Privacy policy

Version: 1.8, available online since: October 23, 2007


 

1. element 5 Privacy Statement

Protecting your data is very important to us. We would like to ensure that you have a pleasant shopping experience and that we can welcome you back for future software purchases. That's why we have implemented security and privacy regulations that are binding for our company and affiliated companies to ensure the best possible protection for your data when you make purchases on the element 5 website.

We need certain types of information to complete your order and to authorize payment. However, we do not collect or save any personal data without your knowledge or prior approval.

Personal data is any information that can be used to determine your identity. This includes information such as your actual name, e-mail address, mailing address and phone number. Information that cannot be directly associated with your real identity (such as favorite websites or the number of site users) is not considered personal.

Please note that this Statement only applies to services we offer on the http://www.element5.de / http://www.element5.com websites.

These terms and conditions become effective on October 23, 2007 and apply to element 5, an Digital River GmbH service, its website(s) and affiliated companies. All employees of the company and affiliated companies are bound by these terms and conditions.

Company:   Digital River GmbH
Address: Scheidtweilerstr. 4
City: 50933 Cologne
Germany
 
URL: http://www.element5.com,
http://www.element5.de,
http://www.element5.info
Server location: Germany

Links
Our websites contain references (links) to third-party websites. Data collected on third-party websites are subject to the third-party's privacy regulations. We are not responsible for complying with the third-party's privacy regulations, nor are we responsible for handling this data. Customers who make their information accessible to a third party should read the third party's privacy statement.

2. About element 5

Today's information and communication technologies are a central part of element 5's business activities. element 5 is a service offered by Digital River GmbH, an internationally oriented company. Our company is headquartered in Cologne, Germany. Our primary purpose of business is online electronic software distribution (ESD) for software publishers.
Protecting your personal data is an extremely important aspect of all of our business areas and processes, both online and offline.

3. Data collection, storage, and processing

You can access and retrieve information from element 5's website without having to enter personal data. We collect personal data only with your knowledge and prior approval. When we collect data, it is voluntary for registration, order and survey purposes using forms, or via e-mail.

To process your order, we ask for your name, billing address, delivery address, e-mail address and your payment information, such as credit card or bank data. This allows us to process your order and submit it to the publisher, and protects you from fraudulent use of your credit card. In case of problems processing your order, we can contact you using this information.
In your order record, we store your messages addressed to us, such as e-mail and fax messages, and we also store our messages to you. This information is used to constantly analyze and improve our customer service and for protection against fraud. In due time, this information will be blocked or deleted, as permitted by law. In addition to this information, for security reasons, each time you access our server, our server and your browser automatically transmit, record and save data which possibly permit identification (such as the IP (Internet Protocol) address of the system you are using to access our website; the IP address of the website that referred you; your browser type, date and time). This information will not be processed on a personal basis.
We reserve the right to make data anonymous and prepare statistical evaluations that do not allow personal inferences to be drawn. These evaluations are made available to advertising clients. In addition, these evaluations are used for marketing, promotion and other purposes. We will never make available information that allows personal identification of individuals.

Cookies
"Cookies" are small data files that are temporarily stored in a designated file in your browser. You can decline cookies at any time if your browser allows you do this. Depending on your browser's settings, you will receive a notification that our server wants to place a cookie with a particular lifespan on your computer. However, we would like to point out that it will be difficult for you to use our order system if you decline functional cookies (registered customer and shopping cart function).
Cookies allow you to experience faster and more convenient shopping processes (e.g. by using the Express Checkout feature).
The following data will be stored in our cookies: Your session data (session ID, random key), your user name (which can contain personal data), and the language and currency you select.
Whenever our cookies contain personal data, we expressly inform you and ask for your consent (opt-in) before saving the cookie to your computer.

