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Overview

By visiting and shopping at Developer Utility, you are accepting the practices described in this Privacy Notice. This Policy will take effect on June 1, 2007.

At Developer Utility, respecting privacy is an important part of our commitment. In order to operate the payment service and to reduce the risk of fraud, Developer Utility (or "we") must ask you to provide us information about yourself and your credit card account. This Policy describes the information we collect and how we use that information.

Developer Utility takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Policy. We will not sell or rent your personally identifiable information or a list of our customers to third parties.

However, as described in more detail below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Policy.

By accepting the Policy, you expressly consent to our use and disclosure of your personal information in the manner described in this Policy.

Please note that your personal information will be stored and processed on our computers in Canada . The laws on holding personal data in Canada may be more or less stringent than the laws of your country but Developer Utility will hold and transmit your personal information in a safe, confidential and secure environment. If you object to your personal information being transferred or used as described in this Policy, please do not use Developer Utility service.

Openness concerning policies and procedures

Developer Utility shall make readily available to individuals specific information about its policies and procedures relating to the management of personal information. Developer Utility shall make information about its policies and procedures easy to understand.

Accountability

Developer Utility is responsible for personal information under its control and shall designate one or more persons who are accountable for Developer Utility's compliance with the following principles.

Responsibility for compliance with the provisions of the Developer Utility Policy rests with the Developer Utility Privacy Officer. The Developer Utility Privacy Officer can be contacted by e-mail at privacyofficer@developerutility.com.

Other individuals within Developer Utility may be delegated to act on behalf of the Privacy Officer or to take responsibility for the day-to-day collection and/or processing of personal information.

Developer Utility respects your privacy as well as your right to download software that is not adulterated with Spyware or Adware. You have our word that none of our software contains any Spyware or Adware of any kind.

What do we mean by personal information

By "personal information" we mean any information about you as an identifiable individual including your name, your email address or your credit card information.

What personal information about customers do we gather

In order to make payments through Developer Utility, you must provide your name, address, phone number, e-mail address and credit card.

This required information is necessary for us to process transactions, protect you against credit card fraud, and to contact you should the need arise in administering your account.

We also collect the Internet address (IP address) and other identifying information about the computer or device you use to access our site, in order to help detect possible instances of unauthorized transactions.

In order to protect all our customers against potential fraud, we verify with third parties the information you provide. In the course of such verification, we receive personally identifiable information about you from such services.

In particular, your credit card, we will use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to Developer Utility, and that the card has not been reported as lost or stolen.

If you send us correspondence, including e-mails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from Developer Utility to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our Terms of Use Agreement. We may, over time, delete these records if permitted by law.

How secure is information about me

Developer Utility is committed to handling your customer information with high standards of information security. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only to employees who need to know that information in order to fulfill their job responsibilities.

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL 128-Bit), which encrypts information you enter. Developer Utility has selected Equifax (http://www.equifax.com) as our Certificate Authority. Our Security Certificate ensures we keep your information secure. We highly recommend that you upgrade to a 128-Bit encryption enabled browser to use this site.

For more information about Security Certificate, you can visit the United States Cyber Security (www.us-cert.gov/cas/tips/ST05-010.html).

The Developer Utility system is devised to ensure database integrity, which requires servers on high speed backbones within a 7/24 monitored location. All Authorized Personnel can access the data centre using industry accepted security measures. We use the co-location services of WebHost4Life (www.webhost4life.com).

We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

Our data base is as secure as we can possibly make it. If anyone was to gain access to it, they wouldn't be able to see any of the sensitive information stored there as it is in an encrypted form. To reduce the security risks even more we set the automatic deleting of credit card information to a workable minimum level i.e. 3 days.

Developer Utility shall protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, through appropriate security measures, regardless of the format in which it is held.

What about cookies and server logs

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser, to enable our systems to recognize your browser and to provide features such as click purchasing (add to shopping cart).

Information gathered by these technologies will disappear once you leave the website unless there is notice to the contrary on the website (remember me for next time visit). Be sure to close the browser when you've finished using a shared computer.

Developer Utility web servers automatically collect some information about a visitor's computer or other access device, such as its Internet protocol address, browser types, browser version and access times in their logs.

This information is used in aggregate form for statistical purposes only to analyze trends, administer the site, improve site performance and gather broad demographic information.

We also collect information on which pages of our Web site you visit while you are on the Developer Utility site. We use this information to try to understand our customers' preferences better and to manage the load on our servers, so as to improve our service and your experience with Developer Utility. We do not track the Web sites that you visit before or after you leave the Developer Utility site.

Do we share the information receives

We do not provide personal information gathered on the websites to third parties except with your express permission. We will never rent or sell your email address to any third parties.

Our Use and Disclosure of Information

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to (1) provide the services and customer support you request; (2) resolve disputes, collect fees, and troubleshoot problems; (3) prevent potentially prohibited or illegal activities, and enforce our User Agreement.

Disclosure to third parties

Your credit card number will NEVER be revealed to anyone except with your express permission or if we are required to do so pursuant to a subpoena or other legal process.

If you are buying goods or services and pay through Developer Utility, we may provide the seller with the shipping address for the goods and your confirmed credit card billing address to complete your transaction with the seller. The seller is not allowed to use this information to market their services to you unless you have agreed to it.

Developer Utility will not share any of your personally identifiable information with third parties except in the limited circumstances described below, or with your express permission. These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared.

1. We share information with companies that help us process the transactions you request or protect our customers' transactions from fraud, such as sharing your credit card number with a service that screens for lost and stolen card numbers.

2. We disclose information that we in good faith believe is appropriate to cooperate in investigations of fraud or other illegal activity, or to conduct investigations of violations of our Terms of Use Agreement. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we can give that person or entity's contact information.

3. We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. As Developer Utility may outsource some of its functions, including data storage and processing, to related entities or service providers in foreign jurisdictions those related entities or service providers may be required to disclose your personal information pursuant to a subpoena or other legal process which originates in that foreign jurisdiction.

4. We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).

5. As with any other business, it is possible that Developer Utility in the future could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by Developer Utility, including customer account information, but would continue to be bound by this Policy.

Our contacts

In connection with independent audits of our financial statements and operations, the auditors may seek to contact a sample of our customers to confirm that our records are accurate. However, these auditors cannot use personally identifiable information for any secondary purposes.

Are children allowed

Children are not eligible to use our service and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.

Conditions of use, notices, and revisions

If you choose to visit Developer Utility, your visit and any dispute over privacy is subject to this Notice and our Terms of Use, including limitations on damages, arbitration of disputes, and application of the law in force in Canada and the Province Ontario . If you have any concern about privacy at Developer Utility, please contact us at privacyofficer@developerutility.com and we'll try to resolve it.

Our business changes constantly and our Privacy Notice will change also. You should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. The revised version will be effective at the time we post it.

Examples of information collected

Information You Give Us

For example, you provide information when you search for a product; make an order; communicate with us by phone, e-mail, or otherwise. As a result of those actions, you might supply us with such information as your name, address, and telephone number; credit card information.

Automatic Information

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information, such as browser type, version and time zone setting, browser plug-in types and versions, operating system, platform and products you viewed or searched for.

Contacting us

If you have any questions about this privacy statement, Developer Utility's information practices, you can contact us at privacyofficer@developerutility.com.

Additional information

Please visit the Privacy Commissioner of Canada's website (www.privcom.gc.ca).