Privacy Policy
Elanza Technologies Inc. handling of personal data in its commercial businesses
can be broadly separated into four areas:
I. Elanza's primary business is the manufacture
of internet appliances and distribution of content, streaming media, and delivering
applications for our business customers, in which Elanza’s appliances serve as a
conduit for information dissemination for specific vertical markets.
II. Like most
businesses providing services to other businesses, Elanza may acquire personally
identifiable information of employees of businesses considering or using Elanza
services.
III. Elanza offers enhanced services to business customers that may include
the development of profiling data which does not involve the collection, use or
disclosure of personally identifiable information by Elanza so as to identify individual
data subjects.
IV. As Elanza's business develops, Elanza may also offer services
on its own behalf or on behalf of business customers directly to consumers that
could involve the collection, use or disclosure of personally identifiable information.
Elanza is committed to abiding by its contractual obligations and by all local,
domestic, and international laws governing the protection of personal data. The
Elanza Privacy Statement sets forth company privacy policy regarding each of these
four areas of our handling of data.
Please note that if you link to a third party
site from Elanza, any information you provide to that site and any use of that information
by the third party are not under the control of Elanza and are not subject to this
Privacy Statement. You should consult the privacy policies of each site you visit.
I. DISTRIBUTING CONTENT, STREAMING MEDIA, DELIVERING APPLICATIONS FOR OUR BUSINESS
CUSTOMERS.
1. Elanza functions as an intermediary service provider to Internet businesses.
Elanza is a business-to-business provider of Internet services, providing delivery
of Internet content, streaming media and applications, so that consumers can receive
the Web's content and applications with enhanced performance, reliability and richness.
Elanza's business customers receive access to our communication networks. Elanza
then transmits the content these customers have chosen to move through Elanza's
large, ever-expanding global installation of servers. In providing these services,
Elanza acts purely as a conduit to enhance communications whose content is chosen
by others. Elanza does not initiate these transmissions, does not select the persons
receiving the transmission, and does not select or substantively modify the content
of the information contained in the transmission.
2. Elanza stores data automatically
in order to transmit it efficiently. The data may be stored briefly or for a longer
period of time, as determined by the technical requirements Elanza develops through
working with our business customers.
Elanza speeds the delivery of content and applications
for customers through using automatic, intermediate, and temporary information storage
to make the onward transmission of that information to other recipients more efficient.
Temporary storage processes retain information only so long as is reasonably necessary
to transmit the data. Intermediate storage processes retain information only so
long as is reasonably necessary for continued transmission, to maintain the security
of the network and the data, to permit the company to monitor and improve our performance,
for related administrative purposes, or as required by our business customers. In
some cases, data may be stored by Elanza for an extended period.
3. Elanza's processing of data is determined by our business customers.
When processing data on behalf
of business customers as an intermediary service provider, Elanza does not collect,
use, or disclose personally identifiable consumer information, except as directed
by Elanza's business customers. Elanza complies with any conditions on access to
information requested by Elanza's business customers, and maintains as confidential
the proprietary business information of Elanza's business customers, as is set forth
in our contracts with them.
4. Elanza removes data that is no longer needed, data
that it has reason to believe is being used to facilitate illegal activity, or data
which should legally be disabled.
Elanza routinely removes data from its system
after the data is no longer needed, but may store information for a variety of administrative
and systems purposes for extended periods. Elanza will act expeditiously to remove
or to disable access to information it has stored upon obtaining actual knowledge
that the information at the initial source of the transmission has been removed
from the network and removal is now sought, or that access to it has been disabled,
or that a court or an administrative authority has ordered such removal or disablement.
Should Elanza become aware of facts or circumstances that make it apparent that
our network is being used to facilitate illegal activity, upon obtaining such knowledge,
Elanza will act expeditiously to remove or disable access to the information.
5. Elanza is primarily an Internet appliance manufacturer and business-to-business company that respects obligations
to consumers to protect their privacy.
Elanza is primarily an Internet appliance manufacturer and business-to-business Internet
content delivery company. Our customers include major Internet portals, software
companies, and business-to-consumer sites. We commit to our business customers to
deliver engaging content, interactivity, and a stimulating user experience to their
consumer customers. In serving our business customers, we respect the privacy and
security of their consumer customers. Many of Elanza's business customers have found
that counting hits, placing cookies, and dynamically generating pages are essential
to their Internet businesses. Elanza may report information to its business customers
about the quantity of and delivery location of information. Such information may
include historical information to run customized analyses, focusing on such data
as "IP" addresses, identifying usage patterns associated with addresses owned by
internet service providers, or geographic concentrations of internet usage. In processing
such aggregate data, Elanza does not collect, use or disclose personally identifiable
information.
