Effective Date: March 30, 2010

USE OF THIS WEB SITE OR THE WEB SITES OF OUR CUSTOMERS SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY
 
Your Privacy
This privacy statement (this "Statement") describes the types of information that RumbaFish Technologies, Inc. ("RumbaFish" or "we") collects from users of the Web sites we own and operate, including our corporate Web site (www.rumbafish.com) and the Web sites that our Customers (each, a "Customer") use to access the services we provide to them (the "Services"). This Statement also contains our end user ("User") opt-out mechanism.  Unless otherwise provided in this Statement, this Statement does not cover our offline data practices.
 
This Statement is effective as of the date set forth above.  We encourage you to check this Statement from time to time. If we make material changes that will affect any personally identifiable information that we have already collected from you, we will make reasonable efforts to notify you of the changes and to give you the opportunity to opt out.  Your continued use of this Web site constitutes your acceptance of the current posted privacy policy.  If you have questions about our privacy policy, please contact us at the address set forth below.
 
Privacy Policy for the RumbaFish Web Sites
You can visit and navigate through our main, corporate Web site (www.rumbafish.com) to gather information about our company and Services without telling us who you are and without revealing any personal information.  We can, however, collect certain anonymous information from your visit to our corporate Web site as described in the "Cookies and Passive Data Collection" section below.  If you are a Customer, you will be required to enter certain information that can identify you personally (such as username and password) in order to access our password protected applications available through the RumbaFish web site (www.rumbafish.com).

You may wish to request information about our Services or our company.  In order to facilitate the distribution of this content, you will be asked to provide information that could identify you personally, such as your name, company, title, phone number, email address, site name, URL, and/or address.  Based on the nature of your request, RumbaFish may also ask for additional information, such as number of page views your site receives, how you anticipate you will make use of our Services, and how you heard about us.  Again, all of this information is provided by you on a voluntary basis only and is not required in order for you to use and enjoy our corporate Web site.

RumbaFish may use the information that you provide to us to contact you to further discuss your interest in our company and our Services, and to send information regarding our company or partners (such as marketing promotions and events). This information may also be used to improve the Services we provide you.  The information is collected and stored in a manner that is appropriate for the nature of the data that we collect and the need to fulfill your request.  This information is not shared with third parties for their own use, unless you specifically authorize such sharing.

When we are contacted via email, we answer by sending an email response to the sender.  We also store the email we receive for archival purposes and for our own marketing purposes if we feel that it is consistent with the nature of the inquiry.  We will not use return email addresses for any other purpose unless you give us permission to do so.

We may in connection with our Web sites use the services of third parties (i.e., technology consultants, CRM vendors, etc.), who may, in the course of providing services to us, be given access to the information you have provided to us. Each of these service providers is contractually obligated to provide services to us in a manner consistent with this Statement.

Our Web sites may contain links to other Web sites, such as those of our Customers and partners. RumbaFish is not responsible for the privacy practices or the content of such Web sites.  We encourage all Users to read the privacy policies of each and every Web site visited when linking directly from the RumbaFish Web sites.  Other companies, known as third-party ad servers, may also be allowed to display advertisements on the RumbaFish Web sites.  Ad servers may also use these tools to compile information about where Users saw particular advertisements, and to determine which ads were clicked.

RumbaFish's Web site(s) are not intended to nor do they seek to receive information from children under the age of 13.
 
RumbaFish Provision of Services to Customers
RumbaFish is an application services provider, meaning that we host a software application that our Customers access via the worldwide web.  RumbaFish requests its Customers to comply with their internal terms of service and privacy policies that govern their information collection practices. You should familiarize yourself with the privacy practices of any Web site you visit to understand what information the Web site collects, how the information is used, what choices you have, how to access the information and how it is safeguarded.
 
Company Data
Each of our Customers understands that in the course of providing Services to it, we collect or receive information about the customers of our Customers, also known as Users ("Company Data").  Some Company Data is received by us directly from the User's Web browser as described in the "Cookies and Passive Date Collection" section below.  To combat online fraud, the IP address of the User may be recorded when submitting such information.

