Privacy Statement

Copyright:

Copyright © 2008 Proven Backup Incorporated. All rights reserved.
Proven Backup Incorporated hereby authorizes you to view, copy, print, and distribute the materials on this web site subject to the following conditions:

* The materials are used for informational purposes only.
* The materials are used for noncommercial purposes.
* Any copy of the materials or portion thereof must include this copyright notice in its entirety.

Intellectual Property Ownership:

Proven Backup Incorporated, Proven Backup, and the Proven Backup logo are trademarks of Proven Backup Incorporated. Any product names mentioned in this web site that are the trademarks or registered trademarks of their respective owners and are mentioned for identification purposes only.

Note that any program, publication, design, product, process, software, technology, information, know-how, or idea described in this web site may be the subject of other rights, including other intellectual property rights, which are owned by Proven Backup Incorporated or other interested parties and are not licensed to you hereunder.

Disclaimer:

This web site and the information contained therein (the “Proven Backup” website) is provided by Proven Backup Incorporated and is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subjects. Accordingly, the Proven Backup Website is not intended to constitute legal, business, technical, consulting, or other professional advice or services. Before making any decision or taking any action that might affect your business, you should consult a qualified professional advisor.

THE PROVEN BACKUP WEBSITE IS PROVIDED AS IS, AND PROVEN BACKUP MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PROVEN BACKUP WEBSITE. WITHOUT LIMITING THE FOREGOING, PROVEN BACKUP DOES NOT WARRANT THAT THE PROVEN BACKUP WEBSITE WILL BE ERROR-FREE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. PROVEN BACKUP EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. YOUR USE OF THE PROVEN BACKUP WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THEREOF. PROVEN BACKUP WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THE PROVEN BACKUP WEB SITE.

If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

Certain links in the Proven Backup Web site lead to resources maintained by third parties over whom Proven Backup has no control. Proven Backup makes no representations or warranties as to the accuracy of, or any other aspect relating to, those resources.

Privacy Statement

THIS PRIVACY STATEMENT SHALL BE DEEMED ACCEPTED
UPON THE DOWNLOADING AND/OR USE OF PROVEN BACKUP, INC. (PBU) SOFTWARE.

Proven Backup, Inc. Privacy Statement and Agreement

By setting forth this privacy statement, Proven Backup, Inc. (“PBU”) demonstrates a definite commitment to privacy of our customers (“You”), and provides basic information about the information gathering and dissemination practices for this website, as follows:

By registering to use the PBU services and software, you agree (1) to comply with the terms and conditions of this Privacy Policy and (2) that PBU may process (i.e., collect, use, etc.) your Information as described in this Privacy Policy or the User Agreement.  Information may be processed by PBU in the country where it was collected as well as other countries (including the United States), where laws regarding processing of Personal Data may be less stringent.

Information Collected

By separate EULA PBU provides registered users with services like Online Backup, Online Storage, Sharing and Collaboration, over the Internet.  PBU makes such services available under a number of different subscription and payment plans.  Since PBU is a web-based service, it requires the use of various information, including but not limited to, first and last names, passwords, valid email accounts, physical addresses and credit card details to process payments, and to respond to the various demands of our customers (“Information”).  At a minimum, we require this information during the registration process, payment process and the termination process.

Once you register with PBU and sign in to the Service, you are not anonymous to PBU.  Your user names, identities, passwords, email addresses are all visible and utilized by PBU to provide services.  We may use such information to send You periodic updates on PBU and related products.  To fulfill our commitment to make available the best product, we also track, collect, and maintain various additional Information, as follows. 