6. As a global company, Elanza acknowledges the importance of international
standards to protect personal privacy.
As an intermediary service provider, Elanza
does not on its own behalf collect, use, or disclose such personally identifiable
consumer information as names, addresses, and e-mails. Elanza expects any of our
business customers who do collect, use or disclosure such information and who use
Elanza to process that information to adhere to fair information privacy standards,
including the following principles:
• Notice and Communication. We expect our business
customers to communicate explicitly with consumers about data collection and use
and to identify the purpose
for which personally identifiable information is collected
and the extent to which it may be shared, by prominently posting clear, human-readable
privacy policies on
their business to consumer web
sites.
• Choice, Consent and Control.
We expect our business customers to limit their requests for information from consumers
to the information necessary for fulfilling
the level of service desired by the
user. We expect them to obtain informed consent prior to the collection and use
of personally identifiable information and to
provide consumers information about
their ability to review and when appropriate to correct personally identifiable
information. Among the rewards of such an
approach are reduced user frustration,
increased trust, and the facilitation of consumer relationships through anonymous,
customized, or personalized
relationships, as appropriate, between our business
customers and their consumer customers.
• Fairness and Integrity. We expect our business
customers to treat users and their personally identifiable information with fairness
and integrity. We expect our
business customers accurately to represent their information
practices in a clear and unambiguous manner, to use information only for the purpose
stated and
retain the information only so long as is necessary, to ensure that information
is accurate, complete and up-to-date, and to provide the means to insure
accountability
and provide recourse.
7. Elanza maintains the security of data on our system to
protect against possible loss, misuse or alteration.
At Elanza, our systems make
use of a variety of mechanisms to protect personally identifiable information stored
by our business customers regarding their consumer customers against loss, misuse
or alteration. These include administrative, physical and technical precautions
to help protect the confidentiality, security and integrity of personally identifiable
information stored on our system. Elanza uses appropriate trusted protocols for
the secure transmission of data.
8. Elanza will act to protect your privacy if it
learns your data is being abused.
Elanza is committed to abiding by all applicable
U.S. and international laws protecting consumer privacy. Since in our capacity as
an intermediary service provider we do not collect such key personal identifiers
as name, address, and e-mail from consumers, we rely on business customers who may
collect such data to abide by their commitments to their consumer customers. Should
our business customers fail to meet those commitments, we want to know about it.
If you believe any business using Elanza's services may have failed to live up to
the legal commitments they have made to protect your privacy, please tell us. We
will act expeditiously to bring your complaint to our business customer, and to
remove or to disable access to any identifiable personal information regarding a
data subject we may have stored upon obtaining actual knowledge of the fact that
the information may have been obtained in violation of a privacy law or agreement.
9. Elanza will act to protect propriety information if it learns proprietary data
is being abused.
As is set forth in our contractual agreements with our business
customers, Elanza respects the confidentiality of proprietary information. If you
believe that Elanza or anyone using Elanza's services may have failed to live up
to any legal commitments they have made to protect proprietary information, please
notify us and we will undertake a review of the issues you have raised in an effort
to reach a prompt and proper resolution. We will act expeditiously to remove or
to disable access to any proprietary information whose confidentiality could be
at risk upon obtaining actual knowledge of the fact that the access could violate
a contractual obligation or any relevant law governing the uses of such information.
II. PERSONALLY IDENTIFIABLE INFORMATION OF EMPLOYEES OF BUSINESS CUSTOMERS.
1. Elanza
may collect, store and use personally identifiable information of employees of our
business customers to enable us to provide products, services and information to
existing or potential business customers.
In order to provide products and services
to our business customers, Elanza has constant communications with the employees
of these business customers in the scope of their employment. From time to time,
Elanza, like most businesses, may collect, store and use personally identifiable
information regarding these employees in connection with business communications.
This information may include names, company names, addresses, telephone numbers,
facsimile numbers, and e-mail addresses. In addition, Elanza may ask employees of
business customers for web site addresses, product interests, and credit-related
information with respect to product purchases and other information.
2. Elanza may
acquire personally identifiable information concerning employees of other companies
through authority, permission, or consent.
Elanza may acquire personally identifiable
information regarding the employees of potential or existing business customers
from a variety of sources. Such information may come from public sources and records,
such as telephone, Internet, or business directories, or public maps and records.
Other personally identifiable information may be provided to Elanza by the employees
themselves, or by their employer or its agents.
3. Personally identifiable information
collected from employees of businesses may be acquired, stored, processed, and used
by Elanza from time to time for marketing purposes.
