Derivative Inc. ("Derivative") respects your privacy and wants you to feel secure in your use of this Web site and Derivative’s products and services. Derivative will not collect, use or disclose your personal information other than in compliance with this privacy policy (the "Privacy Policy").

YOUR CONSENT

Please read this Privacy Policy to understand how your personal information will be treated by Derivative. By using this Web site and/or providing Derivative with your personal information, you consent to the collection, use and disclosure of your personal information by Derivative as outlined in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you should not provide Derivative with your personal information and should immediately discontinue all use of this Web site. This Privacy Policy is subject to change without notice to you so please check back regularly. Your continued use of this Web site will constitute your acceptance of any changes to this Privacy Policy.

SCOPE

This Privacy Policy governs Derivative’s treatment of all personal information that Derivative collects from you in connection with your use of this Web site and Derivative’s products and services. Your "personal information" is any information that identifies you as an individual and includes, without limitation, any personally identifiable information that Derivative collects when you register for membership, join the Derivative mailing list, license or purchase any Derivative products or services and/or participate in any Derivative forum, as well as any information that Derivative gathers about you through the use of "cookies" (as described below).

COLLECTION, USE AND DISCLOSURE

Derivative collects your personal information in order to provide you with the most personalized Web site experience possible. Derivative will not collect, use or disclose your personal information other than for the purposes set out below.

Membership Information — In order to download, license or purchase any Derivative products or services (including, without limitation, any Touch Synths, Touch Tracks or Touch Projects uploaded to this Web site by licensees of TouchMixer and/or Touch Designer ("Touch Artworks")), or participate in any Derivative forums, you must become a "member" of Derivative. As a member, you will be required to provide to Derivative your first name, last name, user name, password, email address, organization (if applicable), platform information (present and future) and graphics card information (collectively, "Membership Information"). Your Membership Information will be used: (i) to facilitate, and to communicate with you in connection with, your downloading, licensing or purchase of Derivative products or services and to enforce the terms and conditions of this Web site and any agreement between you and Derivative as they relate to the foregoing; (ii) to assist Derivative in the customization of your user Web interface to suit your preferences; and (iii) for the purposes set out under the headings, "Derivative Mailing List Information", "Customer Information" and "Forum Participation Information" below, as applicable.

Derivative Mailing List Information — You can choose to join the Derivative mailing list by checking the appropriate box when you provide your Membership Information. If you join the Derivative mailing list when you become a Member, Derivative will use your Membership Information to include you in, and communicate with you through, the Derivative mailing list.

You can also join the Derivative mailing list without becoming a member of Derivative. To do so, simply provide Derivative with your first name, last name, email address and organization (if applicable) where prompted to "Join Mailing List" on the home page of this Web site. Derivative will use this information in order to include you in, and communicate with you through, the Derivative mailing list.

Customer Information — If you license or purchase any Derivative products or services for a fee, you will become a "customer" of Derivative. As a customer, you will be required to provide to Derivative, in addition to your Membership Information, your credit card information and, as applicable, shipping address and telephone number. Your credit card information will be provided by Derivative to a third party credit card system for processing and neither Derivative nor such third party will maintain your credit card information on file after the applicable transaction has been processed. This means that your credit card information will be used only to process the transaction for which you provide it. For subsequent transactions, you will be required to re-enter your credit card information. Derivative will take appropriate measures to ensure that any third party to whom Derivative provides access to your credit card information for processing takes measures to protect the privacy of your personal information comparable to the measures set out in this Privacy Policy.

Also as a customer of Derivative, you will have the privilege of uploading Touch Artworks to this Web site, if you so choose. If you upload any Touch Artworks to this Web site, Derivative will use your Membership Information in order to facilitate, and to communicate with you in connection with, your uploading of such Touch Artworks and to enforce the terms and conditions of this Web site as they relate to same.

