(a) Traffic Data Collected. VisualDx automatically gathers general statistical information about visitors to the Sites and users of the Software. Accordingly, VisualDx may automatically track and collect certain technical information from you when you visit the Sites or use the Software. This may include: (i) your IP address; (ii) your domain server; (iii) your type of computer; (iv) your type of browser; (v) the pages you viewed; and (vi) the products and services you purchased or licensed (collectively “Traffic Data”). Traffic Data is anonymous information which does not personally identify you, but which may be used for improving your experience on the Sites or using the Software. Traffic Data may be provided to third parties. VisualDx may also use “cookies” for specific purposes such as customizing content specific to your interests, or storing your password so that you do not have to re-enter it each time you visit the Sites or use the Software. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Preference and options configurations in your browser determine if, and how, a cookie will be accepted. You can change those configurations on your computer if you desire. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to re-enter your information more often and certain features of the Sites and the Software may be unavailable.

(b) Personal Information Collected. In order for you to access certain areas of the Sites, to use the Software, to have a VisualDx account, to receive certain services, or to purchase, license, or use products or services that VisualDx offers via the Sites, VisualDx may require you to provide us with information that personally identifies you (“Personal Information”). Personal Information may include, without limitation: (i) contact data such as your name, mailing address, email address, and telephone number (“Contact Data”); (ii) financial data such as your account or credit card number (“Financial Data”); and (iii) demographic data such as your zip code (“Demographic Data”).

VisualDx uses Traffic Data to improve our marketing and promotional efforts, to analyze usage of the Sites and the Software, to improve our content and product and service offerings, and to customize the Sites’ and the Software’s content, layout, and services. We may also use Traffic Data to help diagnose problems with our server, to manage the Sites and the Software, and to enhance the Sites and the Software based on the usage pattern data we receive. VisualDx uses Contact Data to send you our newsletter, online surveys, information about VisualDx and its products and services, and promotional material from some of our partners. We may also use your Personal Information to deliver information to you that, in some cases, is targeted to your interests, such as new products, services, and promotions. We may also ask you to voluntarily provide us with additional information regarding your personal or business interests, experience, or requests which we may use to customize our services for you. VisualDx may also use your Contact Data to contact you (via email, mail, telephone, or otherwise) when necessary or to advise you about VisualDx, our partners, events, your VisualDx account, new product and service offerings, and communications relevant to your use of the Sites and the Software. VisualDx will use your Contact Data and your Financial Data to bill you for products and services that have been purchased or licensed by you. VisualDx may use your Demographic Data to customize and tailor your experience on the Sites and using the Software, displaying content that VisualDx thinks you might be interested in and according to your preferences. If you communicate with us by telephone, fax, mail, email, or otherwise communicate with us in any manner for any reason, or otherwise submit or post information or messages on the Sites, or purchase, license, or use products or services offered by us, any Personal Information provided in such communications or related to such licenses, purchases, or use may be collected by us as Personal Information and you expressly consent to the use of your Personal Information in accordance with the terms of this Privacy Policy.

VisualDx respects your privacy and is committed to protecting it as set forth in this Privacy Policy. Except as otherwise provided in this Privacy Policy or any VisualDx EULA (as defined below), VisualDx will keep your Personal Information private and will not disclose it to third parties without your prior consent, unless we believe in good faith that such disclosure is reasonably necessary or appropriate: (a) to comply with a court order or other legal process; (b) in connection with any legal proceeding or prospective legal proceeding; (c) in order to establish, exercise, protect, or enforce the rights of VisualDx or others (including, without limitation, for purposes of fraud prevention); (d) to enforce VisualDx’s Website Terms of Use (as defined below) or the VisualDx EULAs; or (e) to protect against imminent harm to the property or safety of VisualDx, our customers, or the public. Notwithstanding anything in this Privacy Policy to the contrary, we may share Traffic Data and Demographic Data with advertisers and other third parties and may share your Contact Data and Financial Data with third parties for the purpose of executing financial transactions between you and VisualDx that have been authorized by you. Any Traffic Data and Demographic Data we share with advertisers and other third parties is not linked to any Personal Information and cannot identify any individual person. Furthermore, notwithstanding anything in this Privacy Policy to the contrary: (a) we may share your Personal Information (including, without limitation, your Contact Data and Financial Data) with our employees or third parties who have a need to know your Personal Information (including, without limitation, your Contact Data and Financial Data) in connection with providing you with the products and services purchased, licensed, or used by you from us, provided that such employees or third parties have agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information; and (b) in the event that VisualDx sells or is contemplating selling all or a portion of its business or assets in any manner whatsoever, VisualDx reserves the right to disclose and/or transfer your Personal Information (including, without limitation, your Contact Data and Financial Data) to the purchaser or prospective purchaser in connection with such acquisition, provided that such purchaser or prospective purchaser has agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information.