Elanza may use personally identifiable
information regarding employees of businesses for business communication and marketing
purposes. We do not currently but may in the future provide such information to
our vendors, suppliers and business partners to provide an employee of a business
with a product or service requested by the employee or the employee's business or
to improve the operation and maintenance of our business services. We expect anyone
to whom we disclose personally identifiable information of an employee of a business
not to use or disclose the employee's personally identifiable information for other
purposes, although we cannot guarantee how other vendors, suppliers, or business
partners will actually use such information.
III. ELANZA ENHANCED DATA
1. As an
intermediary services provider, Elanza acts only as a conduit for whatever information
is processed by Elanza for our business customers.
Elanza's secure system is designed
so that no personally identifiable information is disclosed to Elanza as it provides
business-to-business intermediary distribution and streaming services. In that capacity,
Elanza has no direct relationships with consumers, and must necessarily rely on
Elanza's business customers to insure that any information they transmit through
Elanza has been obtained in an ethical and lawful manner. As stated above, Elanza
is prepared to remove or to disable access to any identifiable consumer information
Elanza may have stored upon obtaining actual knowledge of the fact that the information
may have been obtained in violation of any privacy law or agreement.
2. As an enhancer
of data, Elanza may gather statistical and user preference data through cookies,
profiling and other data gathering techniques, but this process does not involve
the collection, use or disclosure of personally identifiable information.
Like many
other intermediary service providers, in the course of providing business to business
services to our business customers, Elanza may go beyond acting solely as a conduit
to create enhanced data. Elanza may do this through collecting data on URL's, user
identity certificates, pairwire, temporary or site ids, and other online contact
information. Elanza does not integrate such information with names, addresses, e-mails,
or other data so as to identify any individual person. Through the use of cookies,
Elanza may also collect, store, and use information regarding the computer system
of a user and associate this information with other information collected from the
user. Elanza may use this information for the purposes of completion and support
of current activity, Web site and system administration, customization of Web sites
of our business customers, and research and development. This information may be
distributed to Elanza, Elanza's agents, and Elanza's business customers. Information
obtained in this manner by Elanza does not include personally identifiable information
such as name, address, telephone number, and e-mail, which are neither collected
or used by Elanza in its creation of enhanced data, nor disclosed by Elanza to others,
except with the consent of the individual to whom the data pertains.
3. Elanza maintains
information barriers between personally identifiable information and profile information.
Elanza has found that we can provide our business customers and their consumer customers
the opportunity for personalized content through such techniques as utilizing clickstream
information without merging any profiling data that is gathered with the identities
of individual users. Elanza may take usage data regarding pages viewed, data and
time, browser type, and domain type, to provide better targeting of services by
businesses to other businesses and to consumers. Elanza may also develop profiles
of patterns of use by users or user-groups through geographic location. Elanza does
not match this information with information on a user's identity. Elanza does not
collect, store, and use such personally identifiable information as names, addresses,
e-mail addresses, phone numbers, and social security numbers from the consumer customers
of our business customers on our own behalf, and does not use such information itself
for marketing purposes, except with the consent of the consumer customer. When such
information is stored on our system by our business customers as a result of their
relationship with their consumer customers, it is maintained securely, and not disseminated
for any purpose other than as directed by our business customers in light of their
agreements with and commitments to their consumer customers.
4. Any data gathered
by Elanza is maintained anonymously so that it cannot be used to compromise individual
privacy.
The information that Elanza and our business customers find useful to enhance
the experience of their consumer customers does not require the identification of
individual people. Services engaged in personalizing the web experience generally
do not need to know the name, address or e-mail of a web site visitor. They do need
the ability to distinguish one web site visitor from another, and to recognize that
visitor should they return to the site. Cookies are often used by such services
for this purpose. Elanza may use clickstream data and cookies from time to time
to help our business customers offer the best possible services for their consumer
customers. Our sophisticated security mechanisms are designed to restrict access
to the data collected to those who have the right to collect, use, or disclose the
data.
5. Elanza wants to know when you believe your personally identifiable information
has been improperly used, and is prepared to respond appropriately.
As specified
above, in creating Elanza enhanced data, Elanza seeks to maintain the anonymity
of individuals whose data may be collected, used, or disclosed by Elanza. Should
you have reason to believe Elanza or our business customers have failed to protect
your personally identifiable data properly, we want to know about it. We will act
expeditiously to remove or to disable access to any identifiable personal information
regarding an individual we may have stored upon obtaining actual knowledge of the
fact that the information may have been obtained in violation of a privacy law or
agreement.
IV. PERSONALLY IDENTIFIABLE INFORMATION ON INDIVIDUAL CONSUMERS.
1. Except
as required by law or recognized public policy, Elanza will not knowingly collect,
store or use sensitive personal data, except with the individual's permission.
