Aktana, Inc. (“Company”) is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.aktana.com, our products (the “Products”), and related services.

1. USER CONSENT.  By submitting Personal Data through our website, Products, or related services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy.  

2. A NOTE ABOUT CHILDREN.  We do not intentionally gather Personal Data about visitors who are under the age of 13.

3. A NOTE TO USERS OUTSIDE OF THE UNITED STATES.  Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. 

4. TYPES OF DATA WE COLLECT.  Company collects Personal Data and Anonymous Data from you when you visit our site, when you send us information or communications, and/or when you download and use our Products.  “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons.  We collect Personal Data and Anonymous Data, as described below.

4.1 Personal Data You Provide to Us.  If you provide us feedback or contact us via e-mail or through our web site (e.g., in response to an employment opportunity posted on our website), we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume.  When you participate in one of our surveys, we may collect additional profile information.  

4.2 Personal Data Collected via Technology.  We may also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed.  Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website.  Persistent Cookies can be removed by following Internet browser help file directions.  If you choose to disable Cookies, some areas of our website may not work properly. 

5. USE OF YOUR DATA.

5.1 General Use.  In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better.

5.2 Creation of Anonymous Data.  We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you.  We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Products and services and improve site navigation.  Company reserves the right to use and disclose Anonymous Data to Third Party Companies in its discretion.  

5.3 Feedback.  If you provide feedback on any of our Products or related services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Data.  Company will collect any information contained in such communication and will treat the Personal Data in such communication in accordance with this Privacy Policy.

6. DISCLOSURE OF YOUR PERSONAL DATA.

6.1 Affiliates.  We may share some or all of your Personal Data with our current and/or future parent compan(ies), subsidiaries, joint ventures, or other companies under a common control (our “Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.  If another company acquires Company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

6.2 Other Disclosures.  Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Company; or (b) protect or defend the rights or property of Company or users of the Products or related services.

7. THIRD PARTIES.

7.1 Disclosure to Third Party Service Providers.  Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Personal Data collected from our services to other entities.  However, we may share your Personal Data with third party service providers to provide you with the Products and related services that we offer you through our website; to conduct quality assurance testing; to facilitate creation of accounts; or to provide technical support. These third party service providers are required not to use your Personal Data other than to provide the services requested by Company.  You expressly consent to the sharing of your Personal Data with our contractors and other service providers for the sole purpose of providing services to you.

7.2 Disclosure to Third Party Companies.  We may enter into agreements with Third Party Companies.  A Third Party Company may want access to Personal Data that we collect from its customers.  As a result, we may disclose your Personal Data to a Third Party Company; however, we will not disclose your Personal Data to Third Party Companies for the Third Party Companies’ own direct marketing purposes, unless you have “opted-in” by following the instructions we provide to allow such disclosure.  If you have opted-in to receive e-mail communications from a Third Party Company and later wish to discontinue receipt of these e-mails, please contact the Third Party Company directly to update your preferences.  The privacy policies of our Third Party Companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such Third Party Companies.  Because we do not control the privacy practices of our Third Party Companies, you should read and understand their privacy policies.

NOTICE TO CALIFORNIA RESIDENTS - YOUR CALIFORNIA PRIVACY RIGHTS (AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83).

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES.  IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED.  CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING LEGAL@AKTANA.COM.  PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR, AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.

8. YOUR CHOICES REGARDING YOUR PERSONAL DATA.

8.1 Choices.  We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you free newsletters and e-mails that directly promote the use of our site or the purchase of our Products or services and may contain advertisements for Third Party Companies.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).  Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties.  Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy.  

8.2 Changes to Personal Data.  You may change any of your Personal Data in your account by sending an e-mail to us at the e-mail address set forth below.  You may request deletion of your Personal Data by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).  When we delete any information, it will be deleted from the active database, but may remain in our archives.

9. SECURITY OF YOUR PERSONAL DATA.  Company is committed to protecting the security of your Personal Data.  We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure.  Despite these measures, you should know that Company cannot fully eliminate security risks associated with Personal Data and mistakes may happen.

10. CONTACT INFORMATION.  COMPANY welcomes your comments or questions regarding this Privacy Policy.  Please e-mail us at legal@aktana.com or contact us at the following address or phone number:

Aktana, Inc.

Attn: General Counsel

944 Market Street, Suite 400

San Francisco, CA 94102

(415) 692-4791

11. DISPUTE RESOLUTION.  If you believe that Company has not adhered to this Statement, please contact Company by email at legal@aktana.com.  We will do our best to address your concerns.  If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. 

12. CHANGES TO THIS PRIVACY POLICY.  This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your Personal Data, we will notify you by prominently posting notice of the changes on our website.  Any material changes to this Privacy Policy will be effective thirty (30) calendar days following our posting of notice of the changes on our site.  These changes will be effective immediately for new users of our website, Products or related services.  Changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes.  If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us.  Continued use of our website, Products, or related services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

This Privacy Policy was last revised on February 2012.