INFORMATION WE COLLECT FROM YOU
Types of Information Collected
In order to operate the Website and provide you with access to certain services that we offer, we collect the following types of information from you: (i) personal information by which you may be identified, such as your name, postal address, email address, date of birth, gender, telephone numbers, passwords, credit and debit card information and other financial institution account information (“Personal Information”) and (ii) information about you and your activities on the Website that does not identify you personally, such as your Internet Protocol (IP) address, domain server, the type of computer, web browser, operating system or platform you use and referrer data identifying the web pages you visited prior to and after visiting our Website (“Website Usage Information”).
Collection and Use of Information
We collect your Personal Information when you provide it to us while visiting the Website or otherwise via text message, phone, postal mail or email, such as when you create an account, enter a sweepstakes, contest or promotion, sign up to receive our newsletter, join our mailing list, fill out a questionnaire, participate in a survey, or contact customer service.
Website Usage Information is tracked and gathered when you visit the Website and your web browser or software communicates certain information to the Website. We use this information to generate statistics about visitors to the Website, detect broad demographic trends, enhance the Website’s security, provide content tailored to your interests and to otherwise enhance your experience on the Website.
Passive Collection of Information
In addition to actively collecting Personal Information from you, we, our parent company, subsidiaries, affiliates, joint venturers, strategic alliance partners, sponsors and advertisers (“Partners”) and our third party service providers may use a variety of technologies that automatically collect Website Usage Information and some Personal Information when you visit this Website. The methods used to collect this information may include:
• Cookies. The Website may place small files, called “cookies” onto your computer. Cookies are data files that websites write onto computer hard drives for record keeping purposes when you visit them. The cookie file then identifies you as a unique user. As a convenience feature, cookies simplify the process of recording personal information, so that, for example, users do not have to enter names, addresses or passwords repetitively. Cookies also allow users of the Website to customize certain site features. You can program your browser not to accept cookies, but if you do, you may not be able to use certain portions of the Website and the Website will not be able to customize certain features according to your preferences.
• Web Beacons. Small graphic images or web programming code called web beacons (also known as “pixel tags” or “clear GIFs”) may be included on the pages of the Website and in email messages we send you. Web beacons or other similar technologies may be used for a number of purposes, such as to count visitors to the Website, monitor how you navigate the Website or to count how many particular articles or links posted on the Website were actually viewed.
• Mobile Device Identifiers. Certain mobile service providers uniquely identify mobile devices and we, our Partners or our third party service providers may receive such device information if you access the Website through a mobile device. Certain features on the Website may require collection of mobile phone numbers and we may associate that phone number to mobile device identification information. Additionally, some mobile service providers operate systems that pinpoint the physical location of devices that use their services. Depending on the provider, we, our Partners or our third party service providers may receive this information.
• Embedded Scripts. An embedded script is programming code designed to collect information about your use of this Website, such as the links you click on. The code is temporarily downloaded to your computer from our web server or a third party provider, is active only while you are connected to the Website and is deactivated or deleted once you leave the Website.
SHARING OF YOUR INFORMATION
We share your Personal Information and Website Usage Information with our Partners. In addition, we may also share your Personal Information and Website Usage Information with certain non-affiliated third parties, but only as set forth below:
Third Party Service Providers. In some cases we may employ third party service providers to perform certain services on our behalf, including, without limitation: (i) processing and fulfilling your orders; (ii) providing customer service; (iii) shipping, sending postal mail, emails and text messages; (iv) contest and sweepstakes administration and prize fulfillment; (v) removing repetitive information from customer lists; (vi) analyzing, updating and correcting information we receive; (vii) performing business analysis or quality control; (viii) providing marketing assistance, search results and links (including, without limitation, paid listings and links) and (ix) processing credit card and debit card payments. Consequently, we may share your Personal Information with these third party service providers if they need it to perform services on our behalf. However, such third party service providers are not authorized by us to use your Personal Information for any other purpose.
Business Transfers. Your Personal Information and Website Usage Information may be transferred, sold or otherwise conveyed (“Conveyed”) to a third party where Xyience: (i) merges with or is acquired by another business entity; (ii) sells all or substantially all of its assets; (iii) is adjudicated bankrupt or (iv) is liquidated or otherwise reorganizes. You consent to any and all such Conveyances of your Personal Information and Website Usage Information.
Disclosure of Customer Information for Legal and Administrative Reasons. We may disclose your Personal Information and Website Usage Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (ii) to cooperate in investigations of fraud, intellectual property infringement or any other activity that is illegal or may expose us or you to legal liability; (iii) to enforce or apply the Website’s Terms and Conditions; (iv) to verify the identity of the Website’s users and (v) to protect and defend the rights, property or safety of Xyience, Xyience’s Partners, the respective officers, directors, employees and representatives of each, and the Website’s users.
Disclosure of Aggregated Website Usage Information. We may also share aggregated Website Usage Information that does not identify you personally with third parties.
We take commercially reasonable precautions to help protect the Personal Information we collect from unauthorized access, use, modification or disclosure. However, due to the design of the Internet and other factors beyond our control, we cannot guaranty that any information or communications sent via the Internet will be free from unauthorized access by third parties.
LINKS TO THIRD PARTY WEBSITES
While on the Website or when viewing an email, text message or other content provided by Xyience or the Website, you may encounter links to other websites operated by third parties. These other websites may set their own cookies, collect data or have their own privacy policies and practices. Xyience is not responsible for the privacy practices or the content of such third party websites and we encourage you to review the privacy policies of these sites as soon as you enter them. Links to any third party website or content do not constitute or imply an endorsement or recommendation by Xyience of the linked website or content.
COLLECTION OF PERSONAL INFORMATION FROM CHILDREN
This Website is targeted primarily for use by adults. Xyience does not knowingly or intentionally collect or use any Personal Information from or market its products and/or services to individuals under the age of 13. However, we hereby advise all users of our Website under the age of 13 not to disclose or provide any Personal Information on the Website. In the event that we discover or are notified that a child under the age of 13 has provided Personal Information to us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at www.ftc.gov/kidzprivacy for more information about this Act), we will delete the child’s Personal Information from our files to the extent technologically possible. In addition, we reserve the right to limit participation in particular programs, contests, sweepstakes and other promotions to persons 18 years of age or older.
CONSENT TO TRANSFER
This Website is operated in the state of Nevada in the United States. If you are located in Canada, the European Union or anywhere else outside the United States, please be aware that any information you provide to Xyience will be transferred to the United States and by submitting the information you consent to this transfer.
COMMUNICATION PREFERENCES AND CORRECTING AND UPDATING PERSONAL INFORMATION
If you do not want to receive promotional offers and other marketing communications from us you can “opt out” of receiving such offers and communications by emailing us at: firstname.lastname@example.org, or writing us at:
Manzen, LLC d/b/a Xyience
1335 E. Sunset Road Suite J-H
Las Vegas, Nevada 89119
If you believe that any Personal Information about you that we collect is incorrect or has changed, please send an email message to email@example.com, explaining the correction or change and providing any relevant confirmation or reference number.
If you have a privacy question about this Website, please send us an email at firstname.lastname@example.org or write to:
Manzen, LLC d/b/a Xyience
1335 E. Sunset Road Suite J-H
Las Vegas, Nevada 89119
Last Updated: August _, 2010