Privacy Policy

 

PowerBrick has created this Privacy Policy in order to inform you of PowerBrick's commitment to privacy. The following discloses PowerBrick's information gathering and dissemination practices for this Web Site (the "Site"). PowerBrick has other websites which may contain their own applicable privacy policies. Your visits to those sites will be governed by the privacy policies, if any, that govern those sites.

PLEASE REVIEW THIS PRIVACY POLICY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT USE THE SITE. BY SUBMITTING ANY PERSONAL INFORMATION TO THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.

Your use of this Site and the terms of this Privacy Policy are also subject to the Terms of Use. Please review those Terms of Use for additional detail regarding your use of this Site.

GENERAL INFORMATION

IP Addresses and Cookies

Generally speaking, you may visit the Site while remaining anonymous and not revealing any personal information.

PowerBrick uses your IP address to help diagnose problems with the Site servers, to administer the Site, to monitor Site usage, and to gather broad demographic information. Your IP address is used to help identify you and to aid in your navigation through the Site as determined by your customization options, if any. PowerBrick also may aggregate the IP address with other information to create anonymous Site statistics. PowerBrick does not, however, use your IP address to collect personal information about you.

This Site also uses "cookies" to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. PowerBrick also uses cookies to allow you to use features or services that you decide to select, or to keep track of usage services or links provided on the Site. PowerBrick does not, however, use cookies to collect personally identifiable information about you.

Submission of Personal Information

Certain portions of the Site may require that you submit some personal information, such as your name and email address, before using those portions of the Site. At minimum, you are typically required to register with the Site and provide your name or email address before using any of the members only areas of the Site. For some services, such as accessing the Support and Download sections, registering for Events, or requesting a Demo CD, you may have to create an account, and submit additional personal information such as your mailing address. You may also be required to submit information such as your name and email address before you will be authorized to post information on the Site.

Use of Personal Information

PowerBrick uses that information to provide the services and information you select, to better understand its customers, to provide better products and services, and to assist PowerBrick with the Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by PowerBrick to enforce the Terms of Use and other terms or conditions applicable to any portion of the Site.

PowerBrick also uses this information to send you information about PowerBrick, PowerBrick, or other topics PowerBrick thinks may be of interest to you, such as product information or updates. As part of its business, PowerBrick works with PowerBrick as well as other authorized partners, such as authorized resellers, to provide you with the services and information described above. As part of those activities, PowerBrick may share your information with those authorized entities so that they can directly provide the information or services to you.

Third Parties

PowerBrick does not sell to third parties information you have submitted to this Site that identifies you personally.

On occasion, PowerBrick may offer in conjunction with third parties certain services that may require you (or PowerBrick) to share your personal information with that third party as a condition for providing that service. While PowerBrick will treat any information it receives in accordance with this Privacy Policy, PowerBrick will not be responsible for the information submitted by you to that third party, and PowerBrick reminds you to review the applicable rules and any third party's applicable privacy policies separately before participating in such service.

Declining Information

You can always change your mind; see the Accept/Decline section below. Please note that it may take us a reasonable amount of time to process your request, but once we do, we will no longer use your information.

Even if you decline to receive information or cancel your account, PowerBrick reserves the right to use the information you previously provided to contact you about administrative matters relating to your use of any portion of the Site, your account, or about any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in-effect.

Special Note for PowerBrick PUBLIC-SPEAKOUT Users

The PowerBrick PUBLIC SPEAKOUT is an e-mail discussion list for users of products and services from PowerBrick., which has been provided by PowerBrick since November 5th 2000.

The  PowerBrick PUBLIC SPEAKOUT is subject to this Privacy Policy to the same extent as other portions of the Site. PowerBrick does not, without your permission, use the PowerBrick PUBLIC SPEAKOUT email information to contact you individually with information about PowerBrick or other topics PowerBrick thinks may be of interest to you, or distribute to third parties information that identifies you individually and personally.

By merely subscribing (or continuing to subscribe) to the  PowerBrick PUBLIC SPEAKOUT alone, PowerBrick does not consider an  PowerBrick PUBLIC SPEAKOUT user to have given us permission to use his or her e-mail address for anything other than the PowerBrick PUBLIC SPEAKOUT itself, and the proper administration of the  PowerBrick PUBLIC SPEAKOUT or the Site in general.  PowerBrick PUBLICSPEAKOUT users are also not automatically registered as members of the Site; you will need to register separately. If and when you sign up as a Site member, you are typically asked whether you want to receive information from PowerBrick or third parties. Be sure to review your choices carefully to make sure you make the selections you personally want.

