Privacy Agreement

Cavecreek holds user privacy paramount and takes great care keeping information of site users and Clients private and secure. Cavecreek adheres to the U. S. - Swiss Safe Harbor framework as well as Safe Harbor principles agreed to and set forth by the U. S. Department of Commerce and the European Union (EU),

The following explains our policies and procedures surrounding collected data, describing the information we collect, how we use, disclose, and share Client data, and how we protect the information. This Privacy Agreement does not apply to Third Party Services governed by their own privacy policies.

  1. Method; Types of Data Collected

    Data is collected using the following methods:

    • Online registration and online signup forms
    • Sales inquiries and transactions
    • Electronic Client communications
    • Telephone, in-person, paper, and other traditional forms of communication and interaction
    • Third party sources

    The data may include information about users from forms, registrations, transactions, financial, site usage, preferences, and privileges and can include names, titles, contact information, and payment information.

  2. What Data We Collect and How We Are Allowed to Use It

    Data that Cavecreek collects is or can be used for the following purposes:

    1. Engaging in transactions for service. Name, address, email, purchase details, and payment information may be collected and stored as part of the transaction history. Some of this data may need to be shared with credit card clearing houses, banking institutions, and/or similar agents (an entity-person or company-acting on our behalf) requiring the information to complete the transaction.

      Cavecreek will not transfer information to any of its agents without ascertaining that the Agent subscribes to Safe Harbor principles or is subject to the EU Directive on Data Protection (or other adequacy finding) or enters into a written agreement requiring at least the dame level of privacy protection as required by the relevant Safe Harbor principles.

    2. Providing future marketing, service, and support. Contact data and product/service/support information is collected and used to provide Client with support, service, updates, and similar notices, as well as to tailor future products and offerings to Clients.
    3. Selecting Content. Form data and site navigation data is collected and used to help create user friendly and easily navigable site content.
    4. Responding to user inquiries and requests for information. Contact information is collected and used to provide online newsletters, opt-in mailing lists, and specific answers to Client requests for further information.
    5. Responding to Law Enforcement, government officials, third party subpoenas, court orders, or applicable law, reporting or preventing suspected fraudulent or illegal activity while using Cavecreek services. Cavecreek will notify Client of information requests or submissions if and as allowed.
    6. Contractors. Data is shared if it is necessary for them to perform duties on our behalf.
    7. Affiliates. Shared data is subject to this PA.
    8. Another Entity. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding we will transfer all collected data.
    9. Cavecreek Communities (Resellers, sales representatives, et. al). Data is used to provide communities with relevant product alerts and updates related to product releases, prices, terms, special offers, and associated campaigns when a program member signs up to the relevant program or account as well as to follow up on Client requests for products or services.
    10. To Cavecreek from public discussions and forums. Some parts of the site allow interactive discussions that Cavecreek does not control the content of, some of which are moderated, all of which are subject to access for technical reasons by Cavecreek. Due to the public nature of the forums, Client should consider any data posted and tailor content submitted accordingly.
  3. Client Portal, Customization, Preferences, and Opt-Out

    New Clients are automatically registered for access to the Client Portal, which includes the ability to create, add, and delete users and privileges and opt in or out of some* services and/or mailing lists. The Client Portal allows you control over electronic information delivery, but not over Cavecreek's collection and storage of information. A "Master Account" is provided to Clients, and that account has the ability to manage Client's profile information as long as the account remains active.

    *Clients cannot opt out of communications regarding downloads, sales transactions, software updates, patches, and fixes, legal disclosures, network upgrades, or other related maintenance.

  4. Safe Harbor

    Cavecreek is committed to uphold the highest ethical standards in its business practices and strives to collect, use and disclose personal information in a manner consistent with the laws of countries in which it does business. This Safe Harbor Privacy Policy sets forth the privacy principles that Cavecreek follows with respect to personal information transferred from the European Economic Area (EEA) (which includes the twenty-eight member states of the European Union (EU) plus, Iceland, Liechtenstein and Norway) and from Switzerland to the United States. Cavecreek complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Cavecreek has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement within the scope of its Safe Harbor certification. In addition, certain personal information may be subject to more specific privacy policies of Cavecreek, which are also consistent with the requirements of the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework.

    If there is any conflict between the policies in this privacy policy and the Safe Harbor Privacy Principles, the Safe Harbor Privacy Principles shall govern.

    To learn more about the Safe Harbor program, and to view Cavecreek's certification, please visit the Safe Harbor page.

    In compliance with the U.S.-EU and US-Swiss Safe Harbor Principles, Cavecreek commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Cavecreek at the address below.

    Cavecreek has further committed to refer unresolved privacy complaints under the U.S.-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit for more information and to file a complaint.

  5. Security

    Cavecreek uses commercially reasonable methods to keep collected data safe, including policies, procedures, employee training, physical access, and technical elements relating to data access controls. Standard security protocols and mechanisms are used to facilitate the exchange and transmission of sensitive data, like credit card details. Personally Identifiable Information (PII) is not processed in a way that is incompatible for the purposes it is collected for and authorized by the individual to be used for. Cavecreek will notify individuals affected due to actual or reasonably suspected breach by an unauthorized person in accordance with applicable law by email or Client Portal ticket, and, failing that, by regular mail promptly and consistent with the legitimate needs of law enforcement and measures necessary for Cavecreek or law enforcement to determine the scope of the breach and ensure/restore the integrity of the data system. Notification may be delayed if Cavecreek or a law enforcement agency determines that notification will impede a criminal investigation, in which case notification is not provided unless and until Cavecreek or the agency determines that the investigation will not be compromised by the investigation.

  6. Enforcement

    Internal mechanisms have been established to verify Cavecreek's ongoing adherence to its privacy agreement, including Safe Harbor principles. Individuals covered by this agreement are encouraged to raise any concerns about processing of personal information by contacting PANAP so that Cavecreek may seek to resolve any concerns. Cavecreek has agreed to participate in the Dispute Resolution Program provided by the BBB EU Safe Harbor, operated by the Council of Better Business Bureaus.

  7. Policy Updates

    If Cavecreek will be using Client PII in a manger that is different than provided in this agreement we will notify client by email. If changes are made that do not affect PII that we already have stored in our databases, we will notify Client by email or post changes in a prominent notice in the Client Portal.

  8. Contact Information and Inspection Rights

    Questions, concerns, or comments about this agreement should be addressed to:

    Cavecreek LLC
    C/O Legal Department
    2353 West University Dr
    Tempe, AZ 85281

Published 10.28.2015