Effective 06/10/2002

Privacy Notice Table of Contents:

 

Introduction

From time to time, O'Donahue Software Consulting maintains one or more internet sites for the purpose of advertising our services or serving our existing clients. Due to the nature of our business, we have contractual and fiduciary issues that dictate our security and privacy policies. Your visit here has already been logged for security and other purposes as stated herein. This policy pertains to all sites within the ODONAHUE.COM internet domain, including any sub-domains that may from time to time be accessible by our clients or the public.

 

Our Commitment to Privacy and Security:

As avid users of the Internet ourselves, we value privacy and security highly. We take reasonable measures to protect your privacy and security, as well as our own, where our systems are used by you or us to provide you with service. We can not offer secure systems for you to access without you compromising to some extent on your privacy. The reverse is also true and in any case, privacy and security must be balanced with system performance issues in mind.

Our policy is very simple. All information gathered shall be for an explicit purpose at the time it is gathered, and used only for that purpose. Except for information gathered for the purpose of maintaining security and due diligence (see the sections on Server Logs and Litigation Fodder), no information will be collected from you that is not voluntarily given. If we ask you for information, we WILL tell you why we want it and how it will be used. In addition, we will apply due diligence in securing our systems against intrusion, theft and non-legitimate network snooping. This policy shall be binding on our successors and assigns regarding security and all data collected by us for any reason.

Total anonymity on the Internet is not an option! This is true of any site you have or ever will visit on the Internet. For the most part, we don't care who you are unless or until you initiate more direct communications with specific individuals or departments at O'Donahue Software Consulting. Never the less, you should read the sections on Bragging Rights, Server Logs and Litigation Fodder below. Your presence here has already been logged!

 

Who We Share Information With:

Bragging Rights

We reserve the right to brag about current and completed projects, either on our web site(s), printed materials and correspondence with potential clients unless you require us not to do so in the relevant agreements between us. We will of course, never disclose trade secrets. If you find that we have let some information out that is inappropriate, you can contact our web master, point out exactly which text or images you think are in violation of our agreements and we will make a good faith effort to resolve the matter quickly.

Not For Sale, Rent or Lease

Except as specified in other paragraphs of this document, we do not sell, lease, rent or otherwise share any information about you or your visit(s) to our servers with anyone at this time. We reserve the right to amend these policies from time to time as may be prudent for us to do, for any legitimate reasons, such as, but not limited to the addition of a credit card or other electronic payment system or message boards.

 

What Information We Collect and Why:

Server Logs

Our servers log information about every computer that connects to them. This information may be provided by your computer operating system, browser or other software, ISP or other intermediary involved in delivering the services that make these connections possible (including our ISP and any hosting or co-location services we use). This information has been and will continue to be made available by virtue of your using the communications protocols that are the foundation of the Internet.

We do this for our mutual security and benefit (unless of course, you are a hacker or otherwise breaking the law in some relevant jurisdiction along the route between us, in which case, hopefully, you lose). Our logs will be used by us, our successors or assigns to detect fraud, hacking activity, viruses, trojan horses, software errors and performance issues or network bottlenecks or for the purposes stated in the Litigation Fodder section of this policy. In addition, they may be used by us, government agencies, including law enforcement agencies of the United States, the State of Washington, local and foreign (non-US) municipalities or agencies, to detect, track down or prosecute suspected criminals or persons who have abused our trust, including, but not limited to hackers who may have used our site for any reason whatsoever (including legal use unrelated to their hacking activities).

Information about your visits will naturally be found in our logs. You have no options or control in this regard. We feel this is a necessary part of due diligence for anyone operating servers on the Internet. We also believe that most Internet users are unaware that this information is being collected by nearly every server they touch with a browser and feel you should be apprised of this fact.

Our servers may log the following information:

Occasionally, some or all of the above information may be deleted from our logs to make room for new entries. Some information may be selectively or statistically sampled and permanently stored online or in offline repositories.

Email and Other Correspondence

If you send us email or other correspondence, we may retain any contact information you provide, including source and return email addresses and phone numbers. We will use this information for contacting you. If you give us permission, we might use your personal contact information as a reference for future prospective clients to contact you about us.

Verbal or Caller ID

We may retain any contact information you provide us, either verbally or via the caller Id system. We will use this information for contacting you. If you give us permission, we might use your personal contact information as a reference for future prospective clients to contact you about us.

Litigation Fodder

As much as we hate to even think about it, litigation and various legal forms of dispute resolution nearly always involve presentation of evidence to either refute or support arguments made by one or another litigant. Due to the type of services we provide, which primarily involve the creation or application of Intellectual properties, we must reserve the right to use what-ever information we posses to support our arguments while, hopefully, nullifying our opponents, should we become embroiled in any litigation. This may include, but is not limited to total or partial listings of our log files, diaries, correspondence of any and all kinds, design documentation, source code, doodles, photographs, including photos of our white boards, that we or our counsel might deem necessary in support of our case.

It is also possible, information we possess, might be subpoenaed from us to be used against us, you or anyone else, by anyone who might have reason to believe we possess information that can be so used. This is beyond our control for the most part, but we would endeavor to cloak information that is not relevant to the case at hand, particularly if it is a trade secret or otherwise proprietary.

 

Intellectual Property Rights

It's quite simple. In the absence of any written agreement to the contrary, any information you convey to us is ours. DO NOT SEND US PROPRIETARY INFORMATION, TRADE SECRETS OR ANY INFORMATION OF A SENSITIVE NATURE WITHOUT MAKING PRIOR ARRANGMENTS WITH US IN WRITING REGARDING THE PROPER CARE AND OWNERSHIP THEREOF.

We are always happy to sign NDA's and IP assignment contracts when we know in advance the relationship will not conflict with any of our current agreements and we don't already posses the relevant information.

 

Private Web Sites

O'Donahue Software Consulting occasionally offers clients access to private web sites to enhance communications. Privacy, security and intellectual property rights to these sites will often be covered by language in one or more agreements between the parties involved. In nearly every case, the content of the sites will be covered by such language whether or not the site is referenced in any agreements. In the absence of such other cover, this publicly available policy shall hold.

 

Accessing Our Information About You

We do not currently provide any direct means for you to access this data. You may contact our web master with current contact information at any time. If you are or were a paying client, we will honor any and all requests to stop using your contact information for any specified purposes you wish to supply (ie, stop using you as a reference, never contact you again, or ALL, etc.).

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