As
specified above, in distributing content, streaming media, and delivering applications
for our business customers, Elanza generally has no direct relationship with consumers
and does not collect personally identifiable data on them. However, the Internet
is evolving with incredible speed, and so is Elanza. We don't want to wait until
the day our business involves many direct relationships with consumers to have a
consumer privacy policy. So Elanza wants you to know that the company and our affiliates
or subsidiaries will not knowingly collect, use or disclose sensitive personal data,
except with the individual's permission, or under one of the principles specified
in applicable U.S. and international privacy laws, discussed below. Sensitive personal
data includes personal data revealing racial or ethnic origin, political opinions,
religious or philosophical beliefs, health or sexual activity.
2. Elanza recognizes
standard domestic and international legal and public policy exceptions to non-disclosure.
Important exceptions to the general rule of non-disclosure without permission have
been codified internationally in such privacy laws as the 1995 EU Privacy Directive,
Title V of the U.S. Financial Services Modernization Act in 1999, and Canada's Personal
Information Protection Act (C-6). In general, information processors such as Elanza
may collect, maintain and use personally identifiable information that could be
considered sensitive or controversial with the consent of the subject of the personally
identifiable information, or when the processing is necessary for the performance
of a task carried out in the public interest, such as processing or publication
of material from public record sources or the public media. In addition, Elanza
recognizes other standard legal and public policy exceptions to non-disclosure set
forth in these and other relevant statutes. Elanza may therefore collect, use and
disclose personally identifiable information necessary for the establishment, exercise
or defense of legal claims, as required by law, or where the collection, use and
disclosure is necessary for the purposes of preventive medicine, medical diagnosis,
the provision of care or treatment or the management of health-care services. For
example, Elanza may maintain such data in our system for a business customer using
Elanza to store or process health insurance records for the purposes of the coordination
of insurance benefits, in conformity with applicable national privacy and security
requirements. As provided by applicable U.S. federal law, Elanza may also disclose
personally identifiable information without the consent of the individual to protect
the confidentiality or security of the firm's records pertaining to the customer,
the service or product, or the transaction, to protect against or prevent actual
or potential fraud, for institutional risk control, to resolve customer disputes
or injuries, and for various other purposes provided by law.
3. Elanza will provide consumers meaningful notice and choice before collecting
personally identifiable information on them.
While today most of the data that streams through or is maintained
by Elanza is selected by Elanza's business customers, Elanza and our related companies
may offer services directly to consumer customers. In such cases, Elanza is committed
to providing consumers meaningful notice and choice before collecting personally
identifiable information on them from non-public sources. Such personally identifiable
information will not be sold or disclosed to any third party by Elanza, without
the prior permission of the consumer. Elanza will provide anyone who becomes a consumer
customer of Elanza with the ability to opt out of the provision of personally identifiable
information for any purpose other than the service authorized by the consumer.
4.
Elanza will use our best efforts to stop the processing of any disputed personally
identifiable information upon notification by an individual that there may be a
problem.
If you believe Elanza may be processing or maintaining sensitive or personally
identifiable information pertaining to you without your consent, or in violation
of applicable domestic or international laws, please let us know. We will act expeditiously
to disable access to any sensitive or personally identifiable information about
you we may have obtained, while we work to investigate your complaint and to resolve
the problem.
5. Elanza will respect FTC regulations and other applicable federal
and state laws governing the handling of personally identifiable information in
connection with the purchase, sale, or transfer of the assets of a business.
Recent
federal bankruptcy litigation and FTC actions have highlighted new questions regarding
the handling of personally identifiable information in connection with the resolution
of a company's assets involving the liquidation of those assets. These questions
may also have implications for the purchase, sale or transfer of personally identifiable
information in connection with other forms of corporate restructuring. Although
this area of U.S. law has been in flux, Elanza is committed to respecting FTC regulations
and any other applicable state and federal laws regarding the purchase, sale or
transfer of personally identifiable information in connection with any form of purchase,
sale or transfer of the assets of a business.
6. Elanza does not currently knowingly collect, use and disclose personally identifiable
data on children under the age of 13.
Elanza will comply with the Children's Online Privacy Protection Act of 1998
if Elanza were to offer services to children under the age of 13. In general, any
data on children that might be processed or stored by Elanza would be processed
without modification through Elanza's role as an intermediary services provider
for other businesses. In the event that Elanza were to collect, use or disclose
personally identifiable data on children, Elanza is committed to compliance with
the Children's Online Privacy Protection Act of 1998 ("COPPA"), including but not
limited to verifiable parental consent, choice regarding disclosures to third parties,
and parental access to information.