This Privacy Policy statement discloses Nirvanix’s privacy practices and is incorporated into and is subject to the Terms and Conditions of Use. By entering into the Agreement, you expressly consent to Nirvanix’s use and disclosure of Your personal information in accordance with this Privacy Policy.

Information Collection and Use: Nirvanix is the sole owner of the information collected from its Users. Except as required by law, subpoena or court order, Nirvanix will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

Registration

In order to use Nirvanix’s services, Users must first complete a registration form, which requires providing Nirvanix certain information. This information is used to identify the specific User utilizing Nirvanix’s services. The User may provide optional identifying information, demographic information, and unique identifiers to enable us to provide a more personalized experience on the site.

Content Providers

The Content Provider must provide contact and other identifying information on the submission form. This information is used to enforce Nirvanix’s Policy Against Copyright Infringement and its Terms of Service.

Content Recipients

The Content Recipient must provide contact information (e.g., name and shipping address) and financial information (e.g., credit card number and expiration date) on the order form. This information is used for billing purposes and to fill Content Recipients’ orders. If Nirvanix has trouble processing an order, it will use this contact information to notify the Content Recipient.

Cookies

A cookie is a piece of data stored on the User’s hard drive containing information about the User. Cookies identify the User for our database, but provide no information other than that which You have already provided Nirvanix. For instance, by setting a cookie on this site, the User would not have to log in a password more than once, thereby saving time while on the site. If a User rejects the cookie, they may still use the site. The User, however, will be limited in some areas of the site. Cookies can also enable Nirvanix to track and target the interests of the Users to enhance their experience on the site. Some of Nirvanix’s business partners use cookies and action tags (also known as single pixel gifs or web beacons) on the site for purposes such as serving ads and measuring advertising effectiveness. Nirvanix, however, has no access to or control over their use of these cookies and is not responsible for the data collected through these cookies, or how any such collected data is used or shared by Nirvanix’s business partners. Any information that these third parties collect via cookies and action tags is completely anonymous.

Log Files

Nirvanix uses IP addresses to analyze trends, administer the site, and track Users. IP addresses are linked to personally identifiable information for security and operational purposes only.

Correspondence

Nirvanix may retain correspondence from Users for tracking purposes only and, except as required by law or to assist in enforcing the Agreement, will not use it for any secondary purpose or to send You unsolicited electronic mail.

Use of Personal Information

Nirvanix will not give, sell, rent, share, or trade any personal information about You to third parties or provide Your personal information, including your name or electronic mail address, to third parties except as required by law, subpoena or court order. Nirvanix may disclose Your username, name, address, electronic mail, and other personal information as it believes necessary or appropriate in connection with an investigation for fraud, intellectual property infringement, piracy, or other illegal activity as well as dispute resolution and enforcement of the Agreement. Nirvanix will share aggregated demographic information with its partners and advertisers. This is not linked to any personal information that can identify any individual person. Nirvanix uses an outside shipping company to ship orders, and a credit card processing company to bill Users for goods and services. Nirvanix may partner with other parties to provide specific services. When the User signs up for these services, Nirvanix will share names or other contact information as necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Links

This web site contains links to other sites. Please be aware that Nirvanix is not responsible for the privacy practices of such other sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy statement applies solely to information collected by Nirvanix on the Nirvanix web site.

Surveys and Contests

From time-to-time Nirvanix may request information from Users via surveys or contests. Participation in any such surveys or contests is completely voluntary and the User therefore has a choice whether or not to disclose the requested information. Information requested may include contact information (e.g., name and address), and demographic information (e.g., age level or income). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Supplementation of Information

Nirvanix may combine information about the purchasing habits of Users with similar information from its partners to create a personalized user profile. When a User makes a purchase from one of Nirvanix’s partners, the partner company may collect and share that purchase information with Nirvanix to better tailor the site to the Users’ preferences.

Privacy of Other Users

Your use of other Users’ personal information obtained through Nirvanix is strictly limited to communications related to Your use of Nirvanix’s services that are not unsolicited commercial messages and any other purpose that a User expressly opts into after adequate disclosure of the purpose(s). In all cases, You must give Users an opportunity to remove themselves from Your database and a chance to review what information You have collected about them. In addition, except as defined in this section, you can not disclose personal information about another User to any third party without Nirvanix’s consent and the consent of such other User after adequate disclosure.

Special Offers

Nirvanix may occasionally send information on products, services, special deals, or a newsletter. Out of respect for the privacy of the Users, Nirvanix presents the option to not receive these types of communications. Please see Nirvanix’s Choice/Opt-Out provision below.

