PowerPromote.com and DigitalWaveMedia.com Privacy Policy PowerPromote.com (hereinafter referred to as "PPC", and/or "us" and/or "we") Online Privacy Policy Please read this document and make sure you understand it. PPC has established this Privacy Policy to explain how it protects and manages the personal information that it collects from you. Consent for Collection, Use and Disclosure Your use of the PowerPromote.com website pages, software, and services and/or your registration for PPC products and services, including, but not limited to, DigitalWaveMedia.com website, constitute your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the PPC sites. By continuing to use the PowerPromote.com and/or DigitalWaveMedia.com website pages, software, and services you will be deemed to have accepted this Privacy Policy. PPC may occasionally update this Privacy Policy. When it does, PPC will also revise the "last update" date at the top of this Privacy Policy. In addition, PPC will seek a customer's prior consent, by email, for any new uses or proposed disclosures of information collected from the customer prior to the change. PPC will notify customers by email of changes to this policy that will affect information collected from them in the future. In certain circumstances, however, PPC will not inform and obtain the consent of the customer, such as in connection with an investigation of a breach of an agreement, contravention of laws, an emergency where the life, health or security of an individual is threatened, the collection of a debt or in compliance with the request of a law enforcement agency or a court order. A customer may withdraw his or her consent for collection, use and disclosure at any time by sending an email to DWMsupport@gmail.com. Please note that, if you do, PPC may suspend its provision of products and services to you. Accountability PPC collects, at the time of your registration and your sign-on or login to its web sites, certain "personal information" (information that personally identifies you) including but not limited to your name, email address, home or work address, telephone number, and information about your computer hardware and software (e.g., IP address, operating system, browser type, domain name, URL, access times, and referring web site addresses) in exchange for the use of our websites and services. You agree that upon your registration, sign-on, or login on to any of our sites that a business relationship has been established between you and PPC. PPC has implemented this Privacy Policy to protect personal information received from its subscribers, users, visitors, and customers (collectively referred to herein as "customer" and/or "you"), and to respond to any inquiries. The Privacy Policy also provides that PPC will use appropriate contractual means to establish a comparable level of protection for personal information which is sent for processing by third parties on PPC's behalf. PPC has designated responsibility for your personal information to its Privacy Officer, who ensures compliance with the principles in this Privacy Policy. Other PPC individuals may be delegated to act on behalf of the Privacy Officer. Purposes for Collecting Personal Information PPC collects and uses personal information for the following Identified Purposes: (a) to understand customer needs regarding PPC's services; (b) to develop and provide our web sites and our products and services for our customers; (c) to fulfill your requests for products, services or information; (d) to communicate with customers, when necessary, and to inform customers of upgrades, as well as of other products and services available from PPC, its affiliates and third parties; (e) to allow customers to access limited-entry areas of PPC's site; (f) to personalize some of our services and products for you and to deliver targeted advertisements and offers from PPC and third parties; (g) to bill accounts and maintain payment records; (h) to comply with any applicable law, regulation, legal process or government request; (i) to respond to a legitimate claim, or to address our reasonable belief, that you are violating the rights of any third party or any of the agreements or policies that govern your use of the PPC site or any PPC product or service; (j) to protect the services, products or rights of PPC, including but not limited to the security or integrity of the PPC site; and (k) to identify and resolve technical problems concerning PPC's site, products and services. PPC also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes. If we hire other companies to provide some products or services on our behalf, then we will only provide those companies the personal information they need for the Identified Purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us. We automatically collect IP addresses and Web site usage information from you when you access any of our online services. This information helps us evaluate how our visitors and subscribers use and navigate our Web sites on an aggregate basis, including but not limited to the number and frequency of visitors and subscribers to each web page, and the length of their visits. In order to use all the features of our websites and participate in our DigitalWaveMedia Affiliate Program, you are required to complete a registration form. During registration you are required to give your contact information (such as name, email address, phone number). We do not knowingly collect personal information from persons under the age of eighteen. This information is stored on our servers as well as third party servers and your personally identifiable information is used to inform you of products or services available from PowerPromote.com and companies we do business with. Opt-out Requests Customers who no longer wish to receive our promotional materials and those of our partners may opt-out of receiving these communications by following the instructions at the end of each email you receive from us or by sending an opt-out request to DWMSupport@GMAIL.com Updating Personal Information The personally identifiable information we collect about you is stored in limited access servers. We maintain safeguards to protect the security of these servers and your personally identifiable information, but make no warranty as to the adequacy of security maintained. We do not provide a mechanism to update or change a customer's personally identifiable information. If you no longer desire our service, we ask you to opt-out of our mailings, remove all PPC software from your computer, and discontinue the use of our Web sites and services. Applicable Law Regardless of the place of contracting, place of performance, or otherwise, this agreement, and all amendments, modifications, alterations, appendices, or supplements thereto, shall be governed by the laws of the State of Louisiana, as to the nature, validity, and interpretation thereof and the parties hereby consent to the exclusive jurisdiction of the Parish of East Baton Rouge, State of Louisiana. Arbitration Any claim or controversy arising out of or related to this Agreement, or the products or services we provide and/or distribute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude PPC from seeking any injunctive relief for protection of PPC's intellectual property rights. Successor Agreements The terms of this Agreement and/or the PPC Privacy Policy and/or the privacy policy of select third parties for whom we distribute applications may change in the future. The terms that pertain to the Privacy Policy are listed above in that section. If this occurs, assuming that PPC has a current and effective email address for you, PPC will provide to you notification of Agreement and/or Privacy Policy and/or third-party privacy policy change information via email or through an online pop-up window. If you have opted out of receiving optional PPC email communications you may still get this notification via a Service Alert email. PPC will also post such changes on this Privacy page of our web site. You agree that after such notice, that you consent to the successor Agreement, unless you affirmatively indicate to PPC by email that you do not accept the successor Agreement. If you do not accept the successor Agreement, you should remove the relevant PPC software component from your computer. Failure to remove the relevant PPC software from your computer indicates acceptance of the terms of the Agreement and any successor Agreements. Except as provided in this section, this Agreement may not be revised except in writing signed by both parties. U.S. Government Restricted Rights PPC software are provided with Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. 52.227-19, as applicable. General This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, sets forth the entire understanding and agreement between you and PPC with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. PPC shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of PPC. You may not assign this Agreement without our consent. Policy Modifications We may change this Privacy Policy from time to time. We will post any changes here, so be sure to check back periodically.