Legal

Online Privacy Policy and Statement

Last updated: June 2014

Please note that the practices of IAVO Research and Scientific, its affiliates, and agents ("IAVO"), with respect to data collected and used by IAVO in connection with this website and all other IAVO-RS.com, IAVO.com, and featurextract.com of IAVO and its affiliates with links to this policy (collectively, the “Site”) and IAVO products and services available or enabled via the Site (“Products and Services”), are governed by this online privacy policy (“Privacy Policy”) as amended from time to time, and not the privacy policy in effect at the time the data was collected. Please regularly review our Privacy Policy. If you have objections to the Privacy Policy, you should immediately discontinue use of the Site and the Products and Services enabled by the Site and follow the procedure described in the section entitled "Updating your personal information and privacy preferences". This Privacy Policy does not govern privacy practices associated with offline activities, websites other than the Site, or Products and Services not available or enabled via the Site, except as expressly set forth in the section entitled "Data not collected on this Site." Notwithstanding the foregoing, to the extent that any terms of the Privacy Policy conflict with the terms of an existing written (including electronic) agreement between you and IAVO regarding the use of specific areas of the Site or specific Products and Services (including Product- and Service-specific licenses, terms of use, or privacy disclosures) (collectively, “Product Agreements”), the terms of the Product Agreements shall govern.

IAVO has applied for a license in the TRUSTe Web Privacy Seal Program. TRUSTe is an independent, nonprofit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. The TRUSTe program covers only information that is collected through this Site; it does not cover information that may be collected through software downloaded from this Site or any of the Products and Services. TRUSTe has not certified any of the disclosures in this Privacy Policy that relate to the Products and Services.

To the best of it’s ability, IAVO adheres to the European Union Safe Harbor principles as set forth by the United States Department of Commerce regarding the collection, use, and retention of personal information covered by the Privacy Policy from the European Union.

The Site and the Products and Services are intended for adult audiences, and IAVO does not knowingly collect any personal information from anyone under 13 years of age.

Changes in Privacy Policy

All personal information ("personal information" is defined as any information that identifies or can be used to identify the person to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. IAVO may change the Privacy Policy from time to time at its sole discretion and will provide notice of changes in the Privacy Policy and on the home pages for the domain sites mentioned above. If as the result of such changes you want to alter the ways in which IAVO is allowed to use your personal information, you can do so by following the procedure described in the section entitled “Updating your personal information and privacy preferences.” You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such notice has been posted with the following exception: if at the time you provide personal information to IAVO you limit how such information will be used to communicate with you, either by IAVO or by third parties, IAVO will not change your preference in this regard without your express consent. However, if IAVO sells assets (or the assets of a division or subsidiary) to another entity, or IAVO (or a division or subsidiary) is acquired by or merged with another entity, you agree that IAVO may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without obtaining your further consent, but IAVO will provide notice of such asset sales, acquisitions, or mergers on this Site.

Entities collecting personal information

Personal information on this Site is collected on behalf of IAVO by IAVO Research and Scientific, who is responsible for this site. IAVO’s address is:

415 East Chapel Hill St., Durham, NC 27701

Its telephone number is: 919-433-2400.

The Site contains links to other sites at which personal information is collected. In such instances, unless expressly provided to the contrary, the collection and use of your personal information will be governed by the privacy policy applicable to that site. That privacy policy should identify the entity that is collecting your personal information.

Updating your personal information and privacy preferences

You have the right to correct your personal information and privacy preferences at any time. With respect to Registration Information (as defined in the section entitled "Protection of your personal information"), this may be accomplished by contacting IAVO or accessing the webpage, where you can request changes to your personal information. You may also correct your personal information and privacy preferences (such as whether you wish to receive promotional communications) by writing IAVO at:

IAVO Research and Scientific Attn: Change of Address/Privacy, 415 East Chapel Hill St., Durham, NC 27701, USA.

