XENIO SYSTEMS PRIVACY POLICY

This Privacy Policy applies only to the website controlled by Xenio Systems (“Xenio,” “we,” or “us”) where this Privacy Policy is posted (the “Site”). This Privacy Policy does not pertain to information that is collected offline.

BY USING THE SITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE.

A. INFORMATION COLLECTED

This Privacy Policy applies only to information collected on the Site and does not apply to information collected by Xenio through any other means.

We collect two types of information from visitors to the Site: (1) Personally Identifiable Information; and (2) Non-Personally Identifiable Information, such as your IP address or cookies.

(1) Personally Identifiable Information

“Personally Identifiable Information” is information that identifies you personally, such as your name, address, telephone number, e-mail address, or company name. Xenio collects and stores the personally identifiable information that you have provided to us.  We do not collect any  Personally Identifiable Information by default.  Here are some examples of manners in which we may collect your personally identifiable information on the Site:

We may collect your e-mail address and any other personally identifiable information that you provide to us either in an e-mail if you contact us with a question;

  • We may collect your name, address, phone number, e-mail address, and any other personally identifiable information that you provide to us if you contact us to apply for employment;
  • We may collect your name, address, phone number, e-mail address, company name, and any other personally identifiable information that you provide to us through your registration on or use of the Site or if you otherwise contact us regarding product information, sales inquiries, supplier inquires, distributor inquires, or customer support / service inquires.

The above list provides an example of the personally identifiable information that may be collected on the Site. In addition, we may collect your name, address, phone number, e-mail address, company name, and any other personally identifiable information that you provide to us by completing a registration questionnaire or providing your business card to us at a trade show or other conference or meeting. If you do not want Xenio to collect your personally identifiable information, please do not provide it to us.

(2) Non-Personally Identifiable Information

“Non-Personally Identifiable Information” can be technical information or it can be demographic information, such as your age or gender. Non-personally identifiable information does NOT identify you personally.

(3) Log Data and Activity Tracking

We may gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data.

We may combine this automatically collected log information with other information we collect about you, including PII. We may combine this information to improve our services, as well as for marketing, analytics, and site operation purposes.

We and our partners (such as Google Inc.’s Google Analytics) may use technologies such as cookies, beacons, tags and scripts to analyze trends, administer the site, track users’ movements around the Site and gather demographic information about our visitors as a whole. We and our partners may create individual and aggregated reports using these technologies. Google may use the data collected to contextualize and personalize the ads of its own advertising network.

We may use cookies for user analytics and to save a user’s preferences from one session to the next. User control of cookies is available at the individual browser level. If you reject cookies, you can still use the site, though your ability to use certain features or areas of the site may be hampered.

B. USE OF INFORMATION COLLECTED VIA THE SITE

(1) Personally Identifiable Information

We use your personally identifiable information that is collected on this Site or by other means primarily for the following purposes:

  • To deliver information, products or services you request or purchase;
  • To complete a transaction or service requested by you;
  • To ensure the Site is relevant to your needs;
  • To help us create and publish content most relevant to you;
  • To notify you about a material change to this Privacy Policy, if necessary;
  • To contact you in response to general e-mail inquiries and specific inquiries regarding employment, sales, suppliers, distributors, and support and service requests; and
  • To contact you in response to your registration on the Site for future communications, specific inquiries and/or for downloading information.

(2) Non-Personally Identifiable Information

Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws, including combining non-personally identifiable information with personally identifiable information.

(3) Opt Out

Note that you may opt out of providing PII to us or from receiving information from us or our partners, as provided on the Site. You may opt out of Google Analytics by visiting the Google Analytics opt-out page.

C. SHARING AND DISCLOSURE OF INFORMATION

(1) Personally Identifiable Information

We may share or disclose your personally identifiable information in the following instances:

  • To fulfill a service to you. For example, if you e-mail us a question, we may use your e-mail address to process your request and respond to your question;
  • To sales representatives, suppliers, and distributors. For example, if you e-mail us with a question regarding our services or the purchase of our products, or related to the supply or distribution of our products, we may use your information to process your request and share your information with our sales representatives, suppliers or distributors so that they can contact you directly;
  • To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personally identifiable information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not provide us with this information.
  • To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, and sending customer communications on Xenio’s behalf). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Site will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not submit any personally identifiable information to us;
  • To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of Xenio or act in urgent circumstances to protect the personal safety of our end users;
  • To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets; and
  • To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personally identifiable information to any third parties.

(2) Non-Personally Identifiable Information

We use non-personally identifiable information collected on the Sites in the manner disclosed above, in Section B. We may share this non-personal information with third parties.

D. TESTIMONIALS

We may display company or personal testimonials of satisfied customers on our Site. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected].

E. COLLECTION AND USE OF INFORMATION FROM CHILDREN UNDER THE AGE OF 13

The Site is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the Site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the Site, we will delete the information from our records.

F. THIRD PARTY WEB SITES

This statement applies solely to information collected on the Site. The Site may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.

G. SOCIAL MEDIA FEATURES

The Site may include social media features, such as a Facebook “Like” button and a Twitter link (“Social Media Features”). A Social Media Feature may collect your IP address and which page you are visiting on the Site, and may set cookies to enable the Social Media Feature to function properly. Social Media Features are either hosted by a third party or hosted on the Site by Xenio. Your interactions with Social Media Features are governed by the privacy statements of the web sites providing them.

H. INTERNATIONAL TRANSFER OF INFORMATION

If you choose to provide us with personally identifiable information, Xenio may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European

Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personally identifiable information to the United States which does not have the same data protection laws as the EU and other regions and by providing your personally identifiable information you consent to:

  • the use of your personally identifiable information for the uses identified above in accordance with this privacy policy; and
  • the transfer of your personally identifiable information to the United States as indicated above.

I. ASSIGNMENT

In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.

J. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time. When we do, we will also revise the “last update” date at the bottom of this Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on the use or disclosure of personal information you have provided, we will attempt to obtain your consent before implementing the change by sending a notice to your e-mail address, if one is on file, or by placing a prominent notice on the Site.

K. SECURITY

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you submit to the Site is done at your own risk.

Once we receive your transmission, we make reasonable efforts to ensure security on the systems. We use firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.

If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Site or providing personally identifiable information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this Site. We may post a notice on the Site if a security breach occurs. We may also send an e-mail to you at the e-mail address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

L. CONTACTING US

If you have any questions about this Privacy Policy or our privacy practices, please contact [email protected].

YOUR CALIFORNIA PRIVACY RIGHTS

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding Xenio’s disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us:

Xenio Systems
724 Brannan Street
San Francisco, CA 94103