Privacy Agreement
Mars Software considers user privacy
paramount, and Mars Software utilizes great care in keeping the
information of the users of the Site (including Customers) ("Users" or
"You") private and secure. Mars Software adheres to the U.S.-Swiss Safe
Harbor Framework as well as the Safe Harbor Principles as agreed to and
set forth by the United States Department of Commerce and the European
Union ("EU"),
http://www.export.gov/safeharbor/. To demonstrate our firm
commitment to privacy, the following agreement has been created to
explain our policies and procedures in relation to all data collected.
In this Privacy Agreement ("PA") we describe the information that we
collect; how we use, disclose, and share your information; and how we
protect your information. Capitalized terms not defined in the PA are
defined in the Terms of Service. This PA does not apply to Third Party
Services which are governed by their own privacy policies.
Types of Data
Collected
Mars Software collects data related to our
users through the following methods:
- Automated means such as
communication protocols and cookies
- Online registration and
online signup forms
- Sales inquiries and
transactions
- Online Customer communications
- Offline communications and
interactions
- Third party sources of
information
Depending upon the method of collection and
use, the data collected may include information about the User from
forms, registrations and transactions (such as name, title, address,
company, phone number and e-mail address), financial/transaction
information (such as credit card, card verification value (cvv), and
payment information), information about use of Site (such as electronic
communications protocols, web pages visited, and cookies) and User
preferences and privileges.
Electronic
Communications Protocols and Cookies
Mars Software may receive data from you as
part of the communication connection itself through the standard
electronic greeting between your computer and our servers. This
information often consists of network routing (where you came from),
equipment information (browser type), internet protocol address, date
and time. At this time our server will also query your computer to see
if there are "cookies" previously set by Mars Software.com to
facilitate log in or other site navigation procedures. A "cookie" is a
small piece of information sent by a web server to store in a web
browser so it can later be read back from that browser.
Cookies: Some
parts of the Site use cookies (including signup forms) to collect
information about visitors' use of the Site and to facilitate return
visits. The information collected from cookies is tracked to enhance
security and/or to improve the functionality of the Site by avoiding
duplicate data entry, facilitating navigation, and increasing the
relevance of content.
Cookies on the Site may collect the
following information: a unique identifier, User preferences and
profile information used to personalize the content that is shown, and
User information to access Mars Software's user forums. Some cookies
used by Mars Software.com may remain on the user's computer after they
leave the Site, but the majority is set to expire within thirty ("30")
– three hundred sixty five ("365") days. There may be some cookies on
certain tools that are of longer duration. Cookies may also be of
benefit to you by creating a more streamlined login process, keeping
track of shopping cart additions or preserving order information
between sessions. In the future, as we enable further customization of
the Site, cookies will help in ensuring that information provided to
you will be the most relevant to your needs.
Browsers provide you with information and
control over cookies. You can set your web browser to alert you when a
cookie is being used. You can also get information on the duration of
the cookie and what server your data is being returned to. You then
have the opportunity to accept or reject the cookie. Additionally, you
can set your browser to refuse all cookies or accept only cookies
returned to the originating servers. You can generally disable the
cookie feature on their browser without affecting their ability to use
the Site, except in some cases where cookies are used as an essential
security feature or to provide functionality necessary for transaction
completion.
Users visiting the website through an IP
address that is associated with (a member state of) the European Union
("EU Users") will by default only receive cookies that expire once they
leave the website. This may result in reduced website functionality. EU
Users may opt-in to the receipt of cookies of a longer duration by
giving their consent in a pop-up window or bar shown at the homepage of
the website. Following their consent, EU Users will receive all cookies
discussed above and full website functionality will be available. EU
Users may choose to revoke their consent at any time by deleting all
cookies associated with Mars Software through their browser settings
(as discussed above).
We may also engage Third Parties to track
and analyze non-personally and personally identifiable website data and
to serve advertisements. To do so, we may permit Third Parties to place
cookies on devices of to Users of our Site, where permitted by law,
and, subject to your right to opt-out through the Site "insert link".
