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Privacy Policy

 

LAST UPDATED: October 2, 2009

PDF Solutions, Inc. ("PDF," "we," "us") is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose Personally Identifiable Information (as defined below). This Privacy Policy (the "Policy") describes our practices in connection with Personally Identifiable Information that we collect through this website (the "Site"). This Policy does not address our practices regarding information that we collect through any website, or by any other means, other than through the Site; nor does this Policy govern the collection, use or disclosure of information by any of our affiliates (collectively, "Affiliated Entities") or by third parties.

By using the Site, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, you are not authorized to use the Site. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the "LAST UPDATED" legend at the top of this page. Any changes to our Policy will become effective upon our posting of the revised Policy on the Site. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.

1. What Types of Information Does PDF Collect From Me?

PDF gathers three basic types of information from you: "Personally Identifiable Information" (or "PII"), "Non-Personally Identifiable Information" (or "Non-PII") and "IP Addresses". Personally Identifiable Information is information that identifies you as an individual. Non-Personally Identifiable Information is aggregated information, demographic information and any other information that does not reveal your specific identity. An IP Address is the Internet Protocol address of the computer that you are using.

a. Personally Identifiable Information. You do not have to provide PII to use the Site. However, in order for you to take advantage of particular opportunities provided through the Site (for example, to register for technical support or software maintenance), we may require that you furnish PII. We collect PII from you, such as your name, postal address, telephone number and e-mail address, only when you voluntarily provide it to us.

b. Non-Personally Identifiable Information. When you visit and interact with the Site, PDF and third parties with whom PDF has contracted to provide services to PDF may collect Non-PII from you. Non-PII is generally collected from four different sources: environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.

i. Environmental Variables. We and our service providers may collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Site.

ii. Cookies. We and our service providers may use "cookies" on the Site. Cookies are data that a web server transfers to an individual's computer for recordkeeping and other purposes. We use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of our Site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. To learn more about cookies, please visit http://www.allaboutcookies.org/.

iii. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted e-mail messages to, among other things, track the actions of Site users and e-mail recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates.

iv. Information That You Voluntarily Provide. PDF also collects Non-PII (e.g., your interests, your geographic location, etc.) when you voluntarily provide such information to us. Such information constitutes Non-PII because, unless combined with PII, it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.

c. IP Addresses. Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever users visit the Site, along with the time(s) of such visit(s) and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.

2. How Does PDF Use Information Collected From Me?

a. Personally Identifiable Information. We may use PII about you in the following ways:

i. Fulfillment of Requests. PDF may use PII about you to fulfill your requests, such as to provide you with technical support or software maintenance.

ii. Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send you important information regarding the Site, changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important, you may not opt-out of receiving such communications.

iii. Other Communications. If you affirmatively opt-in, PDF and the Affiliated Entities may use PII about you to inform you by e-mail of products, programs, services and promotions that we believe may be of interest to you.

iv. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.

b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non PII, which does not personally identify you, with Affiliated Entities and other third parties, for any purpose.

In some instances, we may combine Non-PII with PII (such as embedding e-mail addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined (see Section 2.a above).

c. IP Addresses. We use IP addresses for purposes such as calculating Site usage levels, helping diagnose server problems, and administering the Site. We may also use and disclose PII for all the purposes set forth in Section 2(a) above and Section 3 below. Please note that we treat IP Addresses, server log files and related information as Non-PII, except where we are required to do otherwise under applicable law.

3. How Is Personally Identifiable Information Disclosed?

a. Affiliated Entities. We may share PII with our Affiliated Entities so that they may use such PII for the purposes described in this Policy. A list of Affiliated Entities can be viewed at http://www.sec.gov/Archives/edgar/data/1120914/000104746909002746/a2191505zex-21_01.htm.  PDF is the party responsible for the management of the jointly-used PII.

b. Third Party Service Providers. We work with third parties who provide services such as IT services, content providers, technical software support, product development, and other similar services. We may share PII about you with third parties for the purpose of enabling these third parties to provide services. We will notify you when we share PII with such third parties through e-mail, through the Site, or other appropriate means. Currently, we contract with Progineer Technologies for software maintenance and support and product development.

c. Business Transfers. In the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of PDF's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings), we may transfer any and all information that we collect from site users to an Affiliated Entity or a third party.

d. Law enforcement; emergencies; compliance. We may disclose PII about you to others as we believe to be appropriate (a) under applicable law including laws outside your country of residence; (b) to comply with legal process (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any Affiliated Entities; (f) to protect the rights, privacy, safety or property of PDF, the Affiliated Entities, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain.

4. Other Important Notices Regarding Our Privacy Practices.

a. Third Party Sites. The Site may contain links to third party websites. These linked sites (including without limitation the websites of Affiliated Entities) are not under PDF's control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by PDF or any Affiliated Entities. If you provide any PII through any such third party website, your transaction will occur on such third party's website (not the Site) and the PII you provide will be collected by, and controlled by the privacy Policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, THE AFFILIATED ENTITIES.

b. Security. We use reasonable organizational, technical and administrative measures to protect PII under our control. Security measures and tools, such as firewalls, are in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 4.k ("Contacting Us,") below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).

c. Opt-Out. If you change your mind, and no longer wish to receive marketing-related e-mails from us on a going-forward basis, or if you would prefer that we do not share PII about you on a going-forward basis with our affiliates for such affiliates' marketing purposes, you may opt-out of receiving such marketing-related e-mails or from such sharing by contacting us by e mail at legal.department@pdf.com. Please specify clearly which of the following choices you are opting out of:

i. Receiving marketing-related e-mails from PDF; and/or
ii. Allowing PDF to share PII about you with PDF's affiliates (including its parent and subsidiaries) for their marketing purposes.

We will endeavor to comply with your request as soon as reasonably practicable.

d. Changing or Suppressing PII. If you would like to review, correct, update or suppress PII about you that has been previously provided to us through the Site, you may contact us by e mail at legal.department@pdf.com. For your protection, we will only implement such requests with respect to the PII associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request.

In each event, you must clearly indicate the information that you wish to have changed, clearly indicate that you wish to have PII about you suppressed from our database or clearly indicate the limitations you wish to put on our use of PII about you. We will endeavor to comply with your request as soon as reasonably practicable. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed therefrom. Finally, we are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared PII about you, or limiting their use of PII about you.

e. Retention Period. We will retain PII about you for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required by law.

f. Note Regarding the Use of the Site by Children: The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide PII through the Site.

g. Jurisdictional Issues. PDF does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. By using the Site and submitting any PII, you consent to the transfer of PII to other countries, including the United States, which may provide a different level of data security than in your country of residence.

h. Contacting Us. You may request appropriate access, correction, or deletion of your PII, as required by law. If you have any such request or other questions regarding our practices or this Policy, please contact us by e-mail at legal.department@pdf.com, or please write to the following address:

PDF Solutions Inc.
Attn: Legal Department
333 W. San Carlos Street, Suite 1000
San Jose, CA 95110 (USA)

Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information in your e-mail correspondence with us.