs.com) (the "Website" or "Site") is provided to you by TopByteLabs,  ("TopByteLabs", "we" or "us"). Our Site is dedicated to providing you with the opportunity to license TopByteLabs Website Softwares, obtain information about TopByteLabs, and other, related information. To assist you in using our Website, and to explain the relationship arising from your use of our Site and the information and content offered on it, we have created: (i) this privacy policy (the "Privacy Policy" or "Policy"); and (ii) a set of Terms and Conditions of Use (the "Terms of Use" or "Terms"). This Privacy Policy explains how we treat information you provide to us through our Site, and our Terms govern your use of the Site. Both our Terms and Privacy Policy apply to: (a) visitors to our Site; (b) anyone licensing TopByteLabs Website Softwares offered on our Site; and (c) TopByteLabs Members (collectively, "you", "your", or "user"). This Privacy Policy only applies to information that you have provided to us through the Website, and does not apply to information that TopByteLabs may obtain through other means, such as traditional mailing lists or phone conversations.

 

Privacy Policy and Your Acceptance and Consent

. Please read this Privacy Policy carefully as it constitutes the agreement between you and us regarding your provision, and our collection and use of, personal and other information you may provide to us while accessing or otherwise using our Site. By using our Website you consent to this Privacy Policy. In addition, for certain activities on the Site, we may further confirm your consent to this Privacy Policy by asking you to click an "I accept" button referring to this Privacy Policy.

The Types of Information You may Provide

. Information you may provide while visiting our Site falls into two broad categories: (i) personal information; and (ii) aggregate information. We use the term "

Personal Information

" to mean information that could reasonably be used to identify you, including your name, home address, email address, birth date, telephone number or any combination of this or similar information. "

Aggregate Information

" is information that does not personally identify you, and may include, for example, statistical information concerning the pages of our Site that users visit most frequently. Our Privacy Policy governs these two categories of information as detailed below.

Privacy Policy and Your Acceptance and Consent

. Please read this Privacy Policy carefully as it constitutes the agreement between you and us regarding your provision, and our collection and use of, personal and other information you may provide to us while accessing or otherwise using our Site. By using our Website you consent to this Privacy Policy. In addition, for certain activities on the Site, we may further confirm your consent to this Privacy Policy by asking you to click an "I accept" button referring to this Privacy Policy.

The Types of Information You may Provide

. Information you may provide while visiting our Site falls into two broad categories: (i) personal information; and (ii) aggregate information. We use the term "

Personal Information

" to mean information that could reasonably be used to identify you, including your name, home address, email address, birth date, telephone number or any combination of this or similar information. "

Aggregate Information

" is information that does not personally identify you, and may include, for example, statistical information concerning the pages of our Site that users visit most frequently. Our Privacy Policy governs these two categories of information as detailed below.

The Connection Between Personal Information and Our Services

. We only ask for and compile Personal Information that is needed to provide you with the goods and services that you seek from us. Certain services may require a greater amount of information, and a broader scope of use for this information. Other services, however, may require less information. If you are uncomfortable with providing the requested level of information, or with our use of this information for the purposes identified, you may simply decline to use those services. You can still enjoy a wide range of features on our Website even if you choose not to provide us with Personal Information. Please read on to learn more about the relationship between our goods and services and your Personal Information.

Your Choices Concerning Personal Information; Our Collection and Use of Personal Information

. You decide whether you wish to provide us with Personal Information. We have structured our Website so that you may visit us and obtain information related to TopByteLabs and the goods we offer without revealing your identity or providing Personal Information. Please note, however, that certain services we offer may require that you provide us with Personal Information. For example, although you can preview our softwares and read reviews about them without providing us with Personal Information, you cannot write a review about a software without first providing us with Personal Information.Unless noted otherwise on our Site, we collect Personal Information through the following means, and use it for the following purposes, depending on the service you have selected:

 

