Openwater Software, Inc. Privacy and Security Policy Statement Effective May 28, 2008

1825 South Grant Street, Suite 710 San Mateo, California 94402 www.openwaternet.com Support Email: support@openwaternet.com


Introduction
Openwater Software, Inc. ("Openwater") strives to observe its visitors' and customers' preferences for the collection and use of their personal or identifying information. (As used below, "customers" includes visitors who contact Openwater offline.) This policy describes the information that Openwater collects, and explains Openwater's use of that information, and related privacy and security matters.
Information Openwater Collects
Openwater may collect visitor and customer information by methods that include online and offline forms; sales inquiries and transactions; direct communications with visitors and customers; third party sources of information, such as postal mailing lists and opt-in email lists; and automated means such as cookies.

 

Openwater collects the following information:

• From visitors to Openwater's public web site. Collected information may include: domain name and e-mail address (where possible), user-specific and aggregated information on what pages visitors access or visit, and information volunteered by the visitor, e.g., via survey information or online forms. For each visitor to Openwater web pages, our web server automatically recognizes the visitor's Internet Protocol (IP) address, browser and related configuration information, and e-mail address (where possible).

• From customers of Openwater services (and offline visitors). Collected information may include: customer (company) name; representative and contact person names and titles; e-mail and postal mail addresses; telephone and fax numbers; industry and other market segmentation information; financial qualification information; credit card number and billing address; user preferences; the number of users of various features of Openwater services; user hardware and software configuration, operation and vendor support history information; information submitted by the customer in Openwater's public and private forums; and other information submitted by the customer to Openwater; as well as the same information described above from visitors to Openwater's public web site.

Openwater web sites and services are not offered to or intended for use by minors.

Use of Information and Cookies

The information Openwater collects is used by Openwater to administer Openwater's web sites, and improve and/or personalize the content and layout of the same; to contact visitors, prospects and customers for marketing purposes; to set up and provide its services efficiently; and to diagnose and resolve customer service issues. Openwater also may collect, track, analyze and create non-identifying and/or aggregated information from its visitors and customers and provide such information to third parties.

Openwater does not disclose to third parties visitor or customer information provided, except as expressly stated at the time Openwater requests information, as provided for in Openwater's applicable terms of service or agreements, as needed by Openwater's subcontractors under obligation of confidentiality, or as required by law. All financial and billing information collected by Openwater is used solely to check credit availability and bill for the Openwater services. Openwater uses one or more third parties to manage its credit card processing.

Customers of Openwater services will use Openwater servers and sites to host data and information concerning their systems and support information and history ("Service-related Information"). Openwater will not review, share, or distribute, any Service-related Information except as provided in Openwater's applicable terms of service or agreements, as contemplated by the relevant service (e.g., contributions to a public or private forum), as non-identifying and/or aggregated information, and/or as may be required by law.

Cookies: Openwater uses cookies to store and act on visitor and customer preferences; record session information; record user-specific information on web pages accessed or visited; or alert visitors and customers to new web sites or service offerings that Openwater believes may interest them upon return to Openwater's sites.

Ad Servers: Openwater does not use ad server companies in connection with its web sites or service offerings.

Privacy and Third-Party Sites

Openwater services, other users of such services, customer's vendors, and/or third parties may provide links to other web sites or resources, which may be reached by visitors or customers using the Openwater services. Because Openwater has no control over such sites and resources, Openwater is not responsible for the privacy or security practices, functionality or content of such external sites or resources. Visitors and customers should review the privacy policies and terms of service of such external sites or resources before using them.

Opt-out Policy

If you supply Openwater with your email and/or postal address you may receive periodic mailings from Openwater with information on new or improved products and services or upcomin events. Persons who supply Openwater with their telephone numbers may receive telephone contact from Openwater with information regarding orders they have placed or new Openwater products and services. If you do not wish to receive such email, postal mail or telephone calls, please email Openwater at the above address.

Visitors and customers may prevent their information from being used for purposes other than those for which it was originally collected by emailing Openwater at the above.

Certain non-marketing communications are excluded from a general opt-out. These include communications regarding sales transactions, software updates and patches, Openwater service availability, and security alerts, as well as communications and notices required by law or pursuant to any Openwater terms and conditions or agreements.

 

Correction and Update of Visitor and Customer Information

For visitors to Openwater's public web site, Openwater cannot provide or correct this data, because Openwater receives minimal information and may not have the visitor's contact information.

For customers, Openwater provides access to, and the ability to correct, contact information (e.g., name, address, phone number); unique identifier information (e.g., customer number or password), and credit card account information. Openwater may provide access to and the ability to correct transaction information (e.g., dates on which customers made purchases, amounts and types of purchases); communications that the visitor or customer directed to Openwater (e.g., e-mails, customer inquiries); and a description of information that Openwater maintains about them. Generally, customers can access and correct such information by updating their Openwater account profile online. Offline visitors may similarly access and correct their information by sending email or postal mail to the above addresses.

 

Security Policy

Openwater's web sites and service offerings use advanced security procedures and technologies to secure its customers' information and limit it only to users authorized by the customer, as well as Openwater and its subcontractors. These include encrypted web connections via Secure Sockets Layer (SSL) technology.

Openwater services are hosted in a physically secured, redundant environment that uses anti-virus software, firewalls and other advanced technology.

Policy Changes

From time to time, Openwater may use visitor or customer information for new, unanticipated uses not previously disclosed in this policy. Also, if Openwater's privacy and security practices change at some time in the future, Openwater will post the policy changes to its web site at least 30 days in advance to notify visitors and customers of such changes and provide them the ability to opt out of new or changed uses, consistent with Openwater's opt-out policy. In many cases, Openwater also will email notices of such changes. If you are concerned about how your information may be used, please visit Openwater's web sites periodically.

 

Contacting Openwater

You may send your questions or comments regarding Openwater's privacy and security policy and practices to Openwater by sending email or postal mail to the above addresses.

 

Effective Date: May 28, 2008