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隐私政策 Privacy Policy

At ELS, we respect our customers and understand that you are concerned about privacy. Therefore, ELS Educational Services, Inc. (“ELS”) has instituted policies intended to ensure that your personal information is handled securely and responsibly. We have posted this Privacy Policy to let you know what kind of information we collect, how it is handled and with whom it may be shared.

As we continue to develop our websites, including, without limitation, any website or URL of ours that we have linked to this Privacy Policy (collectively “websites”), and take advantage of technologies to improve the services we offer, this Policy will likely change. We encourage you to refer to this Policy on an ongoing basis, so that you understand our current Privacy Policy.

What Information Do We Collect?

  1. a)Personal Information

We collect various types of “personal information” depending upon how you use our websites, such as:

  • When you order from us, we collect your name, address, email address, phone number, and credit card number with expiration date.
  • When you order from us, we retain a record of your purchases.
  • When you enter a sweepstakes or contest online, we usually collect your name, address, email address, and phone number. We also may ask you for additional information, such as your age, interests, product preferences, or postal code.
  • When you submit an inquiry, we need your name, email address and postal code to respond.

You will always know when we are collecting personal information because we only collect personal information when you voluntarily submit it to us. If you do choose to give us personal information through our websites, we will collect and retain that information, and you consent to the transfer and storage of that information on our servers. If you choose not to give us personal information, we may not be able to provide you with any services you may request or require.

  1. b)Non-Personal Information

When you use our websites, we may also collect “non-personal information,” which is information that, by itself, cannot be used to identify or contact you, such as demographic information (such as your age, gender, income, education, profession, postal code, etc.) or technical information (such as your IP address, the type of browser you are using). Non-personal information may also include information that you provide us through your use of our websites, such as the terms you enter into the search functions of our websites.

  1. c)Cookies and Similar Technologies

When you visit or interact with our websites or services, we or our authorized service providers may use cookies, clear gifs, log files, flash cookies and similar technologies for the functioning of our services, to help us improve our performance, or to give you extra functionalities, all with the goal of providing a better experience.

The common types of tracking technologies (collectively “cookies and similar technologies”) used by ELS include:

Cookies: A small piece of information sent by a website that is saved in the memory of your computer’s browser or device. It holds information a site may need to interact with you and personalize your experience. At ELS, we use two kinds of cookies: session cookies and persistent cookies.

Session cookies exist only for as long as you stay on ELS’ websites or your browser remains open. Once you exit your browser or leave ELS’ websites, they go away. We use session cookies to maintain information we need to have in order for you to shop at our websites. For example, the Session ID cookie that we ask your browser to hold retains the ID for your online application to an ELS program. Without the Session ID cookie, you can’t carry your application through to Checkout.

Persistent cookies, in contrast, last from visit to visit.  They are stored in your browser’s cache or device until you choose to delete them.  We may use persistent cookies to give you a more personalized experience and to help you navigate our site more efficiently. Any information collected and maintained in this fashion will be used to enhance your site experience.

Cookies can be used by a website to recognize you. But that does not necessarily mean any personal information is stored in the cookies. At ELS, we store no personal information about you in the cookies.  Anything you choose to tell us about yourself (such as your address and email address) is stored on our secured servers.

Web beacons: Small graphic images (also known as “pixel tags” or “clear GIFs”) that may be included on our websites, services, applications, or tools, that typically work in conjunction with cookies to identify our users and user behavior.

Similar technologies: Technologies that store information in your browser or device utilizing local shared objects or local storage, such as flash cookies, HTML 5 cookies, and other web application software methods. These technologies can operate across all of your browsers, and in some instances may not be fully managed by your browser and may require management directly through your installed applications or device. We do not use these technologies for storing information to target advertising to you on or off our websites.

Mobile data collection: The MyELS mobile application and mobile versions of our websites may use technologies like cookies, flash cookies, web beacons, analytical tags, log files, and geo-location technologies to improve your experience. We may ask you to provide, or enable your mobile device to provide, precise location information.  For example, if you use the Destination Planner feature of the MyELS application to share a location with friends and family, you will be asked to allow MyELS to use your current location. You are not required to allow MyELS to use your current location and can manually enter the location instead. You may also disallow our use of certain location data through your device or browser settings, for example, by disabling “Location Services” for the MyELS application in iOS settings.

Use of cookies and similar technologies by authorized third-party service providers

We may work with third-party companies, commonly known as service providers, who are authorized to place cookies and similar technologies on our websites with our permission. These service providers help us to provide you with a better, faster, and safer experience.

These service providers may use cookies and similar technologies to help us deliver our own content and advertising, and compile anonymous site metrics and analytics. We do not authorize any of these service providers to collect any of your personal information on our websites for their own purposes. Third-party cookies and similar technologies are covered by the third-parties’ privacy policies.

