XXX.xxx
Privacy Policy

Last Revised: April 20, 2018

Ex Situ Marketing, Inc. (the “Company”) respects your privacy and is committed to protecting it through this privacy policy (the “policy”).

This policy describes the Company’s practices for collecting, using, maintaining, protecting, and disclosing the personal data it may collect from you or that you may provide when you visit the website located at www.xxx.xxx (the “Website”) and the Company’s practices for collecting, using, keeping, protecting, and disclosing that information. This policy applies to the personal data collected through the Website, regardless of the country where you are located.

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. The Company does not control these third-party websites, and the Company encourages you to read the privacy policy of every website you visit.

Please read this policy carefully to understand the Company’s policies and practices for processing and storing your personal data. By engaging with the Website, you accept and consent to the practices described in this policy. This policy may change from time to time. Your continued engaging with the Website after any such revisions indicates that you accept and consent to them, so please check the policy periodically for updates.

  1. Are minors welcome?

The Website is not intended for anyone under 18-years old. You will only access the Website or register for an account if (1) you are at least 18-years old and (2) have reached the age of majority where you live. The Company prohibits all persons who do not meet the age requirements from accessing the Website. Minors must not access the Website or use its services.

The Company does not knowingly collect or solicit any information or data from minors or allow minors to register for the Website. The Website and its content are not directed at minors. If the Company learns that it has collected personal data from a minor, the Company will delete that data as quickly as possible. If you believe that the Company might have any information from or about a minor, please contact the Company at privacy@xxx.xxx.

  1. What data may the Company collect about you?

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

The Company may collect, use, store, and transfer different kinds of personal data about you, which the Company has grouped together as follows:

  • Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.

  • Usage Data includes information about how you use the Company’s Website, products, and services.

The Company also collects, uses, and shares Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, the Company may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if the Company combines or connects Aggregated Data with your personal data so that it can directly or indirectly identify you, the Company treats the combined data as personal data which will be used in accordance with this policy.

Where the Company needs to collect personal data by law or under the terms of a contract it has with you and you fail to provide that data when requested, the Company may not be able to perform the contract it has or is trying to enter into with you (for example, to provide you with services). In this case, the Company may have to cancel a service you have with the Company, but the Company will notify you if this is the case at the time.

  1. How is your personal data collected?

The Company uses different methods to collect data from and about you including through:

  • Direct interactions. You may give the Company information about you by filling in forms or by corresponding with the Company by phone, email, or otherwise. This includes information you provide when you search for content and when you report a problem with the Website.

  • Automated technologies or interactions. As you interact with the Website, the Company may automatically collect technical data about your equipment, browsing actions, and patterns as specified above. The Company collects this information by using cookies, server logs, and other similar technologies (see Cookies and automatic data collection technologies).

  • Third parties or publicly available sources. The Company may receive information about you if you visit other websites employing the Company’s cookies or from third parties including, for example, business partners; advertising networks; analytics providers; search information providers; data brokers; or aggregators.

Cookies and Automatic Data Collection Technologies

The Company’s Website uses cookies (small files placed on your device) or other automatic data collection technologies to distinguish you from other Website users. This helps the Company deliver a better and more personalized service when you browse the Website. It also allows the Company to improve the Website by enabling it to:

  • Estimate the Website’s audience size and usage patterns.

  • Store your preferences so the Company may customize the Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to the Website.

The Company also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, certain parts of the Website may become inaccessible and certain features may not work correctly. Unless you adjust your browser settings to refuse cookies, the Company’s system will issue them.

The Company’s Website pages and emails may contain web beacons (small transparent embedded images or objects, also known as clear gifs, pixel tags, and single-pixel gifs) that permits it, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording Website content popularity or verifying system and server integrity.

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website. They may associate the information collected with your personal data or they may collect information, including personal data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

The Company does not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

  1. How the Company uses your personal data

The Company uses your personal data to offer you services, communicate with you, deliver advertising and marketing, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how the Company may use the personal data it collects includes to:

  • Present the Website and provide you with the information, services, and support that you request from the Company.

  • Meet the Company’s obligations and enforce its rights arising from any contracts with you or to comply with legal requirements

  • Fulfill the purposes for which you provided the data or that were described when it was collected.

  • Notify you about changes to the Website or services.

  • Ensure that the Company presents the Website content in the most effective manner for you and for your computer.

  • Administer the Website and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical, and survey purposes.

  • Improve the Website, services, marketing, or customer relationships and experiences.

  • Protect the Website, the Company’s employees, or the Company’s operations.

  • Measure or understand the effectiveness of the advertising the Company serves to you and others, and to deliver relevant advertising to you.

  • Make suggestions and recommendations to you and other users of the Website about goods or services that may interest you or them.

The Company may use personal data to enable it to display advertisements to its advertisers’ target audiences. Even though the Company does not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

The Company may use nonpersonal data for any business purpose.

  1. Disclosure of your personal data

The Company may share your personal data with:

  • Any member of the Company’s corporate group, which means its subsidiaries, its ultimate holding company and its subsidiaries, and affiliates.

  • Business partners, suppliers, service providers, subcontractors, and other third parties that the Company uses to support its business (such as analytics and search engine providers that assist the Company with Website improvement and optimization).

  • Third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Your personal data use choices.

  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.

  • To fulfill the purpose for which you provide it. For example, if you give the Company an email address to use the Website’s “email a friend” feature, the Company will transmit the contents of that email and your email address to the recipients.

