PRIVACY POLICY FOR MINDJET, LLC

Effective Date and last updated: October 2007.

Mindjet, LLC ("Mindjet", "we", or "us") is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build users’ trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the web site www.mindjet.com (the "Web Site"). Because Mindjet wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this privacy policy (the "Privacy Policy"), you should first contact Mindjet’s Privacy Officer by emailing privacy@mindjet.com. If you do not receive acknowledgement of your inquiry, or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at the following web site address: http://www.truste.org/consumers/watchdog_complaint.php TRUSTe will then serve as liaison with Mindjet to resolve your concerns.

The TRUSTe program covers only information that is collected through the Web Site, and does not cover information that may be collected through software downloaded from the Web Site.

The Privacy Policy governs information that is collected through the Web Site, through the use of the Mindjet software ("Software"), and other services offered on or through the Web Site (collectively, the "Services").

Please read the Privacy Policy carefully. It will serve to explain what Personal Information we will gather from you, and when and how this information is used.

"Personal Information" is information about a person that is personally identifiable to such person like the person’s name, address, e-mail address, or phone number, as well as other non-public information that is associated with the foregoing.

"Anonymous Information" means information that is not associated with or linked to Personal Information; Anonymous Information does not permit the identification of individual persons.

The Web Site is not directed at anyone under the age of 18. Please check back periodically for changes in our Privacy Policy.

Privacy Policy

Your Privacy.

We understand that your privacy is very important to you. At Mindjet we believe that our online visitors have a right to know our practices regarding the information we may collect when you access or use our Service. Other web sites that are linked to/from the Mindjet Web Site and entities that may be co-branded with Mindjet may have different policies which apply to their collection and management of information; therefore, please review the privacy policy notices on those web sites and of those entities carefully for details.
Acceptance of Privacy Policy.

BY INSTALLING SOFTWARE OR OTHERWISE USING THE SERVICES, OR ANY OF THE UPDATES THEREOF, AND BY PROVIDING INFORMATION THROUGH OR AT THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, DO NOT INSTALL OR USE THE SERVICES OR PROVIDE ANY INFORMATION THROUGH OR AT THE WEB SITE.
Notice to California Residents – Your California Privacy Rights (As Provided by California Civil Code section 1798.83). A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@mindjet.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
The Information that We Collect.

From time to time, we may ask for certain Personal Information from you so that you may participate in activities or enjoy the Services. Generally, we collect information in the following ways: information we receive from entries to Mindjet contests; information we receive through our Services and when you register for our Services or when you register the Software; information about your transactions with us; and information provided to us, with your permission, through third parties, such as our resellers.

More specifically, when you complete a contact form, sign up to receive a newsletter, or register a product with us, we will collect your name, your company’s name, your primary job function, department, your email and physical addresses, your phone and fax numbers. When you sign up as a partner, we collect information about the type of partner your company may be, as well as your company’s name, your name, your primary job function, email and physical addresses, phone and fax numbers, the url, the number of employees and sales people, annual revenue, markets, years in business, and your customers. When you sign up as a partner for a download, we collect your name, your company’s name, its size, your primary job function, your email and physical addresses, your phone number, and the number of people for whom you are evaluating the software and if you sign up for a trial download, we collect the foregoing information as well as your job title and your industry. When you sign up for our "Accelerator" download, we collect your name, your company’s name, your email and physical addresses, your primary job function and how you heard about the Accelerator. When you sign up to participate as a part of an "early look" release of a product, we will collect your name, your company’s name, your email and physical addresses, your organizational site, the type of software and computer platforms utilized on your systems. If you sign up for a service center account, we collect your name, your primary job function, your company’s name, the industry in which it operates, the company’s size, the address, phone and fax numbers, and details about whether or not you have purchased products from Mindjet before. When you contact us for support, we collect your name, your company’s name, your department, your primary job function, your physical and email address, your phone and fax numbers, the version of the product that you are using, the build number and user type, as well as information about your system (i.e., MS Office version, operating system type, html browser type, and your printer model).

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.

Credit Card Information. Mindjet may ask you to provide your credit card and billing information before providing you with Software, goods, products, memberships or Services requiring payment. Once we have collected this information, we must verify that the credit card you have provided to us is valid. All of this information is used for credit purposes and is shared with third parties only as necessary for the processing of payments. While all credit card information is handled over secure, encrypted connections provided that it is submitted by a user through the normal registration or order process, Mindjet does not guarantee that unauthorized access will never occur.
Why We Collect this Information.

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. When you submit Personal Information to Mindjet, you understand and agree that Mindjet may access, store, and use your customer profile in any of the countries that Mindjet has offices. Mindjet will store credit card information to fulfill sales transactions and will disclose credit card information to third parties performing payment processing on its behalf. Also, where Mindjet utilizes third party payment processors, your credit card information may be disclosed directly to such third parties in order to conclude a purchase transaction and in such case, your disclosure of such information will be governed by the policy of such third parties as disclosed on the purchase or other pages of the Web Site.
Our Use and Disclosure of Your Information; Applicable Privacy Policies.