Do Not Track

ELS currently does not respond to Do Not Track signals in browsers.   While we collect personal information from you as described earlier in this Privacy Policy, we do not collect personal information from you to monitor your online activities across third-party websites or online services (also known as behavioral advertising or interest-based advertising).

Third-parties that have content embedded on ELS’ websites (such as buttons, widgets, and other embedded features or content) may set cookies on a user’s browser and/or obtain information about the fact that you visited our websites from a certain IP address. We do not authorize third-parties to collect any other personal information from ELS’ websites unless you provide it to them directly.

How Do We Use Your Information?

  1. a)Personal Information

If you choose to provide personal information to us, we may use your information in a number of ways, including the following:

  • To process orders or to respond to inquiries.·To enhance your online experience. For example, we may use it to recognize you and welcome you to our websites.·         For marketing and promotional purposes. For example, we send out emails to our customers about products or events that we think may be of interest to them. We also may send you offers for discounts or free services.·         We may send you an email offer. We do this only if you have indicated previously that you are willing to receive email offers. Each time we send an email offer, we provide you with the opportunity to opt out of receiving future email offers.

ELS respects your privacy. We will not call you unless you have indicated telephone as your preferred contact method. In addition, your phone number will not be sold or given to any non-affiliated third-party.

  1. b)Credit Card Information

Credit card numbers are not stored in our database. We use encryption to transmit your information to our payment processor to verify the credit card and place an authorization for the order total. If the authorization, address verification and risk assessment all clear, the order is accepted and a unique ID is associated with the order for purposes of billing the previous authorization. This ID contains no identifiable link to the credit card number.

  1. c)Non-Personal Information

We use the non-personal information we collect to analyze how our websites are being used, and to improve the content on our websites.

How Do We Share Your Information?

  1. a)Affiliated Parties

Except as specifically set forth in this Policy, we do not share your personal information with any non-affiliated third-party without your permission. We may disclose aggregate information, such as demographic information, and our statistical analyses to third-parties, including advertisers or other business partners. This aggregate information does not include your personal information. We may, however, share your personal information with certain entities that control us, are controlled by us, or are under common control with us (our “Affiliates”), and websites operated by our Affiliates, so that they and we can offer you products and services that may be of interest to you.  We require that our Affiliates agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

  1. b)Service Providers and Third-Parties

We may team with a marketing agency or another website, to conduct a sweepstakes or other event. In this case, each of the participating third-parties may collect or receive personal information from you if you provide information directly to them. Therefore, you should refer to their privacy policies to understand how they handle your information and what kinds of choices you have.

ELS may also share your personal information with outside companies that perform services for ELS. For example, we may retain an outside company to manage a database containing certain customer information or to create and distribute an email offering. When we work with an outside party, we require that these parties agree to process your personal information based on our instructions and in compliance with this Policy.  We will take appropriate steps designed to ensure your information will be used solely to provide the services requested by us, and not for other purposes.

  1. c)Other Disclosures

Additionally, ELS may share your personal information when it is necessary to comply with law or to protect our interests or property. This may include sharing your personal information with other companies, lawyers, credit bureaus, agents or government agencies in connection with issues related to fraud, credit or debt collection, and other types of criminal investigation.

Is My Information Secure?

ELS is committed to doing its best to maintain the security of information collected on our websites. To try to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have implemented physical, electronic, and managerial procedures to safeguard and secure the information we collect.

There is always some risk in transmitting information electronically. As we deem appropriate, we use security measures consistent with industry standards. However, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet.

Access and Corrections

You may contact us any time at rita.pauls@berlitz.de to request any of the following: 1) see what personal information we have about you, if any, 2) change or correct any personal information we have about you, 3) have us delete any personal information we have about you, 4) express any concern you have about our use of your personal information. It is not technologically possible to change or delete each and every instance of the information we hold on you from our systems, and data may remain in non-erasable or aggregate form. We may retain data for a period in our backup or temporary systems. We may also retain some information for longer periods as required by law, contract, or auditing requirements.

What About Children’s Privacy?

It currently is our policy not to knowingly collect personal information from any person under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at rita.pauls@berlitz.de. If we become aware that a child under 13 has provided us with personal information, we will endeavor to delete such information from our files as soon as possible.

If you are under 18 years of age and live in California, you have the right to request removal of content posted by you on our websites.  Upon receipt of a fully completed removal request, we will use commercially reasonable efforts to remove content posted by you from our websites. Any such request does not ensure complete or comprehensive removal of your posted content. For example, your posted content may continue to appear on ELS’ websites if it has been reposted by others, independently posted by a third-party, was posted by you anonymously, or if you were compensated for providing the content.  Additionally, while ELS will remove the content you posted from our websites, it may continue to be stored on our servers (although it will not be visible to other users of our websites).  You must complete the removal request form accurately and in its entirely in order for the request to be processed.

