The Site and the Products and Services are intended for adult audiences, and S3 Solutions does not knowingly collect any personal information from anyone under 13 years of age.

Changes in Privacy Policy

All personal information ("personal information" is defined as any information that identifies or can be used to identify the person to whom such information pertains) that we collect and maintain will be subject to this Privacy Policy, as amended from time to time. S3 may change the Privacy Policy from time to time at its sole discretion and will provide notice of changes in the Privacy Policy and on the home page of S3.com. If as the result of such changes you want to alter the ways in which S3 is allowed to use your personal information, you can do so by following the procedure described in the section entitled "Updating your personal information and privacy preferences." You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy after such notice has been posted with the following exception: if at the time you provide personal information to S3 you limit how such information will be used to communicate with you, either by S3 or by third parties, S3 will not change your preference in this regard without your express consent. However, if S3 sells assets (or the assets of a division or subsidiary) to another entity, or S3 (or a division or subsidiary) is acquired by or merged with another entity, you agree that S3 may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without obtaining your further consent, but S3 will provide notice of such asset sales, acquisitions, or mergers on this Site.

Collection of personal information

As a visitor to this Site, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing online or hosted Products and Services, S3 may ask you to provide certain information about yourself by filling out and submitting a form. It is optional for you to engage in these activities. If you elect to engage in these activities, however, S3 may ask that you provide personal information, such as your first and last name, mailing address (including ZIP code), country of residence, e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal information. When ordering Products and Services via the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. Similarly, if you wish to delete your information (pursuant to the mechanism set forth in "Updating your personal information and privacy preferences") that is mandatory, you will no longer be able to engage in a particular activity.

When you use the Site and the Products and Services, S3 may also collect certain information about your computer to facilitate and evaluate your use of the Site and the Products and Services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, referring or exit webpages, and the Internet Protocol (IP) address of your computer. S3 also uses such information to measure traffic patterns on the Site and usage of the Products and Services. We do not match such information with any other information held by S3 Solutions unless we have your consent.

By using this Site and the Products and Services, you agree and acknowledge that personal information collected through the Site or in connection with the Products and Services may be transferred across national boundaries and stored and processed in any of the countries around the world in which S3 maintains offices, including the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of your information may be undertaken by trusted third parties. Such third parties are bound by contract with S3 not to use your personal information for their own purposes or provide it to any third parties. One instance where this could occur is in conjunction with framed pages in which the URL for the pages is not visible, and the pages are hosted for S3 by such third parties. For example, on the sign up pages for some newsletters, the pages may be hosted by a third party vendor, but appear to be S3.com pages and are governed by the S3 privacy policy.

S3 has established relationships with various service providers whose services are available to you from the Site, from websites that are linked to the Site, or in connection with the Products and Services. Typically, these providers offer services that S3 customers might find useful, such as those that can be used in conjunction with Products and Services. In order to use those providers' services, you may be required to provide personal information to the providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider's website will be subject to the privacy policy posted on that site, and personal information that you provide while on the Site will be subject to this Privacy Policy.

How your personal information is used

S3 collects your information in order to record, support and facilitate your participation in the activities you select. If you subscribe to or register for Products and Services, for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users. As another example, if you enter a contest, information is collected to qualify the entry and to contact you regarding the contest or prize awards. Your personal information is also used to track customer preferences and keep you informed about product upgrades, special offers, and other products and services of S3 and selected third parties unless you have opted not to receive such communications or such communications are prohibited by law.

S3 may collect information about the use of the Products and Services and the Site, such as the number of downloads, types of Services used, how many users we receive daily, and the IP/Internet address of your computer. This information is collected in aggregate form, without identifying any user individually.

S3 may use this aggregate, nonidentifying statistical data for improving the Site and the Products and Services, providing more relevant experiences to our customers and for statistical analysis.

Certain Products and Services may require you to use the most current version of such Product and Service or are offered in conjunction with other Products and Services, which you may or may not have already downloaded. The Product and Service may automatically check to determine if you are using the most current version or have other Products and Services and through e-mail messages, pop-up boxes or similar mechanisms inform you if need to upgrade in order to use the Product and Service you have requested. During this process, an IP address identifying your computer and the Product and Service version may be sent to a Web server, but system profile information is not transmitted nor are cookies used to store information.

Your choices with respect to personal information

S3 recognizes and appreciates the importance of responsible use of information collected on the Site and in connection with the Products and Services. S3 will respect your legal rights regarding access to and correction and deletion of your personal information. S3 may communicate information to you regarding products, services, and special offers available from S3 or selected third parties unless you have opted not to receive such communications or such communications are prohibited by law, although we may find it necessary to continue to communicate with you regarding your use of the Site and the Products and Services. Except in the particular circumstances described in this Privacy Policy, S3 will not provide your name to other companies or organizations without your consent.

There are other instances in which S3 may divulge your personal information, such as where required by law, regulation, or litigation. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

Protection of your personal information

The personal information that you provide in connection with registering yourself as a user of the Site or of the Products and Services is classified as Registration Information. Registration Information is protected in several ways. Access by you to your Registration Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Registration Information resides on secure servers that only selected S3 personnel and contractors have access to via password. S3 encrypts your personal information and thereby strives to prevent unauthorized parties from viewing such information when it is transmitted to S3.

Personal information that you provide that does not constitute Registration Information also resides on secure servers and is accessible only to selected S3 personnel and contractors via password. Since this information is not accessible online by you, you will not be asked to select a password in order to view or modify such information.

Please note that any information you post to a public bulletin board, blog or chat room, such as the S3 User to User Forums (the "Forums"), is available to all persons accessing that location, and your e-mail address may also be posted on these venues. The information you share, including your email address, would then be available to all persons accessing these venues, and such information may be read, collected or used by others for any purpose, including sending you unsolicited messages. S3 is not responsible for any information you elect to submit in these venues or the use of such information. In addition, you should be aware that the Forums offer a service in which subscribers are e-mailed a copy of all messages posted to the Forums on a particular topic. Consequently, if you post a message to the Forums, your e-mail address will be sent to those subscribers who have indicated an interest in the topic of your message.

Please note that S3 is not responsible for the content or privacy practices of non-S3 websites to which this Site or any other S3 website may link. You should review the privacy policy of such sites before using the sites.