Last updated: October 21, 2013
BY USING THIS WEBSITE OR SOFTWARE APPLICATION OR SUBMITTING PERSONAL INFORMATION TO DIGITAL RIVER THROUGH THIS WEBSITE OR SOFTWARE APPLICATION, YOU ARE CONSENTING TO THE COLLECTION, USE, TRANSFER, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THIS PRIVACY STATEMENT.
In General. This Privacy Statement applies to each commerce solution, which may be but is not limited to a website or a software application (each, a “Property”) operated by Digital River, Inc., 10380 Bren Road West, Minnetonka, Minnesota 55343, USA (“Digital River”) where this Privacy Statement can be accessed from a hyperlink on, or otherwise appears on, that Property. If you are purchasing products through a Digital River subsidiary and not Digital River, Inc., please note that this Property is hosted and/or operated by Digital River under an agreement with the subsidiary of Digital River who is listed as the seller of products in the terms of sale on this Property.
Digital River respects the privacy of our customers, partners and suppliers of products or services and clients. The purpose of this Privacy Statement is to provide you with information concerning how we collect personal information when you use this Property, and how we collect other information regarding your interaction with this Property without identifying you as an individual; how we use, handle and disclose collected information; and choices you may have about the ways we collect and use that information. Our goal in handling personal information provided to us is to comply with applicable data protection and privacy laws and to offer users of our Property notice, choice and consent regarding processing for direct marketing purposes, security, data integrity, access, and enforcement with regard to personal information. "Personal information" means information that identifies you personally, either alone or in combination with other information available to us.
Supplemental Privacy Notices. This Privacy Statement may be supplemented or amended from time to time by additional “Privacy Notices” posted or appearing on this Property. Such Privacy Notice will provide supplemental information on how we collect and handle information specific to where that Privacy Notice appears, and is intended to be read together with this Privacy Statement.
We may occasionally update this Privacy Statement. These updates may reflect, among other things, changes in applicable laws, rules or regulations, changes in our data collection practices, and/or changes to our business or services. A revised version of our Privacy Statement will become effective upon posting and such revised version will apply to personal information we collect through the Property as of the effective date of the revised version. If revisions to the Privacy Statement materially affect how we may use Personal Information collected from you prior to the date of the revised statement, then we will request that you opt-in to the revised Privacy Statement. We will post each updated version of this Privacy Statement on the Property with a revised effective date.
We collect personal information from you when you use this Property. This may include, but is not limited to, the following situations: where you are providing information when you request information about, or use, a product or service available through this Property, or information you provide when you purchase a product or service through this Property; where you are entering a contest or a promotion, ordering a newsletter or utilizing other informational tools; and where you are submitting an order or purchasing, downloading and/or registering products and/or signing up for additional services. The information we collect may include, but is not limited to, your name, e-mail address, IP address, billing and/or shipping address, phone number, payment account information, and other information about you submitted to verify who you are or to prevent fraud. If you call our customer service, we may collect personal information you knowingly and voluntarily provide through your contact with our customer service representatives.
We furthermore collect information that is sent to us by your web browser, which may include without limitation information that does not identify you personally (such as the date and time of your visit, information about your web browser, etc.). The information we receive in such manner depends on the settings on your web browser. If you have created a user identity on one of your visits to this Property, we may link the information provided by your browser to information that identifies you personally and use it for the purposes described below. Please review the settings of your web browser if you want to learn what information your browser can send or how to change your browser settings. We may also collect limited personal information, such as email address, through web technologies in connection with your use of a Property, as described below.
We may also receive certain personal information about you from third parties where you have agreed to share such information with us, such as through your use of a social network authentication to sign in to this Property.
Session Cookies. A “session cookie” is a temporary cookie that expires when you close your browser. A session cookie assigns a randomly-generated, unique identification number to your computer when you access this Property. Assigning your computer a number facilitates the proper functioning of the features of our Property by permitting us to maintain a persistent “state” for your session, such as maintaining the contents of your shopping cart during checkout.
Persistent Cookies. Unlike a session cookie, a “persistent cookie” does not expire when you close your browser. It stays on your computer until the expiration date set in the cookie (for example, at the end of a calendar month) or until you delete it. Persistent cookies can be used to “tag” your computer so that the next time you visit (or someone using your computer visits), our server will recognize you, not by name, but by the “tag” on your computer. This will enable us to provide you with a personalized experience even if we do not know who you are. It will also allow us to collect more accurate information about the ways people use this Property, for example, how people use this Property on their first visit and how often they return.