Personal information submitted through this Site or in connection with the Products and Services that is not Registration Information is not accessible online. To access and/or correct such information and privacy preferences (such as whether you wish to receive promotional communications), you may write IAVO at:

IAVO Research and Scientific Attn: Change of Address/Privacy, 415 East Chapel Hill St., Durham, NC 27701, USA.

All users may also email: privacy-officer@iavo-rs.com

In your correspondence, please indicate with as much detail as possible the location on this Site or otherwise where you provided your personal information. You may expect a response within 30-days. For information submitted in connection with Products and Services, you may also follow instructions included or referenced within such Product and Service to access or correct the information.

Collection of personal information

As a visitor to this Site, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing online or hosted Products and Services, IAVO may ask you to provide certain information about yourself by filling out and submitting a form. It is optional for you to engage in these activities. If you elect to engage in these activities, however, IAVO may ask that you provide personal information, such as your first and last name, mailing address (including ZIP code), country of residence, e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal information. When ordering Products and Services via the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. Similarly, if you wish to delete your information (pursuant to the mechanism set forth in “Updating your personal information and privacy preferences”) that is mandatory, you will no longer be able to engage in a particular activity.

When you use the Site and the Products and Services, IAVO may also collect certain information about your computer to facilitate and evaluate your use of the Site and the Products and Services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, referring or exit webpages, and the Internet Protocol (IP) address of your computer. IAVO also uses such information to measure traffic patterns on the Site and usage of the Products and Services. We do not match such information with any other information held by IAVO unless we have your consent.

By using this Site and the Products and Services, you agree and acknowledge that personal information collected through the Site or in connection with the Products and Services may be transferred across national boundaries and stored and processed in any of the countries around the world in which IAVO maintains offices, including the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of your information may be undertaken by trusted third parties. Such third parties are bound by contract with IAVO not to use your personal information for their own purposes or provide it to any third parties. One instance where this could occur is in conjunction with framed pages in which the URL for the pages is not visible, and the pages are hosted for IAVO by such third parties. For example, on the sign up pages for some newsletters, the pages may be hosted by a third party vendor, but appear to be IAVO-RS.com (etc.) pages and are governed by the IAVO privacy policy.

IAVO has established relationships with various service providers whose services are available to you from the Site, from websites that are linked to the Site, or in connection with the Products and Services. Typically, these providers offer services that IAVO customers might find useful, such as those that can be used in conjunction with Products and Services. In order to use those providers’ services, you may be required to provide personal information to the providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider's website will be subject to the privacy policy posted on that site, and personal information that you provide while on the Site will be subject to this Privacy Policy.

To reduce errors in our database, authenticate our users, prevent abuse of our Site and the Products and Services, and provide more consistent, relevant experiences to our users, we may on occasion supplement the personal information you submit to us with information from third-party sources. For example, if permitted under applicable law, we may supplement your Registration Information with address information provided by the U.S. Postal Service to qualify your information and prevent errors in our database. As permissible, we may also supplement the information you provide to us with demographic and other information (such as age or interest in photography) stored in third-party databases in order to make it more likely that marketing communications we send will be of interest to you.

How your personal information is used

IAVO collects your information in order to record, support and facilitate your participation in the activities you select. If you subscribe to or register for Products and Services, 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. As another example, if you enter a contest, information is collected to qualify the entry and to contact you regarding the contest or prize awards. Your personal information is also used to track customer preferences and keep you informed about product upgrades, special offers, and other products and services of IAVO and selected third parties unless you have opted not to receive such communications or such communications are prohibited by law.

IAVO may collect information about the use of the Products and Services and the Site, such as the number of downloads, types of Services used, how many users we receive daily, and the IP/Internet address of your computer. This information is collected in aggregate form, without identifying any user individually.

IAVO may use this aggregate, nonidentifying statistical data for improving the Site and the Products and Services, providing more relevant experiences to our customers and for statistical analysis.

Certain Products and Services may require you to use the most current version of such Product and Service or are offered in conjunction with other Products and Services, which you may or may not have already downloaded. The Product and Service may automatically check to determine if you are using the most current version or have other Products and Services and through e-mail messages, pop-up boxes or similar mechanisms inform you if need to upgrade in order to use the Product and Service you have requested. During this process, an IP address identifying your computer and the Product and Service version may be sent to a Web server, but system profile information is not transmitted nor are cookies used to store information.

Your choices with respect to personal information

IAVO recognizes and appreciates the importance of responsible use of information collected on the Site and in connection with the Products and Services. IAVO will respect your legal rights regarding access to and correction and deletion of your personal information. IAVO may communicate information to you regarding products, services, and special offers available from IAVO or selected third parties unless you have opted not to receive such communications or such communications are prohibited by law, although we may find it necessary to continue to communicate with you regarding your use of the Site and the Products and Services. Except in the particular circumstances described in this Privacy Policy, IAVO will not provide your name to other companies or organizations without your consent.

There are other instances in which IAVO may divulge your personal information, such as where required by law, regulation, or litigation. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

Protection of your personal information

The personal information that you provide in connection with registering yourself as a user of the Site or of the Products and Services is classified as Registration Information. Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Registration Information resides on secure servers that only selected IAVO personnel and contractors have access to via password. IAVO encrypts your personal information and thereby strives to prevent unauthorized parties from viewing such information when it is transmitted to IAVO.

Personal information that you provide that does not constitute Registration Information also resides on secure servers and is accessible only to selected IAVO personnel and contractors via password. Since this information is not accessible online by you, you will not be asked to select a password in order to view or modify such information.

Please note that any information you post to a public bulletin board, blog or chat room is available to all persons accessing that location, and your e-mail address may also be posted on these venues. The information you share, including your email address, would then be available to all persons accessing these venues, and such information may be read, collected or used by others for any purpose, including sending you unsolicited messages. IAVO is not responsible for any information you elect to submit in these venues or the use of such information. In addition, you should be aware that the Forums offer a service in which subscribers are e-mailed a copy of all messages posted to the Forums on a particular topic. Consequently, if you post a message to the Forums, your e-mail address will be sent to those subscribers who have indicated an interest in the topic of your message.

Data not collected on this Site or in connection with the Products and Services

Personal information that is not collected on the Site or in connection with the Products and Services is not generally subject to this Privacy Policy. However, personal information submitted on physical product registration cards is classified as Registration Information and is subject to this Privacy Policy. This Privacy Policy also covers licensee information (such as contact name and address) provided in connection with IAVO’s volume licensing program. If you wish to access and/or correct such information, please see instructions for doing so in the section entitled "Updating your personal information and privacy preferences."

Tracking, use of cookies, web beacons and similar devices

To improve our Products and Services and the Site and provide more convenient, relevant experiences to our customers, we and our vendors may use "cookies", “web beacons”, and similar devices to track your activities. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables IAVO to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. A web beacon is a small transparent gif image that is embedded in an HTML page or email used to track when the page or email has been viewed. A similar device may be used by which a Product and Service may send data to a server when a set of user-initiated events occur such as the “Add to Cart” button is clicked. This device is similar to a cookie in that it tracks your visit and the data can only be read by the server that receives the data. It is different than a cookie in that it is not browser-based, may not function as an identification card, and does not store any data on your computer.

While IAVO uses cookies and similar devices to track your use of the Site and the Products and Services, such as the number of downloads, types of Products and Services used and downloaded, how many users we receive daily, and our web servers automatically log the IP/Internet address of your computer, IAVO does not generally use this information to identify you personally. However, if you expressly provide consent for the Site or the Product and Service to "remember" the unique identifier that you select when you register for various activities on the Site or the Products and Services, that unique identifier will be stored on a cookie on your computer and that unique identifier will be linked to your Registration Information. As a result, your navigation path around the Site and the Products and Services will be tracked.

Some Products and Services allow the tracking of access to or use of Products and Services by users, as opposed to IAVO. For example, certain Products and Services allow document authors to restrict access to documents, track access to or use of those documents, or involve communications and transmission of data over the Internet to verify the authenticity of documents, authors and recipients. In many cases, this type of tracking will be obvious to you as a user of the Products and Services, and in others, the software and services license or terms of use, pop-up boxes, or email messages will inform you of these features and your options, such as disabling options.