Site and Service Updates

Nirvanix may send its Users site and service announcement updates. Users are not able to un-subscribe from service announcements, which contain important information about the service. Nirvanix communicates with the User to provide requested services and in regards to issues relating to their account via electronic mail or phone.

Correcting/Updating Personal Information

If Your personally identifiable information changes (such as your zip code), Nirvanix will endeavor to provide a way to correct or update the personal data You provided to it. This can usually be done at the Account Information page or by electronically mailing our Customer Support at support@nirvanix.com.

Removing Personal Information and Content

Nirvanix will remove Your contact information from its current database if You decide that You no longer want to use Nirvanix’s services and request to be removed from the database. Nirvanix may in some circumstances retain information that You have requested removed to resolve disputes, troubleshoot problems and enforce the Agreement. Further, such prior information is never completely removed from Nirvanix’s databases due to technical constraints and the fact that Nirvanix backs up its systems. Accordingly, Your personal information will not be completely removed from Nirvanix’s databases in response to Your requests.

Choice/Opt-out

You may opt-out of having Your information used for purposes not directly related to Nirvanix’s services at the point where we ask for the information. Users who no longer wish to receive promotional materials from our partners may opt-out of receiving these communications by replying with unsubscribe in the subject line in the electronic mail or electronic mail us at support@nirvanix.com.

Notice of Changes

If Nirvanix decides to change this privacy policy, it will post those changes so Users are always aware of what information Nirvanix collects, how it uses it, and under which circumstances, if any, it is disclosed. If at any point Nirvanix decides to use personally identifiable information in a manner different from that stated at the time it was collected, Nirvanix will notify You by way of electronic mail. You will have a choice as to whether Nirvanix may use Your information in this different manner. Otherwise, Nirvanix will use information in accordance with the privacy policy under which the information was collected.

No Warranties

Due to technical, legal and practical limitations, Nirvanix cannot warrant and does not guarantee, and You should not expect, that all of Your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. Nirvanix may disclose information to governmental authorities or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You authorize Nirvanix to disclose any information about You to law enforcement or other government officials as Nirvanix, in its sole discretion, believes necessary, prudent or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose Nirvanix to legal liability.

Safe Harbor

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (FAQ) to enable U.S. companies to satisfy European Union (EU) law requirements for adequate protection of personal information transferred from the EEA to the United States. Nirvanix adheres to the Safe Harbor Principles outlined below.

Privacy Principles

The privacy principles in this Privacy Policy statement are based on the Safe Harbor Principles.

Notice and Choice

Nirvanix does not collect personal information directly from individuals in the EU. Personal information may exist in information that is provided to Nirvanix from an EEA organization for processing. To the extent permitted in the Safe Harbor Agreement, we reserve the right to process personal information in the course of providing storage services to our clients without the knowledge of individuals involved.

Onward Transfers and Disclosures to Agents

Nirvanix will not knowingly disclose personal information to third parties, except when one or more of the following conditions is true:

• We have Your permission to make the disclosure.
• The disclosure is required by law or professional standards.
• The information in question is publicly available.
• The disclosure is reasonably necessary for the establishment or defense of legal claims.

Data Security

Nirvanix takes data security seriously and has put in place appropriate physical, electronic, and procedures to safeguard and secure the information we process. Nirvanix uses best practices to protect our Users’ information. When Nirvanix asks users to enter sensitive information (such as credit card number), that information is protected with SSL encryption software for transmission to Nirvanix. All of our Users’ information is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Nirvanix employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, employees are kept up-to-date on Nirvanix’s security and privacy practices. Every quarter, as well as any time new policies are added, Nirvanix employees are notified and/or reminded about the importance placed on privacy, and what they can do to ensure the Users’ information is protected. Finally, the servers on which Nirvanix stores personally identifiable information are kept in a secure environment.

Data Integrity

Nirvanix will use personal information only in ways that are compatible with the purposes for which it was collected, which is in the confines of e-discovery usage.

Access

Upon request, Nirvanix will grant individuals reasonable access to personal information that it holds about them. In addition, Nirvanix will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

Enforcement

Nirvanix utilizes the self-assessment approach to assure its compliance with our privacy statement. Nirvanix periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented, and in conformity with the Safe Harbor Principles.

Changes in Practices: Nirvanix will keep this policy current and will inform you of any changes that we make.

Last update: 02/06/2008