Company Data may also include personally identifiable information that is affirmatively and voluntarily provided to our Customer by a User.  This information may include first and last name, email address, mailing address, telephone number, and other information that can identify the User. We will use the personally identifiable User information for the purposes of providing the Services to our Customer.  For example, email addresses of Users may be used to send notification of promotions being run by our Customer. RumbaFish will not sell, market, or distribute the personally identifiable information of Users in any way to third parties, except as specifically provided for in the section below entitled "Law Enforcement."  Any User may decline to share his or her personally identifiable information by simply choosing not to participate in the programs being provided by RumbaFish and/or our Customer.  Alternatively, any User may elect to remove any such information from our database by contacting us at gofish@rumbafish.com and providing us with the name of the Web site(s) to which they submitted such information.

RumbaFish keeps all Company Data strictly confidential, and we do not permit access to Company Data except as directed by our Customer.  All Company Data is stored and handled separately for each Customer.  We do not share or commingle Company Data between or among our Customers. RumbaFish does anonymously compile aggregated statistics from Company Data from its Customers for a variety of internal marketing purposes. Such purposes include determining appropriate levels of hardware and numbers of employees that will be needed to provide Services to its Customer base and reporting numbers of Customers, Users and/or Web sites that use the Services. RumbaFish may also offer its Customers access to this aggregated data in connection with the Services it offers to them.  However, this aggregated data is not used in any way that can identify an individual Customer, User or person.
 
Address Book Contact Data
As a convenience to our Customers’ Users that utilize major email clients (such as but not limited to Hotmail, Yahoo!, MSN Outlook, AOL, and Gmail), we may allow such Users to access their existing email address books through the Web site of our Customer as part of the Services provided to that Customer.  This access is accomplished via an address book contact importer application program interface that our Customer licenses from us.  Use of this tool makes it faster and easier for Users to make communications with other persons and, for example, share the offers of our Customers with other persons and earn potential rewards.  We take the following steps to protect the privacy of Users who access their email address book data and of the people listed in their email address books, including those Users that access this functionality on a demonstration or trial basis.
           
Protection of login and password information
Each User must enter her email username and password into RumbaFish's Web site in order to access her address book(s).  During the login process, the username and password data is held in a temporary file, which is erased as soon as the process has been completed or terminated.  We do not keep any records of usernames or passwords, nor do we allow others to access any User's username or password information.
 
Protection of email addresses
We are committed to protecting the privacy of Users and those persons with whom they communicate.  We do not record or store any personally identifying information contained in address books, nor do we allow others to do so.  Users are responsible for choosing the email addresses to which communications will be sent by selecting individual email addresses before sending the communications.
 
Email addresses not selected
Unless selected by a User in connection with a Customer's campaign or promotion as described above, we will not send email communications to any email addresses in a User's email address book.
 
Non-identifying Data
We may aggregate and maintain records of email addresses that our Customers enter into our systems while using our Services and of the contents of email address books accessed through the process described in the "Address Book Contact Data" section.  We will not extract or attempt to extract any personally identifiable information from these records.  We use this information to improve the quality of the Services and for statistical purposes.
 
Cookies and Passive Data Collection
On the RumbaFish Web sites and the Web sites of our Customers, we log standard User information and click-stream data for all Users, including a User's IP address, operating system, and page views.  When Users visit particular pages within the RumbaFish Web sites or our Customers' Web sites, a User ID may be placed in the URL, allowing customized features for the Users.

RumbaFish also uses a variety of technologies to create a more personalized experience for Users.  Cookies are small data files sent by Web sites to a User's browser and hard drive that identify the computer to the Web site.  Cookies may be used to provide enhanced features, such as allowing registered Users to bypass typing their passwords before entering a Web site. Cookies may also be used to enable customizable content for Users.  Users have the option to adjust the privacy settings on their Internet browsers to disable cookies, but doing so may not allow a User to optimally use any Web site, including the RumbaFish Web sites and our Customer's Web sites.

Pixel tags are tiny graphic files that are included in HTML-encoded email messages.  Pixel tags may be used by us to gather information about the emails sent to Users, such as the number of people who open the email messages.

Web pages within the RumbaFish Web sites and the Web sites of our Customers may also contain similar pixel tags that allow us to count Users who have visited those pages, to compile aggregated statistics about site usage, and to deliver co-branded services as they become available.

RumbaFish may use cookie, IP address, URL information, and pixel tags to improve the content of the RumbaFish Web sites and the Web sites of our Customers, the quality of RumbaFish servers, and to provide enhanced features to Users, where available.  We may use cookies to save User IDs and session validators on Users' browsers and hard drives, and may use them to provide tailored products or services to those Users, as they become available.

