Excelsior Software Privacy Policy

Effective Date: September 16, 2007.
Excelsior Software is committed to protecting your privacy and to handling your personal information with care and respect.

This Privacy Policy, which is part of and incorporated into the Excelsior Software Terms and Conditions of Use ("Terms"), describes how we collect, use, share and protect your personally identifiable information on the Site. By accepting this Privacy Policy, you expressly consent to our collection, storage, use and disclosure of your personal information as described below. 

All capitalized terms that are not defined herein shall have the meanings ascribed to them in the Terms.

Information Collection
We collect several types of personally identifiable information about our users:

Information You Provide to Us

• Registration.  You can browse our Site without telling us who you are or revealing any personal information about yourself.  But in order to purchase access Technical Support content on the Site, download applications available on the Site, or register for professional development events, you must first register and provide personally identifiable information (such as name, email address, password,  and contact information).  We may also collect other types of information which we may associate with personally identifiable information. 
• Purchase/Sale Transactions.  If you purchase any Materials on the Site, our online purchase forms will request financial information (such as credit card number with expiration date and a billing address or bank account information).  We'll note the type of services or products ordered or purchased, and the date of the order or purchase.
• Usage History and Interactive Features.  We may also collect additional personal information when you use some features on the Site and when you correspond with our customer service representatives by phone, mail or e-mail.  

Information Collected Through Technology
Our Site collects information through a variety of technical methods to create a "profile" of your preferences and for various purposes related to our business.  We collect information from your interaction with our Site, services, and content, including computer and connection information, statistics on page views, traffic to and from the sites, IP address and standard web log information.  We tie your personally identifiable information and your purchasing history to information in your profile, in order to provide tailored promotions and marketing offers and to improve the content of the Site for you.

The following methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf:

• Cookies We use "cookies" (small files placed on your hard drive) on certain pages to help analyze our web page flow; customize our services, content and advertising; identify you and maintain your signed-in status; measure promotional effectiveness; and promote trust and safety in the usage of the Site.  You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of our Site.  You may also encounter cookies from third parties on other websites accessible from our Site; we do not control such websites or their use of such cookies.
• Log Files. As is true of most websites, we automatically gather certain information (such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data) and store it in log files.  We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users' movements around the Site and to gather demographic information about our user base as a whole.  We may also link this data to personally identifiable information.

Use of Information
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience.  We may use your personal information to:

• verify your eligibility to be a registered user;
• provide the services and customer support you request;
• charge and collect bills, issue credits and debits, and disburse payments in connection with the transactions;
• store all communications sent through the Site;
• resolve disputes and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our Terms;
• customize, measure, and improve our services and the Site's content and advertising; and
• tell you about targeted marketing of products, service updates, special deals, and promotional offers as well as confirm the opening of any HTML-based emails to gauge the effectiveness of certain communications and effectiveness of marketing campaigns based on the elections in your Account settings.

We will also communicate with you by email in response to your inquiries, to provide any assistance you request, to manage your Account (such as billing and refund issues), and to send you strictly administrative, transaction or operation-related announcements on rare occasions when it is necessary to do so (such as if our service is temporarily suspended for maintenance or updates to the policies). Generally, you may not opt out of these non-promotional communications.  But if you do not wish to receive these administrative, transaction or operation-related communications, you have the option to deactivate your Account by contacting Customer Support.

Information Sharing and Disclosure

Your Personal Information
Personal information about our users is an important part of our business.  We are not in the business of selling or renting your personal information to third parties for their marketing purposes without your consent.  

We may share your personal information (such as email address) with our corporate affiliates or corporate partners for their promotional uses unless you elect to "opt out."  If you do not "opt out" or if you consent to such sharing in the course of using a specific service or purchasing materials on our site, you authorize us to disclose your personal information to our corporate affiliates or selected corporate partners who may send marketing communications about their goods and services. 

GlobalScholar has the right to share your personal information for the following purposes which are not subject to your "opt-out" choices:

• Corporate Agents and Third Party Providers.  We employ other companies and individuals to perform functions on our behalf with respect to our business operations.  Examples include fraud investigations, providing customer service, processing credit card payments, sending postal mail and e-mail, removing repetitive information from user lists, analyzing data, providing marketing assistance, and providing search results and links (including paid listings and links).  Except as separately permitted by other provisions in this Privacy Policy, these companies are allowed to gather, receive, and use your personal information only as needed to perform their functions or as required by law.
• Authorized Third Parties.  In certain circumstances, your dealings with a third party may have authorized that third party to obtain your personal information from Excelsior Software and to use that information in accordance with the third party's own privacy practices and policies.  We will provide your information to such third parties only to the extent you explicitly authorized us to do so.
• Business Transitions.  In the event Excelsior Software goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred as part of such transaction.  If we purchase a business, the personally identifiable information received with that business will be treated in accordance with this Privacy Policy if it is practicable and permissible to do so.  If we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personal information in the same manner required by the Privacy Policy effective at the time of closing.  You will be notified via a prominent notice on our Site for 30 days of any such change in ownership or control of your personal information.
• Legal Disclaimer.  In an effort to respect your privacy and our ability to keep the Site free from bad actors, we reserve the right to release your Account and other personal information when we believe such release is appropriate to: (a) comply with the law (including to meet our tax reporting obligations), or to respond to legal requirements  (subpoena, court order or substantially similar legal procedure served on Excelsior Software); (b) enforce or apply our Terms and other policies; and (c) protect the rights, property, or safety of Excelsior Software, our users, or others when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity (including exchanging information with other companies and organizations for fraud protection). In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, transactional history, and social security number and/or taxpayer ID number (if applicable).  This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from users for commercial purposes.

