InstallPath Install Manager Privacy Policy

Introduction

Last modified on January1, 2014.

This Privacy Policy is designed to help You decide whether to use InstallPath install manager and in what manner. This Policy is incorporated into, subject to and a part of InstallPath’s Install Manager Terms of Service.

During your use of the InstallPath Install Manager delivery and installation platform ("InstallPath") for the purpose of installing the Software, Updates, or digital content, InstallPath Install Manager gathers information from your computer. InstallPath Ltd understands that You wish to keep your information private, and that You value our emphasis on keeping your information safe and discrete. As a result we have posted the following privacy policy (the "Privacy Policy") to inform You of the ways in which we gather and use information relating to You and your use of InstallPath install manager.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT AND SHOULD NOT USE InstallPath install manager. The definitions in the Terms of Service apply to this Policy unless stated otherwise.

You may uninstall the InstallPath Install Manager or any other software related thereto at any time by following the instructions provided in www.installPath.com. Note that after you uninstall the InstallPath Install Manager, certain related files may remain on your system. These remnant files are a record of your previous download of the Software. These files help us to prevent fraud and to better service you if you choose to download the InstallPath Install Manager again.

Scope of This Privacy Policy

Please note that this Policy governs your use of InstallPath Install Manager alone and does not apply to third party services, as well as to third party services incorporated into InstallPath Install Manager. Such third party services may be linked to or advertise third party sites, services or products, including without limitation online stores, rewards programs, trial offers, newsletters, contests or sweepstakes. We do not assume any responsibility for third parties' privacy practices, actions or omissions and once you link or click on an advertisement or third party site or service; You should review the applicable privacy policy of the third party service or site. This Policy does not relate to any use, storing or gathering of information by the Software, The Approved Offers and/or the advertisements that may be presented to You during and after the installation process.

For information regarding the manner in which the Software uses your personal information, please refer to their respective privacy policies as they are not provided by InstallPath Install Manager.

Technical Information

Upon authorizing the installation process, InstallPath Install Manager retrieves technical information from your computer such as (without limitation) registry keys, file existence, the type and version of your computer's operating system, IE browser version and installed hardware, Java resource availability, .NET resources availability and your C-Class IP address (the "Technical Information").

This Technical Information is used by our servers to provide, maintain and improve the InstallPath Install Manager operation and services, such as (without limitation) by verifying that the Software and Additional Software are compatible with your computer ; by determining which Additional Software and of what version should be offered to You and installed on your computer; by correlating errors with certain Technical Information for debugging purposes; by installing Updates and Modules on your computer; and by creating and managing statistics to guide future improvements and developments.

In addition, the Technical Information is used for Fraud Detection.

Personal Information

We may collect personal information, such as country/region (the "Personal Information").

This Personal Information is used by our servers in order to improve InstallPath Install Manager operation and services,to install Updates and Modules on your computer and to present You with Offers which are better suited for You.

The Personal Information is stored on our servers.

Installation Information

In addition we may gather information regarding the installation process, including with regard to the Offers presented to You via InstallPath Install Manager, The Approved Offers installed on your computer Updates and Technical Information regarding the installation process, such as, without limitation, success/failure, duration, malfunctions, errors, etc. (the "Installation Information").

The Installation Information is used to provide, maintain and improve InstallPath’s install manager operation and services.

The Installation Information is shared, in an aggregated form and without any personally identifiable information, with our affiliates for billing and statistical reporting purposes with respect of InstallPath Install Manager performance in installing their software (i.e. Software and/or Approved Offers).

Cookies

We may use browser cookies, web and DOM storage data, Adobe Flash cookies, pixels, beacons, and other tracking and data collection technologies, which may include an anonymous unique identifier. These technologies may be used to collect and store information about your use of the InstallPath Install Manager pr Software, including without limitation, web pages, features and content you have accessed, search queries You have run, referral URL information, links you have clicked on, and advertisements You have seen. This data is used for business purposes such as providing more relevant ads and content, and market research. We may also use these technologies and other similar tools to relate Your use of the InstallPath Install Manager or Software to personal information obtained from You or a reputable third party. For example, cookie, click stream or other data about your activities using the InstallPath Install Manager or Software may allow us to limit the offers and content provided to You through the InstallPath Install Manager to items we think you will find interesting and relevant to You, based on your prior online activities and preferences.

Sharing Information with Third Parties

When You access or use the InstallPath Install Manager or Software, certain non-personally identifiable information is collected, stored and used for business and marketing purposes, such as maintaining and improving the InstallPath Install Manager, conducting research, and displaying more relevant advertisements. This non-personally identifiable information includes, without limitation: IP address, unique identifier number, operating system, browser information, URLs visited, pages viewed, search queries entered, and other software and hardware information. This collected data may also be supplemented with information obtained from third parties or submitted by You. We may share non-personally identifiable information with third parties, when this is required in order to provide, maintain or improve the InstallPath Install Manager operation and services. By using the InstallPath Install Manager or Software You fully understand and unambiguously consent to the collection and processing of their non-personally identifiable information.

We may share your Personal Information with our parent, subsidiary or affiliate companies without restriction. We may NOT share personally identifiable information with any other third party, except in an aggregated and/or statistical form.

We may share your Personal Information and other information in special cases if we have a good reason to belief that it is necessary to: (1) comply with law, regulation, subpoena or court order; (2) detect, prevent or otherwise address fraud, security, violation of our policies or technical issues; (3) enforce the provisions of this Privacy Policy and/or any other agreements between You and InstallPath Ltd, including investigation of potential violations thereof; or (4) protect against harm to the rights, property or safety of InstallPath Ltd, InstallPath Install Manager, its partners, its affiliates, users and/or the public.

General usage patterns

We may gather information related generally to users' use of the Software. This information, which will only be collected and maintained in aggregate, anonymous form, will be used, among other things, to: Provide a better understanding of how users use the Software and the various features thereof, help to create and provide new services and offerings to users, and conduct and publish aggregate, anonymous, market research results.

Delivery of relevant advertisements

We may use the information you provide to us, and information we collect about your use of the InstallPath Install Manager or Software through tracking and other technologies, to assist us in delivering you relevant ads and content when you use the InstallPath Install Manager or Software. We may work with third party advertising networks and advertisers who help deliver these ads to you. We may share non-personally identifiable or aggregated information with third parties to improve the relevancy of the ads and content you see using the InstallPath Install Manager or Software. These third party advertising networks and advertisers may also use cookies and other technologies to collect and track non-personally identifiable information such as demographic information, aggregated information, and Internet activity to assist them in delivering advertising that is more relevant to your interests. They may also utilize supplemental data from other sources and analytics methods to help deliver more relevant ads.

E-mail Offers

By providing your e-mail address, and choosing to receive our Offers, You agree to receive e-mails from us. Should You have any questions or concerns, or if You would like to discontinue receiving Offers, simply email us at contact@InstallPath.com and ask us to remove You from our lists. You will only receive Offers via e-mail from us and our Partners if you have indicated that you would like to receive them. If you no longer wish to be contacted by our Partners you must contact that Partner directly to opt-out.

No Obligation to Store Information

Nothing in this Policy is interpreted as an obligation to store information, and we may, at our own discretion, delete or avoid from recording and storing any and all information.

Children Protection

Regardless of the aforementioned, we do not knowingly collect or store information regarding children under the age of 18. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us through our support page currently available at contact@InstallPath.com.

Review and Deletion

We value your privacy and control over your personal information, and therefore You may, at any time, notify us that You wish to either review your personal information or delete it. You can notify us by sending an email to us at contact@InstallPath.com. In order to delete or allow You to review your personal information, we may require that You provide us with identifying information or install additional software to allow such review.

Should You feel that your privacy was invaded or your personal information reached third parties without your authorization, You should contact us immediately in order to allow our legal department to commence an investigation. In such case, You may be required to provide us with additional information in order to allow such inquiry.

Data Security

We place great emphasis on the security and integrity of your information and the data stored in our systems.

InstallPath Install Manager is provided under the best commercially reasonable data security practices, in order to prevent unauthorized access, disclosure, alteration or deletion of any and all information stored in our systems.

You acknowledge, however, that no such effort can completely guarantee the security of the stored data, that breaches of security are still a possibility both regarding our systems and that a data security breach resulting in unauthorized access to your information can occur in third party system (for example, ISP's and hosting services providers).

As a result, we do NOT warrant or ensure the integrity and security of the data stored in our systems, including without limitation your information.

We shall notify any user whose information is suspected of being accessed, disclosed, altered or deleted by an unauthorized person, so that he can take appropriate measure to minimize the adverse effect of such a data security breach (the “Breach Notification”). Such Breach Notification will be given in a reasonable time after we learn of said breach, unless we deem, at our sole discretion, that such Breach Notification might hinder and prevent ongoing efforts to detect the source of the breach.

For the avoidance of doubt, a Breach Notification does NOT constitute an admission by us that the breach occurred as a result of malpractice, failure, bad faith or negligence on our behalf or that the breach even occurred in our systems.

RISK OF USE

YOUR USE OF THE INSTALLPATH INSTALL MANAGER OR SOFTWARE IS AT YOUR OWN RISK. OUR SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE INSTALLPATH INSTALL MANAGER OR SOFTWARE) IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (1) THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (2) THE SERVER THAT MAKES THE SERVICES AVAILABLE, INCLUDING THAT IT IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE INSTALLPATH INSTALL MANAGER.

Indemnification

You agree to indemnify, defend, and hold us and all of our agents, directors, employees, information providers, licensors and licensees, officers, and subsidiaries (collectively, “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by you in connection with any claim arising out of any breach by you of this Privacy Policy. You will cooperate as fully as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

Change of Ownership

In the event of a change of ownership or control of all or part of InstallPath Ltd or InstallPath Install Manager, including without limitation through acquisition, merger, exclusive license or sale, we reserve the right to sell all or part of the personal information we store in our systems.

You acknowledge that in the event of bankruptcy, insolvency or receivership, we may have no control over the use and transfer of your personal information.

Changes to this Privacy Policy

This Policy may be modified from time to time at our sole discretion and each such modification will be effective upon notice to you, including posting on our web site. Your continued use of the InstallPath Install Manager following any such modification constitutes your acceptance of the Privacy Policy as so modified. It is therefore important that you review this Privacy Policy regularly. The last revision will be reflected in the "Last modified by" heading above.

All questions and issues regarding this privacy policy or the data that is being collected and stored should be delivered to InstallPath's designated privacy agent at the following address:
InstallPath Ltd.
Avgad Tower 5 Jabotinsky St
Ramat-Gan, 52520, Israel
Phone: +972-73-7687889
Email: contact @ InstallPath.com

Enforcement, Choice of Law, Choice of Forum

Every provision of this Private Policy will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Private Policy so construed is held invalid, illegal or otherwise unenforceable, such provision will be deemed severed from this Private Policy, and all other provisions will remain in full force and effect. This Private Policy will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of Israel without respect to its choice of law provisions. Any action between the parties will be conducted exclusively in competent courts of Tel Aviv, Israel. You irrevocably and exclusively submit to the Tel Aviv, Israeli court any dispute related to this Private Policy or the InstallPath Install Manager.

You hereby waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.