This document sets forth the PACE Online Privacy Policy (the "Privacy Policy") for the following Web site: www.paceap.com (the "Site") and related services for iLok License Manager and Software Activation. If you have objections to the Privacy Policy, you should not access or use this Site. BY SUBMITTING ANY PERSONAL INFORMATION TO THE SITE, YOU CONSENT TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. This Privacy Policy does not govern privacy practices associated with offline activities or other PACE web sites.

Collection of Personal Information

Personal information ("Personal Information") is defined as any information, other than your User ID, that identifies or can be used to identify, contact, or locate the person to whom such information pertains. Personal Information that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. PACE reserves the right to change the Privacy Policy from time to time at its sole discretion, and will provide notice of material changes on the Site in a reasonable period of time.

You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Site or any PACE services after such notice has been posted for thirty (30) days with the following exception: If at the time you provide personal information to PACE you are given the opportunity (as you currently are) to limit how such information will be used to communicate with you, either by PACE or by third parties, PACE will not change your preference in this regard without your express consent. However, if PACE sells all or substantially all of its assets to another entity, or in the event PACE is acquired by, or is merged with or into, another entity, PACE may provide to such entity with customer information that is related to that part of our business sold to or merged with the other entity without your consent.

Your use of this Site and the terms of this Privacy Policy are also subject to the Terms of Use. Please review the Terms of Use for additional detail regarding your use of this Site, which can be found on the paceap.com website.

As a visitor or registered user to this Site, you can engage in some activities without providing any personal information such as reading about the product/service offerings, features and benefits. In connection with other activities PACE may ask you to provide certain information about yourself by filling out and submitting an online form for purchase. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, PACE may ask that you provide us Personal Information, including your first and last name, job title, e-mail address. telephone number, employer, Industry, employer website URL, mailing address (including ZIP or postal code) , development environment, description of your product and security question and answer. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

How Your Personal Information is Used

PACE collects your information in order to record and support your participation in the functionality and features you select on the Site. Your information is used to identify you on the Site. If you subscribe to a service for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users by PACE.

We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, and device identifiers. We use your IP address and/or country preference in order to approximate your location to provide you with a better service experience.

Our websites and services automatically log your IP address and domain name, and non-personal information such as the type of web browser you use, to help us administer the sites and to compile statistics such as the number of visitors by country so that we may optimize our services for your benefit.

Our websites use cookies to identify you over multiple visits to the site. Cookies are optional, and you can block or delete them. We do not store any of your personal information in cookies and cookies are not required to use www.iLok.com.

We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.

At no time will PACE ever sell your name or personal information nor will it provide such to any party outside those Vendors/Publishers who support iLok or PACE technology.

PACE does not, without your permission, distribute to third parties information you have submitted to this Site that identifies you personally.

In the event a disclosure contrary to your selected options should inadvertently occur, PACE will use reasonable efforts to limit and remedy the disclosure as required. Some portions of the Site may permit you to post certain information that may identify you. If you decide to use those portions of the Site and post information about yourself, the information you post is, of course, accessible to the extent that you have opted to share that information.

PACE intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to PACE or on the Site.

Notice to European Users

Please note that the information you submit through this Site will be transferred outside of the European Economic Area, for purposes of processing by PACE and its licensees (publishers). By providing information to this Site or otherwise using this Site, you consent to this transfer. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT USE THIS SITE.

Right to be Forgotten:

Unless PACE receives a request to be forgotten through its support team, PACE will keep your Personal Information stored for twenty (20) years.

Deactivate Your Account and Delete Your Information:

You may request via a support ticket to delete your personal information. We will only keep information regarding ecommerce transactions, shipments and other business records needed for tax purposes. In no way is this information ever used in any other way.

Legal Bases for Processing (for EEA Users):

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the iLok.com services you use and how you use them. This means we collect and use your information only where:

  • We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
  • It satisfies a legitimate interest (which is not overridden by your data protection interests), such ecommerce of iLok.com or delivery of licenses from a 3rd partying using PACE Services;
  • You give us consent to do so for a specific purpose as described in this Privacy Policy and the Terms and Conditions; or
  • We need to process your data to comply with a legal obligation.

