Privacy Policy

Last updated: April 30, 2007

Netcooler understands that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the Netcooler website, you are accepting the practices outlined in this Privacy Policy.

POLICY

Your privacy is important, so Netcooler, Inc., a Delaware corporation (the "Company") has created the following Privacy Policy to let you know what information we collect when you visit the netcooler.com website (the "Site"), why we collect it and how it is used. This Privacy Policy explains the data collection and use practices of the Company in connection with the services available to you pursuant to Netcooler membership, including access to the Site; it does not apply to other online or offline Company sites, products or services or to the practices of third parties that we do not own or control, or to individuals that we do not employ or manage. The terms "you," "your," and "yours" refer to the customer/purchaser utilizing our Site. The terms "Company," "Netcooler," "we," "us," and "our" refer to Netcooler, Inc. This Privacy Policy is governed by our Terms of Use. By using this web site, you consent to the data practices prescribed in this statement. We may periodically make changes to this Privacy Policy that we will include on this page at any time without notice. It is your responsibility to review this Privacy Policy frequently and remain informed about any changes to it, so we encourage you to visit this page often.

WHAT INFORMATION IS COLLECTED?

"Personally Identifiable Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number or other contact information, whether at work or at home, that is entered at registration or otherwise into a user’s profile. Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience. We only collect personal information that is relevant to the purpose of our Site. We do not process this information in a way that is incompatible with the purpose for which it has been collected or subsequently authorized by you. The Company collects the following Personally Identifiable Information from you when you use our Site:

Information You Provide to Us:

Automatic Information:

Netcooler and its affiliates may use your Personally identifiable Information to provide you with Netcooler product information, to support the Services offered on the Site, to notify you of technical updates or changes in policy (by posting the updates or changes to the site), or to deliver other customer services. In addition, Personally Identifiable Information may be shared with third parties as follows:

IS THE PERSONALLY IDENTIFIABLE INFORMATION SHARED OR DISCLOSED?

Netcooler does not rent or sell Personally Identifiable Information to third parties. Personally Identifiable Information is used to complete and support your use of the Site and to comply with any requirements of law.1 Netcooler may share Personally Identifiable Information as described below:

IS THE INFORMATION SECURE?

Your Netcooler account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Only employees and contractors who need Personally Identifiable Information to perform a specific job (for example, a customer service representative) are granted access to it.

INTERNATIONAL TRANSFERS

Personalally Identifiable Information collected on this web site may be stored and processed in the United States or any other country in which Netcooler or its affiliates, subsidiaries or agents maintain facilities and/or infrastructure, and by using this web site, you consent to any such transfer of information outside of your country.

COOKIES

Cookies are small text files stored by your browser in your computer when you visit our Site. We use cookies to improve our Site and make it easier to use. Cookies permit us to recognize users and avoid repetitive requests for the same information. Most browsers will accept cookies until you change your browser settings to refuse them. Some of our business partners may use cookies on our Site (for example, advertisers). However, we have no access to or control over these cookies.

YOUR CONSENT TO THIS PRIVACY POLICY

By using the Site, you agree to this Privacy Policy. This is our entire and exclusive Privacy Policy and it supersedes any earlier version. Our Terms of Use take precedence over any conflicting Privacy Policy provision. We may change this Privacy Policy by posting a new version of this Privacy Policy on the Site which it is your responsibility to review. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the Personally Identifiable Information we collect. Your continued use of this web site constitutes your agreement to this Privacy Statement and any updates.

LEGAL DISCLAIMER

The Site operates "AS-IS" and "AS-AVAILABLE," without liability of any kind. We are not responsible for events beyond our direct control. This Privacy Policy is governed by the laws of Texas, excluding conflicts of law principles. Any legal actions against us must be commenced in Texas within one (1) year after the claim arose, or such action(s) will be barred.

CONTACTING NETCOOLER

If you believe that Netcooler has not adhered to this Privacy Policy, or if you feel that you need to correct information about you held by Netcooler, please contact us by email at privacyconcerns@netcooler.com or by postal mail at Netcooler, Inc., P.O. Box 50461, Austin, TX 78763-0461 and we will use commercially reasonable efforts to remedy the problem.