4. Security

We have established technologies and security regulations and procedures to protect your personal information that is under our control. We protect this information from unauthorized access, usage, modification, and illegal or accidental loss. Our servers employ a variety of security mechanisms and authorization processes to hamper unauthorized access.
The order process is protected by a Secure Socket Layer (SSL) connection. All of the data entered on protected pages is encrypted using the 128 Bit SSL (Secure Socket Layer) protocol and transmitted to the recipient via a secure connection. The data can only be read once it is received.
We save your information on specifically protected servers in Germany. Only a few, specially authorized individuals who deal with technical, commercial or editorial server maintenance are granted access to the servers. All company employees who have access to personal customer data are obligated to handle and use this information in an entirely confidential manner.
Every quarter, and every time these regulations are modified, we emphasize to our employees the importance of adhering to the privacy regulations and what they can do to protect customer data.

5. Electronic Newsletters

You have the option of receiving advertisements or marketing related information from our website or our company by activating a check box displayed during the order processs or by signing up for this service on our website and entering your e-mail address. We will only send you additional information if you expressly ask for it.
You can opt out of this service at any time by clicking on the Unsubscribe link that is included at the end of each advertising e-mail. You will automatically be unsubscribed from this service and will receive no further messages.

6. Data Sharing

We will share your personal data only with our affiliated and associated companies directly involved in order processing, as well as with the product vendor. These persons are legally and/or contractually obligated to use this data only for the purposes of reviewing and performing contracts and providing technical support, if offered by the vendor. Use of the data beyond these parameters is not permitted.
In some cases, personally identifiable information will be shared with, or made accessible to publishers, licensors and/or suppliers located in the United States of America or in a country outside of the European Economic Area (EEA).
Please note that the European Union to date has rejected the data protection levels in the U.S. and other non-EEA countries (with the exception of Switzerland, Argentina, and Canada) as being inadequate in accordance with the EU Data Protection Directive (95/46/EC).
We assure you that we will not share, sell, or rent your personal data to third parties, unless

  1. we have obtained your express written consent, or
  2. we are legally obligated to share this information. This may be necessary for investigations into abuses of our services, or for general legal action. In these cases, personal data will be made available to prosecuting authorities and, if necessary, to injured third parties. This also applies if the user relationship has been terminated. However, we will only share this information if we are provided with justified and documented indication of abuse of our services.

Your payment information will be treated as strictly confidential and will not be shared with third parties uninvolved in payment processing, nor with the vendor, unless we are legally obligated to do so.

7. Information about Stored Data

Of course, you can always correct possible data entry errors during the order process as often as necessary before submitting your order. You can view order data you have entered at any time by going to the My Account area. Please click here.
Currently, outdated information can only be updated by our service team. Please click here to contact us.

8. Privacy regulation changes

To keep up with the rapid development of the Internet, our privacy regulations need to be adjusted from time to time. You will find information about any changes here. By continuing to use our services, you agree to accept the changes to our privacy regulations.
To enable you to review any changes, you will continue to have access to the old regulations. We will maintain a link to our old Privacy Statement next to the new Privacy Statement on our website.
If you have questions, suggestions, or comments concerning data privacy, please send an e-mail to the company's data protection officer at privacy@element5.com.


 

 
© Digital River, Inc. | Digital River® is a registered trademark of Digital River, Inc. | www.digitalriver.com

About Digital River, Inc.
Digital River, Inc., a global leader in e-commerce outsourcing, builds and manages online businesses for more than 40,000 software publishers, manufacturers, distributors and online retailers. Its multi-channel e-commerce solution, which supports both direct and indirect sales, is designed to help companies of all sizes maximize online revenues as well as reduce the costs and risks of running an e-commerce operation. The company's comprehensive platform offers site development and hosting, order management, fraud prevention, export controls, tax management, physical and digital product fulfillment, multi-lingual customer service, advanced reporting and strategic marketing services.

Founded in 1994, Digital River is headquartered in Minneapolis with offices in major U.S. cities as well as Cologne, Germany; London, England; Shannon, Ireland; Luxembourg, Luxembourg; Taipei, Taiwan; and Tokyo, Japan. For more details about Digital River, visit the corporate Web site at www.digitalriver.com or call 952-253-1234.