Last Updated: 2012/12/10
2. US-EU AND US-SWITZERLAND SAFE HARBORS
Transfer to Agents
Access and Correction
Upon request and in compliance with the Safe Harbors, MaxMind shall grant to individuals reasonable access to their EU/Swiss Data that is held by MaxMind. In the event that such data is deemed by the responsible individual to be inaccurate or incomplete, MaxMind will permit individuals to correct, amend, or delete such data. MaxMind may limit access or correction of data as permitted by the Safe Harbors, for example, in the event that the cost or burden of providing such access or correction would be prohibitve or could not be provided without harming the rights of other individuals. In the event that a request for access or correction is denied, the requesting individual will be notified of the reason for denial and given an opportunity to discuss the matter with MaxMind and/or appeal the decision through the dispute resolution procedures referenced below.
MaxMind will take reasonable precautions to prevent the loss, misuse, or unauthorized access, disclosure, alteration, or destruction of any EU/Swiss Data. However, MaxMind does not guarantee that any of its data will be protected in all circumstances, including those beyond its reasonable control.
Adherence by MaxMind to these Safe Harbor Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest, or law enforcement obligations; and (c) to the extent expressly permitted by an applicable law, rule, or regulation, including but not limited to the EU Data Directive, the Swiss FADP, and/or the principles of the Safe Harbors.
3. ABOUT MAXMIND
MaxMind provides multiple services and products (the "Services") based on its proprietary GeoIP technology. The GeoIP technology uses Internet Protocol addresses ("IP addresses") to estimate geographic location. Your IP address is a number that is automatically assigned to the computer that you are using by your Internet service provider (ISP) or by another organization. An IP address, by itself, cannot identify you personally. However, when combined with other information, your IP address can be used to identify the computer originating a message. As part of its GeoIP technology, MaxMind uses algorithms with user-entered location data to identify, extract, and extrapolate geographic locations for specific IP addresses.
The GeoIP technology provides businesses with a non-invasive way to determine geographical and other information about their Internet visitors in real-time. MaxMind customers use the Services to customize content, implement digital rights management, prevent fraud from online card not present transactions, and similar business uses. MaxMind does not distribute Personally Identifiable Information of consumers to customers purchasing the Services.
4. INFORMATION MAXMIND COLLECTS
Information Collected During Your Visits to the MaxMind Website
If you register or make a purchase while on the Website, MaxMind may ask for personal data such as your name, email address, or physical address. In addition, MaxMind collects and analyzes traffic on the Website by keeping track of the IP addresses of our visitors and by collecting log file information. We discuss log file information further in a later paragraph of this Section 4.
The Website does enable "cookies" and similar technologies. A cookie is a file that identifies an individual as a unique user by storing certain personal preferences and user data. MaxMind uses these technologies to identify authorized users of the MaxMind Member Center, track affiliate referrals, complete online purchases through MaxMind's shopping carts, and similar Website monitoring activities.
Information Provided During Your Online Transactions at Our Customer's Websites
As discussed above, one of the services offered by MaxMind is a fraud screening service, the minFraud service, used by ecommerce and other websites to detect and prevent fraudulent online transactions and account registrations. For example, if you make a credit card purchase on the website of one of our customers, the MaxMind customer will send us your IP address and other relevant information, including Personally Identifiable Information you submit during such purchase (e.g., cardholder name, billing address, email, phone number) so that we can evaluate the risk of the transaction being fraudulent. MaxMind will use such Personally Identifiable Information only internally for the purposes of providing and improving its IP geolocation, fraud detection, and demographic targeting services and products. With respect to EU/Swiss Data: (1) our receipt, storage, and use of any EU/Swiss Data received from third parties are subject to the principles set forth in Section 2, above, and (2) Personally Identifiable Information shall include any information that identifies or could be used to identify any individual.
Log File Information
Your web browser automatically sends information to every website you visit including ours. In addition, our customers' use of our fraud detection and other Services is often accompanied by certain log file information that MaxMind's servers automatically record. For example, our server logs may receive and record information such as the URLs you visit, your browser type, your operating system, the date and time of your visit, and the duration of your visit to each page.