Order Fulfillment and Payment

. You have the option of licensing TopByteLabs Website Softwares directly from our Site or obtaining Third-Party TopByteLabs Softwares by leaving our Site and obtaining them from a third-party vendor. To license TopByteLabs Website Softwares directly from our Site, you must provide Personal Information to us and to a third-party service provider tasked with processing the applicable Access Fee (the "

Payment Processor

"). We collect Personal Information, including your name and email address, to facilitate your licensing of TopByteLabs Website Softwares through our Site, and to handle any necessary refunds. After you place an order with us, you are then directed to the Payment Processor's website to complete your transaction. The Payment Processor collects a variety of information including, but not limited to, your contact information and financial information, which it then uses to process your payment. Please note that any information you provide to the Payment Processor or any third-party vendor is handled pursuant to the Payment Processor's (or third-party vendor's) privacy practices, and not by this Privacy Policy.

Registering to Become a TopByteLabs Member

. We collect Personal information in connection with your registration to become a TopByteLabs member. Membership may entitle you to a number of exclusive benefits including, but not limited to, coupons and other special promotions. We use Personal Information in connection with your registration and to provide you with related benefits.

Communications with Us

. If you send us an email with questions or comments, or if you include your contact information when providing us with feedback about our Site, we may use your email address and other Personal Information included in your correspondence to respond to you, or as otherwise set out in our Terms.

Information You Wish to Have Posted on Our Site or in Our Newsletters

. We collect Personal Information from you before you are allowed to provide us with Submitted Content for posting on our Website or in our Newsletters. We may use this Personal Information to respond to you, verify your identity, or for other purposes. Please review Section 8 (Submitted Content) for information concerning how we treat the Submitted Content (and any Personal information contained in that content) you may submit to us.

Staying Updated with Our Newsletters, e-Blasts and Other Communications with You

. In addition, you may provide us with your email address and other Personal Information so that we can send to you our newsletters, e-blasts, promotional materials, special offers, notifications, announcements, and other information that we believe may be of interest to you (collectively, the "

Newsletters

"). In addition, we may use your email address and other Personal Information to invite you to presentations, or other functions that we believe may be of interest to you. You have the ability to opt out of receiving these materials, as provided in Section 7 (How to obtain access to information you have provided to us, and how to remove your information from our database).

Additional Informational Notices and Bulletins

. Periodically, we may send other news, bulletins, or information to you that is not included in our Newsletters, and will use Personal Information to send you such other communications. If we choose to undertake these communications, you will have the ability to opt out of receiving them as provided in Section 7 (How to Obtain Access to Information You Have Provided to Us, and How to Remove Your Information from Our Database).

Surveys and Contests

. Periodically, we may conduct online surveys, other surveys, and contests that you may participate or complete in on a voluntary basis. You are free to choose whether or not to participate in any of our surveys or contests. Personal Information collected through these channels will only be used for those purpose set out in the survey or contest, unless you expressly agree otherwise.

Requests

.

You may also provide us with Personal Information in connection with requests that you make that fall outside of the other categories set out in this Section 4 (Your Choices Concerning Personal Information; Our Collection and Use of Personal Information). If you provide Personal Information, and if we decide to fulfill your request, then we may use the information you provide to contact you, and to fulfill your request.

 

No Unrelated Third Party is Given Access to Your Personal Information

. Except as expressly stated in this Policy, we do not share with unrelated third parties any Personal Information that you provide to us. We may employ other companies and individuals to carry out services and functions on our behalf including sending mails, providing marketing assistance, analyzing data, providing customer service, and general support and maintenance of our Website and its operations (collectively, our "

Site Vendors

"). In order to carry out their functions, our Site Vendors may require access to your Personal Information. We shall only disclose such relevant Personal Information as is needed by them to perform their functions, and our Site Vendors are obligated to safeguard your Personal Information with protections that are in material respects the same as, or more protective than, those set out in this Privacy Policy. Authors that can be accessed through this site are considered related to TopByteLabs.