How to Provide a California Minor Removal Request

If you are a user under the age of 18 and reside in California, and you wish for your published content to be removed from ELS’ websites, please provide ELS’ Agent listed below with the following information in a written notice:

(1.) Confirmation that you are currently a legal resident of the state of California;
(2.) Confirmation that you are under the age of 18 by providing your birthday;
(3.) Describe the exact content that you are seeking to have removed (please provide a URL if possible);
(4.) Provide your full name; and
(5.) Provide your email address.ELS’ designated Agent for California Minor Removal Requests can be reached as follows:

Service Provider:  ELS Educational Services, Inc.
Name of Agent of Request: Rita Pauls
By mail: 7 Roszel Road, Princeton, NJ 08540
By fax: (609) 524-9870
Email: rita.pauls@berlitz.de (please add “California Minor Removal Request” to the subject line)

DisclaimerDue to the changing nature of the Internet, ELS reserves the right to change this Policy at any time.

ELS US-EU and US-Swiss Safe Harbor Privacy Program

As a subsidiary of Berlitz Languages, Inc., ELS is committed to handling your personal information in accordance with this Policy, and we will adhere to the Safe Harbor Principles as administered by the U.S. Department of Commerce. To learn more about the Safe Harbor program, and to view Berlitz’ certification, please visit https://safeharbor.export.gov/companyinfo.aspx?id=27032.

How Can You Contact Us?If you have any questions or comments about this Policy, please use the Contact form.  Complaints will be resolved internally in accordance with ELS’ complaints procedures.  If you live in the European Union or Switzerland and efforts to resolve the matter internally are unsatisfactory, the complaint may be submitted to the American Arbitration Association (http://www.adr.org), which has been selected as the independent recourse mechanism to resolve complaints and disputes relating to treatment of data originating in the European Union or Switzerland under this Policy.

California Residents

Residents of the State of California have the right to request a list of all third-parties to which we have disclosed certain information during the preceding year for the third-parties’ direct marketing purposes.

However, it is our policy to neither disclose personal information, nor to sell such information to third-parties for direct marketing purposes.

 

This policy is effective as of November 23, 2015.

 

Terms of Use

Last Updated: November 23, 2015

 Purpose and Use

ELS Educational Services, Inc. (“ELS”) permits access to our websites, including, without limitation, any website, URL, or application of ours that we have linked to this Privacy Policy (collectively “websites”), free of charge to provide information about ELS’ products and services. To ensure a safe, non-offensive environment for all of our users we have established these Terms of Use, which explain the rules of use for our websites. By continuing to access or use our websites, users agree to be legally bound and to abide by terms set forth below.

Eligibility

Our websites are intended solely for persons who are 18 or older.  Any access to or use of our websites by anyone under 18 is expressly prohibited.  By accessing or using our websites you represent and warrant that you are 18 or older.

Content Ownership and Permissions

Our websites and their content are protected by copyright, trademark, and other laws of the United States and foreign countries.  ELS and its licensors exclusively own all right, title and interest in and to the content, including all associated intellectual property rights.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the content.  No licenses or rights are granted to you by implication or otherwise in or to any intellectual property rights owned or controlled by ELS or its licensors.

Subject to your compliance with the terms and conditions of these Terms of Use, ELS authorizes you to download, view and print any content provided on our websites, solely for your personal and non-commercial use, and subject to the terms and restrictions set forth in these Terms of Use.  No content on our websites may be otherwise reproduced, stored, altered or further distributed without our prior written permission. Requests for permission should be sent in writing to our headquarters office at the address below.

ELS Educational Services, Inc.
Attn. Marketing Department
7 Roszel Road
Princeton, NJ 08540-6306

Responsibility

ELS does not monitor all activity on its websites but reserves the right to do so.

(a)  Security

Users are prohibited from violating or attempting to violate the security measures on this site, including, without limitation:

  • Using a false password or one belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
  • Disclosing a password or permitting a third-party to use a password or failing to notify ELS if a password is compromised;
  • Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
  • Sending unsolicited email, including promotions and/or advertising of products or services;
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
  • Hijacking all or any part of the website content, deleting or changing any website content, or linking to the websites without our specific written permission.

(b)   General RulesUsers agree to use the websites only for lawful purposes. Users may not use the websites to post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates ELS, its subsidiaries and/or affiliates, or a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

(c)  Violations

ELS has absolute discretion to determine if any use violates these rules, and to act as it deems appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. ELS will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

(d)  Termination of Usage

ELS may terminate or suspend a user’s access to all or part of the websites, without notice, for any conduct that ELS, in its sole discretion believes is in violation of these Terms of Use, any applicable law, or is harmful to the interests of another user.

