Legal and Privacy Policy

Western Digital collects certain types of information about individuals who use our website, products, and services. The Privacy Policies below are designed to inform you about the types of information we gather about you, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of that information.

Website Privacy Policy

Effective Date of this Privacy Policy: September 30, 2014.

This website is operated by a Western Digital Corporation entity (“WDC”). WDC is committed to protecting your privacy and we want to ensure that you understand what we collect from or about you, how we use it and the safeguards we have in place designed to protect it.

This Website Privacy Policy (“Policy”) applies to information collected through this website and through our social media pages (“Social Media Pages”) located at https://www.facebook.com/WD, https://twitter.com/WesternDigital (collectively, including website and Social Media Pages, the “Site”). Please note that this Policy does not apply to information we collect in connection with our products or apps, which are governed by our Products Privacy Policy, available here: Products Privacy Policy. This Policy may change from time to time, so please check back periodically.

What types of user information do we collect and how?

Personally Identifiable Information When you access our Site, we may collect personally identifiable information (“PII”) from you when you voluntarily submit this information to us. Examples of PII may include your name, mailing address, email address, phone number, user name, password and other information such as payment or credit card information. We may supplement the information we receive from you with information about you that we receive from other sources, such as public databases, joint marketing partners, social media platforms and other third parties.

Other Information We may also collect other information when you access our Site. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual. Other Information may include the type of device you are using, your IP address, the geographic location of your device (e.g., zip code or county), your operating system, the type of Internet browser that you use, usage information, diagnostic information and other data that allow us to improve our applications and serve you better, demographic information and other information provided by you, and aggregated information. We collect this information through your browser or device, by means of cookies and pixel tags, using Adobe Flash technology (including Flash Local Shared Objects or “Flash LSOs”), from you or by aggregating information. We also may collect Other Information from you, such as your preferred means of communication, when you voluntarily provide this information.

What about "cookies"?

Cookies are small bits of information that this Site places on your computer. We and our third party service providers use various types of cookies, local shared objects and pixel tags to identify your IP address, browser type, device characteristics, domain name, referring URLs and specific links and web pages through which you click. This data is collected automatically and utilized for site operations, fraud prevention and to help us improve this Site and your overall experience. This technology also allows us to recognize you when you return to this Site and to provide you with a customized experience that we feel will be of value to you. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you.

Most web browsers allow you to exercise control over cookie files on your computer by erasing them, blocking them, or notifying you when such a file is stored. Please take a look at your particular browser for instructions on this function. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If you do elect to disable cookies, please note that you may not be able to take full advantage of a personalized experience on this Site and certain functions may not be available to you.

WDC uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses cookies and similar technologies to analyze how users use the Domains. The information generated about Domain usage (including your shortened IP address) is transmitted to Google in the U.S. This information is used to evaluate visitors’ use of the Domain, compile statistical reports on Domain activity, and provide other services related to the Site and internet use. Google may also collect information about Domain visitors’ use of other websites. For more information about Google Analytics, or to opt out of Google Analytics, please go to: https://tools.google.com/dlpage/gaoptout.

We may also use Flash Cookies, LSOs and other technologies to, among other things, collect and store information about your use of the Site, fraud prevention and other site operations. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Site or our online content.

How do we use PII?

We may use PII:

  • To process and respond to your requests;
  • To contact you from time to time to provide you with important information, required notices and promotional materials;
  • To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions, and policies.
  • To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
  • To personalize your experience on the Site by presenting products and offers tailored to you.
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your PII, so we suggest that you read these rules carefully.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Site, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;
  • As we believe necessary or appropriate:
    1. under applicable law, including laws outside your country of residence;
    2. to comply with legal process;
    3. to respond to requests from public or government authorities, including authorities outside your country of residence;
    4. to enforce our terms and conditions;
    5. to protect our operations or those of any of our affiliates;
    6. to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others;
    7. to allow us to pursue available remedies or limit the damages that we may sustain.

How do we share PII with third parties?

We may disclose your PII as follows:

  • To our affiliates for the purposes described in this Policy. Western Digital Corporation is the party responsible for the management of the jointly-used PII.
  • To our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services. We seek to require that our service providers adhere to appropriate restrictions on access and use of your PII.
  • To third parties to permit them to send you marketing communications.
  • To third-party sponsors of sweepstakes, contests and similar promotions.
  • To identify you to anyone to whom you send messages through the Site.
  • By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public information, and may be available to users of the Site and to the general public. We urge you to be very careful when deciding to disclose your PII, or any other information, on the Site.