Links to Third-Party Sites

. Our Site and our Newsletters may contain links to other sites. For example, our Site may contain a link allowing you to obtain Third-Party TopByteLabs Softwares from Amazon.com, Inc. Please be aware that we are not responsible for the privacy practices or content of other sites or vendors. We encourage you to be aware when you leave our Site and to read the privacy policies of each website that collects Personal Information. This Privacy Policy applies solely to information collected by our Site and does not, for example, apply to information collected by a site operated by a third party.

How to Obtain Access to Information You Have Provided to Us, and How to Remove Your Information from Our Database

. To allow you appropriate control over your Personal Information, you can request us to change, update or delete the Personal Information that you have previously submitted to us. We will take reasonable steps to verify your identify before fulfilling such requests. In addition, you have the option to unsubscribe to our Newsletters, and we will take reasonable steps to comply with this request in a timely manner. You may also delete your name and other Personal Information from our databases. Please understand, however, that it may be impossible to remove this information completely, due to system backups and records of deletions. In addition, if you request deletion of your Personal Information, you will be unable to utilize the services associated with that Personal Information. We will fulfill deletion requests within a reasonable time.

Submitted Content

. You may choose to provide to us, for posting publicly on our Website or inclusion in our Newsletters, information that includes a level of Personal Information. We will treat Personal Information that you provide to us in this manner, as Submitted Content, and may choose (in our sole discretion) to publicly post this information on our Website or include it in our Newsletters as you request. Please keep in mind that Personal Information posted or included in this manner is not subject to the provisions of this Privacy Policy and may be publicly available to our Site visitors or recipients of our Newsletters. If you are posting or otherwise providing Personal Information concerning an individual other than yourself, please be sure that you have the requisite permission from that individual to make the posting. Please review our Terms of Use for more information on how we treat the information you wish to post on our Website or have included in our Newsletters (referred to as "Submitted Content" in our Terms of Use).

Information That Does Not Identify You: Aggregate Information

. General information that describes our visitors' activities, but that does not identify a particular user, is Aggregate Information. For example, the fact that our users spend the majority of their time browsing reviews about a particular software would constitute Aggregate Information if that information does not identify a particular user. This information provides us with potentially useful data concerning our users' preferences and the efficacy and interest of our Site. We use Aggregate Information to analyze the effectiveness of our Site and to improve our goods and services. From time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of our Site visitors, and may share Aggregate Information with third parties. Aggregate Information provided to third parties will not allow anyone to identify you, or determine anything personal about you. We collect Aggregate Information through the following means:

 

IP Addresses; Logs

. We may automatically receive and record information in our server logs from your browser, including your IP address (the internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses, where the computer is routing from, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.

 

Cookies

. A cookie is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognize you when you return to our Site. In addition, other third-party websites may recognize our cookies stored on your computer's hard drive, and use that information to provide you with information related to the content of our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Site.

Tags

. We may use so-called "pixel tags," which are small graphic images (also know as "web beacons", "single-pixel GIFS", or "Web bugs"), to tell us what parts of our Website have been visited, to measure the effectiveness of searches visitors perform on our Site, and for other purposes. Pixel tags also enable us to send email messages in a format users can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to recipients. None of this data includes Personal Information, and you can "opt-out" of receiving these types of emails from us by following the directions provided in Section 7 (How to Obtain Access to Information You Have Provided to Us, and How to Remove Your Information from Our Database). If any Personal Information is collected using such tools, it will be subject to the terms of this Privacy Policy.

Click-Throughs

. We may send email messages which use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. If we use this feature, we would track this click-through data to help determine our users' interest in particular topics and measure the effectiveness of our communications. If you prefer not to be tracked simply do not click the text or graphic links in the email.