1. Session Records, including data on connection information, back up information, including the timing and size of all packets sent over the Internet, during a backup session;
2. Surveys, including mandatory member information, volunteer demographic information, to be used on an aggregate basis, for internal market research, joint research projects with other companies involved in product development.
3. File System Information, including file extensions, sizes, and other information about the actual file material being stored;
4. Cookies, including  IP address, and URL information to improve and further develop the Services, and to provide enhanced features to Users, to save User screen names, session validators, and on Your browsers and hard drives, and we may use them to provide tailored products and services to those Users, as they become available.
5. Personal Data, which may include company name, industry, number of employees, phone number, your title, city, state, country, zip code, a user name, confirmed email address, and a password.  We also may record your IP address when you submit information to help us to diagnose problems with our servers, to administer the Service, and to otherwise provide the Services to You.

All such records examples of the data gathered and constitutes Information which may be gathered and used by PBU in the normal course of business.

PBU does not intentionally gather Personal Data about visitors who are under the age of 13.

Use of the Information Gathered

We will not sell or market the Information collected, unless specified herein.

We will not view the files that you backup using the Service; and we will endeavor to keep such data secure and private to all third parties, subject to this agreement;

We may, on occasion, view your file system information (file extensions, sizes etc. but not your file contents) to provide technical support.

All information collected by PBU is used for internal purposes of providing the Service, providing support to You, and to improve such Services.

If you cancel your account, your Information shall be retained in our archive and backup records.

Security and Termination

To protect your account information, please keep your password secure.

PBU uses standard industry security measures to protect against the loss, misuse and alteration of the information under our control.  Although we make good faith efforts to store the information collected and stored by PBU in a secure operating environment that is not available to the public, PBU is not an insurer against loss, and cannot guarantee complete security.   While we take reasonable steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “crackers” and “hackers” from obtaining this information through intentional intervention.

Law Enforcement; Subpoenas

PBU may disclose Information, including the data you back up with the Service, with or without notice in the following limited circumstances:  (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, or (c) at our sole discretion, where we deem it necessary to protect the safety of any individual or the general public or to prevent violation of our User Agreement or the rights of PBU or any third party.

PBU Affiliates

PBU may share all such Information gathered herein with parent companies, affiliates, subsidiaries, joint ventures, or other companies under a common control (collectively, "affiliates"), or other companies which own a controlling stake in PBU, in which case PBU will require our affiliates to honor this Privacy Policy. In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of the Information to such third party, subject to the terms of this Privacy Agreement. 

Disclosures
           
You should be aware that other web-sites visited before entering the PBU  website might place Information within Your URL during a visit to their website, and PBU has no control over such web-sites. Accordingly, some of this information may be logged by PBU.

The PBU website may contain links to other sites that are not under our control. These web sites have their own policies regarding privacy.  You should review those policies before visiting the web sites. We have no responsibility for linked web sites, and we provide these links solely for the convenience and information of our visitors.
           
PBU does not disclose Personal Data to third parties, except to process credit card information for orders.  In the future, however, PBU may need to provide Your Information to other third parties to deliver specific services (such as hosting services or support services).  These third parties will be required to adhere to Safe Harbor Privacy Principles or at a minimum PBU will require the third party to certify they follow privacy protection equal to PBU’s. 

Complaints

If you have a dispute or complaint about privacy, we kindly ask that you attempt first to resolve the issue directly with by emailing us.

European Union Safe Harbor Privacy Principles

PBU has instituted measures and mechanisms to ensure adherence to the European Union Safe Harbor Privacy Principles.  Among other requirements, adherence involves engaging an independent third party to resolve privacy disputes.  If you are a European consumer and feel your privacy dispute or complaint has not been adequately resolved, the Council of Better Business Bureaus has been contracted by PBU to handle complaints that allege a failure to comply with the Safe Harbor Privacy Principles.

Revisions to this Policy

PBU reserves the right in our sole discretion to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification of this policy will be posted on the PBU web-sites, and Your continued use of the Service will signify agreement to such changes.

REGISTRATION OR USE OF THE SERVICE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY

                                               
To opt out, You may cancel Your user account 

View Proven Backup's END USER LICENSE AGREEMENT