  • For any other purposes that the Company discloses in writing when you provide the data.

  • With your consent.

The Company may also disclose your personal data to third parties:

  • If the Company sells or buys any business or assets, in which case the Company may disclose your personal data to the prospective seller or buyer of the business or assets.

  • To a buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, where one of the transferred assets is the personal data the Company holds.

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply the Company’s Terms of Use Agreement and other agreements.

  • To protect the rights, property, or safety of the Company’s business, its employees, its customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.

The Company may share nonpersonal data without restriction.

  1. Consent to personal data transfer

The Company is based in Canada. The Company may process, store, and transfer personal data it collects, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own.

By submitting your personal data or engaging with the Website, you consent to this transfer, storing, or processing.

  1. Your personal data use choices

The Company strives to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. The Company has established the following personal data control mechanisms:

  • Opting out. You can ask the Company or third parties to stop sending you marketing messages at any time by following the optout links on any marketing message sent to you.

  • Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly.

The Website contains links to and from the websites of the Company’s partner networks, advertisers and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and that the Company does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these third parties.

  1. Accessing and correcting your personal data

You may send the Company an email at privacy@xxx.xxx to request access to, correct, or delete any personal data that you have provided to the Company. The Company may not accommodate a request to change information if the Company believes the change would violate any law or legal requirement or negatively affect the information’s accuracy.

  1. Data security

The security of your personal data is very important to the Company. The Company uses reasonable and appropriate security measures designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. The Company stores all personal data behind firewalls on severs employing security protections.

Unfortunately, the transmission of information via the Internet is not completely secure. Although the Company does its best to protect your personal data, the Company cannot guarantee the security of your personal data transmitted to the Website. Any transmission of personal data is at your own risk. The Company is not responsible for the circumvention of any privacy settings or security measures contained on the Website.

  1. Do Not Track Policy

Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. The Company is committed to providing you with meaningful choices about the information it collects and that is why the Company provides you the ability to opt out. But the Company does not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.

  1. Your Canadian Privacy Rights

The Company complies with Canadian Federal and Provincial privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act.

The Company will only use your personal information for the purposes intended and as detailed in this policy unless the Company has obtained your consent to use it for other purposes.

Residents of Canada are notified that the personal information they provide to the Company is stored in its databases outside of Canada, including in the United States, and may be subject to disclosure to authorized law enforcement or government agencies in response to lawful demand under the laws of that country.

If you need to contact the Company about your personal information or believe that the Company has violated your privacy rights, please email the Company at privacy@xxx.xxx. You may visit www.priv.gc.ca for more information about your privacy rights.

  1. Your California Privacy Rights

If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by the Company to third parties for the third parties’ direct marketing purposes. Further, if you are a California resident and would like to opt out from the disclosure of your personal information to any third party for direct marketing purposes, please send an email to privacy@xxx.xxx. If you opt out from permitting your personal information to be shared, you may still receive selected offers directly from the Company in accordance with California law.

  1. Your European Union Privacy Rights

If you are located in the European Union, under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights may include the following:

  • Request access to your personal data. This enables you to receive a copy of the personal data the Company holds about you and to check that the Company is lawfully processing it.

  • Request correction of your personal data. This enables you to have any incomplete or inaccurate data the Company holds about you corrected, though the Company may need to verify the accuracy of the new data you provide to it.

  • Request erasure of your personal data. This enables you to ask the Company to delete or remove personal data where there is no good reason for the Company continuing to process it. You also have the right to ask the Company to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where the Company may have processed your information unlawfully, or where the Company is required to erase your personal data to comply with local law. Note, however, that the Company may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.

  • Object to processing of your personal data where the Company is relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where the Company is processing your personal data for direct marketing purposes. In some cases, the Company may demonstrate that it has compelling legitimate grounds to process your information that overrides your rights and freedoms.

  • Request restriction of processing your personal data. This enables you to ask the Company to suspend the processing of your personal data in the following scenarios: (a) if you want the Company to establish the data’s accuracy; (b) where the Company’s use of the data is unlawful but you do not want the Company to erase it; (c) where you need the Company to hold the data even if the Company no longer requires it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to the Company’s use of your data but the Company needs to verify whether the Company has overriding legitimate grounds to use it.

  • Request transfer of your personal data to you or to a third party. The Company will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for the Company to use or where it used the information to perform a contract with you.

  • Right to withdraw consent at any time where the Company is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, the Company may not be able to provide certain products or services to you. The Company will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact the Company at privacy@xxx.xxx.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, the Company may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, the Company may refuse to comply with your request in these circumstances.

The Company may need to request specific information from you to help it confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. The Company may also contact you to ask you for further information in relation to your request to speed up its response.

The Company tries to respond to all legitimate requests within one month. Occasionally it may take the Company longer than a month if your request is particularly complex or you have made a number of requests. In this case, the Company will notify you and keep you updated.

  1. No Rights of Third Parties

This policy does not create rights enforceable by third parties or require disclosure of any personal data relating to users of the Website.

  1. Changes to Privacy Policy

The Company will post any changes it makes to its privacy policy on this page. If the changes materially alter how the Company uses or treats your personal data, it will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring that the Company has an up-to-date active and deliverable email address for you. Please check back frequently to see any updates or changes to this privacy policy.

  1. Contact Information

Questions, comments, and requests regarding this policy and the Company’s privacy practices are welcomed and should be addressed to privacy@xxx.xxx.