We use the data collected by such Third Parties to help us administer
and improve the quality of the Site and to analyze Site usage. Such
Third Parties may combine the information that we provide about you
with other information that they have collected. These Third Parties
are required to use your information in accordance with this PA.
Customer is solely responsible for any
processing or international transfer of all PII in the Customer Content
and agrees to comply with all applicable rules, laws and regulations in
any and all applicable regions or countries related to the transfer of
such PII. To the extent PII is subject to rules, laws, regulations or
the like implementing EU Data Protection Directive 95/46/EC, Mars
Software will be considered a "data processor" and will, as such, act
on Customer’s instructions and implement security measures in
accordance with the MSA.
The Data We
Collect and How We Use It
Mars Software collects data from users for
the following purposes:
- To engage in transactions for
service. Name, address, email, purchase details, and credit
card/payment information may be collected and stored as part of the
transaction history. The majority of the data collected under this
category is contact information. Mars Software may need to share some
of this data (address, payment) with credit card clearing houses,
banking institutions, and other similarly situated Agents, who may
require the information in order to complete the transaction (as used
here, "Agents" are persons or companies who act on behalf of or under
the direction of Mars Software). Mars Software will not transfer
information to any of its Agents unless it first either ascertains that
the Agent subscribes to the Safe Harbor Principles or is subject to the
EU Directive on Data Protection or another adequacy finding or enters
into a written agreement with such Agent requiring that the Agent
provide at least the same level of privacy protection as is required by
the relevant Safe Harbor Principles.
- To provide future service and
support. Information collected for this purpose is both contact data
and information related to products and service/support requested. This
information is also used to provide service, product update, and
similar notices.
- To select content, data may
be collected to help create Site content and navigation that is most
relevant and user friendly. This includes data collected as a result of
site navigation, as well as data provided in forms.
- To respond to user inquiries
and requests for information. This data includes registrations for
online newsletters, opt-in mailing lists and specific requests for
further information.
- To respond to law enforcement
organizations, government officials, third parties when compelled by
subpoena, court order, or applicable law, or to report or prevent
suspected fraudulent or illegal activity in the use of the Services.
Mars Software will notify Customer of the information request or
submission as, and if, allowed.
- To our contractors who
provide services or perform functions on our behalf.
- To our Affiliates, if we do
so their use and disclosure of your PII will be subject to this PA.
- If we are acquired by or
merged with another company, if substantially all of our assets are
transferred to another company, or as part of a bankruptcy proceeding,
we may transfer the information we have collected from you to another
entity if applicable.
- To provide various Mars
Software communities, such as resellers, with relevant product alerts
and updates. These updates are related to product releases, prices,
terms, special offers and associated campaigns. This data is sent when
the program member signs up for the relevant program or online account.
- To better tailor marketing to
User needs. We may use information from User purchases and
User-specified requirements to provide you with timely and pertinent
notices of Mars Software product releases and service developments that
address your needs and specified requirements and/or which are similar
to products and services previously purchased by the User from Mars
Software.
- To better respond to requests
for service or quotes for product and equipment purchase. Mars Software
will pass contact information to the appropriate Mars Software sales
person, or reseller for follow-up related to Mars Software products or
services.
- From referral "tell a friend"
function. If a User elects to use our referral service for informing a
friend about our Site, we ask them for the friend's name and email
address. Mars Software will automatically send the friend a one-time
email inviting them to visit the Site and send a copy of said e-mail to
the User. The e-mail(s) sent shall clearly identify the sender of such
email(s). Mars Software uses this data for the sole purpose of sending
this one-time email. Such e¬mail sent to a friend at User’s request
will not be stored for additional processing.
- As a result of your
participation in interactive discussions and public forums. There are
parts of the Site that permit you to participate in interactive
discussions. Some of these are moderated; all are subject to access for
technical reasons. Mars Software does not control the content that
Users post and some may serve as public discussion forums. As in any
interactive forum open to many Users, you should carefully consider
whether you wish to submit data and should tailor any other content
submitted accordingly.
