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Last Updated: September 9, 2013

Introduction

Appcelerator, Inc., and its affiliates (“Appcelerator”, “us”, “our” or “we”) are dedicated to protecting the privacy rights of our developers (“Developers” or “you”) and the end users of their applications (“App Users”). This Privacy Policy (the “Policy”) describes the ways we collect, store, use, and manage the information, including personal information, that you provide or we collect from you or from your App Users in connection with our website at www.appcelerator.com (the “Site”) and in connection with Appcelerator’s products (collectively, the “Service”). Personal information can include, for example, an individual’s first and last name, address, telephone number, e-mail address or credit card number. Please note that the scope of this Policy is limited to information collected or received by Appcelerator through your use of the Service. Appcelerator is not responsible for the actions of third party people or companies, the content of their sites, the use of information you provide to them, or any products or services they may offer. Any link to those sites does not constitute our sponsorship of, or affiliation with, those people or companies.

How We Collect Information

Website

When you visit our Site, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and referring Web site addresses may be logged automatically. We may also collect information about your usage and activity, such as number of clicks, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of this activity. We may use this information to monitor and analyze your use of the Service.

Cookies

Appcelerator uses “cookies” to keep and occasionally track information. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate within the Site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We set a persistent cookie to store your password if you choose “auto login”, so you don’t have to enter it more than once. We also store your display resolution and whether JavaScript is enabled in your browser to enhance your user experience. You can remove persistent cookies by following directions provided in your Internet browser’s help file. However, removing cookies may result in you not being able to take full advantage of the features of the Service. We may feature advertisements served by third party advertisers that deliver cookies to your computer so the advertisements you see can be tracked. Since the third party advertisers associate your computer with a number, they will be able to recognize your computer each time they send you an advertisement. These advertisers may use information about your visits to our Service in order to provide advertisements about goods and services of interest to you. This Policy does not apply to the information collection and use practices of these third party advertisers.

You may click on the following link: http://www.networkadvertising.org (or such other URL as may be specified by us from time to time) for information on how to opt-out of the use of cookies.

Web Beacons

A “web beacon” is an electronic image placed in the code of a web page or in emails. We use web beacons to monitor the traffic patterns of users from one page to another, to improve overall site performance and to tell if an email has been opened and acted upon.

Third Party Tools

Appcelerator’s Site may also contain third party tracking tools from service providers, examples of which include Google Analytics, DemandBase, and Marketo. These third parties may have access to your personal information in connection with the performance of services for Appcelerator.

Appcelerator Network Registration

When you register for the Appcelerator Network, we may collect the following information: your email address, name, password, city, country, state, Twitter user name, Facebook URL, LinkedIn URL, your title/organization, and phone number. We use such information to manage your Appcelerator account and to provide you with access to our Service. Your account is required to use Studio, obtain access to free Q&A and paid Helpdesk, use Data Analytics, get listed in DevLink, download and use modules, and buy products from Appcelerator Mobile Marketplace. We may also use such information to provide you with updates regarding our Service.

In order to use Appcelerator products, you must have a privacy policy that discloses (a) what data and other information of your App Users and their devices that you are going to provide to Appcelerator and what data and other information Appcelerator will collect from and about your App Users and their devices and (b) what uses Appcelerator may make of any data or other information about your App Users and their devices. Without limiting the foregoing, your privacy policy must specifically state that Appcelerator may collect data and other information from and about your App Users and their devices.

Mobile and Desktop SDKs – Titanium Platform

When you use the Appcelerator SDKs (either Mobile or Desktop), we may track the number of downloads of our SDKs that have occurred.

Studio

If you download and use our Studio product, Titanium or Appcelerator version, we may collect information regarding when you create/delete a new project i.e., use the Studio tool to create/delete a project that will become a mobile or desktop application based on the platform, test the application on a development machine in a simulated environment, install an application on a device, and prepare your application for distribution through web download or submission to an app store.

Analytics

When you use the Platform or the Studio, you have access to analytics and product usage data (“Analytics”). You may opt-out of Analytics for a mobile and/or desktop application by modifying the application’s tiapp.xml file to change the setting to “false”. Analytics enables you to track how your App Users use your applications to improve your products and services. The data you can collect includes the platform, model, manufacturer, operating system version of the device on which the App User uses your application, the timestamps in which the App User launches and exits your application, Titanium SDK Version, and geolocation data i.e., longitude and latitude of the location where the App User uses your application. You may also create custom analytics events for your application that are collected according to the execution logic of the application. This information is collected and sent back to Appcelerator’s servers. You can access this data at any time by going to the my.appcelerator.com/apps page and clicking on the “Analytics” button for your application.

Appcelerator Open Mobile Marketplace

The Appcelerator Open Mobile Marketplace (“Marketplace”) is an on-line shop for buying and selling mobile application components. If you use Marketplace, we collect the information listed above under Website. We use a third party to process all of the transactions on Marketplace. Payment information will not be processed, transmitted or stored on our servers or Site.

Other Collection

We may also acquire information from you through (1) your email of a question to our customer support, (2) your participation in surveys regarding the Service or (3) your participation in a sweepstakes or contest through the Service.

How We Use Information

We use personal information collected through our Service for the purposes described in this Policy or disclosed to you in connection with our Service. For example, we may use your information to:

  • operate and improve our Service;
  • understand your preferences to enhance your experience with our Service;
  • provide customer service;
  • provide and deliver products and services you request;
  • to send you Service information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
  • communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by us and our selected partners; or
  • link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services.

Disclosure of Your Personal Information

Appcelerator may share aggregate or anonymous information about you and/or your App Users with advertisers, publishers, business partners, sponsors, and other third parties.

Appcelerator does not share your personal information or your App User personal information except as approved by you or as described below:

  • With your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies.
  • Appcelerator may engage other companies and individuals to perform services on our behalf. Examples of these services include sending e-mails to you, payment processing, marketing, and analyzing data. These agents and service providers may have access to your personal information or your App User data in connection with the performance of services for Appcelerator.
  • Third parties may collect information through tracking technologies like browser cookies and web beacons to personalize your or your App User experience or to analyze traffic to improve your or Your App User experience.
  • We may release your information or App User information as permitted by law or when we believe that release is appropriate to comply with the law; enforce or apply our rights; or protect the rights, property, or safety of us or our developers, or others. This includes exchanging information with other companies and organizations for fraud protection.
  • Appcelerator may share your information or your App User information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business to another company.

Changing or Deleting Your Information

You may contact us regarding any questions or comments regarding this Privacy Policy by emailing us at privacy@appcelerator.com. If you completely delete all of your information, your account may become deactivated. You may opt-out of receiving promotional emails from us by following the instructions in those emails. If you opt-out, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations.

Under California law, California Residents who have an established business relationship with us may choose to opt out of the disclosure of personal information about them to third parties for such third parties’ direct marketing purposes. As detailed above, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email privacy@appcelerator.com.

Security

Appcelerator has put in place industry standard technical and organizational measures designed to secure your information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to overcome those measures or use your personal information for improper purposes. Also please note that email and messaging systems are not considered secure, so we discourage you from sending us personal information through these mediums.

Our Policy Regarding Children

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 13 may provide any personal information. In the event that we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at privacy@appcelerator.com.

International Transfer

We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. and the use and disclosure of information about you, including personal information, as described in this Policy.

Contacting Us

If you have any questions about this Policy, please contact us at privacy@appcelerator.com.

Appcelerator, Inc.
Attn: Privacy Counsel
440 N. Bernardo Ave.
Mountain View, CA 94043
U.S.A.