How We Transfer Information We Collect Internationally

We collect information globally via the Internet and store that information securely in the United States. We may transfer, process and store your information outside of your country of residence, to wherever we or third-party software publishers that use our services operate for the purpose of providing you the licensed software and activation services. Whenever we transfer your information, we take steps to protect it requiring a high level of data security.

What Are Cookies and Are You Required to Accept Them?

Cookies are small files that are stored on your computer. The site uses cookies to help optimize your iLok.com experience. For example, we use cookies to handle session information to make your experience at iLok.com more efficient. PACE does not store in cookies any personal information about you. While cookies are optional for browsing www.ilok.com and even using the overall service, cookies may be required for some future commerce features. If cookies are used, we will edit our privacy policy at that time.

Our Policy Towards Children

The Services are not directed to individuals under the age of 16. If you are under the age of 16, please review this site with your parent’s consent. We do not knowingly collect Personal Information from children under 16. If we become aware that a child under 16 has provided us with Personal Information, we will take steps to delete such information. If you become aware that a child has provided us with Personal Information, please contact our support team.

Also, please note that PACE is not responsible for the content or privacy practices of non-PACE Web sites to which this Site or any other PACE Web site may link. You should review the privacy policy of such sites before using the sites.

Disclaimers

THE SITE IS PROVIDED BY PACE "AS IS" AND WITH ALL FAULTS. PACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, OR ITS OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, PACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PACE SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. PACE DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PACE SPECIFICALLY INFORMS YOU THAT PACE MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

Exclusion of damages and limitation of liability

UNDER NO CIRCUMSTANCES SHALL PACE, ITS SUPPLIERS, VENDORS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR ANY OTHER POLICY APPLICABLE TO THE SITE) EVEN IF PACE, THEIR SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. DUE TO THE FACT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF PACE, ITS SUPPLIERS, VENDORS, AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

General terms

These Terms of Use are governed by the laws of the State of California, without regard to any conflict of law provisions which may otherwise cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The failure of PACE to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

When We Communicate with Each Other.

Purpose: To provide you with information related to products and services and to communicate with you in relation to such and similar matters.

Processing made:

  • Communication and correspondence with you by e-mail
  • Reply to your comments and questions

Personal data processed:

  • Contact information – name, e-mail address, etc.

Legal basis:

  • The processing is necessary for the purposes of our legitimate interest of reply to your comments and questions and in order to meet your request for communication with us

When we process data in order to comply with legal obligations.

Purpose: To comply with legal obligations.

Processing made:

  • Necessary processing in order to comply with legal obligations that we are subject to, for example business and tax laws, rules on product liability rules on statutes of limitation

Personal data processed:

  • Identity and contact information
  • Payment details, if applicable
  • Information about purchased products
  • Information about licenses of 3rd party companies , complaints and claims for warranties

Legal basis:

  • The processing is necessary in order for us to comply with legal obligations we are subject to. If the information is not processed we are unable to comply with our legal obligations and will therefore be forced to deny your purchase

When we process data in order to prevent abuse.

Purpose: To prevent and investigate abuse of our services or potential violation of law.

Processing made:

  • Necessary processing in order to prevent potential violation of law
  • Necessary processing in order to protect our IT environment towards attacks and intrusions
  • Necessary processing in order to prevent unpermitted use of user accounts
  • Necessary processing in order to prevent unpermitted use of copyright and other IP protected products

Personal data processed:

  • Your Licenses, Purchase and user generated data
  • Technical data regarding the units you use and its settings (for example IP address, geographical location, platform)
  • Your iLok User ID
  • E-mail address

Legal basis:

  • The processing is necessary for the purpose of our legitimate interest of protecting the license data, our IT environment and our products and services from attacks and intrusions and other abuse and of protecting our and our licensees copyright protected products and intellectual property