Last Modified September 21, 2006
1. INTRODUCTION
This document (the "CoNeXus Privacy Policy") sets forth the privacy policy of CoNeXus Software, Inc. ("CoNeXus". "CoNeXus Software", "us", or "we") for the website located at www.nq.com (the "Site"), the NQ Wizard™ software that you may download from the Site (the "Software"), and all other software, products and services that you may download or access through the Site (collectively, the "NQ Service"). We have created this Privacy Policy to let you know what information we may collect through the NQ Service from our subscribers ("Subscribers") and from those who are not subscribers ("Non-Subscribers"), and how we and our Subscribers may use and share that information. Please review the terms of our Privacy Policy. By using the NQ Service, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the NQ Service. This Privacy Policy applies only to information collected from you through the NQ Service and does not apply to information which we may collect offline or by other means. This Privacy Policy forms part of the Terms of Use for the NQ Service.
2. NATURE OF THE NQ™ SERVICE
Please keep in mind that the NQ™ Service is a networking tool the purpose of which is to allow our Subscribers to display information about themselves and their contacts and exchange such information with other Subscribers in order to expand their personal networking opportunities. Thus, while we respect the privacy of our Subscribers and their contacts, the very nature of the NQ Service involves the disclosure of personal information to other people. The email addresses collected by the Software and stored in the Personal Network (as defined below) of each Subscriber are already contained in that Subscriber's email in-box or other folders. Whether or not that person subscribes to the NQ Service, he or she already has the ability to use those email addresses in various ways, whether by storing them in an electronic address book, replying to them, forwarding them to other individuals, etc. The NQ Service provides a means to organize and share these email addresses in a way that allows our Subscribers to fully exploit their business and personal connections.
3. PERSONAL INFORMATION WE MAY COLLECT
Subscriber Account Information. In order to subscribe to the NQ™ Service, you are required on the registration information screen to provide your email address and name. Additional registration information such as your address and phone number is optional. If you register for a paid subscription, we will also collect account information, including your credit card number, and pass it to our merchant bank for processing (as further discussed in the "Disclosure of Personal Information" section below). However, for your protection, once the transaction is complete, we will only save the first and last four digits of your credit card number. Please note that our merchant bank keeps certain information on file in order to administer their services, such as to provide automatic renewal billing services. We will also ask you to provide a private password in order to access the NQ Service. The account information you provide will be used to set up and administer your account with us. Your registration information will be used for your Business Card (see "Business Cards" below).
Information Collected by Our Software. When you subscribe to the NQ™ Service and download the Software to your computer, you can designate the email folders in your email program that you want the Software to search. By default the NQ™ Service will search all of the email folders that it finds. Within these email folders, the Software will automatically find the email addresses in the "To", "From" and "Cc" fields of all emails that you send or forward, that are sent to you directly, or that are forwarded to you. We collect these email addresses and store them in your personal network database ("Personal Network") on our servers. (It is the express responsibility of the Subscriber to exclude any folders that contains correspondence that for any reason should not be searched for data). Thus, your Personal Network contains a listing of the email addresses of your contacts as found in your designated email folders. Using the Software, we collect certain additional information, such as the frequency with which emails are sent to, or received from, a particular contact (including contacts that you may not correspond with directly), the dates on which these emails are sent or received, and the email identification number for each email correspondence that is scanned (this email identification number is used to avoid scanning emails more than once). This additional information is also stored in your Personal Network. Finally, the Software may sometimes identify a connection between two contacts in your Personal Network that we may from time to time disclose to others; however we will not disclose that this information came from your Personal Network. From time to time we may use the information we collect to market our products and services to you and to the email addresses in your Personal Network.
Please note that the "contents" of the correspondence, beyond the addressing information, are not in any way collected, saved, or transmitted by the NQ™ Service, and for your protection, all scanning of the messages occurs local to the machine on which the Software is loaded.
Business Cards. For Subscribers, the registration information that you enter when you subscribe to the NQ™ Service will automatically be entered into your business card (your "Business Card") on the Site. The NQ Service allows Subscribers to send requests ("Requests") to their contacts (whether such contacts are Subscribers or Non-Subscribers) to fill out or update a Business Card by providing their name, email address, address and other personal information. Filling out a Business Card in response to a Request is completely optional. If a contact chooses to fill out and submit a Business Card, we will collect that contact's Business Card information. Please note that while occasionally we do initiate Requests for product marketing purposes, Requests are also initiated by our Subscribers. When a subscriber initiates a Request the NQ Service is simply the mechanism that sends and processes these emails at the instruction of our Subscribers. All Business Card information is stored on our servers and is made available to all Subscribers, and in some cases to Non-Subscribers, as further discussed in the "Disclosure of Personal Information" section below. From time to time we may employ third party databases to "reverse append" available information to the email addresses in our database. We make no representation as to the accuracy, authenticity or appropriateness of the information we append or maintain. Any owner of the email address associated with a Business Card can update the information contained in their Business Card. In order to update business card information, access to the associated email address correspondence is required to validate authorization.