Some Products and Services require activation, which tracks information including installation rights and number of installations.

Most browsers are initially set to accept cookies, and most Products and Services that include similar devices are typically initially activated to collect data. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies or similar devices will probably not be able to access those pages or the related Products and Services.) Information about non-cookie tracking devices and their features, including disabling options, are contained in the information materials provided with such Products and Services or on Site pages relating to such Products and Services.

IAVO also hires other companies to place our banner ads on other websites and where they are permitted to perform tracking and reporting activities ("third-party advertisement servers"). Aside from IP addresses, they do not collect personally identifiable information in doing this work for us, and we do not give any personally identifiable information to them. Third-party advertisement servers are subject to their own privacy policies. IAVO may also allow other companies to display advertisements on certain pages of the Site or within the Products and Services. If you click on these advertisements these companies may place a persistent cookie on your computer that will allow them to contact you directly.

Privacy complaints

IAVO takes its users' privacy concerns seriously. If you believe that IAVO has not complied with this Privacy Policy with respect to your personal information, you may write to the IAVO Privacy Officer at the following address:

IAVO Research and Scientific Privacy Officer 415 East Chapel Hill St., Durham, NC 27701, USA

All users may also email: privacy-officer@iavo-rs.com

In your letter, please describe in as much detail as possible the ways in which you believe that the Privacy Policy has not been complied with. We will investigate your complaint promptly.

If you provide IAVO with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), IAVO will endeavor to update your privacy preferences in a timely and accurate manner.

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

The above information has been used by permission from and in Copyrighted by Adobe Systems and TRUSTe and also conforms to the Rights and Responsibilities clause agreed to as per use of the Adobe Dreamweaver software suite, with which this site is designed and managed.

Legal restrictions regarding sale of FeatureXTract:

Note: all sections apply collectively and must be considered as per applicable laws.

Royality-free: U.S. Government Users (as per SBIR Data Rights)

FeatureXTract was developed under an SBIR. The term "SBIR Data Rights" is defined at subparagraph (a)(18) of the clause at DFARS 252-227.7018, and all FARs applicable in this regard apply.

U.S. GOVERNMENT PURPOSE LICENSE RIGHTS (SBIR PROGRAM)
"For a period of 5 years after delivery and acceptance of the last deliverable item under the subject contract, this technical data shall be subject to the restrictions contained in the definition of Limited Rights in DFARS clause at 252.227-7018. After the 5-year period, the data shall be subject to the restrictions contained in the definition of Government Purpose License Rights in DFARS clause at 252.227-7018. The government assumes no liability for unauthorized use or disclosure by others. The legend, together with the indications included on any reproduction hereof which contains any portions subject to such limitations shall be honored only as long as the data continues to meet the definition of Government Purpose License Rights."

For more information regarding contract number(s) and other related provisions, please contact the company.

Limitations

FeatureXTract is available for purchase/use by U.S. entities only. It is not currently available for sale to non-U.S. citizens, foreign organizations, or similarly non-U.S. user categories without the legal permission coordinated with and offered by the U.S. Government. Non-US entities interested in buying FeatureXTract are urged to contact the company, understanding that sale outside the US may be allowed under permission from the U.S. Government under certain circumstances; and IAVO will examine the requirements in such case-by-case events to explore the legal requirements of any potential sale.

To request exception to this limitation: privacy-officer@iavo-rs.com

ITARS

The sale and distribution of FeatureXTract™ conforms fully and satisfy the requirements as stated in sections 120.10.a.5; 120.11, 121.1; 121.8.f; and 125 of SUBCHAPTER M – International Traffic in Arms Regulations, as per the Directorate Defense Trade Controls (DDTC), US Munitions List, Arms Export Control Act (AECA), and the International Traffic in Arms Regulations (ITARS – fully Parts 120-130). Thus, as per ITARS, these commercial software products as defined herein are eligible for international purchase as per DDTC, AECA, and ITARS. For more information, please write IAVO (415 East Chapel Hils St., Durham, NC 27701 USA).

