SweetLabs, Inc. Privacy Policy

SweetLabs, Inc. (“we” or “SweetLabs”) understands that you care about your privacy, and we take your privacy seriously. To inform you about the ways your information may be collected and used, we have adopted this privacy policy, which describes the types of information we may collect, how we may use such information, with whom we may share such information, the choices you can make, and how you can contact us about our privacy practices.

1. WHAT OUR PRIVACY POLICY COVERS

This Privacy Policy covers our treatment of any information we collect when you are accessing our website(s), including at http://www.opencandy.com and at http://www.sweetlabs.com (our “site” or “sites”). This Privacy Policy also covers our treatment of information we collect when you use any of our services or products, including the OpenCandy recommendation network and the Ignite installation utility, as may be integrated or included in third party products and services. By visiting our sites, or using any of our services or products, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

Please note this policy does not apply to (and we are not responsible for) the practices of companies or products that we do not own or control or to individuals we do not employ or manage, including the practices of third party software that we may be integrated in or included with. When utilizing third party sites or software products, you should read the relevant privacy policies of those third parties for information regarding their privacy practices.

2. SUMMARY OF OUR PRIVACY POLICY

SweetLabs maintains or provides multiple sites, products and services. To better explain what information we collect, and how we use the information we collect, we have broken out our Privacy Policy into the following sections:

Section 3: WHAT WE COLLECT AND WHY. This section explains what information we collect from:

Section 4: HOW WE USE OR SHARE INFORMATION WE HAVE COLLECTED. This section explains how we use your information, and why, as well as if and how we share your information.

Sections 5-10: These sections discuss various topics, including how we protect any information we collect, your rights and choices, our compliance with the Children’s Online Privacy Protection Act, our storage and use of information from users outside the United States, how we may alert you of any changes to this Privacy Policy, and how you can contact us.

3. WHAT WE COLLECT AND WHY

a. USERS RECEIVING RECOMMENDATIONS FROM THE OPENCANDY SOFTWARE NETWORK

If you are a user receiving recommendations through the OpenCandy Software Recommendation Network, we collect the following types of information:

When you install third party software that has chosen to use the OpenCandy Software Recommendation Network, that third party software includes a file that allows for ecommendations to be made as part of the installation and/or uninstallation process of that third party software. During the installation and/or uninstallation process the file transmits anonymous, non-personally identifiable information regarding your computer system, such as the time zone, language setting, software installed on your system including the operating system and default browser, as well as information regarding whether recommended software has been accepted, downloaded, and installed. During the installation and/or uninstallation process, data transmitted by the file may also include your Internet Protocol (IP) address, however, we do not use your Internet Protocol (IP) address other than for deriving geographical information about your computer system, and any such geographical information is only collected, used and stored in anonymous, aggregate form.

We utilize this information to ensure compatibility of recommended software with your computer system, and to help us improve our ability to provide consumers the best product recommendations available. It is also SweetLabs’ policy to require our publisher partners to provide their customers (who receive recommendations from the OpenCandy Software Network) notice of SweetLabs’ end user license terms, including a link to our Privacy Policy.

Please see our FAQs for detailed information about how the recommendation process works.

b. DEVELOPERS AND PUBLISHERS WHO HAVE CREATED AN ACCOUNT WITH THE OPENCANDY SOFTWARE NETWORK

If you are a business partner, such as a software developer or a software publisher, utilizing the OpenCandy Software Recommendation Network and have created an account with OpenCandy, we collect the following types of information:

• Account Information. We collect and maintain all information that you provide to us in connection with the account registration process in order to help us manage your account and communicate with you regarding our products and services.

• Account Access. We collect and maintain login information, including internet protocol addresses, when you access our partner console, in order to help us manage your account.

• Analytics Information. In connection with the installation of publisher software that includes a recommendation from the OpenCandy Network, we collect certain types of statistical and analytics information through our software plug-in regarding the publisher’s end users (as described in the next paragraph) and the performance of recommendations and our overall service, in order to help us optimize that performance.

c. USERS WHO HAVE INSTALLED THIRD PARTY SOFTWARE USING THE IGNITE INSTALLATION UTILITY

If you are a user who has downloaded and installed Third Party Software that uses the Ignite installation utility, we collect the following types of information:

When you download third party software that uses the Ignite installation utility, as part of the download process the Ignite utility is installed on your computer and transmits anonymous, non-personally identifiable information regarding your computer system, such as what third party product was installed using the Ignite utility, the URL of the third party product, the operating system, the Ignite version installed, if Java or .NET was used for the installation, as well as information regarding whether the third party software was successfully downloaded and installed.

We utilize this information to help us improve the performance of the Ignite installation utility and improve and streamline users’ download experience.

Please see our FAQs for detailed information about how the Ignite installation utility works.

d. VISITORS TO OUR SITES

If you are a visitor to our sites, we collect the following types of information:

Cookies. When you visit our sites, we will send you a cookie, which is a small file stored on your computer that allows us to uniquely identify it. We use cookies to help us better understand our users and our product which allows us to improve our service. Where required by applicable law, we obtain your consent for the use of cookies. You may choose to delete or not accept our cookies as described under “Your Rights and Choices” below. If you delete or choose not to accept our cookies, you may not be able to utilize all the features of our products and services.

Logs. When you visit our sites we capture and store the data that your computer or web browser sends us. This data may include your operating system (OS) type, browser type, language, Internet Protocol (IP) address, the date and time of your request and the cookie ID (when you visit our sites) that helps us identify your computer.

Usage Information. Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our sites and its components. We only use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often customers use parts of our sites or services so that we can improve our services performance. We do not use such usage information to identify you, nor do we associate any usage information we collect with any information that may personally identify you, such as a name or address.

Third Party Analytic Tools.. The sites and our products and services may use third party analytic tools that use cookies, web beacons, or other similar information gathering technologies to collect standard internet log information and usage information. The information generated is used to compile statistical reports n user activity. We will never (and will not allow any third party to) use the statistical reports to track or to collect any personal information of visitors to the sites or users of our products and services. We will not associate any information gathered from the statistical reports with any personal information from any source.

Communications; Information You Provide.. Anytime you send us a communication, whether as a post to our sites, through email inquiries, or postings or communications on social media sites or networks such as Facebook or Twitter, we may keep such communications so that we can respond to your requests or inquiries and help improve our services to you. The personal information you provide is used for such purposes as improving the content of our sites,customizing and improving our services, and communicating with you about our services. We may use personal information you provide to communicate with you about specials and new features. We will obtain your consent where required by applicable law. You can opt out from receiving promotional communications at any time by following the unsubscribe instructions described in the email.

Third Party Applications. SweetLabs may make available third party applications through our sites or its services. The information collected by SweetLabs when you enable a third party application is processed under this Privacy Policy. Information collected by the third party application provider is governed by their privacy policies.

Other Sites. This Privacy Policy only applies to our sites and services. We do not exercise control over any sites that our sites, or that a third party application, may link to. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

4. HOW WE SHARE OR USE INFORMATION WE HAVE COLLECTED

a. For Users Receiving Recommendations from the OpenCandy Software Recommendation Network.

We may share with partners the non-personally identifiable, aggregate information collected as part of the installation of third party software powered by the OpenCandy Software Recommendation Network in order to improve the performance of their products on the network. Any information we share is in aggregate, anonymous form. We may also utilize this data to improve our recommendation service and the overall performance of the network. We do not sell or otherwise market this information to third parties.

b. For Registered Developers and Publishers utilizing the OpenCandy Software Recommendation Network.

We may share your personal information with third party agents for the purpose of approving and enabling your participation in our recommendation network. For example, processing and approving your payments, email, analyzing data, and providing partner or customer services. Unless we tell you differently, our agents do not have any right to use personal information we share with them beyond what is necessary to assist us.

c. For Users who have downloaded and installed the Ignite installation utility.

We may share with partners the non-personally identifiable, aggregate information collected as part of the installation of third party software using the Ignite installation utility in order to improve the performance of their products. Any information we share is in aggregate, anonymous form. We may also utilize this data to improve the performance of the Ignite installation utility. We do not sell or otherwise market this information to third parties.

d. For all Personal Information and other Information we Collect. We may also share or use your personal information or other information as follows:

Protection of SweetLabs and Others. We may share your personal information and other information if we have a good faith belief that it is required to: (1) comply with law, regulation, subpoena or court order; (2) detect, prevent or otherwise address fraud, security or technical issues; (3) enforce the provisions of this Privacy Policy and/or any other agreements between you and SweetLabs, including investigation of potential violations thereof; or (4) protect against harm to the rights, property or safety of SweetLabs, its visitors, users and/or the public.

Business Transfers. If SweetLabs or substantially all of its assets were acquired, or in the unlikely event that SweetLabs goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. Accordingly, we may transfer or assign all the information we have collected as part of a merger, acquisition, sale or other change of control. You acknowledge that such transfers may occur, and that any acquiror may continue to use your personal information and other information as set forth in this policy.

Usage Information. We may share your usage information with partners and other third parties for the purpose of helping us improve our recommendations and the overall performance of our service. For example, we may utilize data to determine the probability that a consumer will enjoy a specific product. We do not authorize these partners and other third parties to use or disclose the information except as necessary to perform certain services on our behalf or comply with legal requirements. We require them by contract to appropriately safeguard the privacy and security of the information they process in assisting us.

With Your Consent. Except as set forth above, we will only share your personal information with third parties with your prior consent. If our business practices change in a way that we would need to share your personal information for purposes that are not compatible with the purposes for which we collected the information, we will ask for your additional consent.

5. INFORMATION SECURITY

We endeavor to take reasonable and appropriate security measures to guard against unauthorized access to the systems where we store your personal information. This includes technical and organizational measures such as internal reviews of our data collection, storage, and processing practices and security measures, as well as physical and electronic security measures in compliance with applicable security requirements. In addition, we authorize access to personal information only for those of our employees who require it to fulfill their job requirements. However, despite the measures we take we cannot warrant the security of any information provided to us.

6. RIGHTS AND CHOICES

Through the process provided on our sites, we allow you to access certain information about you for the purpose of viewing, and in certain situations, updating that information. The types of information that you can access and update may change as our sites change. You may contact us as set forth in the “Contact” section below to request access to, or update, your personal information.

You may request deletion of your SweetLabs account by sending an email to license@opencandy.com and responding affirmatively to any confirmation emails that we may send. Please note that some information may remain in our records after deletion of your account.

If you are a user of our sites, you also have the choice to stop accepting new cookies, to be notified when you receive a new cookie, and to disable existing cookies by using the privacy settings of your browser. All major browsers allow you to block or delete cookies from your system. Please refer to the help section of your web browser for more information.

Where we have requested your consent to use or share your personal information, you have the right to withdraw such consent, however, you may no longer be able to benefit from certain products and services. In addition, you may opt-out from receiving marketing communications from us, for example, by clicking on the relevant link included in such e-mail communications.

7. CHILDREN’S ONLINE PRIVACY PROTECTION ACT

In compliance with the Children’s Online Privacy Protection Act (“COPPA”), We will not knowingly collect information about children under the age of 13. We encourage parents and guardians to be familiar with the web sites that their children visit. The Federal Trade Commission (“FTC”) regulates the collection and use of personal information from children under 13, pursuant to COPPA. For more information you may visit the FTC’s website at www.ftc.gov/privacy.

8. TRANSFERS

Our sites, services and products are hosted by servers located in the United States. If you are located outside the United States, your information will be transferred to our servers in the United States. The United States may not have the same privacy and data protection laws as the country in which you are located when you are using our products and services. When we transfer your information to the United States, we will protect that information as described in this Privacy Policy. If you are located in the European Economic Area, or other regions of the world with laws governing international data transfers, we comply with applicable legal requirements such as to ensure adequate protection for data transfers. By visiting our sites, or using any of our services or products, you consent to the transfer, storage and use of your information in the United States.

9. POLICY CHANGES

We may make changes to this policy from time to time. If we make changes in the way we use personal information, we will notify you by posting an announcement on our site or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses our site or services after such changes have been first posted, or in the case of substantial changes, 30 days upon posting those changes.

10. CONTACT

SweetLabs, Inc. is the entity responsible for the processing of your personal information under this Privacy Policy. SweetLabs, Inc. is not responsible for the practices of any third party whose services and products you may use. If you have feedback, questions or concerns about this Privacy Policy, contact us at Privacy, c/o SweetLabs, Inc., 510 Market Street, Suite 301, San Diego, CA 92101 or email us at license@opencandy.com.



Effective Date of this Privacy Policy: July 22, 2014