 

Advertising

. Our Site and our Newsletters may include the use of banner ad partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider or advertiser (each, an "

Advertiser

"). These Advertisers may use traditional banner ads or other advertising methods. For example, an Advertiser may place or utilize its own cookie on your browser or tags on our Site, and may use Aggregate Information about your visit to our Site, such as the number of times you have viewed an ad, and for other purposes such as to provide you with information related to the content of our Site when you visit or interact with their site or another site. If the Advertiser requests that you provide to it Personal Information, please be aware that the Advertiser's collection and use of this information will be governed by its own privacy policy, and not our Privacy Policy. We recommend that you review the Advertiser's privacy policy before providing Personal Information.

Any Information Linked with Your Personal Information is Protected as "Personal Information

.

"

To enable us to better understand the characteristics of our visitors, to provide services tailored to your needs, or to otherwise improve our Site, we may link (i) the Personal Information you have provided us with (ii) Aggregate Information. If we combine or link Aggregate Information or other information with your Personal Information, the resulting combination will be treated and protected as Personal Information under this Privacy Policy. Accordingly, no unrelated third parties will be given access to this information by us.

How We Safeguard Information We Collect

. We have put in place security systems designed to prevent unauthorized access to or disclosure of Personal Information you may provide to us, and we take reasonable steps to secure and safeguard this Personal Information. Moreover, employees of TopByteLabs are required to acknowledge that they understand and will abide by our policies with respect to the confidentiality of Personal Information. Our security systems are therefore designed to deter and prevent hackers and others from accessing Personal Information that you provide to us. We also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Please understand though, that this Section 12 (How We Safeguard Information We Collect) should not be viewed as giving business, legal, or other advice, or warranting as fail-proof, the security of any information, including Personal Information, submitted to our Site. Due to the nature of internet communications and evolving technologies, we cannot provide, and expressly disclaim, assurance that the information, including Personal Information, you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

Exceptions

. There are two exceptions to our Privacy Policy. First, we may release or use Personal Information in connection with: (i) legal proceedings, or contemplated legal proceedings, that directly relate to such information; or (ii) in response to a subpoena or court order specifically requesting such information. Second, in cases involving threat of imminent harm to you or others, we may release Personal Information to prevent or mitigate the threat. In any such case, we will seek to limit the scope of the disclosure and restrict such disclosure only to appropriate authorities, and will disclose only such Personal Information as is reasonably required to fulfill the purpose of the disclosure. In addition, unless instructed otherwise by a court or other authority with appropriate jurisdiction, we may undertake reasonable efforts: (a) to notify you of such disclosure or request for disclosure; and (b) to provide you with this notice as far in advance of the disclosure as is reasonably practicable. Persons who receive information in proper accordance with the procedures set out in this Section 13 (Exceptions) ("

Proper Recipients

") may be able to combine (i) information they properly obtain from us under this Section 13 (Exceptions), with (ii) other information they independently possess concerning you. As long as we comply with the procedures set out in this Section 13 (Exceptions) concerning the release of information, we will not be responsible for Proper Recipients' later use of this information.

Compliance with Applicable Laws

. We take the protection of your Personal Information very seriously and, to the extent provided, we will protect your Personal Information under applicable laws including, but not limited to the Red Flags Rule (entitled "Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003" and promulgated at 16 C.F.R. §681), and Massachusetts General Laws, c. 93H and other applicable, similar state law. Please note that this Section 14 (Compliance with Applicable Laws) only applies to the extent required by law, and we shall have no obligations to you under this Section 14 (Compliance with Applicable Laws) should it be determined that a particular law or regulation does not apply to us.

Scope of Privacy Policy

. This Privacy Policy governs our information practices with respect to information that you directly or indirectly provide to us while using our Website. This Privacy Policy does not apply to information practices of TopByteLabs applicable to other relationships or programs.