Mindjet will use your Personal Information only for that specific purpose for which you submitted such Personal Information. We DO NOT sell or rent any Personal Information about you to any third party without your permission. Unless otherwise indicated, Personal Information provided by you to Mindjet is for the internal use of Mindjet only and for the purposes described in the Privacy Policy. We may disclose your Personal Information we collect, as described above, to companies that perform services on our behalf to fulfill order requirements, payment processing, or administrative requirements. Additionally, when you purchase our products, as a part of the purchase transaction, you may be asked to disclose your information directly to a third party to fulfill your order or to facilitate the processing of your purchase transaction. In such cases, the respective privacy policy of the company concerned shall apply to the use and disclosure of your Personal Information. You can view Digital River’s privacy policy by clicking here and you can view NetSuite’s privacy policy by clicking here. In the event that you desire to update or change your personal information, or have questions about either company’s privacy policy, you will need to contact such company directly and should find their contact information on their respective web sites or within the privacy policy of the company concerned.

Notice of Sharing. Mindjet may share your Personal Information or other information as follows: (a) with Mindjet’s Affiliates (an "Affiliate" within the meaning of the Privacy Policy is (i) the Mindjet Corporation; (ii) any company of which more than 50% of its outstanding shares are owned by Mindjet Corporation, directly or indirectly; (iii) any company with the name "Mindjet" as a part of its tradename) which may desire to contact you about products, services, or other offerings that may be of interest to you); (b) with third parties with your consent; (c) with co-branded partners; (d) if we believe in good faith that it is required by law, legal process or court order; (e) as may be required to respond to an inquiry, request or complaint that you have made; (f) to persons or companies that Mindjet engages to carry out or provide support for the operations of its business (which may include customer support services); or (g) if we believe in good faith that it is necessary to protect the personal safety, property, or interests of you, our users, the public, our licensors, the Services and ourselves. You may need to communicate with the entities described in this section directly if you wish to amend, change or revoke any data you supply.

Advertising, Marketing, and Promotions. 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 the Web Site. 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, on the registration page. Please refer to our promotion/contest rules for updates.

Consent to Processing of Data. By providing any information to the Services, all users and recipients of the Services and e-mail communications available as a part of the Services, including without limitation users in the member states of the European Union (if such users are permitted to use the Services), fully understand and unambiguously consent to the collection and processing of such information in the United States of America and/or in territories outside of the United States of America.

Contacting You Concerning Transactional Matters. 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 software offers, you also agree to receive several follow-up emails.

Contacting You Concerning Commercial Matters. 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.

Information Provided to Customer Service. Mindjet or its third party designee may offer support and technical assistance via telephone or e-mail. Whenever you communicate with customer service, you do so with the following understanding: (i) that a customer service representative may view and make changes to your Personal Information in order to provide the assistance that you need; and (ii) that a customer service representative may reply to you via email, phone, or text message.

Polls/Surveys. Mindjet may from time to time request that you participate in a poll or a survey. The information that you provide to Mindjet if you participate in such polls or surveys is provided voluntarily by you, and may include Personal Information or information that is otherwise tied to you Personal Information. If you participate in polls or surveys, you do so with the understanding that Mindjet reserves the right to store the information you provide and to use such information for the general improvement of our Services.

Sharing Anonymous and/or Aggregated Information. Mindjet may share aggregate information and/or Anonymous Information about our visitors with advertisers, business partners, sponsors, and other third parties.

Necessary Disclosures. We may disclose information we have collected from and about you (including Personal Information) if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us, the visitors and users of our Services, or third parties.
Use of Cookies, GIF Files, and other Technology.

Cookies. Cookies are pieces of information that some web sites transfer to the computer that is browsing that web site ("Cookies"), and are used for record-keeping purposes at many web sites. The use of Cookies makes web surfing easier by performing certain functions such as saving your passwords, background information, and your personal preferences regarding your use of the particular web site. Many consider the use of Cookies to be an industry standard. Your browser is probably set to accept Cookies; however, it may be set to block acceptance of cookies, erase Cookies from your computer hard drive, or receive a warning before a Cookie is stored. If you would prefer not to receive Cookies, you can alter the configuration of your browser to refuse, erase, or to warn you of the use of Cookies. If you choose to have your browser refuse Cookies, it is possible that some areas of web sites that use Cookies will not function properly when you view them and your online experience will be limited.

