DISK HERO PRIVACY POLICY

This Privacy Policy explains Disk Hero policy regarding the collection and protection of Personal Data supplied by users or collected by us from users of the diskhero.com web site and Disk Hero backup service (the "Service").

Disk Hero defines "Personal Data" as any data from which it is practical to directly determine the identity of an individual. Any capitalized terms not defined in this Privacy Policy have the meanings given in the Disk Hero License and Service Agreement (the "User Agreement"). This Privacy Policy may be updated by Disk Hero from time to time. Disk Hero will provide notice of materially significant changes to the Privacy Policy by posting notice on the diskhero.com web site.

By registering to use the Disk Hero Service, you agree to comply with the terms and conditions of this Privacy Policy.

HOW DISK HERO USES INFORMATION

Personal Data

We will not sell or market the email addresses of registered Users to third parties.

We will not view the files that you backup using the Disk Hero backup service.

We may view your file system information (file extensions, sizes etc. but not your file contents) to provide technical support.

You acknowledge and agree that Disk Hero may occasionally send you administrative communications regarding your account or the Service via email or online messaging systems.

Cookies and Passive Data Collection

Disk Hero uses cookie, IP address, and URL information to improve and further develop the Service, and to provide enhanced features to Users, where available. Disk Hero uses cookies to save User screen names, session validates, and on Users' browsers and hard drives, and may use them to provide tailored products and services to those Users, as they become available.

IP Addresses also help us to diagnose problems with our servers, to administer the Service, and to otherwise provide the Service to our Users.

USER INFORMATION DISK HERO COLLECTS

Personal Data

Once you register with Disk Hero and sign in to the Service, you are not anonymous to Disk Hero.

When registering on Disk Hero, you provide Personal Data, which includes a user name, confirmed email address and a password. When backing data up with the Disk Hero Backup service, you send us that data and you also are sending file system information, including names of files and directories. Disk Hero may also record your IP address when you submit information.

Disk Hero also may collect, at your option, certain preference and demographic information from you.

To protect your account information, please keep your password secure.

All Users may opt to remove their Personal Data from our live database by contacting Disk Hero and canceling their Disk Hero user account or by signing into your account online and canceling.

Disk Hero does not intentionally gather Personal Data about visitors who are under the age of 13.

Cookies and Passive Data Collection

Disk Hero automatically receives and records information on our server logs from your browser, including your IP address, cookie information, and the page you request.

Users should be aware that other web sites visited before entering the diskhero.com web site might place Personal Data within a User's URL during a visit to their web site, and Disk Hero has no control over such web sites. Accordingly, some of this information may be logged by Disk Hero.

Links to Third Party Sites

The diskhero.com web site may contain links to other sites that are not under our control. These web sites have their own policies regarding privacy. You should review those policies before visiting the web sites. We have no responsibility for linked web sites, and we provide these links solely for the convenience and information of our visitors.

DISCLOSURES

Disk Hero Service Providers

Disk Hero does not disclose Personal Data to third parties, except to process credit card information for orders. However, at a future time, Disk Hero may need to provide users' Personal Data to other third parties to deliver specific services to the user (such as hosting services or support services). These third parties will be required to adhere to Safe Harbor Privacy Principles or at a minimum Disk Hero will require the third party to certify they follow privacy protection equal to Disk Hero's. Users will also be provided with a mechanism to opt-out of having their Personal Data viewed by such third parties.

Law Enforcement; Subpoenas

Disk Hero may disclose Personal Data, including the data you back up with the Service, with or without notice (a) if required by a subpoena or other judicial or administrative order, (b) where required by law, or (c) at our sole discretion, where we deem it necessary to protect the safety of any individual or the general public or to prevent violation of our User Agreement or the rights of Disk Hero or any third party.

Change of Ownership

In the event of a change in ownership, or a direct merger or acquisition with another entity, we reserve the right to transfer all of Disk Hero' User information, including Personal Data, to a separate entity. We will use commercially reasonable efforts to notify you (by posting on our web site or an email to the email address you provide when you register) of any change in ownership, merger or acquisition of Disk Hero' assets by a third party, and you may choose to modify any of their registration information at that time.

SECURITY

Disk Hero uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the information collected by Disk Hero in a secure operating environment that is not available to the public, Disk Hero cannot guarantee complete security. Further, while we take reasonable steps to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "crackers" from obtaining this information. Note all your data is stored with full compression and encrypted so breaches of data are extremely difficult.

UPDATING OR REMOVING USER INFORMATION

You may, at any time, choose to correct or update the information you have submitted to Disk Hero, by updating your account on our web site.

If you cancel your account, your Personal Data and other information may be retained in our archive or backup records for 30 days only.

REVISIONS TO THIS POLICY

Disk Hero reserves the right in our sole discretion to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification of this policy will be posted on the diskhero.com web site, and a User's continued use of the Service will signify agreement to such changes.

PRIVACY COMPLAINTS

If you have a dispute or complaint about privacy on a Disk Hero's website, we kindly ask that you attempt first to resolve the issue directly with Disk Hero by emailing admin@diskhero.com

Adherance to European Union Safe Harbor Privacy Principles

Disk Hero has instituted measures and mechanisms to ensure adherence to the European Union Safe Harbor Privacy Principles. Among other requirements, adherence involves engaging an independent third party to resolve privacy disputes. If you are a European consumer and feel your privacy dispute or complaint has not been adequately resolved, the Council of Better Business Bureaus has been contracted by Disk Hero to handle complaints that allege a failure to comply with the Safe Harbor Privacy Principles.

CONTACTING DISK HERO

Users with questions about this Privacy Policy and any of the aforementioned statements may contact Disk Hero the following ways:

E-Mail
support@diskhero.com

Postal
Disk Hero
7172 Regional Street, Suite 107
Dublin , CA 94568

Voice: 925-246-5547

REGISTRATION OR USE OF THE SERVICE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY

Effective Date January 4, 2008