################################################################################ ## ## ## PRIVACY POLICY ## ## ## ################################################################################ LAST UPDATED: January 15, 2015 Prestinion, Inc. is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect from you through www.prestinion.com and the other websites operated by us from which you are accessing this Privacy Policy (the "Websites"), through the software applications made available by us for use on or through computers and mobile devices (the "Apps"), through our page(s) or app(s) on social media platforms (collectively, our "Social Media Pages") as well as HTML-formatted email messages that we send to you that link to this policy (collectively, including the Websites, the Apps and our Social Media Pages, the "Site"). In addition, the "Choices" section below applies with respect to any of your Personal Information collected from you by us, whether collected through the Site or through offline means, such as at a trade show. By providing Personal Information to us through the Site, you acknowledge that we may collect, use and disclose such information in accordance with this Privacy Policy. We are not responsible for the data collection, usage and disclosure policies and practices (including the data security practices) of any third party, including Facebook, Apple, Google, Microsoft, RIM or any other app provider, social media platform provider or wireless service provider, including without limitation the use and disclosure of any Personal Information that you disclose to such third party through or in connection with the Apps or our Social Media Pages. UPDATES TO THIS PRIVACY POLICY ============================== We may change this Privacy Policy from time to time. Please take a look at the “LAST UPDATED” legend at the top of this page to determine when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Site. Your use of the Site following these changes means that you accept the revised Privacy Policy. PERSONAL INFORMATION ============================== Personal Information We Collect ------------------------------- “Personal Information” is information that identifies you as an individual. We and our service providers may collect Personal Information from you (either directly or indirectly from third parties, e.g., as a result of a social media platform provider being authorized to submit Personal Information to us), including: o Name o Profile picture o Postal address (including billing and shipping addresses) o Telephone number (including mobile phone number) o Email address o Credit and debit card number o Social media account ID o Account number Please note that we may use a third-party payment service to process payments made through the Site. If you wish to make a payment through the Site, your Personal Information may be collected by such third party and not by us, and will be subject to such third party's privacy policy, rather than this Privacy Policy. We have no control over, and shall not be responsible for, such third party's collection, use and disclosure of your Personal Information. If you submit any Personal Information of or relating to third parties to us or our third-party service providers in connection with the Site, you represent that you have the authority to do so and to permit us to use such information in accordance with this Privacy Policy. How We Collect Personal Information ----------------------------------- We and our third party service providers may collect Personal Information in a variety of ways, including: o Through the Site: You may provide Personal Information to us through the Site, e.g., when you ask for product information or make a purchase. o From Other Sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platform providers; people with whom you are friends or otherwise connected on social media platforms; and other third parties. How We Use Personal Information ------------------------------- Your Personal Information may be used: o To operate the Site and provide related services, such as, for example, completing and fulfilling your purchases, processing your payments, delivering your orders to you, communicating with you regarding your purchases, providing you with related customer service and initiating refunds. o To respond to your inquiries and fulfill your requests, such as, for example, responding to your product information requests and registering your products. o To facilitate on-line product visualization applications and preferred products catalogs. o To send to you administrative information, for example, information regarding the Site and changes to our terms, conditions, and policies. o To send to you marketing communications that we believe may be of interest to you. o To personalize and optimize your experience on the Site by presenting products and offers tailored to you and to help ensure that the Site is of interest to you. o To allow you to participate in sweepstakes, contests, incentive programs and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read such additional rules carefully. o To facilitate social sharing functionality. o To allow you to send an electronic postcard or otherwise share a message to a friend through the Site, as well as to allow you to provide us with contact information of your friends who are interested in hearing from us. By using these functionalities, you are telling us that you are entitled to use and provide us with your friends' contact information. o For our business purposes, such as data analysis, audits, developing new products, product improvements and innovations, understanding consumer preferences, enhancing the Site, improving our services (such as customer service and product support), identifying usage trends, analyzing and managing our businesses and determining the effectiveness of our promotional campaigns. o As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. How Personal Information Is Disclosed ------------------------------------- Your Personal Information may be disclosed: o To our affiliates for the purposes described in this Privacy Policy, including to permit our affiliates to send marketing materials to you. If you wish to opt-out from our sharing of your Personal Information with our affiliates for their marketing purposes, please see the ,"Choices" section below for information on how to opt-out. o To our third-party service providers who provide services such as website hosting (including dealer locater sites), data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services, ethics hotline administration, human resource functions administration, advertising provision, contests or incentive program administration and other similar services to enable them to provide services. o To third parties sponsors of sweepstakes, contests, incentive programs and similar promotions in which you participate through the Site. o To identify you to anyone to whom you send an electronic postcard or other message through the Site. o To our third-party business partners with whom we provide co-branded pages on the Site, if you choose to provide Personal Information through such pages. Personal Information collected through these co-branded pages is collected by us as well as by the applicable third-party partner. Our collection, use and disclosure of the Personal Information is subject to this Privacy Policy, and the third party's collection, use and disclosure of the Personal Information is subject to its privacy policy. We are not responsible for such third party's collection, use and disclosure of your Personal Information. o By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public information, and may be available to visitors to the Site and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site. o To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). o As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. OTHER INFORMATION ================= Other