Mindjet uses Cookies to administer the Web Site and not to track surfing habits. We collect personal identifying information (the "Information") under the following situations: (1) to the extent that you provide Information to us in an e-mail message or in your profile; (2) to the extent that your web browser provides Information to our web server, like the site you linked from, the identity of your internet service provider, or the type of browser you are using; and (3) to the extent that you provide Personal Information to us in a CGI form (for example, when you complete a search request).

GIF Files. Mindjet uses pixels, or transparent GIF files, to help manage online advertising. These GIF files may be provided by our ad management partner and enable it to recognize a unique Cookie on your web browser, which in turn enables us to learn which advertisements bring users to our Web Site. The Cookie was placed by us, or by another advertiser who works with our ad management partner. With both Cookies and spotlight technology, the information that we collect and share is Anonymous Information, which may be shared in aggregate form, and it is not personally identifiable and therefore does not contain your name, address, telephone number, or email address.

Monitoring Scripts. Mindjet uses certain third party web analytics software in order to monitor the use of its Web Site. Mindjet may also employ a monitoring script to enables it to proactively request chats with you. If a user accepts a chat, the monitoring script will capture pre- and post-chat surveys that are submitted by such users, as well as the user’s IP address and browser version; however, the third party web analytics software provider does not use any of this data.

If you have concerns about cookies or GIF Files, or need assistance on how to enable the cookies on your system, please contact us at support@mindjet.com.
Our Security Procedures.

Mindjet takes great care in maintaining the security of your Personal Information, and preventing unauthorized access to it, through the use of commercial reasonable technology and internal procedures. For example, we encrypt credit card information. Although Mindjet takes great care in maintaining the security of your Personal Information, Mindjet does not guarantee that unauthorized access will never occur.
Partnership, Advertising Links.

Please be aware that we may occasionally link to other sites for promotional or advertising purposes. These sites are independent of Mindjet. As such, we encourage you to refer to each site's terms of use and privacy policy for their use of Cookies and Personal Information.

When visiting our Web Site or when participating in a contest or promotion, you are given the option to subscribe to the Mindjet newsletter for updates, product information, free service packs and special offers. You may unsubscribe to this at any time by emailing us at privacy@mindjet.com, or by following the link to unsubscribe located at the bottom of the newsletter. The newsletter link is effective for approximately thirty (30) days.
Reviewing and Changing Your Personally Identifiable Information. If you want to make changes, amendments and/or deletions to your Personal Information, these can be given directly to: (1) Mindjet (this can be done by providing such information to Mindjet’s Customer Service, by contacting us via email at privacy@mindjet.com, or by writing to the physical address listed below); (2) each Mindjet affiliate with which you correspond; and (3) with any third party entity for whom you have given us consent to share your Personal Information, as these changes, amendments, and/or deletions will not be exchanged among Mindjet and other Mindjet affiliates or third parties. Additionally, registered users of the Mindjet forum can access and update their information by clicking onto the profile link at the top of the user forum page. Please note that Mindjet may be prohibited from deleting certain of your Personal Information due to an applicable court order, statute, law or regulation. In such instances, Mindjet will not honor your request to delete your Personal Information. When we delete information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives.
Age. The Web Site is not directed at anyone under the age of 18. If you are under this age, you should not use our Web Site.
User to User Forum. In order to register to participate in the Mindjet user forum, users must agree to comply with the forum rules. Under the rules, users should not post any Personal Information, including name, email address, or physical address to the forum, and Mindjet is not responsible for any actions that may arise from a user’s failure to comply with this rule.
Billing. All payment information that is on the payment page, including your e-mail address, credit card number, company name, first name, last name, address, city, state, zip, country, is received by our authorized payment processors, on their secure payment gateway. Secure Socket Layer (SSL) is used for all financial transactions to ensure your security.
Privacy Policy Updates. The terms of this Privacy Policy will govern the use of any information collected by Mindjet or its Customer Service. Mindjet reserves the right to change this Privacy Policy at any time. This Privacy Policy may change as new features are added to the Web Site. If we decide to change our Privacy Policy, we will post these changes to our Privacy Policy on the Web Site. The most recent version of our Privacy Policy is always available from the bottom of most pages on the site. In case of any material changes to the Privacy Policy, we will replace the "Privacy Policy" link on the home page of the web site with a link entitled "Privacy Policy Updated xx/xx/xxxx" for no less than thirty (30) days. All changes to the Privacy Policy will be effective when posted, and your continued use of any of the Services after the posting will constitute your acceptance of, and agreement to by bound by, the changed terms. It is your sole responsibility to periodically revisit and review our Privacy Policy for updates.
Subsequent Owner of Mindjet, LLC, Merger/Acquisition. 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 as set forth in this Privacy Policy. You hereby consent to Mindjet sharing your Personal Information under the above circumstances.
Our Contact Information. If you have any questions or comments about our personal information practices or about this Privacy Policy, please feel free to write us at: