Privacy Policy

sterkly LLC PRIVACY POLICY

Last Updated October 4, 2012

1. INTRODUCTION

sterkly LLC (the “Company,” “we” or “us”) operates http://www.downloadhaus.com/ and other websites maintained by the Company or its affiliates (the “Sites”). The Company’s products include the desktop application “KBM2” (the “Application”). The Application, and any other applications, products, services, features, content, or promotions offered from time to time by the Company on the Sites or otherwise in connection with its business shall be referred to herein as the “Services”. The Company is based in the United States and the Services are hosted in the United States. This Privacy Policy is part of the Company’s End User License Agreement, currently available at http://downloadhaus.com/license/. The Company and the Services are based in the United States.

This Privacy Policy applies to all users of the Services, including any of the Sites and the Application. This Privacy Policy describes the Company’s collection and use of users’ personal information (e.g., information that identifies a specific person, such as full name or email address), and non-personally identifiable information (e.g., interests, demographics and site usage) to the extent such information is associated with a particular user or user account.

The Services are general audience, are not targeted to children, and we do not knowingly collect personal information from children under 13 years of age. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us through our support page currently available at http://downloadhaus.com/contact-us/

We offer our Services to you in exchange for your agreement to view advertisements, or participate in other offers. We also offer you the opportunity to download third-party software.

2. SUBMISSION AND COLLECTION OF INFORMATION

User Submitted Information

Personal Information You Submit.

We may collect personal information at various times when you use our Services. The more information you volunteer (and the more accurate it is), the better we are able to customize your experience. Your participation is voluntary and you have the choice not to disclose any information that we request.

Installation.

During installation, we may present you with promotions, advertisements, and opportunities to acquire our own software as well as third-party software (“Offers”) presented by entities with whom we have a business relationship to provide Offers (“Partners”). You have a choice to inform us if you would like to install products listed in the Offer.

Partners and us.

You may choose not to accept the Offers. Your participation is voluntary, and you are not required to disclose to our Partners any information they request. If, however, you provide your Personally Identifiable Information in response to any Offer, we will share it with our Partners so they can provide you with the Offers in which you have expressed interest.

Customer Support and Contact Information

If you voluntarily submit information or contact us (e.g. technical support), we may keep a record of this communication. We collect your name and email address on the Sites’ “Contact Us” forms. We use this information for the sole purpose of responding to your inquiry.

Collected Information

Accessing and Using the Services. When users access or use the Services, certain non-personally identifiable information is collected, stored and used for business and marketing purposes, such as maintaining and improving the Services, conducting research, and displaying more relevant advertisements. This non-personally identifiable information includes, without limitation: IP address, unique identifier number, operating system, browser information, URLs visited, pages viewed, search queries entered, and other software and hardware information. If you access the Services from a mobile or other device, we may collect a unique device identifier assigned to that device or other information for that device in order to serve content to it. This collected data may also be supplemented with information obtained from third parties or submitted by users.

Tracking and Data Collection Technologies. The Company may use browser cookies, web and DOM storage data, Adobe Flash cookies, pixels, beacons, and other tracking and data collection technologies, which may include an anonymous unique identifier. These technologies may be used to collect and store information about your use of the Services, including without limitation, web pages, features and content you have accessed, search queries you have run, referral URL information, links you have clicked on, and advertisements you have seen. This data is used for business purposes such as providing more relevant ads and content, and market research. The Company may also use these technologies and other similar tools to relate your use of the Services to personal information obtained from you or a reputable third party. For example, cookie, click stream or other data about your activities using the Services may allow us to limit the offers and content provided to you through the Services to items we think you will find interesting and relevant to you, based on your prior online activities and preferences.

Third Party Tracking and Data Collection. Third parties that support the Services by serving advertisements or providing other services, such as tracking aggregate site usage or providing users with the ability to comment on or share content, may also use cookies, pixels and other tracking and data collection technologies described above to collect user information. The Company does not control these third parties and their use of these technologies is governed by the privacy policies of the third parties using such technologies.

For more information about third party ad networks that use these technologies, see http://www.aboutads.info/. Most browsers are initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies).

Users can manage the use of Flash technologies, including cookies, with the Flash management tools available at Adobe’s website at the following link – http://www.adobe.com/products/flashplayer/security/privacy_policy/faq.html.

Please note that by blocking cookies or implementing other restrictions, you may not have access to the Services or certain features thereof.

Software Information.

We employ a technology that allows us to determine the operating systems you are using and to view your computer’s registry. Software installed on your computer has unique registry keys. We use your registry information to determine whether our software offers are compatible with software already present on your PC. We do not tie registry information gathered to our users’ personally identifiable information.

Hardware Information.

Your computer’s operating system also stores hardware information that we examine to determine your computer’s hardware configuration including the amount of memory and the type of video card your computer has, as well as the speed of your processor. We use the information to determine whether our software offers are compatible with your computer hardware.

3.  USE & DISCLOSURE OF INFORMATION

We only share your non-public personal information with non-affiliated third parties when we believe sharing is permitted by you or authorized by this Privacy Policy. In addition, the Company may share your personal information with our parent, subsidiary or affiliate companies without restriction.

Any information about users that we collect or receive may be used and shared for the following purposes:

To provide and manage the Services. We use the information we collect from and receive about users to provide the Services to you, to measure and improve the Services, to personalize your experience by delivering relevant content, advertising, and marketing messages, to allow you to comment on content, participate in online games, contests, promotions or rewards programs, to enable you to communicate and share with other users or services, and to provide you with customer support and respond to inquiries. We may use aggregated, anonymous data about use of and activity on the Services to assist us in this regard and such data is not subject to this Privacy Policy.

