Phoenix Technologies Ltd. (“Phoenix,” “we,” “us“) is concerned about online privacy issues and wants you to be familiar with how we collect, use and disclose your Personally Identifiable Information (as defined below). This Privacy Policy (the “Policy“) describes our practices in connection with Personally Identifiable Information that we collect through our web site (the “Site“).  This Policy does not address our practices regarding information that we collect by any means other than online collection through the Site.  For information about how our computer optimization products subsidiary, iolo technologies, LLC, collects information, please see the iolo Privacy Policy.

By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the “LAST UPDATED” legend at the bottom of this Policy. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.

  1.  What Types of Information Does Phoenix Collect Through the Site?

Phoenix gathers three basic types of information through the Site: “Personally Identifiable Information” (or “PII”), “Non-Personally Identifiable Information” (or “Non-PII”) and “IP Addresses”. Personally Identifiable Information is information that identifies you as an individual, including information that permits us to contact you, online.  Non-Personally Identifiable Information is aggregated information, demographic information and any other information that does not reveal your specific identity or contact information. An IP Address is the Internet Protocol address of the computer that you are using.

a.  Personally Identifiable Information.You do not have to provide PII to use the Site. However, in order to send you company information, including product information , we may require that you furnish PII. We collect PII from you through the Site, such as your name, company, telephone number and e-mail address, only when you voluntarily provide it to us.

b.  Non-Personally Identifiable Information.When you visit and interact with the Site, Phoenix and third parties with whom Phoenix has contracted to provide services to Phoenix may collect Non-PII. Non-PII is generally collected through the Site from two different sources: environmental variables and other similar technologies and information that you voluntarily provide.

i.  Environmental Variables.We and our service providers may also collect certain environmental variables, such as your computer type (Windows or Macintosh), OS version, Internet browser, and Internet browser version. These environmental variables are collected by most web servers, and can be used to optimize your experience on the Site.

ii.  Cookies.We do not use “cookies” on the Site. Cookies are data that a web server transfers to an individual’s computer for recordkeeping purposes. To learn more about cookies, please visit http://www.allaboutcookies.org/.

iii.  Online Tracking.  Online tracking is the online collection of personal information about you as you leave our Site and move across web sites and online services. We do not track you online.

iv.  Information That You Voluntarily Provide.Phoenix may also collect Non-PII (e.g., your title or your employer) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user or your physical or online location. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of users who live in a particular region. Such aggregate information is considered Non-PII for purposes of this Policy.

c.  IP Addresses.When you visit and interact with the Site, Phoenix may collect IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site along with the time(s) of your visit(s) and the page(s) that you visited.

  1. How Does Phoenix Use Information Collected From Me?

a.  Personally Identifiable Information. We may use PII about you in the following ways:

i.  Fulfillment of Requests.Phoenix may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send company or product information to you). We also may use PII to provide you with information, to improve our products, performance of our websites and the overall visitor experience and to help us better understand your needs and interests.

ii.  Administrative Communications.From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Site, changes to our terms, conditions, and policies or other administrative information. Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.  While we reserve the right to send you updates to this policy, we may update this privacy policy without sending you an email update.  Please check with this privacy policy from time to time to be sure you have the most current version.

iii.  Other Communications. From time to time, we may use PII about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not send electronic marketing messages to you, please see the “Opt-Out” section below.

iv.  Internal Business Purposes.We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.

b.  Non-Personally Identifiable Information.Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non PII, which does not personally identify you, with third parties, for any purpose. In some instances, we may combine Non-PII with PII (such as embedding e-mail addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined (see Section 2(a) above).

c.  IP Addresses.Our Site automatically collects your IP address and the IP addresses of all users, solely for purposes of Site maintenance, such as calculating Site usage levels and helping diagnose server problems.  We do not use IP Addresses for any other purpose. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites. Please note that we treat IP Addresses, server log files and related information as Non-PII, unless we are required to do otherwise under applicable law.

  1. How Long is Personally Identifiable Information Maintained?

When you provide us PII, we will use it to fulfill your request, such as a request for product information and may continue to store it as part of our communications with you about our products, to provide customer support, back up our systems and allow for disaster recovery.  We may retain information about you for legitimate business purposes, including the purposes authorized under this Privacy Policy unless prohibited by law and we may decline to process requests that are impractical. For example, we may retain information to prevent, investigate, or identify possible wrongdoing or to comply with legal obligations.  You may request that we remove PII, by submitting a request to:  PrivacyPolicy@Phoenix.com.

  1. How Is Personally Identifiable Information Disclosed?

a.  Third-Party Service Providers.We work with third parties who provide services including but not limited to processing your requests for company or product information, data analysis, and other services of an administrative nature. Any PII that you provide through the Contact Us Page will be collected by a third party service provider rather than by Phoenix, and will be subject to the third party’s privacy policy, rather than this Policy. The third party will share with us certain PII that it collects in order to fulfill your request and as otherwise described in Section 2.

b. Third-Party Communications.We will not share PII about you with third parties, other than third-party service providers as described above

c.  Assignment.We reserve the right to transfer any and all information that we collect from users of our Site and/or Services to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Phoenix’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

d. Law enforcement; emergencies; compliance.Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our Terms of Service; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Phoenix, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

  1. Other Important Notices Regarding Our Privacy Practices.

a.  Third-Party Sites.The Site may contain links to third-party web sites. These linked sites are not under Phoenix’s control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Phoenix. If you provide any PII through any such third-party web site, your transaction will occur on such third party’s web site (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

b.  Third-party Advertisers.We do not use third-party advertising companies to serve ads when you visit our Site, but reserve the right to do so.  If we do use third-party advertisers to serve ads when you visit our Site, the following shall apply. Please note that these companies may use information (not including PII) about your visit to the Site in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Site, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp.

c.  Security.We seek to have security measures and tools, such as firewalls in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. You acknowledge and agree that any information you transmit through the Site or upload for storage in connection with the Site is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 5.h (“Contacting Us”) below. (Note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

d.  Opt-Out.We do not deliver marketing-related emails, but reserve the right to do so in the future.  If you do not wish to receive marketing-related e-mails from us, you may opt-out of receiving such marketing-related e-mails by opting out or unsubscribing as instructed in the marketing-related emails you receive from us. We will endeavor to comply with your request as soon as reasonably practicable.

e.  Note Regarding the Use of the Site by Minors:The Site is not directed to individuals under the age of eighteen (18).  If you are under the age of eighteen (18) please do not use the Site.

f.  Jurisdictional Issues.The Site is controlled and operated by Phoenix from the United States, and is not intended to subject Phoenix to the laws or jurisdiction of any state, country or territory other than that of the United States. Phoenix does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

g.  Contacting Us.If you have any questions regarding this Policy, please contact us by e-mail at PrivacyPolicy@Phoenix.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Last updated:  March 09, 2017