User Agent Strings
Log file information may also include a user agent string, a series of characters automatically sent with your Internet requests that provide information necessary for smooth Internet communications such as the operating system and browser you used. Similar to an IP address, a user agent string, by itself, does not identify you personally. However, when combined with other information, a user agent string might be used to identify the computer originating a message.
Unique Identification Number
MaxMind may assign your computer or mobile device a unique identification number ("Unique ID"). MaxMind may obtain log file information associated with that Unique ID when the relevant computer or device is used to visit the MaxMind Website or visit the website of or conduct business with a customer using our Services. MaxMind uses information generated from the Unique ID for purposes of improving our Services, primarily our ability to detect fraud. MaxMind does not share the Unique ID or any associated data with unaffiliated third parties.
MaxMind may collect additional information from or about you in other ways, including responses to customer surveys or your communications with our customer service team. MaxMind may retain all information it collects for an indefinite period of time.
5. HOW MAXMIND USES INFORMATION
Use of Personally Identifiable Information
As stated above, MaxMind may use Personally Identifiable Information such as your name, address, telephone number, e-mail address, or other contact information we obtain from you, our customers, or our business partners, for the purposes of providing, enhancing, or improving our IP geolocation, fraud detection, and demographic targeting services and products.
Communications with You
MaxMind maintains one or more contact lists (with email addresses and other information) to allow MaxMind to communicate with individuals who do business with MaxMind or who have expressed an interest in the Services. We may contact you to confirm your purchases or respond to requests that you make, notify you of changes to your account or the Services, or to otherwise inform you of information related to our business or your account with us.
Website Administration and Customization
MaxMind may use the information we collect about you for a variety of website administration and customization purposes. For example, we use your information to process your registration request, provide you with services and communications that you have requested, send you email updates and other communications, customize features and advertising that appear on the Website, deliver the Website content to you, measure Website traffic, measure user interests and traffic patterns, and improve the Website and the services and features offered via the Website.
Usage of Non-Identifying Information
Non-identifying information includes information collected from or about you that does not personally identify you. MaxMind treats IP addresses, log file information, user agent strings, computer IDs, and related information as non-identifying information, except if applicable law or the Safe Harbor principles require us to do otherwise. MaxMind may use non-identifying information for any purpose. We may also combine your non-identifying information with third party data sources (including data obtained from offline sources) in our effort to improve our Services. Unless you opt-out, MaxMind may share such non-identifying information with customers, affiliates, and other third parties, for any purpose.
IP Addresses and EU/Swiss Data
6. HOW MAXMIND SHARES INFORMATION
Sharing with Our Service Providers
We may provide your information to our third party service providers, contractors, business partners, and advertisers, for the purpose of delivering Services to you as well as for purposes related to Website administration and operation. When sharing information for the purpose of providing you with the Services you request, we will share your personal information only as necessary for the third party working on MaxMind's behalf to complete its work for us. For example, if you use a credit or debit card to complete a transaction on the Website, we may share your personal information and credit card number with a credit card processing and/or a fulfillment company in order to complete your transaction.
Sharing with Our Customers
Security and Compliance with the Law
We reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary in order (a) to comply with legal process such as a search warrant, subpoena, or court order; (b) to protect the company's rights and property; (c) to investigate reports of users sending material using a false email address or users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of the Website or Services; or (e) to respond to emergencies, such as when we believe someone's physical safety is at risk.
Aggregate Information and Non-Identifying Information
MaxMind may share your non-identifying information (which may include non-identifying log file information) with third parties. While MaxMind may share such non-identifying information for any purpose (unless you opt-out of such sharing), MaxMind typically shares such non-identifying information for industry analysis, aggregated demographic profiling, and the delivery of targeted advertising about other products and services. For example, MaxMind might provide such non-identifying information to an industry analyst who wants to use the information to determine the popularity of various web browsers and operating systems in different geographic areas.