We may also disclose your PII in the following circumstances:

  • As required by law, including laws outside your country of residence, such as to comply with a subpoena, or similar legal process;
  • To respond to requests from public and government authorities, including authorities outside your country of residence;
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request;
  • To allow us to pursue available remedies and limit the damage we may sustain;
  • In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings.

How do we use and disclose Other Information?

We may use and disclose Other Information in any manner for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as PII under applicable law, then we may use it for all the purposes for which we use and disclose PII. If we combine Other Information with PII, we will treat the combined information as PII while it is combined.

Interest-Based Ads and Online Tracking

We may partner with third-party service providers to serve ads regarding goods or services that may be of interest to you when you access and use the Site and third party-sites. Some of the ads on this Site or on third party sites may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your computer's browsing activity on both the Site and third-party sites. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags).

The Network Advertising Initiative offers useful information about internet advertising companies, including information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about interest-based advertising and how to opt-out from ads served by some or all participating companies.

These opt-out mechanisms rely on cookies to remember your choices. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests.

Third Party Services

This Policy does not address, and we are not responsible for, the privacy, information or practices of any third parties, including any third party operating any site or service to which the Site links. The inclusion of a link on the Site does not imply our or our affiliates’ endorsement of the linked site or service.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any PII you disclose to other organizations through or in connection with our Social Media Pages.

How can I access or correct my information?

If you would like us to correct or delete PII that you have provided to us in connection with your use of this Site, please contact us at privacy@wdc.com, and we will endeavor to respond in a reasonable time. We will make a good faith effort to provide you with access to your PII and to correct any inaccuracy or delete such information, at your request, if it is not otherwise required to be retained by law or for legitimate business purposes. There may also be residual information that will remain within our databases and other records, which will not be removed. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical or for which access is not otherwise required. For your protection, we may only implement requests with respect to the PII associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.

How do we protect your information?

We have implemented reasonable security measures and practices in an effort to protect the confidentiality of your PII. However, no security system is impenetrable. It may be possible for third parties to intercept or access information that you provide to WDC. WDC cannot guarantee the security of your information, nor can we guarantee that information you supply will not be intercepted while being transmitted to WDC. It is important for you to protect against unauthorized access to your password(s), computer and WDC Products. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting use in accordance with the “How to Contact Us” section below.

Children

We do not knowingly solicit data from, or market to, children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information, he or she should contact us at privacy@wdc.com.We will take reasonable steps to delete such information from our database within a reasonable time.

Your California Privacy Rights

California law permits our established customers who are California residents to request information regarding the manner in which WDC shares certain categories of your PII with third parties, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to WDC at its designated address and receive the following information:

  1. The categories of information WDC disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year;
  2. The names and addresses of third parties that received such information; and
  3. If the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. WDC’s designated email address for such requests is privacy@wdc.com. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

Cross-Border Transfers

The Site is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your PII may be stored and processed in any country where we have facilities or in which we engage service providers. By using the Site, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than your country.

Retention Period

We will retain your PII for the period necessary to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law.

Sensitive Information

We ask that you do not send us or disclose any sensitive PII (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Site or otherwise to us.

Changes to the Privacy Policy

WDC retains the discretion to amend this Policy from time to time. Please take a look at the “Effective Date” legend at the top of this page to see when this Policy was last revised. Any changes to this Policy will become effective when we post the revised Policy on our Site. Your use of the Site following these changes means that you accept the revised Policy.

How to Contact Us

WDC welcomes any questions or comments you may have regarding this Policy or its implementation. Any such questions or comments should be submitted via email to privacy@wdc.com or directed to the address below. We will undertake reasonable efforts to resolve or address your concern. Please note that email communications are not always secure, so please do not include credit card information or sensitive information in your emails to us.

Western Digital Corporation
Attn: Legal Dept / Privacy
3355 Michelson Drive, Suite 100
Irvine, California 92612, USA

Products Privacy Policy

Western Digital Technologies, Inc. and Arkeia Software, Inc. (collectively, “WDT,” “we,” or “our”) collect certain types of information when you use our products and software applications, including media players, personal cloud storage systems, networking devices, direct-attached and network-attached storage devices, and mobile and other software applications (collectively, “WDT Products”).

By using WDT products, you acknowledge that you accept the practices and policies outlined in this WDT Products Privacy Policy (“WDP Privacy Policy”).

What does this WDP Privacy Policy cover?