Definitions

. Capitalized terms have the following meanings, and other terms are defined in context:

"

Access Fee

" means the one-time access fee you pay via the Payment Processor to access a particular TopByteLabs Website Software available on our Website. By way of clarification, and not limitation, the term "Access Fee" does not include payments made by you to third parties with respect to your obtaining Third-Party TopByteLabs Softwares. "

Aggregate Information

"

is defined in Section 2 (The Types of Information You may Provide). "

Personal Information

" is defined in Section 2 (The Types of Information You may Provide). "

Site Vendors

" is defined in Section 5 (No Unrelated Third Party is Given Access to Your Personal Information). "

TopByteLabs Members

" means those users of our Website that register to become TopByteLabs Members. For more information on the benefits of becoming a TopByteLabs Member, please visit our Website. "

TopByteLabs Website Softwares

" means those software softwares in eSoftware format that you can access directly from our Site. "

Submitted Content

" has the meaning set out in our Terms. "

Third-Party TopByteLabs Softwares

" means those software softwares that you obtain from websites other than our Website, regardless of whether you accessed the other website from a link included on our Website. "

User

", "

You

" or "

Your

" refer to: (a) visitors to our Site; (b) anyone licensing TopByteLabs Website Softwares offered on our Site; and (c) TopByteLabs Members. "

We

,"

"

Us

," and "

Our

" refer to TopByteLabs, .

 

Additional General Provisions

.

 

Privacy Protection for Children

. Our Website is not directed at children, and we will not accept or request Personal Information from individuals we know to be under 13 years old. In accordance with the Children's Online Privacy Protection Act ("

COPPA

"), if we learn that a child under 13 years old has provided Personal Information, we will either: (i) delete this information from our databases in accordance with our deletion procedures set out in Section 7 (How to Obtain Access to Information You Have Provided to Us, and How to Remove Your Information from Our Database); or (ii) obtain verifiable parental consent in accordance with COPPA.

Changes to Our Privacy Policy

. We will post material changes to this Privacy Policy at least ten (10) days before they take effect. Any information we collect under the current Privacy Policy will remain subject to the terms of this Policy, until you accept the new Privacy Policy as provided in Section 1 (Privacy Policy and Your Acceptance and Consent), at which point the new Policy's provisions will govern Personal Information we hold on your behalf.

Disclaimer Notice

. We make no claims, promises or guarantees about the accuracy, currency, completeness, or adequacy of the content of this Website and expressly disclaim liability for errors and omissions in its content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement (of third party rights), title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to this Website or its links to other internet resources. Although we have put in place security systems (as described in this Privacy Policy) that are designed to prevent unauthorized disclosure of your Personal Information, due to the nature of internet technologies we cannot provide assurances as to the security of this information, and expressly disclaim any such obligation.

Site Privileges

. You agree to refrain from all activity that imposes an unreasonable burden on the Site, and we reserve the right, in our sole discretion, to limit the access of any visitor (including, but not limited to, TopByteLabs Members) violating this agreement.

Choice of Law and Jurisdiction; Translations

. This Site is controlled and operated by TopByteLabs from its location in Germany. This Policy shall be construed in accordance with the laws of the State of Germany, without regard to any conflict of law provisions. Any dispute arising under this Privacy Policy shall be resolved exclusively by the state or federal courts sitting in the judicial district that includes Griesheim, Germany. This Privacy Policy may be translated into languages other than English (collectively, "

Translations

"). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either this Privacy Policy or the Translations shall be conducted in English, and the English version of this Privacy Policy shall control over the Translations.

 

Transfer of Site

.

We shall be entitled to transfer Personal Information to a third party in connection with a sale of all or substantially all of the assets of the business entity responsible for the Personal Information under this Policy, provided the acquiring third party has agreed to safeguard your Personal Information with protections that in all material respects are the same as, or more protective than, those set out in this Privacy Policy.

Order of Precedence; Complete Agreement

. This Privacy Policy must be read in conjunction with our Terms of Use, and the provisions of our Terms of Use are incorporated herein. To the extent the Terms of Use conflict with the terms of this Privacy Policy, the terms of this Privacy Policy shall control. This Privacy Policy and the terms and conditions contained herein set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

Effective Date: December 1, 2012