Information We Collect ---------------------------- “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as: o Browser and device information o Information collected through cookies, pixel tags and other technologies o Demographic information and other information provided by you o Aggregated information How We Collect Other Information We and our third party service providers may collect Other Information in a variety of ways, including: o Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Site (such as the App) you are using. We use this information to ensure that our Site functions properly. o Using cookies: Cookies are pieces of information stored directly on the computer that you are using for recordkeeping and other purposes. We and our service providers may use cookies and other technologies to collect information such as browser type, time spent on the Site, pages visited, and language preferences, as well as to use the collected information for security purposes, to facilitate navigation, to display information more effectively, to personalize your experience while visiting the Site and for online tracking purposes, among other things. Using cookies, we and our service providers can recognize your computer to assist your use of the Site, and can also gather statistical information about Site usage in order to continually improve the design and functionality of the Site, to understand how customers use the Site and to assist us with resolving questions regarding the Site. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Site. We may also use cookies in online advertising to track consumer responses to our advertisements and we may use cookies or other files to track your use of other websites. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. Please refer to your browser instructions or help screen to learn more about such procedure. To learn more about cookies, please visit http://www.allaboutcookies.org/. If you choose to decline cookies, some or all of the features, functionality and promotions available through the Site may not be available to you. o Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about Site usage and response rates. Some uses of cookies and pixel tags in connection with the Site may be under the control of unaffiliated third-party entities that we retain to manage certain programs and fulfill specific visitor requests. We cannot be responsible for third-party uses of cookies and pixel tags. o IP Address: Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site. o From you: Information such as your postal or zip code, as well as other information, such as your date of birth and gender, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other user of the Site. o By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Site, (for example, we may aggregated Personal Information to calculate the percentage of our users who have a particular telephone area code). How We Use and Disclose Other Information ----------------------------------------- Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then, in addition to the uses listed in the "How We Collect Other Information" section above, we may use and disclose Other Information for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined. Third Party Sites ----------------- This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which this Site contains a link. The inclusion of a link on the Site does not imply endorsement of the linked site by us or by our affiliates. In some cases, we may provide hosting services for websites operated by third parties (such as contractors who sell our products). We consider such sites to be third-party sites, and the Personal Information that you provide through such sites is collected by the applicable third party, and not by us. We are neither responsible nor liable for any such third party's collection, use or disclosure of your Personal Information. By hosting these third-party sites, we are not endorsing any such sites or third parties, or making any representations about their privacy practices. Please review the privacy policies of such third parties for more information about their privacy practices. Third Party Advertisers ----------------------- We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Site and other websites, based on information relating to your access to and use of the Site and other websites. To do so, these companies may place or recognize a unique cookie on your browser (including through use of pixel tags). If you would like more information about this practice and to learn about your choices in connection with these practices, please visit www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/. Security -------- Within our organization, we seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please note that we are not responsible for the data security measures of any third parties, including any app provider, social media platform provider or wireless service provider. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below. Choices ------- o Your choices regarding our use and disclosure of your Personal Information If you do not wish to receive marketing-related emails from us, or if you would prefer that we do not share your Personal Information with our affiliates or with other third parties for such affiliates' or other third parties' direct marketing purposes, you may opt-out of receiving such marketing-related emails or from such sharing by contacting us in accordance with the "Contacting Us" section below. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our affiliates or other third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages. o How you can access, change or suppress your Personal Information If you would like to review, correct, update, suppress, or delete Personal Information that has been previously provided to us by you, or object to the processing of the Personal Information you have provided to us, you may contact us by contacting us in accordance with the "Contacting Us" section below In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information that you have provided to us suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. o Retention Period We seek to retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or not prohibited by law. o Use of Site by Minors The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Site. o Cross-Border Transfer Your Personal Information may be stored and processed any country where we have facilities or in which we engage service providers, and by using our Site you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country. o Sensitive Information We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health or criminal background) on or through the Site or otherwise to us. o Contacting Us If you have any questions about this Privacy Policy or how we process your Personal Information, please contact us by email at info2me@prestinion.com, or please write to the following address: Prestinion, Inc. 555 Pilgrim Drive, Suite C Foster City, CA 94404 U.S.A. Please note that email communications are not always secure; so please do not include credit card information or sensitive information in your emails to us. ################################################################################ ## ## ## TERMS OF USE ## ## ## ################################################################################ Welcome to the Web site for Prestinion, Inc, at www.prestinion.com (Web Site or Site). We maintain this Site for general promotional, investor relations and public information purposes. The following Terms of Use (Terms) apply to your use of this Site. Please read them carefully! By using this Web Site, you are agreeing to be bound by these Terms. You may not use this Site if you do not agree to these Terms. Unless the context indicates otherwise, as used in these Terms, (i) “Prestinion,” “us,” “we” and “our” refer to Prestinion, Inc. and its subsidiaries and affiliates and (ii) “Content” refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information. Intellectual Property --------------------- The Content provided on this Web Site is copyrighted by Prestinion or our third party licensors and is protected from copying, reproduction, modification, distribution, display, performance or transmittal for any purpose under United States and international copyright laws. The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Prestinion or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws. Nothing stated or implied on this Site confers on you any license or right under any copyright, trademark or service mark of Prestinion or any third party. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law. Permitted and Prohibited Uses ----------------------------- You may view and make one electronic or paper copy of the information posted on any screens of this Web Site, provided that you use the copy solely for your personal, informational and non-commercial purposes and that you (i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content or use it in a manner that suggests an association with any of our products, services or brands and (iii) do not download quantities of the Content to a database that can be used to avoid future downloads from this Site. You may not reproduce, copy, upload, post, transmit, display or otherwise redistribute any materials or design elements of this Site for commercial purposes without our prior written consent. You may not (i) decompile, disassemble or reverse engineer this Web Site or otherwise attempt to determine the source code or trade secrets of the Site, (ii) violate or attempt to violate the security of the Site or (iii) otherwise disrupt or interfere with the operation of the Site. Forums and Public Communication ------------------------------- This Site may enable users to submit their own content to a chat area, message board or e-mail function (“forum”). Any forum on the Site is a free service to enable you to share comments about products and services available on our Site. If you participate in a forum within the Site, any information you disclose in such a submission may be publicly available and you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there. By uploading or submitting any materials to a forum, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, display and distribute such materials or incorporate such materials into any form now known or later developed. Prestinion cannot prevent other persons who access this Site from using submissions and personal information they find here, even if their use of that information violates the law or your personal privacy and safety. When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated. Information obtained in a forum may not be reliable and it is not a good idea to trade or make any investment or other decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading, investment or other decisions made based on such information. Prestinion is proud to provide a forum for you to air your opinions on the topics and items we feature. While we appreciate your time and comments, we request that you refrain from including the following in your posts: (i) profanity, obscenities, hateful, threatening or harassing comments or images; (ii) discussion of illegal activities or intent; (iii) solicitations for commercial activities or other statements that do not generally relate to the designated topic of the forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information that violates any right of a third party or any law; and (vi) any software or other materials that contain a virus or other harmful component. Prestinion reserves the right to edit or remove content from any forum at any time and for any reason. A testimonial board post is not an effective way to tell us you need help with an order or Site feature. If you'd like to tell us about a specific problem, please e-mail us. Prestinion disclaims liability for any failure on its part to provide help with a specific problem disclosed on this Site. Disclaimer of Warranties ------------------------ In preparing this Web Site, we have tried to assure that the information posted is accurate, complete and current as of the dates indicated on the screens and that your use of the Site will be uninterrupted and error-free. However, we make no guarantees or warranties of any kind, express or implied, regarding the Content or operation of the Site. You access and use this Site at your own risk. The Content (including all information available on or through the Site) is provided “AS IS” and we are not responsible for its use or misuse. Access to this Site from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) AND (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. Links from this Web Site ------------------------ We have provided hyperlinks from this Web Site to selected third party Web sites as a convenience to you. However, by providing such links, we are not endorsing such third parties or their Web sites. We are not responsible for and make no representations about the contents or use of such hyperlinked third party sites or any further links contained there to other sites. If you use a Web site that is hyperlinked to this Web Site, you do so at your own risk; we are not responsible for assuring that hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third party site at any time without notice or obligation to you. Links to this Web Site ---------------------- If you wish to provide a hyperlink from your Web site to this Web Site, you may do so only under the following conditions: (i) links to our Site can be text- or image-based; (ii) the link can “point” to the homepage URL www.prestinion.com or to deeper pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a “frame” on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your Web site to ours, you are agreeing to be bound by these terms. Questions and Comments ---------------------- We welcome questions, comments and other feedback about this Web Site and about our products and services. However, please be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you. Changes to this Site or these Terms ----------------------------------- We may change or discontinue this Web Site at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes. Limitation of Liability ----------------------- We specifically disclaim all liability (whether based in contract, tort, negligence, strict liability, by statute or otherwise) for any direct, indirect, incidental, consequential, punitive or special damages arising out of or relating to your access to and/or use of this Web Site (including those arising from your reliance on the Site Content or on any products or services obtained through the use of this Site, lost data, computer viruses or other destructive devices, and delays, breakdowns or interruptions in the use of the Site for any reason whatsoever). Governing Law ------------- These Terms will be governed by and construed in accordance with the laws of the State of California and the United States of America, without reference to any choice of law rules under California law. You agree that any action at law or in equity arising out of or relating to these Terms or relating to your use of this Web Site will be filed only in the state or federal courts located in San Jose, California and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action. These Terms may be supplemented by additional terms posted at other locations on this Site, but these Terms will supersede in the event of a conflict with such additional terms. These Terms and such additional terms constitute our entire agreement with you regarding your use of this Web Site. Violations ---------- We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of these Terms or your use of this Site. Questions --------- If you have any questions about these Terms or this Web Site, please contact us.