Additional Information. In addition to the foregoing, we may collect certain other personal information in certain circumstances, such as when you enter a contest, purchase a premium product or contact us with a question or comment about the NQ™ Service.
4. HOW YOUR PERSONAL INFORMATION MAY BE USED
By CoNeXus. If we collect personal information from or about you through the NQ™ Service, we may retain and use that information for several purposes. For example, we may use the information you provide about yourself to fulfill your requests for our products and services and to respond to your inquiries. If you subscribe to the NQ Service, we may use your registration and account information to verify access rights to the NQ Service, provide you with personalized content, instructions and services and learn more about our Subscribers so that we may tailor the NQ Service to their interests and preferences. We may also use personal information to ensure compliance with our policies and applicable law. Except as required by law or to protect the NQ Service, we will not use your credit card information for any purpose other than processing your subscription and other payments and any adjustments to which you may be entitled.
If you are a Subscriber, we sometimes use your personal information to communicate with you, such as to notify you when you have won a contest, to contact you about your account with us or to notify you of products, services, promotions or offers that we believe may be of interest to you. If you prefer not to receive marketing information from us by email, you may opt out by following the opt-out instructions contained in the emails themselves. We may also contact you from time to time to recommend a particular Subscriber or Non-Subscriber contained in your Personal Network if our data indicates that it would be beneficial for you to share your Personal Network with such Subscriber or Non-Subscriber (if such Non-Subscriber were to become a Subscriber) because of the extent of that person's connections.
By Subscribers. A Subscriber may use the email addresses for contacts contained in his or her Personal Network to send Requests to such contacts or to invite such contacts to join the NQ™ Service. As noted above, while we occasionally do send Requests and other communications to the general database, the NQ.com service allows subscribers to initiate Requests and other communications and in such cases the NQ Service is simply the mechanism that sends and processes these emails at the instruction of our Subscribers. If you are a Subscriber or Non-Subscriber and you receive a Request or an invitation to join the NQ Service from a Subscriber from whom you do not wish to receive such emails, we encourage you to contact that Subscriber directly and request that he or she not send such emails to you in the future. If emails from such Subscriber persist, you may report such Subscriber to us by sending an email to NQSupport@NQ.com. Upon receiving such notice from you, we may take any action against such Subscriber that we feel is appropriate (such as account termination), but we will have no obligation to do so.
5. DISCLOSURE OF PERSONAL INFORMATION
Sharing Personal Networks. The NQ™ Service enables Subscribers to share their network of contacts by allowing two Subscribers to exchange their Personal Networks. Thus, if you are a Subscriber, you may receive emails from fellow Subscribers asking if you would like to exchange Personal Networks with them. (If you are a Subscriber and you are listed in a fellow Subscriber's Personal Network, the NQ Service in some cases will indicate to that Subscriber that you are also a Subscriber.) Your Personal Network will only be shared with another Subscriber if you both agree to share your Personal Networks with each other. In other words, your Personal Network will only be shared with Subscribers with whom you choose to share it. If you share your Personal Network with another Subscriber, that Subscriber will be able to view the email addresses and other information about your contacts contained in your Personal Network.
If you share your Personal Network with another Subscriber, you may revoke that Subscriber's access to your Personal Network at any time, although you will also lose access to that Subscriber's Personal Network (and obviously that Subscriber may have viewed or used the information in your Personal Network prior to your revocation).
As a subscriber your data may also be made part of a Global Database that contains the contact information from a number of Personal Networks. This information may be searchable by subscribers and non-subscribers but search results will not reveal which subscribers Personal Network was the source of any particular data.
Users of our NQ Enterprise™ product ("DAK Issuers") have the ability to issue DAKs for use by users of other NQ products. Use of these DAKs provides access to your data by users that the issuer of the DAK authorizes. When you accept the use of a DAK issued by an NQ Enterprise™ user you agree to let that user have administrative authority over who may and may not have access to view your data. In certain circumstances a DAK Issuer may have legal authority over the email address you are using (as is often the case with a company that owns the email addresses that it lets its employees use) and may have installed a DAK in a CoNeXus product that you are using without your explicit consent. In such circumstances, your continued use of the CoNeXus product once a DAK appears on your subscriptions options page (www.nq.com/Subscription.aspx) constitutes your acceptance of the terms and conditions that the DAK issuer. Any user of a CoNeXus product with an installed DAK is considered a DAK User whether or not they separately accepted the installation of that DAK.
NQ Enterprise™ customers that own email addresses that it lets others use, and who accept and install DAKs on behalf of their users ("DAK Remote Issuers"), may do so only if they have the legal right and authority over the email address and the correspondence thereof.