IP Addresses also help us to diagnose problems with our server, administer the RumbaFish Web sites and the Web sites of our Customers, and otherwise provide the Services.  From time to time we may extend offers from various partner companies, including news or additional details on products and services.

We may also produce aggregate reports for advertisers or for Customers.  For example, we may report to Customers/advertisers the number of Users who clicked on an ad, or the number of Users that visited different portions of a RumbaFish Web site or a Web site of our Customer.  This information will not include personally identifiable information about a User or any specific User's online usage patterns.
 
Social Pages, Blogs, Message Boards and Chat
RumbaFish may at times offer Users the option to post content to a social page, blog, message board, or chat room.  In order to do so, Users may be required to provide personally identifiable information.  Users should be aware that any visitor may read their postings on a social page, blog, message board or in a chat room. Furthermore, any information that a User may post to a social page, blog, message board or in a chat room, including their profile information, is available to all Users of that message board or chat room, and thus neither private nor confidential.

RumbaFish cannot guarantee the security of any information that is disclosed or communicated online in public areas such as social pages, blogs, message boards and chat rooms, and Users do so at their own risk.  RumbaFish reserves the right at any time, in its sole discretion, to remove any content that a User may post on any blog, message board or chat room and restrict their access to any blog, message board or chat room.  RumbaFish further reserves the right to republish User postings from blogs, message boards or chat rooms elsewhere on the Internet in any format.
 
Surveys and Contests
At various times we may offer surveys or contests to Users for entertainment or marketing purposes.  Surveys may ask for contact information or unique identifying information to increase the value of the results.  Contests may require contact information or other demographic or personally identifiable information in order to determine eligibility.  RumbaFish uses information collected from surveys and contests for the entertainment and informational purposes of Users, and to notify and contact winners of various contests.
 
Law Enforcement
RumbaFish may disclose personally identifiable User information or any other information or data it collects pursuant to a subpoena or other judicial or administrative order, when required by law, or at our sole discretion, when we deem necessary to protect the safety of any individual or the public, or to prevent the violation of the rights of RumbaFish, our Customers, or any third party.
 
Security
RumbaFish uses industry standard security measures to protect the loss, misuse and alteration of the information under our control, including the Company Data. Although we make good faith efforts to store the information collected on the RumbaFish Web sites and the Web sites of our Customers in a secure operating environment that is not available to the public, we cannot guarantee complete security.  Further, while we make commercially reasonable efforts consistent with prevailing industry standards to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
 
Updating or Removing User Information
Users may, at any time, choose to correct, update, or remove any of the information they have submitted to us by informing us at gofish@rumbafish.com of whatever corrections, updates, or removal(s) need to be made.
 
Opt-Out
Any person receiving an email message from RumbaFish or one of our Customers has the opportunity to opt out of receiving future messages, simply by following the opt-out instructions provided in the message.  Alternatively, any person has the opportunity to opt out of receiving future messages by contacting us at gofish@rumbafish.com and indicating the Customer from whom they would like to stop receiving messages.
 
No Spam Policy
RumbaFish is opposed to spam and fully supports and aims to comply with the requirements of the federal CAN-SPAM Act as amended.  RumbaFish also asks each of its Customers to comply with all laws applicable to its use of the services provided by RumbaFish.
 
Change of Ownership
In the event of a change in ownership, direct merger, acquisition by or consolidation with another entity or any other event modifying RumbaFish’s ownership structure, we reserve the right to transfer all User information (including but not limited to email addresses), to a RumbaFish-related entity or a third party involved in the ownership change.  All Users will be notified of any such occurrence, and may choose to modify any of their User information at that time.
 
Revisions to This Policy
RumbaFish reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner.  Notice of any such revision, amendment, or modification will be posted on the RumbaFish Web site at www.rumbafish.com, and a User's continued use of the RumbaFish Web sites or those of our Customers will signify agreement to such changes.
 
Contacting RumbaFish
If you have any questions or concerns about this Privacy Policy and any of the aforementioned statements, you may contact RumbaFish at gofish@rumbafish.com or at:
RumbaFish Technologies, Inc.
5 Palo Alto Square, 6th Floor
Palo Alto, CA 94306-2155
Fax:  (206) 984-1721