Privacy Statement Effective as of January 1, 2009

Instantis, Inc. is strongly committed to protecting the privacy of information it handles.

Instantis adheres to the Privacy Principles covered by the Safe Harbor Agreement between the European Union and the United Sates. For more information about the Safe Harbor agreement or our registration, see the Safe Harbor web site.

Information we collect and how we use it

Our Web Site and Marketing efforts:

• On our web site, www.instantis.com, provided you have actively chosen to contact Instantis for pre-sales, partnership, job applications and other such purposes, or we ask you to provide Personal Information, including contact information (name, title, company, email, phone, etc.) and Business Information about your project portfolio management needs. We use this Information to contact you by email or phone about the items in which you have expressed interest. We also use this Information from time to time to send you email on new products and news from Instantis or upcoming industry events.
• You may choose to respond to emails sent by Instantis  to participate in Surveys, Research, Special Offers provided by Instantis or subscribe tour Quarterly newsletter. If you so choose, we collect Personal and/or Business Information as described above or in the case of surveys such other information as requested by the survey. These are handled in the same manner as information gathered above and to conduct aggregate analysis of survey responses. You may unsubscribe to such emails sent by Instantis.
• Instantis may collect routine information generally automatically provided by web browsers during your browsing our Web sites, such as your IP address, browser type, cookies, date/time stamp, referrer URL, etc. Instantis may use this information to analyze statistics about visits tour web sites and to analyze the domains or corporations from which such visits are made.
• Instantis does not disseminate Personal  Information collected through the above-mentioned means to third parties except as may be required by law.
• If Instantis receives personal information from its affiliates or other entities in the EU, they will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.

Account and Billing Information related tour products and services:

• We collection information for purposes of account creation, billing and support.
• Account activity information such as date and time of access, browser type, IP address, referrer URL, cookies, storage usage, etc. associated with Software-As-A-Service (SaaS) applications may also be collected. We use this to provide service and security.
• Instantis does not disseminate personally identifiable information collected through the above-mentioned means to third parties except as may be required by law.

Customer information entered into our SaaS application:

• The Customer can choose to have Instantis host the Instantis EnterpriseTrack or other SaaS applications
• The SaaS applications collect a variety of Customer Data, including  business and/or personal information related to the business purposes of the application.
• Collection of this information and access to this information is controlled by the Customer by deciding which of their users are allowed logins to the application (Authorized Users) including higher privileges up to system administrator. The use of this information by the Customer’s Authorized Users is governed by the Customer’s internal policies. The conduct of the Authorized users is also governed by contractual terms in the Hosting Agreement with Instantis.
• The Customer Data is fully owned by the Customer and Instantis disclaims any ownership of the Data. Instantis also adheres to strict policies with regard to disclosure of Customer Data in accordance with Confidentiality obligations contractually entered into with each Customer.
• Instantis does not disseminate this information to third parties. Instantis personnel may access Customer Data for the purpose of ensuring delivery of the SaaS hosting service for the Customer, for resolving problems, providing support, performing upgrades, auditing license compliance with these Agreement, or as may be required by law.

Choice

Instantis will offer individuals the opportunity to choose whether they want to receive further marketing oriented communications (opt-out). It will also provide choices as to what their personal information can be used for and if it can be disseminated to non-agent third party or used for a purpose other than the original purpose. Mechanisms to exercise these choices are contained in the associated communication or the choices can be conveyed to Instantis by contacting the Privacy Team at Instantis by clicking here.

Onward Transfer

Instantis will obtain assurances from their agents that they will safeguard personal information consistently with this Policy. The forms of assurances will include one or more of the following: 1) a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles 2) being subject to EU Directive 95/46/EC (the EU Data Protection Directive) 3) Safe Harbor certification by the agent 4) being subject to another European Commission adequacy finding. Instantis will take reasonable steps to prevent  undue disclosure of such information by an agent if it becomes aware of such an act.

Data Integrity

Instantis will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual or organization. Instantis will take reasonable steps to ensure that personal information it collects is maintained in a manner  relevant tits intended use, and is accurate, complete, and current.

Access and Corrections

Instantis will grant individuals reasonable access to personal information that it holds about them upon request. Instantis will also take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

Security

Instantis will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Enforcement

Instantis will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that the company determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

Dispute Resolution

Any questions or concerns regarding the use or disclosure of personal information should be directed to the Privacy Office at the address given below. Instantis will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this policy. For complaints that cannot be resolved between Instantis and the complainant, Instantis has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles. Adherence by Instantis to these Safe Harbor Principles may be limited to the extent required to respond to a legal or ethical obligation, and to the extent expressly permitted by an applicable law, rule or regulation.

Contact Information

Questions or comments regarding this policy should be submitted by mail t: Attention: Privacy Office, Instantis Inc., 3005 Bunker Hill Lane, Santa Clara 95054, USA. Phone: (1) 408-986-8800.

Changes to this Safe Harbor Privacy Policy

This Policy may be amended from time to time, consistent with the requirements of the Safe Harbor Principles. A notice will be posted on the Instantis’ web pages (www.instantis.com) for sixty days whenever this Safe Harbor Privacy Policy is changed in a material way.