Web Beacons. When you visit or use this Property, your computer may receive one or more “web beacons” in order to assist us with delivering cookies on this Property, to collect anonymous information about the use of this Property by our visitors, and to deliver customized or targeted content to you on this Property and through our partners. Web beacons (also referred to as “tracking pixels,” “1x1 gifs,” “single-pixel gifs,” “pixel tags,” or “action tags”) are graphic images, usually no larger than a 1x1 pixel, placed at various locations on this Property. They also help us identify browser types, search terms that bring visitors to our Property, and the domain names of websites that refer traffic to us. We also utilize web beacons to provide us with more information on any emails we send out. For example, a web beacon in an email communication will send us information to let us know that you have received, opened, or acted upon an e-mail you have chosen to receive from us.
Your personal information provided to us will be processed on our computer servers. In some cases (where it is necessary to do so in order to fulfill our contractual obligations to you) such information may also be transmitted or made available to (i) third-parties providing services to Digital River or (ii) product manufacturers, licensors and/or or suppliers, located in the European Economic Area (“EEA”), the United States of America or another territory outside the EEA.
Our Use of Personal Information. We may use personal information collected by us for the following purposes:
We keep your personal information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented), for other legitimate purposes (such as regulatory compliance), and as permitted or required by applicable law. We will observe applicable law and take reasonable steps to ensure any person or entity receiving personal information for the purposes described above, are obligated to protect and keep secure the personal information on your behalf.
Our Use of Anonymous Information. We may use anonymous information collected by us:
In addition, we may “de-identify” personal information by removing any information that identifies you specifically, and use the rest for the purposes set forth above.
Our Service Providers. We utilize other companies, including but not limited to our corporate affiliates, to provide joint services or certain services to us or on our behalf and help us to operate our business. For example, to the extent permitted by applicable law we may use our corporate affiliates and/or other companies to host or maintain this Property, to process credit card payments, to provide fraud screening and/or detection services, to perform data integrity checks, to offer you a line of credit, to provide optimization services, to fulfill your order, for payment collection, to deliver advertisements on this Property and third party websites and/or commerce solutions, to send mail or e-mail, and/or to provide customer service. We may share your information with our service providers in connection with their provision of services to us. These companies are required by contract to use any information we share with them only to perform services to us or on our behalf and to protect the confidentiality of your personal information. We may also allow these companies to utilize anonymous information, and to utilize aggregated personal information on an anonymous basis (i.e., where the aggregated data cannot identify you personally), for their business purposes. We will not share your personal information with our affiliates or unrelated third parties to use for their own marketing purposes without your consent.
To Comply With Legal Requirements, Cooperate With Law Enforcement, Prevent Fraud and Other Crimes, and Protect Legal Rights, Property, You and Others. . To the extent permitted by applicable law, we may disclose the personal information we collect on this Property without notifying you when we, in good faith, believe disclosure is appropriate to comply with the law or a regulatory requirement; to comply with governmental, administrative or judicial process, requirement or order, such as a subpoena or court order; to cooperate with law enforcement or other governmental investigations (without necessarily requiring the law enforcement or government agency requesting the information to formally serve us with a subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce a contract; to protect the legal rights, property or safety of Digital River, its corporate affiliates, and their respective employees, clients and partners and agents, other users or the public in general; or to protect your vital interests if determined necessary by us. In addition, we may review our server logs for security purposes, such as detecting intrusions into our network. If we suspect criminal activity, we may share our server logs – which contain visitors’ IP addresses – with the appropriate investigative authorities who may use that information to trace and identify individuals. We also reserve the right to report to appropriate law enforcement or government agencies any activities that we, in good faith, believe are or may be in violation of applicable laws, rules or regulations without providing notice to you.
In Connection With Corporate Events. If one of our corporate affiliates or a third party has acquired our business, specific assets or the business of one of our operating divisions through which you have provided information to us, for example, as the result of a sale, merger, reorganization, insolvency, dissolution or liquidation, your personal information will become owned by that company. In that event, the acquiring company’s use of your personal information will still be subject to this Privacy Statement, any applicable Supplemental Privacy Notices, and the privacy preferences you have expressed to us.
Digital River respects your right to make choices about the ways we collect, use and disclose information about you. We generally ask you to indicate your choices at the time and on the page where you provide your personal information.