Aggregate Information (non-personally identifiable)
We reserve the right to share aggregated demographic information about our user base (without linking to personally identifiable information about individual users) or de-personalized individual information (removal of name and other personally identifying characteristics) with our corporate affiliates and corporate partners.  Given the nature of this information, there are no restrictions under this Privacy Policy upon the right of Excelsior Software to aggregate or de-personalize your personal information.

Communication Preferences, Opt-In, and Opt-Out Choices
By accepting our Terms and Conditions your account will Opt-in to marketing e-mails. You have a choice to give or not to give us your consent to use your personal information for marketing purposes and to send you marketing e-mail. When you choose to "opt out," you decline to give us your consent (a) to disclose your personal information with our corporate affiliates or corporate partners for their marketing purposes, and (b) to receive marketing communications or promotional materials via email from us, any corporate affiliates, or corporate partners. You can exercise and change your opt-out choices in the following way:

• After registration, by accessing your Account settings, or by following the "unsubscribe" directions provided in the marketing email sent to you.

 

If you choose to "opt out", it may take up to ten (10) days after you "opt out" for your election to be fully effective. Our systems require time to update and promotional mailings using personal information shared before you elected to opt out may already be in process. Thus, your personal information might continue to be shared with our corporate affiliates and corporate partners and you might continue to receive promotional materials from Excelsior Software, our corporate affiliates and corporate partners for up to ten (10) business days after you have changed your opt-out election.

No Spam, Spyware or Spoofing
We and our users do not tolerate spam. Make sure to set your Communication Preferences for your Account so we communicate to you as you prefer.  You are not allowed to add any other Site user, even a user who has purchased a Course from you, to your mailing list (email or postal mail) without such user's express consent.  To report Site-related spam or spoof emails to Excelsior Software, please forward the email to webmaster@excelsiorsoftware.com.
You may not use our communication tools to send spam or otherwise send content that would violate our Terms.  We reserve the right to automatically scan and manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content. 

Security
The security and confidentiality of your personal information is extremely important to us.  Your information is stored on our servers located in the United States.  We treat data as an asset that must be protected and use technical (i.e., Secure Sockets Layer (SSL) software for encryption, passwords, physical security, etc.), administrative, and physical security measures to protect your personal information against unauthorized access and disclosure.  We follow generally accepted industry standards to protect the personal information submitted to us during transmission and after we receive it. 

Please be aware that despite our best efforts, no method of transmission over the Internet or method of electronic storage is 100% secure and impenetrable.  While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee, and you should not expect, absolute security. It is important for you to protect against unauthorized access to your password and to your computer.

Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information online through your account preferences.   Generally, we cannot manually modify your personal information through any other means because it is very difficult to verify your identity remotely.  You must promptly update your personal information if it changes or is inaccurate.

Deactivating Your Excelsior Software Account
You may deactivate your Account by contacting Customer Support.  Upon your request, we will close your Account and remove your personal information from the Site as soon as reasonably possible, based on your Account activity and in accordance with applicable law.  We do retain personal information from closed Accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms, and take other actions otherwise permitted by law.

Links to Other Sites and Third Party Advertisers
Our Site may include third-party advertising and links to other websites that are not owned or controlled by Excelsior Software.

To the extent these third parties are not our corporate partners, we do not provide any personally identifiable information to these third-party websites or to advertisers and Internet advertising companies working on their behalf (also called "ad networks" or "network advertisers").  These network advertisers sometimes use technology to send (or "serve") their advertisements that appear on our Site directly to your browser.  They automatically receive your IP address when this happens.  They may also use cookies, JavaScript, web beacons, and other technologies to measure the effectiveness of their ads and to personalize advertising content.

When you click on an advertisement on our Site that links to a third party website or a network advertiser, then you are leaving our Site.  This Privacy Policy will not apply to your personally identifiable information collected on that third party's website.  We are not responsible for the privacy practices of such third parties or network advertisers and you must read the privacy policy posted on their respective websites to see how your personally identifiable information will be handled.

Changes in this Privacy Policy
Please see our Terms for details on how we will provide notice of changes in this Privacy Policy.

Contact Us
To contact us with any questions, comments or suggestions regarding our Privacy Policy:
By e-mail:
solutions@excelsiorsoftware.com

By mail:
Excelsior Software, Inc.
ATTN: Privacy
980 37th Avenue Court
Greeley, CO 80634

By phone:
1-800-473-4572