To allow third party service providers to assist us in providing and managing the Services. The Company may make your non-public personal information available to certain third party service providers, such as contractors, agents or sponsors, who help us manage or provide the Services. Examples of such services include, without limitation: advertising and marketing, developing or supporting products and features, processing payments, administering message boards, processing data or statistics, supplementing or organizing information or data, or assisting with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside service providers are required to protect non-public personal information entrusted to them and not use it for unauthorized purposes.

To contact you. The Company may periodically send promotional materials or notifications related to the Services to the email address you may have provided to us. If you want to stop receiving promotional materials from the Company, follow the unsubscribe instructions at the bottom of each promotional email. There are certain service notification emails that you may not opt-out of as long as you are registered with or subscribed to the Services, such as notifications of changes to the Services or policies.

To deliver relevant advertising. We may use the information you provide to us, and information we collect about your use of the Services through tracking and other technologies, to assist us in delivering you relevant ads and content when you use the Services. We may work with third party advertising networks and advertisers who help deliver these ads to you. We may share non-personally identifiable or aggregated information with third parties to improve the relevancy of the ads and content you see using the Services. As noted above, these third party advertising networks and advertisers may also use cookies and other technologies to collect and track non-personally identifiable information such as demographic information, aggregated information, and Internet activity to assist them in delivering advertising that is more relevant to your interests. They may also utilize supplemental data from other sources and analytics methods to help deliver more relevant ads. To find out more about third party online advertising and to opt out of this type of advertising, visit the following websites:

Digital Advertising Alliance: http://www.aboutads.info/choices/

Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp

To protect the rights of the Company and our users. There may be instances when the Company may disclose user information without providing notice or choice, including situations where the Company has a good faith belief that such disclosure is necessary in order to: (i) protect or defend the legal rights or property of the Company, our affiliated companies, or any of their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Services or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

To complete a merger or sale of assets. If the Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, the Company may transfer your information to the party or parties involved in the transaction as part of that transaction.

4. NOTICE AND MODIFICATIONS

Means of Notice and Privacy Policy Modifications.

This Privacy Policy is the means by which the Company provides you with notice about its collection and use of your personal information. The Company will not use your personal information in a manner different from what is described in this Privacy Policy. The Company may modify this Privacy Policy at any time, and each such modification will be effective upon notice to you, including posting on the Sites. Your continued use of the Services following any such modification constitutes your acceptance of the Privacy Policy as so modified. It is therefore important that you review this Privacy Policy regularly. You may also receive a copy of this Privacy Policy by emailing us at privacy@downloadhaus.com.

Location of Data.

The Services are hosted in the United States. If you are a user located outside the United States, you understand and consent to having any personal information you provide transferred to, processed, and stored in the United States and other countries where data protection and other privacy laws may not offer the same level of protection as in your jurisdiction, such as the European Union. This includes the use of cookies and other tracking technologies as described above. As a result, please read this Privacy Policy with care.

Linked Services.

The Services may also be linked to sites or services operated by the Company’s affiliates or third parties, and may carry advertisements or offer content, functionality, games, rewards programs, newsletters, contests or sweepstakes, or applications developed and maintained by third parties including, any online store. The Company is not responsible for the privacy practices of any such third parties, and once you leave the Services via a link, enable a third party service, or click an advertisement, you should check the applicable privacy policy of the third party site. Users who visit a Company affiliated site should still refer to its separate privacy policy, which may differ in some respects from this Privacy Policy.

5. DISCLAIMERS

Advertised or Linked Services. The Services may be linked to or advertise third party sites, services or products, including without limitation online stores, rewards programs, trial offers, newsletters, contests or sweepstakes. The Company is not responsible for the privacy practices of any such third parties, and once you leave the Services via a link or click on an advertisement, you should review the applicable privacy policy of the third party service or site.

Security. Unfortunately, no transmission of data over the Internet can ever be guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. The Company cannot ensure or warrant the security of any personal information transmitted to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by emailing privacy@downloadhaus.com and suspend or terminate your use of the Services immediately.

6. USER CONTROL AND UNINSTALLING SOFTWARE

You may uninstall the Application or any other software related to the Services at any time by following the instructions provided in the Company’s End User License Agreement currently available at http://downloadhaus.com/license/. Note that after you uninstall the Application, certain related files may remain on your system. These remnant files are a record of your previous download of the Company’s software, and are not executable programs. These files help the Company to prevent fraud on the Services and to better service you if you choose to download the Application again. If you created a user account in connection with the Services, you may cancel your account at any time on the website where the account was created, and unsubscribe to Company promotional materials by clicking the “unsubscribe” link at the bottom of the applicable e-mail. Remember that even after you uninstall the Software or cancel your account, copies of some information that is publicly viewable may remain viewable in circumstances where, for example, you have commented on content on the Services or if another person copied, stored or shared your information. We may also retain backup information related to your account on our servers for some time after cancellation for fraud detection or to comply with applicable law or our internal security policies.

7. CONTACT US

If you have questions about this Privacy Policy, or if you would like access to your personal information to correct, update, or delete it, please contact us as described below: sterkly LLC Address: sterkly LLC, 2647 Gateway Road #105 PMB 400, Carlsbad, CA 92009; Attn: Legal Department  Email: privacy@downloadhaus.com

Your California Privacy Rights. California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send a request to privacy@downloadhaus.com or the above-referenced mailing address.