Transfer of Business
As our business grows, we may buy or sell various assets. In the event that we sell some or all of our assets, or our company is acquired by another company, our databases and other personal information we collect may be among the transferred assets.
With regard to the transfer of any EU/Swiss Data, such transfer will only occur with a third party in the event that such party has met the qualifications set forth in Section 2, above, or as otherwise permissible under the Safe Harbor principles.
7. YOUR CONTROL OVER YOUR PERSONAL INFORMATION
Opt-Out of Email Communications
If you are a registered member of the Website, you can make changes to your account information by logging in to the Website and modifying your preferences here. If you do not wish to receive email notifications from us, you may opt-out by contacting us at firstname.lastname@example.org with your request. In addition, certain email communications we send to you, such as newsletters and promotional announcements, contain a clearly worded "Opt-Out" or "Unsubscribe" link allowing you to withdraw your permission for future mailings.
Opt-Out of Information Sharing
(a) MaxMind will cease sharing information in any databases created after your opt-out date. We highlight that information about you in any databases shared with our customers is non-identifying information (not personally identifying information). Versions of databases created and released prior to your opt-out date may have been created using your non-identifying information, and our customers may continue to have access to such earlier versions. Note that the utility of a database diminishes over time and most customers eventually discard older versions of a database in favor of an updated version.
(b) The non-sharing of information pertains to any information MaxMind can associate with you. MaxMind sometimes receives anonymous log file information that cannot be linked to a specific email address, IP address, or individual.
(c) If you do opt-out of having us share your information, MaxMind will continue to gather, retain, use and share information for fraud detection purposes.
(d) If you opt-out based on your IP address, MaxMind will process the IP address opt-out if the IP address is associated with one individual or one household (i.e., it is not uncommon for a single IP address to be shared by hundreds of devices). Also, since IP address assignments are subject to change, MaxMind will stop sharing information related to that IP address until such time that MaxMind reasonably believes the IP address has been assigned to another device (which period shall not be less than one year).
Blocking or Deleting Cookies
You can manually delete cookies which are normally located in your temporary Internet folder or cookie folder. You can also reset the preferences in your web browser to notify you when you have received a cookie or, alternatively, to refuse to accept cookies. Deleting or blocking cookies will prohibit your ability to make online purchases on the Website and to use and access portions of the Website that require logging in with a username and password.
Additional Information for Residents of Certain States
Consumers in certain jurisdictions of the United States have a right to access personal information held or shared about themselves. Your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to our privacy agent indicated at the bottom of this webpage.
EU/Swiss Data Rights
In addition to the opt-out rights set forth above, MaxMind permits individual owners of EU/Swiss Data the option of choosing to opt-out of: (a) the disclosure of their EU/Swiss Data to third parties, and (b) the use of their EU/Swiss Data for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Individuals residing in the EEA and wishing to make an opt-out request should contact MaxMind directly using the information at Section 11, below.
MaxMind implements reasonable security measures to secure data. However, no physical or electronic security system is impenetrable. MaxMind cannot guarantee the security of the Website's servers or databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
9. POLICY REGARDING CHILDREN
The Website is not intended for use by children under the age of thirteen years old. MaxMind does not knowingly collect information from children under the age of thirteen.
11. CONTACT FOR ADDITIONAL INFORMATION, OPTING OUT, DATA ACCESS AND CORRECTION, AND DISPUTES
Jason Ketola (Privacy Agent)
24 Crescent Street, Suite 301
Waltham, MA 02453
If you are an individual residing within the EEA and you wish to lodge a dispute resolution proceeding in relation to a request that you have first made in good faith with us but found to be unsatisfactorily resolved, you may file a complaint online at https://www.auto.bbb.org/EU-Safe-Harbor-Complaint-Form or by sending your complaint to the following address:
Council of Better Business Bureaus, Inc.
BBB EU Safe Harbor
3033 Wilson Boulevard, Suite 600
Arlington, VA 22201
Additional information on filing a Safe Harbor complaint can be found at the following web site: http://www.bbb.org/us/consumer/european-dispute-resolution/complaint-info.