This WDP Privacy Policy covers the treatment of user information obtained by WDT in connection with the use of WDT Products.

This WDP Privacy Policy does not apply to user information that we or our parent entity, Western Digital Corporation, collect in connection with our corporate websites, which are governed by our Website Privacy Policy, available here: Website Privacy Policy. In addition, this WDP Privacy Policy does not apply to the practices of companies that WDT does not own or control, or to individuals whom WDT does not employ or manage, including any of the third parties to which WDT may disclose user information as set forth in this WDP Privacy Policy.

Your Consent

By using a WDT Product, you are consenting to our processing of User Provided Information and Automatically Collected information as set forth in this WDP Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities may take place within and outside the United States. If you reside outside the U.S., your information may be transferred to the U.S. or other countries and processed and stored there under those countries’ privacy standards, which may differ from the privacy standards in force in the country where you reside. By using a WDT Product and providing information to us, you consent to such transfer to, and processing in, those countries.

What types of user information do we collect?

User Provided Information When you purchase, download register, or log on to a WDT Product, we may collect the following information from you: your name, mailing address, email address, phone number, age, user name, password and other registration information. In addition, we may collect certain transaction-related information, such as credit card information, as well as information that you submit when requesting customer support or warranty services.

We may use the information you provide us to contact you from time to time to provide you with important information, required notices and promotional materials. For certain Products, registration with us is optional. Please keep in mind, however, that you may not be able to use all of the features of certain WDT Products unless you register with us.

Automatically Collected information We may also receive and log certain types of information automatically when you use WDT Products.

In the case of a mobile, desktop, web or other software application, such automatically received information may include the type of device you use, your device’s unique ID, the IP address of your device, the generalized location of your device (e.g., zip code or county), your operating system, the type of Internet browser that you use, usage information, diagnostic information and other non-identifying data that allow us to improve our applications.

In the case of other WDT Products, such as our media players, personal cloud storage, direct-attached and network-attached storage, and networking devices, automatically collected information may include diagnostic, technical, usage and related information about your WDT Product that we use to better understand and enhance WDT Products, as well as to facilitate the provision of software updates, product support and other related services. We may also collect IP addresses and other geographic information in order to tailor the content offerings and advertising delivered to WDT Products.

What user information do we share with third parties?

We may disclose information (including User Provided Information and Automatically Shared Information) from or concerning you or your WDT Product in the following circumstances:

  • as required by law, such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request;
  • to our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement;
  • as part of a merger, acquisition, or sale of all or a portion of WDT assets; and
  • to third-party analytics companies as described in the following section.

Information collected by third-party analytics companies

We may work with third-party data analytics providers and products to obtain, compile and analyze information about how users are using and interacting with WDT Products. For example, these analytics providers may record the device, operating system, firmware and unique ID of WDT Products; generalized location information; and usage information, such as how frequently WDT Products are used and the file extensions that are accessed using WDT software applications. You recognize and agree that the analytics companies utilized by WDT may combine the information that they collect with other information they have independently collected from other services or products used by you. These companies collect and use information under their own privacy policies. You further recognize and agree that WDT has no responsibility for the technologies, tools, or practices of the third parties that provide analytics products and services to WDT. For a current list of third party analytic tools we are using, as well as a link to these providers’ privacy policies, please see third party analytics details.

Information collected by third-party content providers

Certain WDT Products offer the ability to access third-party content from companies such as Netflix, YouTube and Pandora. WDT Products may also enable you to access or use third-party cloud services from companies such as Dropbox and Microsoft. These third-parties may collect and transmit information about you and your use of their services, including information that can be used to identify you personally. WDT does not control and is not responsible for the collection practices of these third-party content providers. Your decision to use their services is entirely voluntary. You should ensure that you are comfortable with how these third-party services use and share your information by reviewing their privacy policies and/or modifying your privacy settings directly on those third-party services’ websites prior before electing to use their services.

How do we protect your information?

If you would like us to correct or delete User Provided Data that you have provided to us in connection with your use of a WDT Product, please contact us at privacy@wdc.com, and we will respond in a reasonable time. We will make a good faith effort to provide you with access to your User Provided Data and to correct any inaccuracy or delete such information, at your request, if it is not otherwise required to be retained by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical or for which access is not otherwise required.

We have implemented reasonable security measures and practices in an effort to protect the confidentiality of your User Provided Information. However, no security system is impenetrable. It may be possible for third parties to intercept or access information that you provide to WDT. WDT cannot guarantee the security of your User Provided Information, nor can we guarantee that information you supply will not be intercepted while being transmitted to WDT. It is important for you to protect against unauthorized access to your password(s), computer and WDT Products.

Children

We do not knowingly solicit data from, or market to, children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without his or her consent, he or she should contact us at privacy@wdc.com. We will take all reasonable steps to delete such information from our database within a reasonable time.

Changes to the Privacy Policy

WDT retains the discretion to amend or modify this WDP Privacy Policy from time to time. We will notify you about significant changes in the way we treat User Provided Information by sending you a direct communication or by posting a clear and prominent announcement on our website.

How to Contact Us

WDT welcomes any questions or comments you may have regarding this Privacy Policy or its implementation. Any such questions or comments should be submitted via email to privacy@wdc.com or directed to the address below. We will undertake reasonable efforts to resolve or address your concern.

WDT
3355 Michelson Drive, Suite 100
Irvine, California 92612, USA

Effective Date of this Privacy Policy: June 3, 2013.

Terms of Use

Welcome to www.wdc.com or www.westerndigital.com (this “Site”). This Site is owned and operated by Western Digital Corporation (collectively “WD,” “we,” “our,” or “us”) to provide information about, among other things, our corporate affairs, products, services, partners and also contact details. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Site.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS OF USE (THESE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT WHICH GOVERN YOUR USE OF THIS SITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS SITE YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. WD MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS SITE.

Other Terms and Conditions

Some products and services accessible through this Site are subject to other or additional terms and conditions (for example, WD’s online store and the WD Community). To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail.

Authorized Use

Subject to these Terms, we authorize you to view and download the information and other materials at or through this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not, without the prior written permission of WD, “mirror” any material contained on this Site on any other server. Additional terms and conditions may apply to your use of any products and services offered through this Site. Please review all such terms and conditions before you use any of our products and services.

Ownership

You acknowledge and agree that this Site uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through this Site, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

“Western Digital,” “WD,” the “WD logo” and certain other words and logos displayed on this Site and which may or may not be designated on this Site by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of WD or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors. Please click here for additional information regarding WD trademarks.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us or the third party that may own the trademark or copyright of information displayed on this Site.

Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, THE CONTENT AND ANY SERVICES OFFERED THROUGH THIS SITE SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS SITE, THE CONTENT AND THE SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WD DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS SITE, THE CONTENT, THE SERVICES OFFERED THROUGH THIS SITE OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE, THE CONTENT OR SERVICES OFFERED THROUGH THIS SITE. WD DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THIS SITE OR THE CONTENT OR THE RESULTS OBTAINED FROM USING THIS SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, WD IS NOT RESPONSIBLE FOR THOSE COSTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WD OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENT OR SERVICES OFFERED THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless WD, its affiliates, shareholders, directors, officers, employees, agents and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site or your breach of any representations, warranties, covenants or obligations contained in these Terms.

Links to Other Sites

This Site may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Site provides links to or that provide links to this Site, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on this Site, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through this Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

User Information

WD may collect certain personal information about you. WD’s use of such information is governed by the provisions of the WD’s Privacy Policy for the applicable WD Site.
The Privacy Policy for WD’s general corporate Site can be found here.
The Privacy Policy for the WDStore can be found here.
WD may have additional privacy policies that govern specific sites and the use of those sites.

Copyright Policy

WD respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using this Site. You agree that you will not use this Site to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works. Without limiting the foregoing, your use of this Site is subject to the terms of our Copyright Policy that is incorporated herein by reference.

General

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in Orange County, California and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California, U.S.A. You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.

Last Updated November 24, 2009

Section 508 Policy Statement

In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology accessible to people with disabilities. Section 508 of the Rehabilitation Act, as amended, was enacted to help facilitate disabled individuals’ access to electronic and information technology by removing barriers to their ability to access such technology.

Section 508 applies to all Federal agencies when they develop, procure, maintain or use electronic and information technology. The law requires agencies to provide disabled employees and disabled members of the public with access to electronic and information technology that is comparable to the access available to all others.

Section 508 creates a strong incentive for companies that manufacture and market technology products to add or enhance accessibility features in their products. The law does not regulate the technology industry or require private companies to alter their products. It does, however, establish accessibility standards that any technology must endeavor to meet before a Federal agency can purchase it.

Western Digital supports the goals of Section 508, and we are committed to evaluating ways to make our products more accessible to everyone, including individuals with disabilities or age-related impairments. Our commitment allows us to assist the Federal government in making accessible technology choices.

For more information on Section 508 of the Rehabilitation Act, please access the following links:

Section 508: Center for IT Accommodation - www.section508.gov

Department of Justice Section 508 Home Page - http://www.justice.gov/crt/department-education-q

Third Party Analytic Providers

We currently use Flurry, Crashlytics, Sumo Logic, and Google Analytics to track and report on the usage and browsing patterns on some of our software applications.

For Flurry’s privacy policy, please see https://policies.yahoo.com/us/en/yahoo/privacy/index.htm. You may opt-out of Flurry by following this link: https://dev.flurry.com/secure/optOut.do.

For Crashlytics’s privacy policy, please see http://try.crashlytics.com/terms.

For Google’s privacy policy with respect to Google Analytics, please see http://www.google.com/analytics/learn/privacy.html.

For Sumo Logic’s privacy policy, please see https://www.sumologic.com/privacy-statement/.

Trademark Information

To build and preserve brand value, WD owns numerous registered and unregistered logos, trademarks and slogans in the U.S. and/or other countries. Listed below are WD’s logos, trademarks and slogans with the appropriate trademark symbol under U.S. law. WD’s trademark rights may differ in other countries and the trademark laws of those countries should be followed when marking with the appropriate trademark symbol.

While WD makes every effort to keep this list updated, please note that it may not be comprehensive. WD does not waive its trademark rights or other intellectual property rights for any logo, trademark or slogan that is not on this list.  Use of WD's logos, trademarks and slogans is subject to WD’s Trademark and Logo Usage Guidelines.

Questions regarding WD’s logos, trademarks or slogans should be directed to trademarks@wdc.com.

Trademarks

Arkeia®
IcePack™
Kadena®
KeepItComing™
MioNet®
My Book®
My Book® AV
My Book® Duo
My Book® for Mac*
My Book® Live
My Book® Studio II
My Book® Studio
My Cloud®
My Cloud® Mirror
My Net®
My Passport®
My Passport® Air
My Passport® AV-TV
My Passport® Edge
My Passport® Edge for Mac*
My Passport® Enterprise
My Passport® for Mac*
My Passport® Pro
My Passport® Slim
My Passport® Studio
My Passport® Ultra
NetCenter™
SiliconDrive®
SiliconDrive Secure®
SiliconEdge™ Blue
SiStor™
WD®
WD Align™
WD Arkeia™
WD Black®
WD Black²™
WD Blue®
WD Caviar®
WD Direct™
WD Dual-option™
WD Elements®
WD Elements® Play
WD Green®
WD Livewire™
WD My Cloud®
WD Nomad™
WD Purple™
WD Re™
WD Red®
WD Red® Pro
WD Scorpio®
WD Scorpio® Black
WD Scorpio® Blue
WD Se™
WD Security™
WD Sentinel™
WD ShareSpace™
WD 2go®
WD TV®
WD TV® Live
WD TV® Live Hub
WD TV® Live Plus
WD VelociRaptor®
WD Ventito™
WD Xe™
Western Digital®

absolutely™
Active Power Save™
Arkeia Edgefort®
Black Monster Cup™
Data Lifeguard™
Data Lifeguard Tools™
Data OnHand™
DuraStep Ramp™
EasyLink™
FasTrack™
FasTrack™ Plus
FIT Lab™
FlexPower™
IntelliPark™
IntelliPower™
IntelliSeek™
LifeEST®
MioNet® DriveAccess™
NASware®
NoTouch™
OptiPlay™
OptiZone™
PowerArmor®
Progressive Deduplication™
PUT YOUR LIFE ON IT®
RAFF™
Reduced Power Spinup™
REDvolution™
REDvolutionary™
Safe Shutdown™
SecureConnect™
SecurePark™
ShockGuard™
ShockShield™
SiDestroy™
SiErase™
SilkStream™
SiKey™
SiProtect™
SiPurge™
SiScrub™
SiSecure®
SiSMART®
SiSweep™
SiZone™
SmartPower™
SoftSeek™
SolidStor®
StableTrac™
SureConnect™
The Future of Storage ...Today™
The Power of Choice™
The Power of Design™
WD Anywhere Access™
WD Backup™
wd digerati™
WD GreenPower Technology™
WD Guardian™ Services
WD Photos™
WD SmartWare™
WD SmartWare™ Pro
WD Sync™
WhisperDrive™
WD Monogram WD Labs

* 'Mac' is a trademark of Apple, Inc.