Terms of Use
Privacy Policy
This Privacy Policy (the "Policy") sets forth NetDirector’s ("NetDirector") policies regarding the collection and use of information relating to the NetDirector Web site (the "Web Site") and the NetDirector HUB Exchange (the "Exchange"). The Exchange is only accessible by registered Members of the Exchange ("Members") and their authorized users ("Authorized Users"); the Web Site is generally accessible by all others who visit the Web Site ("Visitors"). With respect to Members and their Authorized Users, the applicable Product Agreement may specify certain additional rights and obligations regarding the collection of data.
Information collection and use
Visitors, Members and Authorized Users understand and agree that NetDirector may collect, maintain, and process information provided by such parties to NetDirector, and information collected by NetDirector concerning such Visitors, Members and Authorized Users, on and through the Web Site and the Exchange. Visitors, Members and Authorized Users represent and warrant that all information they provide to NetDirector is true, accurate, current, non-misleading, and consistent and relevant for the purpose for which such information is provided. Members and Authorized Users also represent and warrant that they have the authority to provide the information submitted to and through the Exchange.
Public Areas of the Web Site
Visitors may visit the public (non-Exchange) areas of the Web Site without disclosing any personally identifiable information about themselves. However, Visitors will have the opportunity to request information from NetDirector, in which case an e-mail or other address may be required in order to allow NetDirector to comply with the request, and for other purposes as may be disclosed at the time the request is made ("Special Purpose Collection"). NetDirector will not request more information than is reasonably necessary to provide requested information or services.
Exchange (Registration Information)
In order to participate in the Exchange, NetDirector requires Members and Authorized Users to register with the Exchange by, among other things, providing contact information including Password and User ID, name, title, department, business address, business telephone number, business e-mail address and other contact information ("Registration Information"). Such information will typically be provided to NetDirector by the Member's Administrator. Certain portions of the Registration Information concerning the Member (and not an individual Authorized User) will be used for evaluating qualifications for participation in the Exchange. Registration Information concerning individual Authorized Users may be made available to other Members, in the form of contact directories maintained on the Exchange, in order to facilitate the operation of the Exchange. NetDirector may also use Registration Information to communicate with Members and Authorized Users regarding available transactions, changes in Exchange functionality, features, billing, help desk and other activities relating to the operation of the Exchange. NetDirector may also use Registration Information to send Members and Authorized Users information about products or services available on or through the Exchange and offers made available by NetDirector's business partners, which may be sent by NetDirector or the NetDirector business partner making the offer. Instructions on how to request that NetDirector not send future communications (except for communications necessary for the operation of the Exchange) or that NetDirector not share Registration Information with Other Members or third parties, are set forth in Product Agreement.
Usage Data
NetDirector will record and collect information about how Visitors, Members and Authorized Users use the Web Site, and in the case of Members and Authorized Users, the Exchange. This data may include, a Visitor's, Member's or Authorized User's domain name, language, type of browser and operating system, Internet Service Provider, Internet protocol (IP) address, the Web site from which Visitors, Members or Authorized Users arrived at the Web Site or the Exchange, and the amount of time spent on the Web Site or using the Exchange (collectively, "Usage Data"). NetDirector may monitor and use Usage Data in aggregated form to measure the Web Site's performance and Exchange activity and improve the Web Site's or Exchange's design and functionality. NetDirector may also use Usage Data in unaggregated form to investigate and prosecute security violations or to identify a particular Authorized User who engaged in a particular transaction on behalf of a Member in the event there is a repudiation of such transaction by such Member.
Cookies
NetDirector may use "cookies" to make transactions and other activities through the Web Site and the Exchange more convenient and efficient for Visitors, Members and Authorized Users. For these purposes, NetDirector may use "session cookies," which consist of information stored in a browser's memory and passed back to the applicable server whenever a request for a new page on the Web Site or the Exchange is made. The session cookie is never saved nor written to disk, and the information contained in the session cookie is only valid for that one particular session. The session cookie is discarded when the browser is closed or, in the case of a Member or Authorized User, upon logging out of the Exchange. Most Web browsers automatically accept session cookies, and most may also be configured to provide notice of when a session cookie is about to be placed on the browser. No information is saved in such session cookies other than an identification number associated with the particular session.
Review/change contact information
Requests to review or change information previously provided on or through the Web Site or the Exchange may be made to NetDirector by sending an e-mail to info@netdirector.biz. Requests for changes to the Registration Information should be made by Authorized Users directly to their Administrators.
Linked Sites/Third Party Sites
Web sites ("Linked Sites") from the Web Site or the Exchange. Linked Sites are not reviewed, controlled or examined by NetDirector in any way and NetDirector is not responsible for the privacy policies and practices of any such Linked Sites, or any additional links contained therein. These links do not imply NetDirector's endorsement of or association with the Linked Sites. Visitors, Members and Authorized Users should refer to the policies posted by such Linked Sites regarding data collection, privacy and other topics before accessing them. NetDirector may refer to or list third parties on the Web Site or the Exchange who maintain separate web sites. Visitors, Members and Authorized Users should refer to the policies posted by such third parties on their web sites regarding data collection, privacy and other topics before accessing them.
Disclosure Pursuant to Law
NetDirector may make information concerning Visitors, Members, Authorized Users, the Web Site and the Exchange, and the uses thereof, available to law enforcement personnel and agencies as required by law. Where permitted by law, NetDirector may also disclose such information to law enforcement personnel and agencies, or use such information as part of legal process, in order to protect its property or in furtherance of an investigation regarding a breach of the Web Site or Exchange's rules and policies, or any unauthorized access to or use of the Web Site or the Exchange, or any illegal activities concerning a particular Visitor, Member or Authorized User.
Consent to Processing
By using or providing information to the Web Site and the Exchange, Members and Visitors understand and unambiguously consent to the collection, processing and use of such information in the United States and other countries and territories, for the purposes set forth in this Policy and, for Members and Authorized Users, as further set forth in their applicable Product Agreement. As required to comply with privacy laws applicable to Member and/or its Authorized Users, Member agrees that it has obtained, or prior to disclosure to NetDirector will obtain, consent from each of its Authorized Users to: (a) permit Member to transfer personally-identifiable information regarding the Authorized Users to NetDirector; (b) the terms of this Policy; and (c) permit NetDirector to collect, process and disclose such personally-identifiable information regarding the Authorized Users: (i) in order to provide the Services and perform its obligations as described in the any applicable Product Agreements entered into by Member, (ii) to operate the Exchange (including but not limited to disclosure to other Members of the Exchange in the normal course of such operation) or (iii) as otherwise permitted under this Policy, including but not limited to the transfer of such personally-identifiable information between NetDirector's affiliates for the foregoing objectives. For further certainty, any consent relating to a right to transfer information referred to in the foregoing shall be deemed to include the consent of Authorized Users to the transfer of the applicable personally identifiable information to a jurisdiction which may have a different level of privacy protection than that applicable in the Authorized User's country.
Services Providers
NetDirector may utilize third parties to provide or perform certain services and functions on the Web Site and the Exchange. For example, NetDirector may use a Web site tracking evaluation firm to analyze Visitors', Members' and Authorized Users' use of the Web Site and the Exchange, as applicable. NetDirector may use third party suppliers to directly provide certain functionality provided on the Exchange (through a browser re-direction to systems operated by such third party suppliers). NetDirector may also outsource certain fulfillment or communication functions, such as transaction clearing, shipping, and electronic correspondence, to third parties. NetDirector will make information concerning Visitors, Members and Authorized Users and their use of the Web Site and Exchange available to these service providers, as necessary, to perform these functions. Any access to such information will be limited to the purpose for which such information was provided to the service provider. The service providers may be located throughout the world. Accordingly, information relating to Visitors, Members and Authorized Users may be sent worldwide to countries which have a different level of privacy protection than the US or a Visitor's, Member's or Authorized User's country of residence.
Transfer of Information
In the event of a sale, merger, liquidation, dissolution, or sale or transfer of the substantial assets of NetDirector, information collected about Visitors, Members and Authorized Users may be sold, assigned, or transferred to a party acquiring all or substantially all of the equity and/or assets of NetDirector in order to permit such party to continue the operation of the Web Site or the Exchange. NetDirector may also transfer information collected about Visitors, Members and Authorized Users to its affiliates, that are directly involved in the operation of the Exchange.
Security
NetDirector takes seriously the security of the information it collects. NetDirector has therefore implemented technology and security policies and procedures intended to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to, such information, reasonably appropriate to the level of the data concerned.
Updates to Privacy Policy
NetDirector may, in its sole discretion, update this Policy at any time and from time to time, by posting the amended Policy on the Web Site and the Exchange. Such amended Policy shall be effective upon posting. Visitors, Members and Authorized Users are therefore encouraged to refer back to this page regularly. This Policy may not be otherwise amended without the written consent of NetDirector.