All Third Party DAK Issuers, DAK Issuers, DAK Remote Issuers, and DAK Users, warrant that they have the legal right and authority to act in their respective rolls with respect to the use of any CoNeXus product and with respect to the collection and use of all information obtained in conjunction with the issue, acceptance and/or use of DAKs. Furthermore all Third Party DAK Issuers, DAK Issuers, DAK Remote Issuers, and DAK Users agree to indemnify and hold CoNeXus, its parent, subsidiaries, and affiliates, and each of its and their respective employees, officers, directors, shareholders, agents and promotional partners, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the NQ Enterprise™ service, your issuance of DAKs, or your use of DAKs.
Business Cards. For all Subscribers, and for any Non-Subscribers who choose to fill out and submit a Business Card, your Business Card will be stored on the Site in a searchable database. If you fill out a Business Card, and if a Subscriber's Personal Network contains your email address, then that Subscriber will be able to view your Business Card by clicking on your email address. Subscribers whose Personal Network does not contain your email address, as well as Non-Subscribers, may perform a search on the Site for your name or email address, and your Business Card will be displayed to those Subscribers or Non-Subscribers. Thus, while a Subscriber's Personal Network can only be viewed by other Subscribers and only with such Subscriber's permission, the Business Card information that you provide is more "public" in order to assist those who wish to network with you.
Sharing with Third Parties. Except where noted, the disclosures of information discussed in the preceding paragraphs of this "Disclosure of Personal Information" section are made only to Subscribers. In these cases, CoNeXus does not share the information so much as provide a forum whereby one Subscriber can access information provided by another Subscriber (or by a Non-Subscriber at a Subscriber's request). The following paragraphs discuss situations where we might share certain personal information contained on our servers with third parties.
We may sometimes use agents and contractors to perform certain services for us, such as processing credit card orders, sending postal mail and providing marketing assistance and data analysis. We may provide Subscribers' personal information, including credit card information, to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. Our agents and contractors are not permitted to use such personal information for any purpose other than to carry out the services they are performing for CoNeXus.
If you are a Subscriber, then without identifying you as the source of the information in any way, we may collect certain information from your Personal Network that we also collect across a group of Subscribers. For example, we may track certain trends related to your Personal Network, such as the frequency with which a particular email address appears in our Subscribers' Personal Networks, or an increase in the use of the NQ™ Service following the subscription of a particular Subscriber. In some cases this data will remain anonymous and not personally identify any individual. In other cases, we may link this data to personally identifiable information such as an email address. We may use this data for various internal purposes, such as improving the NQ Service or identifying and protecting against spammers. We may use this data for various marketing purposes such as in an email marketing campaign and/or showing a prospective customer who they are linked to based on an aggregate database assembled from all or a subset of our subscribers. In some cases we may rent, sell or share this data with third parties. In any event, we will not disclose to any third parties that you or your Personal Network is the source of any particular data.
In the event CoNeXus goes through a merger, acquisition, sale of all or substantially all of its assets or a similar transaction, and you are a Subscriber from whom we have collected personal information, your subscription to the NQ™ Service as well as the CoNeXus servers containing your information will, in most cases, be part of the assets transferred. In such event, Subscribers will be notified (e.g., by email and/or through a notice posted on the Site) that CoNeXus' custody of your information has, or will be, transferred subject to the terms of this Privacy Policy.
Finally, we reserve the right to disclose personal information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, Subscribers, Non-Subscribers or anyone else that could be harmed by such activities. This includes our right to exchange information with other organizations in order to protect against fraud and to reduce credit risk. We also reserve the right to disclose personal information when we believe in good faith that the law or proper ethics requires it.
6. SPAM POLICY
CoNeXus does not support the activities of spammers. Subscribers may not use the NQ™ Service to market goods or services. With some of our products, if your Personal Network contains an email address from a spammer, you may mark such email address as being spam, and such email address will no longer be displayed in your Personal Network. A record of such email address will remain in your Personal Network, and we may use this information to help us identify the email addresses of spammers. We may use a list of potential spammer email addresses that we generate in this manner in developing tools to filter out emails from such email addresses, and we may rent, sell or otherwise share such a list with third parties.
7. UPDATING, MODIFYING OR DELETING YOUR INFORMATION
Subscribers, and any Non-Subscribers who submit a Business Card, may update, change or delete the information in their Business Card at any time by following the instructions for doing so on the Site. Upon receiving a request to modify a Business Card, for your protection, we will send an email to the email address contained in such Business Card with a link that will allow the recipient to modify his or her Business Card. Subscribers may update or modify their account information at any time by following the instructions for doing so on the Site.
