Mindjet Privacy Policy

Last modified: April 2012

At Mindjet, we recognize that privacy is important. This Privacy Policy applies to all of the products, services and websites offered by Mindjet LLC on www.mindjet.com and www.mapsforthat.com. In addition, where more detailed information is needed to explain our privacy practices, we post supplementary privacy notices to describe how particular products or services process personal information. These notices can be found in the available resources section of the applicable service or product.

Mindjet complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union member countries and Switzerland. Mindjet has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. Information regarding the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework can be found at: http://export.gov/safeharbor.

Mindjet has been awarded TRUSTe's Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions.

If you have questions or concerns regarding this Privacy Policy, you should first contact Mindjet’s Privacy Officers by emailing privacy@mindjet.com or write to Mindjet at:

In all locations other than the European Union:

Privacy Matters
Mindjet LLC
1160 Battery Street East, 4^th Floor
San Francisco, CA 94111
United States of America

In the European Union and Switzerland:

Privacy Matters
Mindjet GmbH
Siemensstraße 30
63755 Alzenau
Germany

If you do not receive acknowledgement of your inquiry, or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe here. The TRUSTe program covers only information that is collected through Mindjet’s website, and does not cover information that is collected through Mindjet’s website, and does not cover information that may be collected through software downloaded from the website.

This website is not directed at anyone under the age of 18.

Information We Collect and How We Use It

In order to provide our products or services, we may collect the following types of information:

• Information You Provide. When you establish a Mindjet ID or establish a Mindjet Connect account, we ask you for personal information. The information we collect varies based on what you are signing up for. In some cases, we may just collect your name and email address and require that you establish a password. In other cases, we may request additional information, including, but not limited to, your telephone number, information about your business and your country of residence. The amount and type of information we collect will vary from time to time based on our business needs, but it is our goal to collect only the information that we need. We collect this information for a variety of reasons, including Mindjet's effort to inform you of upgrades, changes in service, special offers, newsletters and other products and services in which you may be interested.
• Credit Card Information. We will ask you to provide your credit card and billing information when you purchase our products on our website or order them over the phone through our corporate sales department. Where Mindjet utilizes third party payment processors, your credit card information will be disclosed to such third parties in order to verify card validity and process your transaction. We will securely store credit card information where necessary to process automatic renewals of subscription products that you purchase. Mindjet will notify you by email prior to expiration of your current subscription. Your subscription will be automatically renewed annually and you will be charged or invoiced unless you notify us at least 30 days prior to the renewal date that you do not wish to renew. Payment must be made on time to avoid a lapse in service.
• Affiliates. Our products are sold directly by us as well as through our affiliates. Personal information that you provide to our affiliates will be sent to Mindjet in order to fulfill purchases of our products. We process such information under this Privacy Policy. Our affiliates may have different privacy practices and we encourage you to read their privacy policies before providing your personal information to them. If you request information regarding our products (for example, by downloading a trial), Mindjet may provide your information to a channel partner who may subsequently contact you directly regarding such products. In these limited instances, you will not have the opportunity to opt-out of having your information shared with these partners, as the transfer of data is necessary to provide the products you requested.
• Third Party Online Retailers. Mindjet products may be purchased through an authorized third party online retailer, whose web sites and services are accessible through Mindjet web sites. You may be required to provide personal information (including credit card information) directly to these third party retailers in connection with the sale of Mindjet products and services on the third party retailer’s site. Your interactions with these retailers are governed by the privacy policy of the retailer. We encourage you to review these privacy policies before providing personal information to them.
• Marketing. We may disclose anonymous information to advertisers, business partners, sponsors or other third parties. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you. The anonymous information may be used to gauge the usefulness and popularity of our web pages, or certain links to or from our website. During those times when we participate in promotions and contests in conjunction with other companies, with the intent to share personal information, we will indicate this in our contest rules.
• Contacting You. Mindjet may contact you to provide you with information concerning your account, your transactions with Mindjet, your use of our services, including any software updates, without your specific consent. Please be aware that by accepting any of our trial offers, you agree to receive related follow-up communications via email, telephone or other means. Unless you instruct us otherwise, Mindjet may also contact you with commercial information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. You may be able to otherwise indicate your desire to obtain information about a particular offering by other means (such as an email request). Additionally, with each commercial communication you receive from Mindjet, you will be given the opportunity to indicate that you wish to unsubscribe from receiving such future communications.
• Mindjet User Community. When you establish a Mindjet ID, you may participate in Mindjet community activities, such as user forums and blogs. Any information that is disclosed in these becomes public information and could be used by anyone to send you unsolicited messages, so you should exercise caution when deciding to disclose your personal information. Mindjet is not responsible for any personally identifiable information you choose to submit in Mindjet community activities. To request removal of your personal information from our blog or community forum, contact us at privacy@mindjet.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Mindjet may, from time to time, send email (in accordance with applicable laws) regarding our products to users who have posted to our forums. Each participant's opinion expressed in a newsgroup is his or her own and should not be considered as reflecting the opinion of Mindjet.
• Customer Stories and Reviews. Mindjet posts customer stories and reviews on the website which may contain personally identifiable information, such as accrediting a testimonial with the customer’s name. Mindjet obtains each customer’s consent via email prior to posting the story or testimonial or using a customer’s name.
• Cookies. When you visit Mindjet.com or MapsForThat.com, we send one or more cookies – a small file containing a string of characters – to your computer or other device that uniquely identifies your browser. We use cookies to improve the quality of our website, including for storing user preferences and tracking user trends. We may set one or more cookies in your browser when you visit our website. You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. The information we collect and analyze is used to improve our service to you and personalize your web-browsing experience. Mindjet uses the services of a third party vendor to help us measure the effectiveness of our advertising and how visitors use Mindjet.com and MapsForThat.com. To do this, we may use web beacons and cookies provided by this vendor on this site. The type of information we collect includes the pages visited, navigation patterns, and similar information. This information helps us learn things such as what product information is of most interest to our customers and what kinds of offers our customers like to see. Although the vendor logs the information coming from our site on our behalf, Mindjet controls how that data may and may not be used. While the cookie itself does not contain any personally identifiable information, if you provide personally identifiable information (such as your Mindjet ID) while visiting Mindjet.com or MapsForThat.com and do not clear the cookie from your browser after providing such information, Mindjet collects the non-personally identifiable information stored within the cookie (such as number of visits to Mindjet.com or MapsForThat.com) and attributes it to you within our existing database of personally identifiable information for use in marketing and sales activities.
• Tell-A-Friend. Mindjet may elect to implement a referral service on the website to allow you to tell a friend about Mindjet.com or MapsForThat.com. We will ask you to provide your friend’s name and email address and send your friend a one-time email inviting him or her to visit the website. Mindjet will store this information for the sole purpose of sending this one-time email and may use this information to track the success of the referral program. Your friend may, at any time, contact Mindjet at privacy@mindjet.com and request that his or her information is deleted from our database.
• Flash LSOs. Mindjet posts tutorials and promotional Flash videos on its website which use local shared objects, also known as Flash cookies, to enable polling functionality of movie viewers which Mindjet may elect to use from time to time. These Flash cookies collect and store information. Flash cookies are different from browser cookies because of the amount of data, type of data, and how such data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.
• Targeted Ads. Our ad network partner uses cookies and Web beacons to collect non-personally identifiable information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads on other sites.
• Log Information. When you visit Mindjet.com or MapsForThat.com, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
• User Communications. When you send email or other communications to Mindjet, we may retain those communications in order to process your inquiries, respond to your requests and improve our website, products and services. For example, if you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your personal information, unless we are authorized by you to do so. We will collect information contained in such feedback and will treat any personal information contained in it in accordance with this Privacy Policy.
• Other Sites. This Privacy Policy applies to Mindjet only. We do not exercise control over the sites displayed as search results, sites that include Mindjet applications, products or services, or links from within our various services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

In addition to those portals listed above from where Mindjet collects your information, Mindjet may also use third party marketing and sales services and manual updates by its employees to supplement existing information and store the aggregated information on servers hosted by Mindjet or its third party service providers. Mindjet only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:

• Providing our services, including the display of customized content;
• Auditing, research and analysis in order to maintain, protect and improve our services;
• Ensuring the technical functioning of our network;
• Protecting the rights or property of Mindjet or our users; and
• Developing new services.

You can find more information about how we process personal information by referring to the supplementary privacy notices for particular services.