SubmissionsELS’ policy is not to accept or consider any unsolicited ideas or materials of any kind. Do NOT submit any such materials. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.

Internet and LinksELS assumes no responsibility for the security of our websites or your communications with our websites on the internet. It is strictly prohibited to link other sites with our websites without ELS’ prior written permission. We may permit some links for convenience, but ELS is not responsible for any unaffiliated sites to which it is linked or for material posted to our websites by anyone other than ELS. Links to unaffiliated sites or resources do not imply any endorsement by ELS of such sites or resources or the content, products, or services available from such sites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such sites or resources.  ELS makes no representations or warranties about the content, completeness or accuracy of the links or the sites linked to our websites.  Please note that the site rules and privacy policies of linked sites may differ from those of ELS and should be reviewed by you when you access any other site.

Prohibited UsesIt is strictly prohibited to disrupt or damage our websites, their contents or their security measures or to harass or disparage ELS or our products or services or personnel. No unsolicited email (spam) may be directed to or through our websites.

Digital Millennium Copyright Act (“DMCA”) NoticeELS Educational Services, Inc. owns, protects and enforces copyright in its own creative materials and respects the intellectual property of others. Our websites contain materials of third-parties and links to third-party sites, portals and directories. As a result, materials of third-parties, not owned or controlled by ELS, are included in or linked to our websites or are stored or transmitted by or over the ELS websites. To the best of ELS’ knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (the next paragraph explains how to give proper notice), ELS will respond expeditiously by removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of ELS to terminate its relationships with third-parties who repeatedly infringe the copyrights of others where such parties are known to ELS to be repeat infringers in connection with their use of the ELS websites, links, or storage and communication systems and networks.

How to Provide Notice of Infringement ClaimsIf you believe that your work has been copied in a way that constitutes copyright infringement, please provide ELS’ Agent for Notice listed below with the following information in a written notice:(1.) An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed upon;
(2.) A description of the material that is claimed to be infringing and provide enough detail that we may find it on our websites;
(3.) Your address, telephone number, and email address;
(4.) A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
(5.) A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and,
(6.) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.

ELS’ designated Agent for Notice of claims of copyright infringement can be reached as follows:

Service Provider: ELS Educational Services, Inc.
Name of Agent for Notice: Rita Pauls
By mail: 7 Roszel Rd, Princeton, NJ 087540
By phone: (609) 759-5371
By fax: (609) 524-9870
Email: rita.pauls@berlitz.de

ELS follows the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and where indicated, “putback” of the alleged infringing material.  Refer to the United States Copyright Office for the provisions of the DMCA at www.loc.gov/copyright/legislation/dmca.pdf.

Disclaimers

OUR WEBSITES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR WEBSITES.  WITHOUT LIMITING THE FOREGOING, ELS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.ELS MAKES NO WARRANTY THAT THE WEBSITES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  ELS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITES OR THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY ELS CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITES.ELS DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.  ELS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF OUR WEBSITES.

Indemnity

You agree to defend, indemnify, and hold ELS, its owners, subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the websites or content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITES AND CONTENT REMAINS WITH YOU.  Neither ELS nor any other party involved in creating, producing, or delivering the websites or content will be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising out of or in connection with these Terms of Use or from the use of or inability to use the websites or content, whether based on warranty, contract, tort (including negligence), negligence, product liability or any other legal theory, and whether or not ELS has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.  ELS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD-PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITES. In no event will ELS’ aggregate liability arising out of or in connection with these Terms of Use or from the use of or inability to use the websites, or content exceed twenty-five U.S. dollars ($25).  Some jurisdictions do not allow exclusions of liability for certain types of damages.  Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.  In such cases, ELS’ liability will be limited to the fullest extent permitted by applicable law.  If you are dissatisfied with any portion of the websites, or with these Terms of Use or any other policy applicable to the websites, your sole and exclusive remedy is to discontinue using the websites.  This sole and exclusive remedy is separate and independent of any other provision that limits ELS’ liability or your remedies.

Applicable LawOur websites are controlled by ELS in New Jersey, USA. By using the websites, regardless of where you live or are located in the world, you agree that these Terms of Use and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in New Jersey, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

AcceptanceBy using the websites, user accepts and is subject to the terms and conditions set forth in this Terms of Use which govern all use and all results thereof.

RevisionELS reserves the right to make changes to the websites and to the terms and conditions set forth in this Terms of Use at any time and without prior notice.  If we modify these Terms of Use, we will post the modification on the websites.  Your continued use of the websites indicates your acceptance of any modifications to these Terms and Conditions.

Miscellaneous

If any part of the Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Terms of Use constitute the entire agreement between ELS and you regarding the websites.

Warning:ANY USE OF THE ELS WEBSITES IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF ELS AND MAY RESULT IN LEGAL ACTION AGAINST YOU.

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