Bureau of Industry and Security (BIS)

Disclaimers: GeoSPHERIC and the GeoSPHERIC family of products (of which FeatureXTract is part of; collectively named herein as "GeoSPHERIC et al.") are based fully on widely used open-source literature. There is nothing wholly unique or specialized in this software; and to the contrary, the tools herein are entirely based on subject matter routinely taught at universities in the United States (U.S.) and internationally. As such, other than the name of the software (e.g., GeoSPHERIC et al.), there is no part that can legitimately be considered proprietary or patentable by IAVO or any other party within the US or internationally.

Further, the user represents and warrants that he/she is not a Restricted Party, which means any person or entity that is (i) located or established in, organized under the laws of, or controlled by the government or by one or more nationals of Cuba, Iran, North Korea, Sudan, Syria, or any other country that may, from time to time, become subject to U.S. export controls for anti-terrorism reasons or designated as a country that is subject to a general prohibition on U.S. persons’ engaging in financial and/or export transactions; (ii) on the U.S. Department of Commerce Denied Persons List, Entity List, or Unverified List; U.S. Department of the Treasury list of Specially Designated Nationals and Blocked Persons; or U.S. Department of State List of Debarred Parties; or (iii) part of, affiliated with, or controlled by any non-U.S. military organization; or (iv) is otherwise designated by the U.S. government or any of its agencies as a party with which it is unlawful to do business.  If user becomes a Restricted Party during, the user shall immediately notify IAVO, and IAVO may terminate the license upon written notice to user.

GeoSPHERIC (i.e., "Software") may be subject to restrictions on (i) exports, re-exports and in-country transfers under the laws and regulations of the United States or other countries in which such items may be produced or located; (ii) releases of technical data to foreign persons; (iii) the provision of certain services that relate to or employ such items; and (iv) restrictions on the importation and/or use of such items (collectively, "Export Laws"), which may include, without limitation, the U.S. Department of Commerce Export Administration Regulations, the U.S. Department of the Treasury foreign assets control regulations, and the U.S. Department of State International Traffic in Arms Regulations. 

User shall not export, re-export, resell, transfer or otherwise dispose of any Software subject to this Agreement in any manner that user knows or has reason to know would violate any Export Laws, and user shall, at his/her sole expense, obtain any governmental authorizations, permits, or licenses that may be required under the Export Laws in connection with its handling of the Software, and shall pay any and all taxes and duties imposed on the delivery, import, sale or license of the Software in the Territory.  Diversion of the Software contrary to U.S. law is expressly prohibited.

Except as expressly authorized by IAVO and permitted under the Export Laws, user agrees not to transfer, resell, or divert any Software; release technical data; or to provide services relating to such items (i) to any Restricted Party (as defined in subsection (1) above), or (ii) to any party with respect to which user knows or has information from which it may be reasonably inferred that such items will be used directly or indirectly for any purpose that would be prohibited under the Export Laws.  

Further, the following statements are offered and agreed to by all users.

Condition 1: If U.S. users who have lawfully purchased the software in the US choose to transport and/or use GeoSPHERIC et al. – under their own choice or through the collective choice of others – outside of the US, such user(s) understands that it becomes his/her/their responsibility to comply with any and all international trade and industry security issues as they may apply; and that IAVO is in no way responsible for any non-US use of the GeoSPHERIC et al.

Condition 2: Similarly, if any user, through access to an application programming interface (i.e., API) adds any functionality to GeoSPHERIC et al., such added functionality becomes the full and absolute responsibility of such said user; and that IAVO is in no way responsible for any use, re-sale, support, or distribution of such additional GeoSPHERIC et al. functionality in this regard.

Note: The "CGS plug-in" is not distributed with the base FeatureXTract system. It is a separate component, and as such its distribution is currently limited to the US Government.

 

 

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