Forum Participation Information — If you participate in any Derivative forum, Derivative will use your Membership Information in order to provide you with access to, and facilitate communication between you and Derivative and third parties in connection with, such forum. In addition, Derivative will use your Membership Information in order to enforce the terms and conditions of this Web site as they relate to your participation in such forum.

Derivative may also use your Membership Information, as well as information available to Derivative through your use of any Derivative forum, to log the dates, frequency and number of your postings, transmissions and other distributions through such forum.

Any personal information that you post, transmit or otherwise distribute through any Derivative forum can be used, published, communicated to the public by telecommunication and/or reproduced by any other participant in such forum. Do not post, transmit or otherwise distribute through any Derivative forum any personal information that you do not want to be used, published, communicated to the public by telecommunication and/or reproduced by any other participant.

Cookies — Derivative may use "cookies" to track your preferences and activities on this Web site. Cookies are small amounts of data that are transferred from the Derivative Web server to your computer’s hard drive for record keeping purposes. Cookies may store a variety of information, including, without limitation, the number of times that you access this Web site, your Membership Information and the number of times that you view a particular page, banner, etc. on this Web site. If you do not want to accept cookies, your browser’s "help" function should provide you with information on how to block cookies, how to know when you have received cookies and how to disable cookies completely. That said, please be aware that if you do block or disable Derivative’s cookies, you may be unable to take advantage of some of the useful features of this Web site.

OPTING OUT

You may choose not to participate in, or receive postings, transmissions or other distributions through, any Derivative forum. If so: (i) do not participate in such forum; (ii) indicate your desire not to disclose your email address to other forum participants by checking the appropriate box when you provide or update your Membership Information; and/or (iii) if you have already posted, transmitted or otherwise distributed content disclosing your email address through such forum, send an email to unsubscribe@derivativeinc.com to disable your membership so that any content posted, transmitted or otherwise distributed to your email address by other forum participants will not reach you.

You may also choose not to receive mailing list communications from Derivative. In that case: (i) do not register to join the Derivative mailing list; (ii) indicate your desire not to receive any mailing list communications from Derivative by checking the appropriate box when you provide or update your Membership Information; and/or (iii) send an email to unsubscribe@derivativeinc.com to be removed from the Derivative mailing list, as applicable.

THIRD PARTIES

Notwithstanding any other term of this Privacy Policy, Derivative may disclose your personal information without your consent where such disclosure is: (i) made pursuant to court order or other legal or government compulsion; (ii) related to an emergency, or to an offence that has been or is about to be committed; (iii) made for the purpose of collecting a debt owed by you; (iv) made to Derivative’s lawyers or other representatives in the course of their dealings with Derivative; or (v) made to protect Derivative’s rights or property and/or that of Derivative’s members, customers, sponsors, providers, licensors or merchants.

This Web site may, from time to time, provide you with links to additional resources that Derivative believes will be of interest to you (e.g., Web sites featuring Touch artworks created by the owners of such Web sites). These links will lead you to Web sites operated by third parties with their own privacy practices. Derivative is not responsible for such privacy practices. Accordingly, before accessing any third party Web site to which this Web site is linked, you should consider the applicable third party’s privacy practices.

RECORD KEEPING

Derivative will retain your personal information only for as long as is necessary to fulfill the purposes for which it is collected and any applicable government and/or legal requirements.

SECURITY

The security of your personal information is a priority for Derivative and its employees. Derivative has adopted appropriate measures to safeguard your personal information against loss, theft and unauthorized access, disclosure, copying, use and modification.

CONTACT INFORMATION

Upon request and reasonable notice, Derivative will provide you with information about your personal information held by it. You will be provided with an opportunity to confirm the accuracy and completeness of your personal information and to have it amended if necessary.

If you have any questions, comments or concerns regarding this Privacy Policy, please contact Derivative’s Web Privacy Officer at:

Address: Derivative Inc.

Telephone: 416-591-3555

Fax: 416- 591-0713

E-mail: