(Last Updated: Jan 28, 2009)
Because of changes in technology and the growth and development of our business, Pivotal may need to modify this Policy from time to time. Changes to this Policy are discussed at the end of this document.
1. TYPES OF INFORMATION WE COLLECT ABOUT YOU
Pivotal collects, uses and discloses two types of information: Personal Information and Non-Personal Information. "Personal Information" is information that is directly associated with a specific person or entity such as a user's name, initials or nickname, e-mail address, and user-chosen ID and password. "Non-Personal Information" is information that, without the aid of additional information, cannot be directly associated with a specific person or entity.
The Site is not intended for children under 13 years of age. We do not knowingly collect information from children under the age of 13.
3. GATHERING, USE AND DISCLOSURE OF NON-PERSONAL INFORMATION
A. Gathering Non-Personal Information
(i) Web Browsers
Like most Site operators, Pivotal gathers from users of the Site Non-Personal Information of the sort that Web browsers, depending on their settings, may make available. That information includes the user's Internet Protocol ("IP") address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Site.
(iii) Google Web Analytics Service
(iv) Web Beacons
A "Web Beacon" is an object that is embedded in a web page. It is usually invisible to users but allows Site operators to check whether a user has viewed a particular web page. Web Beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides.
You may not decline Web Beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Third parties are not permitted to use Web Beacons on the Site.
B. Use of Non-Personal Information
Pivotal analyzes Non-Personal Information gathered from Site users to help Pivotal better understand how the Site is being used. By identifying patterns and trends in usage, Pivotal is able to better design the Site to improve users' experiences, both in terms of content and ease of use. Pivotal does not link information gathered using cookies and Web Beacons to Personal Information.
C. Disclosure of Non-Personal Information
We may share Non-Personal Information about our users in the aggregate with third parties for various purposes, including to help us better understand and improve our Service, and for advertising and marketing purposes.
4. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION.
A. Collection of Personal Information
As defined above, Personal Information is information that can be directly associated with a specific person or entity. We collect a range of Personal Information from and about Site users. Much of this Personal Information is information provided by users themselves when they register with the Site and use the Site and Service. For example, when you register with the Site to use the Service, you may submit, your name, initials or nickname, and e-mail address. You may also create a user-chosen ID and password for your use when accessing the Service. In addition, we may collect and retain information that identifies you personally when you send us comments, questions or suggestions, or if you send to us job application, resumes, or other business contacts.
Site users are under no obligation to provide Pivotal with Personal Information of any kind, with the caveat that a user's refusal to do so may prevent the user from using certain Site features. BY REGISTERING WITH THE SITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION SECTION.
B. Use of Personal Information
C. Disclosure of Personal Information
As described in Section 4(A) ("Collection of Personal Information"), users may, at their option, disclose their own Personal Information by any means they choose. Pivotal will also disclose Personal Information, in the following circumstances:
(i) Material You Choose to Reveal in On-line Forums, Blogs, Message Boards, Chat Rooms, Project Web Services or Similar Services
You may post Personal Information on areas of the Site that may be viewed by other users or the public, although we recommend that you not do so. We urge you to use good judgment and not post Personal Information that you do not want other users to know.
Users may not be able to change or remove public postings once they are posted. Such Personal Information may be used by visitors of these pages to send you unsolicited messages.
YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION.
(ii) DMCA Infringement Notifications, Notices of Violations of Site Terms of Service and Other Communications Directed to Pivotal
By submitting a Digital Millennium Copyright Act ("DMCA") Infringement Notification or other communication (including communications about content stored on or transmitted through the Site) you consent to have this communication forwarded to the person or entity who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. For notices other than DMCA Infringement Notifications, upon request, Pivotal will edit out your name and contact information. However, DMCA Infringement Notifications (including any personally identifiable information set forth in the Notifications) will be forwarded as submitted to Pivotal without any deletions.
From time to time, Pivotal may also ask Site users to participate in surveys designed to help Pivotal improve the Site. Any Personal Information provided to Pivotal in connection with a survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Policy only in non-personally-identifying, aggregated form.
(iv) Employees and Third Party Processors
Pivotal will disclose Personal Information to those Pivotal employees, contractors, affiliates, vendors and suppliers who process Personal Information on Pivotal's behalf or participate with Pivotal in the provision or operation of the Site.
(v) By Law, to Protect Rights and to Comply with Pivotal Policies
Pivotal discloses Personal Information if: (1) required to do so by law, or in response to a subpoena or court order; (2) Pivotal believes in its sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of Pivotal, other users, third parties or the public at large; and (3) Pivotal believes that you have abused the service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.
(vi) Business Transfers; Bankruptcy
(vii) Contests, Giveaways and other Promotions
From time to time, Pivotal may offer Site users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with promotions will be subject to the terms of the promotion, not this Policy. You will be given the option to consent to the use of your Personal Information at the time you sign up for the promotion. You will not be required to participate in any promotion.
5. COLLECTION AND USE OF INFORMATION BY THIRD PARTIES NOT COVERED BY THIS POLICY
Third parties are under no obligation to comply with this Policy with respect to Personal Information or Non-Personal Information that users provide directly to those third parties or that those third parties collect for themselves (including, without limitation, Google as described in Section 3(A)(iii)). Please be aware that we may provide links to third party Sites as a service to our users and we are not responsible for the content or information collection practices of those sites. Pivotal does not control the third party websites accessible through the Site. This Policy does not apply to information provided to or gathered by third parties that operate them. Third parties' privacy policies will differ from those of Pivotal. Therefore, we encourage you to review and understand third parties' privacy practices before visiting third party sites or providing third parties with information, and take those steps necessary to, in your discretion, protect your privacy.
Pivotal takes reasonable precautions to prevent unauthorized release, corruption, or loss of your personal and project data. However, neither people nor security systems are foolproof. Therefore, while we have taken efforts to guard your personal information, we cannot guarantee its absolute security.
7. MODIFYING YOUR PERSONAL INFORMATION
If you are a registered user of our Service, you may view, correct, and delete your personal information, simply by logging into the Service and editing your profile.
8. UPDATING THIS POLICY
We may revise and update this Policy if our practices change, as technology changes, or as we add new services or change existing ones. Pivotal will alert you by email if this policy is revised. In addition, any changes to this Policy will be posted on the Site, and we will update the "last updated" date set forth above. It is therefore important that you register with the Site and notify us if you change email addresses. If you do not provide Pivotal with a current email address, you should regularly check our Policy whenever you use the Service to see if it has been updated since your last visit.
9. CONTACTING PIVOTAL
Any questions about this Policy should be addressed to Pivotal Labs, 875 Howard St., 5th Floor, San Francisco, CA 94103, or by email at: [email protected].