When you provide personal information, we may offer you a choice as to whether you would like to receive further communications from us and/or from our partners, such as communications related to updates, upgrades, special offers and pricing. You have the right to withdraw your consent at any time. If you decide you no longer want to receive promotional messages from us, you may let us know by e-mailing us at firstname.lastname@example.org or by following any unsubscribe link in our e-mails; please specify which consent you are revoking in your e-mail to us. Please note, however, if you give us permission to add your contact information to our Partner’s mailing list and later withdraw your permission, you will have to contact our Partner (or use the “opt-out” provided in the e-mails our Partner sends you) to have your name removed from our Partner’s mailing lists.
If you accept a session or persistent cookie, you can delete it at any time through your web browser (e.g., as soon as you leave our Property). If you do not wish to receive cookies or wish to manage when you accept cookies in general, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept our cookies, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of this Property.
If you opt out of having your information collected through cookies, web beacons and other web technologies, your existing display advertising cookie(s) will be deleted and new cookie will attempt to be placed that instructs service providers not to track your future activities when that cookie is detected (a “no-track” cookie). If your browsers are configured to reject cookies when you visit our opt-out page, a “no-track” cookie cannot be set on your computer. Also, if you subsequently erase “no-track” cookies, use a different computer or change web browsers, you will need to opt-out again.
We are committed to keeping personal information secure. We have implemented physical, technical and administrative safeguards reasonably designed to protect your personal information from unauthorized access and disclosure. When we collect or transmit sensitive information such as a financial account number, we use industry standard methods to protect that information. It is important that you understand, however, that no commerce solution, website, database or system is completely secure or “hacker proof.” You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse, for example, by protecting your password.
Different countries have different privacy laws and requirements. Please know, however, that no matter where your personal information is collected, used, transferred or stored, if it was collected through this Property, it will be protected by us in accordance with the terms of this Privacy Statement, any Supplemental Privacy Notices that apply to you, and applicable laws, rules and regulations.
We strive to maintain the accuracy and integrity of the personal information in our databases and to keep that information up-to-date. We provide ways for you to access your personal information as required by applicable law, so that you can correct inaccuracies or update your personal information.
If you would like to review, correct or challenge your personal information, please contact us by postal mail addressed to us, ATTN: Privacy Department, at 10380 Bren Road West, Minnetonka, Minnesota 55343, USA or by e-mail at email@example.com. You may write to us in your own language.
If you contact us we may, for your protection, ask you for additional information to verify your identity. In most cases, we will provide the access you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if the disclosure may lead to a breach of applicable law and regulation, e.g. in case of any legal obligation to retain certain data, or if you have failed to provide sufficient evidence to verify your identity.
This Privacy Statement is only applicable to the use and disclosure of information we collect from and about you through this Property and any other website or commerce solution on which this Privacy Statement appears. It does not apply to information collected directly by our partners, service providers or any other third party, even if their website links to this Property, or this Property links to their website. We do not control the privacy policies of our partners, service providers or other third parties. If you disclose information to any other party, different terms may apply to their use and disclosure of information disclosed to those third parties. Please review the privacy statement posted on each website you visit.
This Property is not directed at nor targeted to children. If you have not reached the age of majority or are not able to enter into legally binding agreements in your country, you may not use this Property unless supervised by an adult. Our goal is to comply with applicable laws and regulations relating to collection and use of information from children as such term is defined by applicable laws. If you believe that we have received information from a child or other person protected under such laws, please notify us immediately by postal mail addressed to Digital River’s Privacy Department, 10380 Bren Road West, Minnetonka, Minnesota 55343, USA or by e-mail at firstname.lastname@example.org, and we will take reasonable steps to remove that information from our databases.
If you have any questions, comments, or concerns regarding this Privacy Statement or our privacy practices, or have privacy-related questions not answered online, you may contact us by any of the following means:
You may write to us in your own language.
Countries in the European Economic Area (“EEA”) Digital River Ireland Ltd, Unit 153, Shannon Free Zone West, Shannon, Co. Clare, Ireland, and Digital River International Sarl, 9b, Boulevard du Prince Henri, L-1724 Luxembourg, Luxembourg, are both subsidiaries of Digital River, Inc., a U.S. corporation with offices at 10380 Bren Road West, Minnetonka, Minnesota 55343, USA. If you are located in the EEA, by using this Property you consent to the transfer of your personal data to Digital River, Inc.’s servers in the United States and the processing of your personal data in the United States for the purposes set forth in this Privacy Statement, and acknowledge that your personal data may be transmitted by us to other Digital River companies for the purposes set out in this Privacy Statement and for company group administration purposes. This will involve a transfer of your personal data to Digital River Inc. in the United States of America.