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Intraware understands that privacy is important. The zAthlete Privacy Policy ("Policy") applies to Intraware's information handling practices for the zAthlete Site. Throughout this Policy, "Intraware" and "We" refers to Intraware, Inc. "You" or "Users" refers to you, our users - everyone who uses, subscribes to, publishes through, joins, or visits the zAthlete Site. The "zAthlete Site" refers to the applications, platform, and services operated or produced by Intraware offered through the web site at www.zathlete.com or successor site.

By using the zAthlete Site, you expressly consent to the information handling practices described in this notice. This Privacy Policy is incorporated into and is subject to the zAthlete Site Terms of Use. Your use of the zAthlete Site and any personal information you provide through the zAthlete Site are subject at all times to this Privacy Policy and the Terms of Use.

TABLE OF CONTENTS

1. The Information Intraware Collects
2. The Way Intraware Uses Information
3. When Intraware Discloses Information
4. Your Choices
5. Advertisers
6. Data Security
7. Children's Privacy
8. International Visitors
9. In the Event of Merger or Sale
10. Third Parties
11. Changes and Updates to this Privacy Policy
12. Effective Date, Date Last Modified
13. Intraware Contact Information

1. The Information Intraware Collects:

• Information You Provide: You may provide to Intraware what is generally called "personally identifiable" information (such as your name, email address, credit card number, postal mailing address, and telephone numbers) and other personal information (such as your gender, schools you attended and sports that you play) when you set up your profile or if you upload, purchase, view or download certain content or products from the zAthlete Site, enter contests or sweepstakes, or otherwise use the features and functionality of the zAthlete Site. You may also choose to invite others to the zAthlete Site by providing one or more email addresses.
• "Cookies" Information: When you access the zAthlete Site, we may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer. Intraware may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the zAthlete Site. Persistent cookies can be removed. Please review your web browser "Help" file to learn the best way to modify your cookie settings.
• "Automatically Collected" Information: When you access the zAthlete Site or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include Internet Protocol address ("IP Address"), a unique user ID, version of software installed, system type, searches that you perform on the zAthlete Site, the content and pages that you access on the zAthlete Site, what other users are in your network and groups, and the dates and times that you visit the zAthlete Site.
• Your Name: Your name is displayed throughout the zAthlete Site and is therefore available to the public. Other people can see your name when they visit your zPage, when you come up in the search results, when you post public content, when you post comments, on another member's site, or provide feedback, etc. Therefore, people will be able to personally identify your activities on the zAthlete Site.

2. The Way Intraware Uses Information:

• Intraware uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the zAthlete Site as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws. If you provide email addresses to invite others to the zAthlete Site, Intraware may store and use the email address for the following purposes only: (a) to generate and send one email invitation and additional reminder emails; (b) to allow the recipient of the invitation to sign up for an account if he or she so desires and (c) to track the effectiveness of our invitation program.
• Intraware will display the information you have provided on your profile on the zAthlete Site (your "Profile"). The settings are as follows: your first and last name, city state and country, sports, positions, and teams, as well as your photo, are displayed on the zAthlete site to people outside your network. We will use your email address, without further consent, for administrative communications such as notifying you of major zAthlete Site updates, for customer service purposes, to address copyright infringement or defamation issues, or to contact you regarding any content that you have posted to or downloaded from the zAthlete Site.
• Intraware uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the zAthlete Site works and looks, and to create new features and functionality.
• Intraware may use "Automatically Collected" information and "Cookies" information to: (a) automatically update the Intraware application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the zAthlete Site; (c) provide customized third-party advertisements, content and information; (d) monitor the effectiveness of third-party marketing campaigns; (e) monitor aggregate site usage metrics such as total number of visitors and pages accessed; and (d) track your entries, submissions, and status in any promotions or other activities.

3. When Intraware Discloses Information:

• Intraware does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information or other information that you voluntarily choose to display on your Profile or any publicly other available portion of the zAthlete Site becomes publicly available and may be collected and used by others without restriction. Please be aware that no security measures are perfect or impenetrable. Intraware cannot control and is not responsible for the actions of other users with whom you may choose to share your information and content or for the circumvention of any privacy settings or security measures contained on the zAthlete Site.
• Intraware may disclose Automatically Collected and other aggregate non-personally-identifiable information with interested third parties to assist such parties in understanding the usage and demographic patterns for certain programs, content, services, advertisements, promotions, or other functionality of Intraware.
• We may disclose some limited User information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance, and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist Intraware in improving the zAthlete Site and creating new services features. We contractually require that these parties process such information in compliance with this Privacy Policy, we authorize only a limited use of such information, and we require these parties to use reasonable confidentiality measures.
• Intraware may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law) or respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity.
• Intraware also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Intraware from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the zAthlete Site; or to protect the rights, property, or personal safety of Intraware, our Users, or others.

4. Your Choices and Access to your Personal Information:

You may, of course, decline to share your personally-identifiable information (including your name, country, birth date, gender) with Intraware, in which case Intraware will not be able to provide to you with a Profile or other of the features and functionality found on the zAthlete Site. You may view, update, correct, or delete your user information and preferences in the "Edit Profile" section once you have logged in to your Profile.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

5. Advertisers:

Intraware allows other companies, called third-party ad servers or ad networks, to serve advertisements within the zAthlete Site. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within the zAthlete Site and they automatically receive your IP Address and other log file information when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.

Intraware does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks Intraware to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Notice does not apply to, and we cannot control the activities of, such other advertisers or web sites. Intraware reserves the right the add or remove third-party ad networks or ad servers in its discretion and Intraware may not at all times list such updated ad network or ad server partners in this Privacy Notice.

Currently, Intraware has relationships with the following third-party ad servers or ad networks:
Google AdSense

6. Our Commitment to Data Security:

Intraware uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Intraware, and you do so at your own risk. Once we receive your transmission of information, Intraware makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Intraware learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Intraware may post a notice on the zAthlete Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@intraware.com.

7. Our Commitment to Children's Privacy:

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE ZATHLETE SITE AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of young children is especially important. For that reason, Intraware does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If Intraware learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the zAthlete Site, then Intraware will take the appropriate steps to delete this information.

If you are the parent or legal guardian of a child under 13 who has become zAthlete Site member, then please contact Intraware at privacy@intraware.com to have that child's account terminated and information deleted.

8. International Visitors:

For Users visiting the zAthlete Site from the European Union or other non-U.S. territories, please note that any data you enter into the zAthlete Site will be transferred outside the European Union or such other non-U.S. territory for use by Intraware and its affiliates for any of the purposes described herein. In addition, because Intraware operates globally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the zAthlete Site, you hereby expressly consent to such transfers of your data to the United States or other countries.

9. In the Event of Merger or Sale:

In the event that Intraware is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.

10. Third Parties:

Except as otherwise expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to us. If you disclose your information to others besides Intraware, whether they are users of the zAthlete Site or on other sites or services, different rules may apply to their use or disclosure of the information you disclose to them. Intraware does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

11. Changes and Updates to this Privacy Policy:

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "last modified" date below. Please revisit this page to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information. Your continued use of the zAthlete Site constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.

12. Effective Date, Date Last Modified:

Privacy Policy last modified on October 23 2007.

13. Intraware Contact Information:

Please contact Intraware with any questions or comments about this Privacy Policy, to obtain access to your personal information, and our third-party disclosure practices or your consent choices at:
    Intraware, Inc.
    25 Orinda Way, Suite 101
    Orinda, CA 94563
or by email: privacy@intraware.com. We will respond to your inquiry within 30 days of its receipt.