VisualDx employs reasonable and current technical and organizational security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of Personal Information. Your Personal Information is stored on secure servers that are kept in a physically secure environment. In addition, we will provide you with the capability to transmit your Personal Information online via secured and encrypted channels if you use a similarly equipped web browser. Furthermore, access to your Personal Information in our offices is restricted. Only employees or third parties who have a need to know your Personal Information in connection with providing you with the products and services purchased, licensed, or used by you from us are granted access to your Personal Information, provided that such employees or third parties have agreed to comply with the restrictions on use and disclosure contained in this Privacy Policy with respect to such Personal Information. Your VisualDx account is password protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. Remember to sign out of your account and to close your browser window when you have finished your session. This is to help ensure that others cannot access your Personal Information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it. Despite our commitment to protecting the privacy of your Personal Information, no data transmission over the Internet, wireless network, or otherwise can be guaranteed to be perfectly secure. As a result, we cannot guaranty the security of any Personal Information you transmit to us and you do so at your own risk.

We may delete or otherwise dispose of any or all of your Personal Information, whether stored electronically or in paper form, at any time without notice. In the event that we do so, we will delete or dispose of your Personal Information in a manner that employs reasonable and current technical and organizational security methods to prevent any unauthorized access to your Personal Information.

You may choose not to provide us with any Personal Information. However, you will not be able to access and use those portions of the Sites and Software that require your Personal Information. If you do not wish to receive information and promotional materials from us, you may select the appropriate “opt-out” option each time we ask you for Personal Information or by contacting us electronically using the contact tab at the Sites to “opt-out” at any time.

In order to ensure that all of your Personal Information is correct and up-to-date, at any time you may visit your personal profile by accessing your account at the Sites. Through your personal profile you may review and update your Personal Information that we have already collected.

VisualDx does not knowingly collect any information from children under 18 years of age, as the Sites and Software are not directed to persons under such age. If a parent or guardian becomes aware that his or her child under 18 years of age has provided us with Personal Information, he or she should contact us electronically using the contact tab at www.VisualDx.com. If we become aware that a child under 18 years of age has provided us with Personal Information, we will delete or dispose of such Personal Information in a manner that employs reasonable and current technical and organizational security methods to prevent any unauthorized access to such Personal Information.

VisualDx may also make chat rooms, blogs, forums, message boards, news groups, listservs, email lists, and the like available to you. Please understand that any information that is disclosed in these areas becomes public information and VisualDx has no control over its use or privacy.

VisualDx reserves the right, at any time and without notice, to change, modify, add to, or delete portions of this Privacy Policy, simply by posting such change to this Privacy Policy on the Sites. Any such change will be effective immediately upon posting on the Sites. It is your responsibility to regularly check the Sites to determine if there have been changes to this Privacy Policy and to review such changes. If we make any changes to this Privacy Policy, we will indicate at the top of this Privacy Policy the date this Privacy Policy was last revised. Your continued use of the Sites or Software or your purchase, license, or continued use of any products or services offered by VisualDx after any such changes constitutes your acceptance of the new Privacy Policy. If you do not agree to and accept, without limitation or qualification, all of the terms and conditions of this Privacy Policy or any future Privacy Policy without modification, do not use or access (or continue to use or access) the Sites or Software or purchase, license, or use (or continue to purchase, license, or use) any products or services offered by VisualDx.

If you have any questions or concerns about this Privacy Policy, the practices of the Sites, the Software, or your dealings with the Sites or Software, please contact us electronically using the contact tab at www.VisualDx.com.