As with other portions of the Site, PowerBrick reserves the right to use the name and email to contact an  PowerBrick PUBLIC SPEAKOUT user about the  PowerBrick PUBLIC SPEAKOUT or Site administrative matters, such as any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in-effect.. PowerBrick also reserves the right to continue to participate in the  PowerBrick PUBLIC SPEAKOUT like any other user, such as posting information to the  PowerBrick PUBLIC SPEAKOUT that it believes may be of interested to or otherwise appropriate for the PowerBrick PUBLIC SPEAKOUT.

Please note that  PowerBrick PUBLIC SPEAKOUT is, and always has been, a public mailing list. That is, every other subscriber or other third parties can read (or forward to others) all the information you post to the PowerBrick PUBLIC SPEAKOUT, such as your name or e-mail address. As always, PowerBrick is not responsible for the use third parties may make of information you have made publicly available in this or any other public forum. Please see below for further information about Public Forums for Posted Information.

Law Enforcement and Posted Information Exceptions

One exception to this Privacy Policy is that PowerBrick may provide information you submit to this Site to law enforcement authorities. As noted in the Terms of Use PowerBrick intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to PowerBrick or on this Site. Such orders or requests supercede the terms of this Privacy Policy. Another exception applies to any information you decide to post in one of the Site's public forums. See Public Forums. Finally, notifications of claimed copyright infringement, counter notifications or other information submitted to and necessary to process a notification under a Copyright Complaint are also exempt from this Privacy Policy.

Aggregation and Use of Anonymous Data

PowerBrick does aggregate all information provided by you to create anonymous statistical and demographic data. This anonymous data helps PowerBrick to understand and know its customer base better. That anonymous data may be provided to third parties but never in such a fashion as to identify you personally.

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Public Forums for Posted Information

Certain portions of the Site are designed to offer you the opportunity to post information on the Site, including but not limited to information about yourself ("Posted Information"); see Terms of Use). For example, you may be permitted to post your resume information on the Site, or post messages in any chat rooms, message boards, mailing lists, and/or news groups this Site makes available to its users.

Please remember that any Posted Information becomes public information and you should exercise caution when deciding to disclose your personal information. If you decide to post any information, that Posted Information is exempt from this Privacy Policy.

Please see the Terms of Use, including but not limited to Section 2: Posted Information, for additional terms applicable to Posted Information.

Links to Other Sites and Advertising

This Site contains links to other sites not operated by PowerBrick. PowerBrick is not responsible for the privacy practices or the content of those web sites. Please be sure to review the privacy policies of those sites.

This Site may display advertisements and/or links to third parties. These advertisements or links may contain cookies placed by those third parties. PowerBrick is not responsible for those advertisements, the web sites to which they are linked, or how any other linked sites, may use their own cookies or information. For example, cookies received with banner ads may be collected by the company posting the ad on our Site. Again, please refer to that company's privacy policy for further information.

Surveys and Contests/Sweepstakes

From time to time PowerBrick may make online surveys available to users of the Site. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an email address, in addition to requesting answers to survey questions. PowerBrick may use that personal information to contact the participant if necessary, or as otherwise described above. PowerBrick may make the results of any survey publicly available, although PowerBrick will not attribute any particular response to you without your permission.

On occasion PowerBrick may make available to users of the Site contests, sweepstakes, or similar events in which they may qualify for participation. Participation is always voluntary and subject to the applicable rules. The rules may ask participants to provide personal information as a condition of participation. PowerBrick may also make the winner's names public, as provided in the applicable rules, or as required by applicable law. PowerBrick may also use that information as described above. In some instances, the applicable rules may contain additional or different uses for the information you provide; please be sure to review those rules carefully before entering.

PowerBrick may permit a third party to sponsor a survey, contest, sweepstakes, or other similar event ("third party event") with PowerBrick, such as through posting it on the Site. Such third party events are governed solely by any applicable rules, and may require you to provide information to that third party as a condition for participation. While PowerBrick will treat any information it receives in accordance with this Privacy Policy, PowerBrick is not responsible for the information gathered by that third party, and PowerBrick reminds you to review the rules and privacy policies separately applicable to those third party events.

Children

No portion of the Site is directed at children (defined as individuals age 13 and under) nor are children encouraged to use the Site. PowerBrick does not knowingly solicit any personal information about children.

SECURITY

General Issues

Generally speaking, this Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Since the Site under general usage does not collect financial information, PowerBrick uses the standard internet connections for those general usage portions of the Site, without secured sockets.

Specific Services

This Site may provide certain additional, optional services that may use additional security measures to protect the information, such as financial information, provided by you to obtain the service. Those additional security measures may vary, depending upon the particular service offered. You will be informed of any specific security measures at the time you register for a particular service. Please review that information for further detail.

Site Registration

In some cases, you may be prompted to register with the Site to undertake a particular Site activity or obtain a particular service. As part of that registration, you may be asked to choose your own password. PowerBrick reminds you to protect your password, and not provide it to others to use. Allowing others to access and use your account and password can compromise the security of your information. PowerBrick disclaims any responsibility or obligation for your decision to provide your password to others.

CHANGES TO THIS POLICY

If and when PowerBrick makes changes to this Site, PowerBrick may have to update this Privacy Policy to better reflect those changes. But no update to this Privacy Policy will, in itself, alter the choice you already made about how PowerBrick can use your personal information. Because changes to this Site or updates to this Privacy Policy may occur, you should review this Privacy Policy from time to time. Remember, your decision to continue using this Site after this Privacy Policy is updated will signify that you have agreed to any new Privacy Policy terms.

ACCEPT/DECLINE

Typically you accept to receive communications when you submit information to the Site. If you wish to remove your information from the Site registration database and no longer receive future communications or use any services, you may do so through any of the methods described below. Please note that it may take us a reasonable amount of time to process your request.

  1. The Profile section of this Site may permit you to change a previous selection and decline to receive further communications, or to delete your registration.
  2. A particular service may have an Administration section that allows you to change any previous selections for that service.
  3. You can send an email to Administration@PowerBrick.net for assistance in deleting/changing your prior selections.

CORRECT/UPDATE

This Site gives users the following options for changing and modifying information previously provided.

  1. The Profile section of this Site may permit a registered user to change or modify information previously provided.
  2. A particular service may have an Administration section that allows you to change or modify information you previously provided for that service.
  3. You can send an email to Administration@PowerBrick.net for assistance in deleting/changing your prior selections.

CONTACTING THE WEB SITE

If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact the Manager at the following address and email:

Manager, Website Strategy & Operations
PowerBrick.
PO Box 68-266
Newton
Auckland
New Zealand
webmaster@PowerBrick.net

NOTICE TO EUROPEAN USERS

Please note that the information you enter on the Site or otherwise provide to PowerBrick Technology, or its subsidiaries or divisions, may be transferred outside of the European Economic Area, for purposes of processing, by PowerBrick. a company located in Auckland New Zealand, or its subsidiaries or PowerBrick's subsidiaries or divisions, or authorized partners, located worldwide, in order to provide this Site and its services to you. You are advised that the New Zealand uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31)

Article 26 of the European Union's Data Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection.

By agreeing to this Policy, you consent to the transfer of all such information to New Zealand and the processing of that information as described in this Policy.

DISCLAIMERS

PowerBrick intends to take reasonable precautions to abide by this Privacy Policy. Nevertheless, in the event that PowerBrick does not comply with all terms contained in this Privacy Policy, you agree by using this Site and by submitting information to this Site that your sole and exclusive remedy against PowerBrick will be to have PowerBrick promptly correct the handling of your information in the future to accord with this Privacy Policy, and to notify anyone to whom PowerBrick directly transferred any information of the correct information or to cease using such information.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, PowerBrick AND ITS SUBSIDIARIES, AND DIVISIONS DISCLAIM ANY OTHER OBLIGATION, LIABILITY, OR WARRANTY TO YOU FOR ANY OTHER ACTION, INACTION, OMISSION, OR OTHER ACTIVITY THAT IS NOT IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, ITS TERMS, OR ITS DISCLAIMERS THEN YOU SHOULD NOT USE THIS SITE.

UNDER NO CIRCUMSTANCES SHALL PowerBrick AND ITS SUBSIDIARIES AND DIVISIONS, OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THIS PRIVACY POLICY, OR THE FAILURE OF PowerBrick AND ITS SUBSIDIARIES AND DIVISIONS, OR THEIR SUPPLIERS OR LICENSORS TO ADHERE TO IT, EVEN IF PowerBrick AND ITS SUBSIDIARIES AND DIVISIONS, OR THEIR SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, THE RESPECTIVE LIABILITY OF PowerBrick AND ITS SUBSIDIARIES AND DIVISIONS, OR THEIR SUPPLIERS OR LICENSORS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Last Updated: Feb 25th, 2011