N.E. DESKTOP SOFTWARE PRIVACY POLICY

N.E. Desktop Software, Inc (NEDS) (“TruGrid” or “trugrid.com” or “Site” or “Service”) has created this Privacy Policy (“Policy”) in order to demonstrate its firm commitment to privacy and explain how the Site uses information collected from visitors. In adopting this Policy, the intent is to balance the Site’s legitimate business interests in collecting and using personally identifiable information and visitors’ reasonable expectations of privacy. The following discloses the information gathering and dissemination practices for NEDS.

ALL CUSTOMERS OF NEDS SHOULD CAREFULLY REVIEW THIS PRIVACY POLICY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT USERS’ LEGAL RIGHTS AND RESPONSIBILIITES.

Definitions

1. “Content” is information, materials and other content, including, but not limited to, video, sounds, text, and designs.
2. “Transaction” means any exchange requiring a financial payment that is initiated by a Customer.
3. “Customer” refers to any Internet visitor or user of NEDS, namely a person that seeks to use and engage with NEDS Content.
4. “Visitor” refers to any individual Internet browser that may view any portion of the Site, particularly public portions of the site that do not require registration.

Non-Personally Identifying Information

1. Information Collected from Visitors. NEDS collects certain information from all Visitors that is not personally identifiable. This information includes, but is not limited to, the user’s Internet service provider (ISP), Internet protocol (IP) address, including applicable location, Internet browser type and version and operating system (OS). Other information collected includes the date and time of a Visitor’s exit and entry on the Site, the names and addresses of referral sites, the specific pages a Visitor chooses to visit on the Site and certain search terms that a Visitor may have employed to find the Site.
2. Use of Information from Visitors. Information collected from Visitors is used for purposes of internal reviews, including, but not limited to, traffic audits, tailoring of pages to a particular user’s technology environment, analyzing traffic and search trends, generating aggregate demographic information and general Site administration. This aggregated data is anonymous and does not allow third parties to identify any Visitor personally.

Personally Identifying Information

3. Registration by Children Prohibited. Pursuant to the NEDS Terms of Service, only users 13 years and older may register for an account with NEDS. Pursuant to the Children's Online Privacy Protection Act of 1998 (COPPA), NEDS generally does not knowingly collect personally identifiable information from children under thirteen (13) years of age. Upon notice that NEDS has inadvertently collected personally identifiable information from a child under thirteen, NEDS will take all reasonable steps to remove such information from its records as quickly as reasonably possible.
4. Information Collected from Customers. NEDS may allow Customers to provide certain types of personally identifiable Content, such as:
   1. Personal Information, such as, but not limited to, name, e-mail address, birthdate, postal address, country of residence, year of birth, gender, personal interests and similar identifying information.
   2. Personal Content, such as pictures, video or other intellectual property a Customer may own. Customers understand and agree that NEDS shall have an absolute license and right to use, copy, distribute, or otherwise display Customer provided Content on NEDS, as well as third-party sites with whom NEDS may have agreements.
   3. Location Information, using tools like global positioning systems (GPS), Wi-Fi, or cellular tower proximity, for purposes of providing relevant Content based on your physical location.
5. Communications with Customers from NEDS. Information collected from Customers may be used by NEDS for purposes of communicating with Customers, including, but not limited to, sending a Customer occasional e-mail messages from NEDS, corresponding with Customers via email in response to Customer inquiries, providing services a Customer may request, sharing the Customer’s information with selected third-parties, and otherwise managing a Customer’s account.
   1. Customers may opt-out of future promotional mailings from NEDS by employing methods provided in the below section entitled Opt-Out and Modification of Provided Information.
   2. Even where a Customer chooses to opt-out from promotional mailings, Customers will continue to receive administrative emails related to the usage and functionality of the Site.
6. Use of IP Addresses from Customers. IP addresses collected with personally identifiable information may be employed by the Site for identity, safety and security purposes. Such uses include, but are not limited to, identifying specific Customers or preventing access to the Site based on a Customer’s IP address.
7. Customer Historical Data. NEDS maintains a historical record for each Customer. This historical record may include, but is not limited to, prior Transactions, account history, Site activities and related data. This data may be employed to assist the Site in identifying potential liabilities, resolving disputes, troubleshooting problems and enforcing all terms of the Site. These data sets cannot be completely removed for any reason, including Customer request.

Additional Terms

8. Security. NEDS employs commercially reasonable security methods to secure Customers’ privacy, including, but not limited to, third-party encryption of payment forms, password protected file systems and similar means of protection, designed to protect the loss, misuse and alteration of information under the control of NEDS. While NEDS takes commercially reasonable security precautions, the Site is not responsible for data breaches of third parties, such as payment processors, web hosts or advertising providers.
9. Voluntary Public Disclosure. The Site may include features, such as, but not limited to, Customer listings, Customer Content, discussion forums, blog comment forms and related tools that allow Customers to publicly share information about themselves. Any information a Customer discloses in these areas may be publicly available on the Internet. Such information may be read, collected, or used by other Internet users. NEDS is not responsible for personally identifiable information a Customer may choose to publicly disclose.
10. Third Party Websites. This Policy applies only to information collected by NEDS. The Site may contain links to other third party web sites that are not owned or controlled by NEDS. These sites control their own privacy practices and are not bound by this Policy. NEDS is not responsible for the information or services provided on third party sites, nor is it responsible for the privacy practices or content of their sites.
11. Cookies. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. The Site may use both “session ID cookies” and “persistent cookies.” NEDS may use cookies to deliver content specific to your interests, provide convenience features and for other purposes.
12. Disclosure. NEDS reserves the right to disclose your personally identifiable information as required by legal mandate, including, but not limited to, compliance with a judicial proceeding, court order, or legal process lawfully served on NEDS. Disclosure may also occur in order to prevent or report suspected fraud or suspected illegal activities. NEDS may also disclose information in other circumstances that NEDS believes in good-faith requires disclosure.
13. Ownership of Data. NEDS may use or employ any personally identifiable information that may be collected. Such information may be used for any legal purpose, which may include marketing purposes. Were NEDS to engage in a business transition, such as a merger, acquisition or sale, your personally identifiable information may be among the assets transferred.
14. Opt-Out and Modification of Provided Information. Customers may opt-out of communications from NEDS. NEDS will provide a method via which Customers may request that their contact information be modified or removed to preclude future communications from NEDS.
15. Privacy Policy Modifications. NEDS retains the right to modify this Policy at any time, and changes shall become effective immediately upon publication. While NEDS may notify Customers of changes, each Customer is obligated to review this Policy on a regular basis.
16. Contact Information. Any notice or other communication regarding this Policy shall be written. Notices sent to NEDS shall be sent to notices@nedesktop.com.