8. TERMINATION OF SUBSCRIPTION
For Subscribers, if your subscription expires or if you cancel your subscription, then the information in your Personal Network (but not your Business Card information) will be deleted immediately or during the next "data clean up". Versions of your Personal Network may remain on back-ups of our system that we make from time to time, but these back-ups cannot be readily accessed and will not be used by us or shared with third parties other than as may be required by law. The Personal Network data that has been added to a Global Network will not be deleted even when the Personal Network is deleted, however, the source information (i.e. the information that the data has come from your subscription) will be deleted.
9. AGGREGATE INFORMATION
From time to time, we may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they "click" on. We collect this information through the use of technologies such as "cookies" and "log files", which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may also group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.
Log Files. Like most Internet services, we use log files. The data held in log files includes your IP address, browser type, email application, Internet service provider, referring/exit web pages, computer platform type, date/time stamp, and user activity. CoNeXus uses server log data to analyze trends, administer the NQ™ Service, and improve service levels. An IP address is a number that is assigned to your computer's connection to the Internet and is required whenever you are surfing the web. When visitors request pages from the Site, our servers log the visitors' IP addresses. It is not our practice to link IP addresses to anything personally identifiable, which means that a visitor's session will be logged, but the visitor remains anonymous to us. However, we reserve the right to use IP addresses to identify a visitor when we feel it is necessary to enforce compliance with the Site's policies or to protect our service or customers, the Site, or others.
Cookies. Cookies are pieces of information that a website transfers to an individual's hard drive for record-keeping purposes. Cookies make web surfing easier for you by saving your preferences while you are at the Site. Information such as the total number of visitors and pages viewed is most easily tracked with cookies. You always have the option of disabling cookies using your browser preferences. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies. We never save credit card information in cookies.
It is possible that advertisements appearing on the Site may be delivered to users through advertising partners. Our advertising partners may set cookies. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. CoNeXus does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks. This privacy statement covers the use of cookies by CoNeXus and does not cover the use of cookies by any advertisers. The use of advertising cookies sent by third-party servers is standard in the Internet industry.
10. LINKS TO OTHER SITES
Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There may be links to other sites from the Site's pages that take you outside the Site. These other sites may send their own cookies to visitors, they may collect data, or solicit personal information. The privacy policies of these other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your personal information collected there.
All email addresses in our database are periodically used to check for associated content or membership on unaffiliated third party sites. When such content or membership is found an icon and/or link may be placed next to the associated email address to facilitate access to that site. We make no representations as to the accuracy, authenticity, appropriateness, or timeliness of these links.
11. SECURITY
Protecting the security of your personal information is very important to us. If you register with us, your online account information is protected by a password chosen by you. Access to that online account requires your password. We recommend that you do not disclose your password to any other person. When you transmit personal information from your PC to our servers, your information is protected by both a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard SSL (secure socket layer) encryption. Once we receive your transmission, we will take reasonable precautions to ensure its security on our systems. Unfortunately, no data transmission over the Internet (or data accessible over the Internet) can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information.
12. PRIVACY POLICY FOR CHILDREN
We do not knowingly collect information from children under the age of 13 through the Service. If you are under the age of 13, please do not provide any personal information to us. Indeed, as further set forth in our Terms of Use, the Site and the NQ™ Service are not intended for use by anyone who is not of the age of majority in the state in which he or she legally resides.
13. CHANGES TO THESE TERMS
The terms of this Privacy Policy may change from time to time without prior notice to you, so please check this page periodically for any changes. By checking the "Last Modified" date above, you can determine if this Privacy Policy has been updated since your last visit to the Site. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. However, if we are going to use your personally identifiable information in a manner different from that stated at the time of collection, we will notify you via email or by placing a prominent notice on the Site. You will retain the ability to cancel your subscription at any time.
14. GOVERNING LAW
This Privacy Policy and the privacy practices of the NQ™ Service will be subject exclusively to the laws of the State of New York within the United States of America. CoNeXus Software makes no representation that this Privacy Policy and such practices comply with the laws of any other country. Subscribers who use the NQ Service and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. INDEMNITY
You agree to indemnify and hold CoNeXus, its parent, subsidiaries, and affiliates, and each of its and their respective employees, officers, directors, shareholders, agents and promotional partners, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
16. ENTIRE
AGREEMENT
Unless there is a separate governing agreement executed by both parties in writing, this Privacy Policy, together with the NQ Wizard End User License Agreement (www.nq.com/Agreement.htm) and the CoNeXus Terms of Use ("The Agreements") contains the entire agreement between us and you relating to the Software and supersedes all prior agreements and understandings, whether oral or written. The Agreements are subject to the latest amendments as posted at http://www.nq.com/privacy.aspx.
17. QUESTIONS
Any questions that you may have regarding this Privacy Policy should be directed to us by email at NQSupport@NQ.com.
© 2006 CoNeXus Software, Inc. All rights reserved.