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THE CLEVERLEARN PRIVACY PROMISE AND SOFTWARE LICENSING NOTICE

Cleverlearn Privacy Notice and Information Practice. The Cleverlearn website (www.cleverlearn.com) is solely intended to introduce you to Cleverlearn and provide information about its products and services. You can explore the Site and learn about Cleverlearn and its products and services without providing Cleverlearn any information about yourself. Please be aware that when you download any of the Cleverlearn software or to use any of its services ("Cleverlearn Software and Services") we will ask you (the "User") for information that personally identifies you (the "User Information"), but such information is generally limited to name and email address. If you purchase any of the Cleverlearn products or services, however, you will be required to provide certain additional personal and billing information. Cleverlearn may use the information provided by Users to assist with technical support, alert you about software upgrades, news and administrative notices about Cleverlearn and for billing purposes.



A. User Information

Please recognize that it is the policy of Cleverlearn to protect the privacy of registered users of its products and services, and thus Cleverlearn will only allow third parties to have access to User information in the following situations:

(i) Cleverlearn will provide access to certain User Information to third party suppliers in order for them to perform certain functions for us -- for example, credit card numbers are sent to a credit card processing company for billing. These suppliers are not authorized to release this information to other third parties.

(ii) Cleverlearn will disclose User Information in cases where, in its discretion, it deems such disclosure required or appropriate in order to comply with applicable laws and regulations.

(iii) Cleverlearn may provide User Information (name, home address and email address, but never your credit/debit card information or other payment information) to third parties for purposes of providing you information about third party products, promotions and services that are likely to be of interest to Users. If you are a paying customer (as opposed to using a free version of any of the software offerings) at any time you decide you do not wish to receive such third party product information, you may opt out of future mailings by sending an email to Cleverlearn at info@cleverlearn.com, and Cleverlearn will honor such a request without question.

(iv) Cleverlearn will disclose User Information if the User gives permission, requests products that require identifying information for fulfillment, or we are required to do so by law or regulatory authority.

(v) Notwithstanding anything else contained in this Privacy Policy, Cleverlearn reserves the right to sell or otherwise transfer your User Information to one or more third parties in connection with a sale of Cleverlearn or all or substantially all of its assets.

B. Credit/Debit Card and other Payment Information

If you give us credit card, debit card or other payment information for any purpose, it will be used only to fulfill your order, and Cleverlearn will continue to charge your account for the length of the subscription term or until you cancel, in accordance with the Terms and Conditions.

C. User Information Security

Cleverlearn strictly protects the security of information provided by a User and limits the information we collect to what is needed to accurately provide the Cleverlearn Software and Services. User information may be stored and processed in the United States, Hong Kong, S.A.R., the Republic of the Philippines or any other country where Cleverlearn, its subsidiaries, affiliates or agents are located. Cleverlearn is concerned about protecting the information you provide us (including any credit card information) and therefore we work to protect this information by utilizing all appropriate technology to prevent unauthorized access to the information you provide. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online, including SSL security for credit card submissions.. Cleverlearn will be aggressive in terminating accounts of users who violate Cleverlearn’s Terms and Conditions of Use.

D. Protection of Children

Cleverlearn seeks to adhere to the requirements of any laws protecting children with respect to the downloading, purchase or use of software from the Internet. As such, minors may not download the Cleverlearn Software and Services without the permission of their parents or a legal guardian. Moreover, as it is a condition of downloading and using the Cleverlearn Software and Services that certain, limited information concerning the User be provided (primarily name and email address) parents or a guardian of a child should contact us by sending an e-mail to info@cleverlearn.com if they discover that a child has downloaded the Cleverlearn Software and Services so that the child's information can be deleted from our records. If Cleverlearn determines that information has been provided by any child, Cleverlearn will immediately delete the information from our records.

E. Cookies

From time-to-time we may use third-party advertising companies to serve ads when you visit our Web site or use the Cleverlearn Software and Services. Our third-party advertising company also separately places or recognizes a cookie file on your browser in the course of delivering advertisements. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other websites and use of the Cleverlearn Software and Services in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please contact Cleverlearn, and we will direct you to various sites that contain additional information about such practices.

F. Cleverlearn Employee Standards

Only those employees needed to carry out the business functions may have access to information on individual Cleverlearn Users. We employ security techniques to safeguard User information. Each employee has a personal responsibility for maintaining customer confidence in Cleverlearn. We train each employee on the Cleverlearn Privacy Policy, and those violating these principles will be subject to disciplinary action, including dismissal in appropriate cases.

G. Privacy Policy Revisions

Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Privacy Policy at any time without prior notice. Please periodically review our Privacy Policy for changes. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CLEVERLEARN WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH MODIFICATIONS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH MODIFICATIONS BY CONTINUING TO USE THE SOFTWARE AND SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH MODIFICATIONS HAS BEEN SENT TO YOU. If at any time you are uncomfortable with any change, amendment or modification to the Privacy Policy and wish to cancel your account or deinstall any Cleverlearn products or services, please notify us at info@cleverlearn.com. The technology business community is a rapidly changing environment and therefore Cleverlearn may sell or liquidate its assets or its business or may purchase the assets or business of other companies ("business transfers"). In such transactions, User information generally is one of the transferred business assets and therefore Cleverlearn Users should be aware that such business transfers may occur.

H. Notice Specific To Software Available On This Web Site

The Cleverlearn Software and Services are the copyrighted work of Cleverlearn Ltd. and otherwise protected by the intellectual property laws of the United States and various countries worldwide, and the use thereof is governed by the terms of the end user license agreement which accompanies these products and services ("License Agreement"). An end user will be unable to install any of the Cleverlearn products and services unless he or she first agrees to the License Agreement terms.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

WITHOUT LIMITING IN ANY MANNER THE TERMS OF ANY LICENSE AGREEMENT FOR THE SOFTWARE OR ANY LIMITATIONS SET FORTH THEREIN, CEVERLEARN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

The Cleverlearn Software and Services are made available for download solely for use by Users and in accordance with any accompanying License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

© Cleverlearn Ltd. 2005. All rights reserved.



 
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