Mindjet processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services.

Choices for Personal Information

When you sign up for a particular product or service that requires registration, we ask you to provide personal information.

If we propose to use personal information for any purposes other than those described in this Privacy Policy and/or in the product- or service-specific service privacy notices, we will offer you an effective way to opt-out of the use of personal information for those other purposes.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Mindjet features and services may not function properly if your cookies are disabled.

We do not require that you provide Mindjet with personal information. The decision to provide personal information is voluntary. If you do not wish to provide the personal information requested, however, you may not be able to proceed with the activity or receive the benefit for which the personal information is being requested. To exercise any opt-out rights under applicable laws, please notify Mindjet of your desire to do so at privacy@mindjet.com or one of the following addresses:

In all locations other than the European Union:

Privacy Matters
Mindjet LLC
1160 Battery Street East, 4^th Floor
San Francisco, CA 94111
United States of America

In the European Union and Switzerland:

Privacy Matters
Mindjet GmbH
Siemensstraße 30
63755 Alzenau
Germany

It may take a reasonable period of time to process your request.

Information Sharing

Mindjet only shares personal information with other companies or individuals outside of Mindjet in the following limited circumstances:

• We have your consent.
• We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf, following up on leads or fulfilling sales. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
• We use other third parties service providers for network, security, email and hosting services, a credit card processing company to bill you for goods and services, and marketing vendors to facilitate email broadcasts. We use Live Chat to assist you if you have questions while using our site or regarding your order. When you sign up for Mindjet Software Assurance and Support, other subscription services, or to receive promotional material, we will share your name, contact information, and products and services purchased, Mindjet will disclose such information as necessary for the third party to provide that service.
• We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Mindjet, its users or the public as required or permitted by law.

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data. When you enter sensitive information (such as a credit card number to purchase Mindjet products and services), Mindjet encrypts such information using secure socket layer technology (SSL). No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

We restrict access to personal information to Mindjet employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Data Integrity

Mindjet processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Policy. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at privacy@mindjet.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Accessing and Updating Personal Information

When you use Mindjet products and services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. If your personally identifiable information changes, you may correct, update, or delete inaccuracies by logging into your Mindjet account and making the change on the applicable information page or by emailing Mindjet’s Customer Support department at www.mindjet.com/contactus. Mindjet will respond to your request within 30 days. Some of our services have different procedures to access, correct or delete users’ personal information. We provide the details for these procedures in the specific privacy notices or FAQs for these services.

Opt-Out

At the time Mindjet asks for your personally identifiable information, Mindjet provides you the opportunity to "opt-out" of having this information used for certain purposes. Furthermore, if you purchase a product or service, but do not wish to receive any marketing material, including newsletters and promotional communications, from Mindjet, you may opt-out at any time by following the unsubscribe link provided at the bottom of each email communication or by writing to us at privacy@mindjet.com.

Social Media Features and Widgets

Web sites offered by Mindjet may include social media features, such as the Facebook Like button and widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address and, the page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our web sites. Your interactions with these features are governed by the privacy policy of the company providing it.

Enforcement

Please feel free to direct any questions or concerns regarding this Privacy Policy or Mindjet’s treatment of personal information by writing to us at privacy@mindjet.com or one of the addresses listed above.

When we receive formal written complaints at this address, it is Mindjet’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Mindjet and an individual.

Subsequent Owner of Mindjet

In the event that Mindjet goes through a business change, such as a merger, acquisition or sale, your personally identifiable information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of Mindjet or its assets may continue to use your personal information in the ways described in this Privacy Policy. You hereby consent to Mindjet sharing your personal information under the above circumstances. You will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Changes to this Privacy Policy

The terms of this Privacy Policy will govern the use of any information collected by Mindjet. Mindjet reserves the right to change this Privacy Policy at any time. This Privacy Policy may change as new features are added to our website or to any of our products and services. If we decide to change our Privacy Policy, we will post these changes to our Privacy Policy on our website. The most recent version of our Privacy Policy is always available from the bottom of most pages on the site. If Mindjet makes a material change to this policy, we will notify you here (inside the Privacy Policy), by email, or by means of a prominent notice on Mindjet.com and MapsForThat.com’s homepage prior to the changes taking effect.