flatster of America Privacy Policy

This document was last updated August 17, 2008.

flatster of America, LP is committed to protecting the privacy of your personal information. This Privacy Policy explains how flatster of America collects and utilizes your personal information when you use our products and services.

WHY DO WE COLLECT PERSONAL INFORMATION?
flatster of America collects personal information to improve the manner by which we operate and offer our products and services, communicate with you about those products and services, and provide effective, timely customer support when needed. We will never rent or sell any of the personally-identifiable information we collect from you to third parties, and will not share your personally identifiable information with third parties without your consent, unless such sharing is necessary for the purposes set forth in this Privacy Policy.

WHAT PERSONAL INFORMATION DO WE COLLECT?
You must open an account or complete an online registration with flatster of America to download or purchase flatster of America products and services, including free software and service trials. Information gathered during the registration or account creation process, or during access to particular products
and services, may differ based on the nature of the product or service. Information that you provide when registering or creating an account, or accessing or using your account or the flatster products or services associated with your account, may include: name and email address; payment information; information concerning software downloaded, products and services purchased, accessed, location information (such as zip code or postal code and country); computer configuration (such as operating system, connection speed, and peripherals); the IP Internet (IP) address and URL of the Website that sent you to the flatster of America registration page; the types of peripherals used by flatster of America products on your computer (to ensure that you have access to the latest fixes and patches for full compatibility with these devices);
demographic information provided by you (such as language, gender and age, and, if applicable, content preferences and personalization information); and whether you logged into or out of a flatster of America service, or changed your password or payment information. As of the date of this privacy policy, flatster of
America does not intentionally collect personally identifiable information from children under the age of 13. We will not sell, rent or otherwise distribute your personally identifiable information to third parties without your consent, except as set forth below.

HOW DO WE KEEP YOUR PERSONAL INFORMATION SECURE?
flatster of America understands that it is a privilege to have you as a customer and is committed to protecting your personal information. We use the following controls to protect your personal information: ??Use of secure connections using SSL to safeguard information when transmitted from your Web browser to flatster of America; ??Use of security controls to restrict access to databases housing personally identifying information; ??Use of encryption for sensitive personal information, such as credit card numbers and user names; ??Restrict employee access to databases containing personal information and impose confidentiality requirements upon employees who do; and ??Bind subcontractors with contractual, technical and organizational
measures to protect your personal information.

HOW DO WE USE YOUR PERSONAL INFORMATION?
flatster of America uses your personal information to:

Deliver to you and bill you for flatster of America products and services, and communicate with you concerning your account and customer service issues. This may include verifying authorization of credit card usage before any purchase of premium content or services;

Verify access rights to premium content or other access-restricted services and software;

Determine if you meet the minimum system requirements to use our products, and provide information concerning compatibility and interoperability to you;

Ask you to participate in surveys about products, services, news and events;

Provide you with content, services, instructions, and a more personalized experience based on personal information, such as your language preferences, zip/postal code, country locations, and any content or other preferences you provide;

Auto-update downloaded flatster of America products;

Provide you with news, free newsletters, updates, targeted advertising, promotions, and special offers; and

Better understand how our products are used, including Web traffic patterns and what types of content are most popular with users of our products and services.

WHEN AND HOW DO WE SHARE YOUR INFORMATION WITH THIRD PARTIES?
flatster of America does not use your personal information for purposes incompatible with those listed above. flatster of America does not sell, rent, or share your personal information to a third party unless you consent to providesuch information to a third party partner or content service.
In some cases, access to certain products and services, such as content subscription products or products distributed by third parties, may require the provision of personal information to a third party, such as a content provider ordistributor. In such cases, this will be stated during the registration process, in the terms of use, through the distribution process, or in a similar manner. The third party's use of such information is governed by that party's privacy policy, and flatster of America' use is governed by this privacy policy. Please visit the privacy policy of the content partner to make sure you understand how they use
the personal information you provide to them. If you do not wish for such a transfer to take place, you should not register for the applicable product or service. Additionally, flatster of America may be required to provide specific access and usage information to certain content providers and rights holders as a condition of content licensing and royalties. In such cases, flatster of America may provide content usage, access, demographic and other information without your personally identifiable information (your name, billing information, email address) to the content provider.

flatster of America may disclose relevant information about our customers to our contractors (e.g. a customer service contractor or a credit card clearing service) in order for them to provide specific services for flatster of America, and to betterserve our customers. flatster of America' contractors are bound by strict
contractual requirements to keep all personal information they process strictly confidential and to use such information solely on behalf of flatster of America.Also, flatster of America may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law; (b) comply with the order of a competent judicial authority in any jurisdiction; (c) comply with legal process served on flatster of American (d) protect and defend the rights or property of flatster of America; or (e) act in urgent circumstances to protect the personal safety of users of flatster ofAmerica products or the public at large.

Obligatory or Optional Nature of the Requested Information. Some of the personal information collected by flatster of America is necessary to provide you with the flatster of America product or service you choose and to optimize the delivery of audio data to your computer. flatster of America software may include theopportunity to disable certain software features to increase yourlevel of privacy. However, certain technical information (e.g., zip code, product id,guid) may be automatically transmitted between networked servers tonauthenticate access to products and services, enable their delivery, or optimize your media delivery experience.

E-MAIL FROM FLATSTER OF AMERICA
Registering for a product or service allows you to tell us how or whether you want flatster of America to communicate with you. Generally, we send e-mail to you about our products, content and special offers. During registration, you may opt out of receiving flatster of America marketing e-mails and/or newsletters for the relevant product or service. However, we may continue to send you e-mail about products or services you have previously purchased (such as an availableupgrade that you are entitled to receive), your account status or other information concerning functions, features and status of your flatster of America products and services, or to inform you about critical technical service issues relating to a flatster of America product or service.

CHANGES TO OUR PRIVACY POLICY
We frequently revise this Privacy Policy to keep it up to date with flatster of America products, services and Web pages. "Updated" may be used to alert users to recent changes and to the date of the last update. We also post FAQ's from time to time on specific products.

NON-US CUSTOMER INFORMATION
If you are a customer who is logging on from outside the United States, the personal information you submit to flatster of America will be sent to and stored on servers at flatster GmbH, our German headquarters in Duesseldorf, Germany.

NO ERROR FREE PERFORMANCE
We customarily release alpha and beta versions of our products, which are further refined before the release of the final "Gold" version. Because these products are still in a test phase, we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome feedback on any privacy concerns you may have, and on how to improve our products generally, in all stages of release. flatster of America does not guarantee error-free performance under this privacy policy. We will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. flatster of America shall not be liable for anyincidental, consequential or punitive damages relating to this Privacy Policy. This Privacy Policy shall be governed by the laws of the United States.

CONTACT US ABOUT PRIVACY
If you have any questions about this privacy policy, or the privacy practices of flatster of America, you can email us.privacy@flatster.com or write to: Flaster of America, 4307 Del Prado Blvd. S., Cape Coral, Florida, 33904, Attn: PRIVACY OFFICER.

Flatster of America LP
Cape Coral, FL