Customer Portal,
Customer Customization, Preferences and Opt-Out
New Customers are automatically registered
for access at
http://www.marssoftware.com/clients The Customer Portal
allows Customers the ability to create users, add/delete users,
add/delete user privileges and opt in (or out) of Services and mailing
lists. The Customer Portal provides the Customers with control over
their preferences for electronic information delivery.
Mars Software has also provided the
Customer’s master user the ability to manage the Customer’s Account
Information. We maintain the data and allow the Customer’s master user
to update it at any time. To change this information, you must be a
current Customer and login with a user ID and password and follow the
prompts to "update my profile" on the Customer Portal. We continue to
expand the profile of Services and information that you may access and
update.
Please note that some email communications
are not subject to general opt-out. These include communications
related to downloads; communications about sales transactions;
information about software updates, patches and fixes; disclosures to
comply with legal requirements; and network upgrades or other related
maintenance for Service.
If an individual’s PII is to be (a)
disclosed to a Third Party who is not an Agent; or (b) used for a
purpose that is incompatible with the purpose(s) for which it was
originally collected or subsequently authorized by the individual, then
the individual will be notified prior to such disclosure and may
opt-out of having the PII disclosed by responding to the email and/or
author of the notification, where such information shall be clearly set
forth.
Security
Mars Software is concerned with the security
of the data we have collected and utilizes commercially reasonable
measures to prevent unauthorized access to that information. These
measures include policies, procedures, employee training, physical
access and technical elements relating to data access controls. In
addition, Mars Software uses standard security protocols and mechanisms
to facilitate the exchange and the transmission of sensitive data, such
as credit card details. Mars Software does not process PII in a way
that is incompatible with the purposes for which it has been collected
or subsequently authorized by the individual.
In the event that PII is acquired, or is
reasonably believed to have been acquired, by an unauthorized person
and applicable law requires notification, Mars Software will notify the
affected individual of the breach by email or ticket on the Customer
Portal or, if Mars Software is unable to contact the individual by
email or ticket on the Customer Portal, then by regular mail. Notice
will be given promptly, consistent with the legitimate needs of law
enforcement and any measures necessary for Mars Software or law
enforcement to determine the scope of the breach and to ensure or
restore the integrity of the data system. Mars Software may delay
notification if Mars Software or a law enforcement agency determines
that the notification will impede a criminal investigation, and in such
case, notification will not be provided unless and until Mars Software
or the agency determines that notification will not compromise the
investigation.
Enforcement
Mars Software has established internal
mechanisms to verify its ongoing adherence to its privacy policy,
including the Safe Harbor Principles. Mars Software also encourages
individuals covered by this privacy policy to raise any concerns about
our processing of personal information by contacting Mars Software at
the address below. Mars Software will seek to resolve any concerns.
Mars Software has also agreed to participate in the dispute resolution
program provided by the European Data Protection Authorities.
Policy Updates
If we are going to use your PII in a manner
different from that stated at the time of collection, we will notify
you via email. In addition, if we make any material changes in our
privacy practices that do not affect the PII already stored in our
database, we will notify you by email or post a prominent notice on the
Customer Portal notifying users of the change. In some cases, when we
post the notice, we will also email users who have opted to receive
communications from us, notifying them of the changes in our privacy
practices. We may update this policy from time to time to describe how
new site features affect our use of your PII and to let you know of new
control and preference features that we provide.
Contact
Information and Inspection Rights
Questions, concerns or comments about this
privacy policy should be addressed to:
Mars Software
160, LMS Street, Coimbatore - 641 037, India
Phone: +919894129180
info@marssoftware.com
If at any time you decide that you no longer
desire that we hold, use, correct or supplement any of your PII,
receive information regarding any PII processed in relation to you or
you wish to change the manner in which your PII may be used, please let
us know by contacting us as set forth above.