1. Information Collected
We collect information about you in three ways:
Information You Provide: You may have the option of providing personally identifiable information about yourself to us that may include the following: name, address, telephone number, e-mail address, user name and password.
Information from Third Parties and other Sources: Third parties may provide us with information about you. We may also obtain additional commercially available information from third parties.
Information from Your Use of the Website: We may collect information about your usage of the Website. This information includes certain information in server logs, including, with respect to your usage of the Website, URL visited, the content accessed, errors experienced, and in some cases, the websites you visited before or after you visit the Website.
2. Cookies and Other Technologies
We use various technologies to collect and store information when you use the Website, and this may include sending one or more cookies or anonymous identifiers to your device, including web beacons’, clear GIFs, pixel tags and other means. Cookies are text information files that your web browser places on your computer and/or your mobile device when you visit a website. Pixel tags are not visible to the user of a website and consist of a few lines of computer coding delivered with the web pages accessed. XCellAir may use such technologies to obtain non-personal information from you as an online visitor. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. You can remove certain cookies by following the directions in your Internet browser’s “help” file. Please note that without cookies, you may not be able to take full advantage of all of the features of the Website.
3. Use of Your Personally Identifiable Information
The personally identifiable information that you provide and that we collect will be stored and maintained by XCellAir or its service providers for so long as we, in our sole discretion, believe is necessary or appropriate (a) to carry out the purpose(s) and the use(s) for which such information was collected; or (b) to comply with applicable laws, contracts, or other rules or regulations.
When you contact XCellAir, we may keep a record of your communication.
- To contact you, including via e-mail, to respond to your comments or requests for information;
- To improve our, and our affiliates’, products and services and identify, develop or offer new products and services;
- To contact you with more information about XCellAir and its products and services, as well as information regarding products and services of our authorized partners and affiliates (each an “XCellAir Partner”);
- To generate aggregate statistical studies and conduct research which may be used in marketing our services to you or to third parties;
- To provide any legitimate business service or product.
When showing or providing you with tailored content, we will not associate a cookie or anonymous identifier with sensitive categories, such as those based on race, religion, sexual orientation or health.
We may combine personal information about you received from several sources, including without limitation, the information described above in order to create more tailored personalized promotions of certain products and services for you and to better market our products and services to you and to third parties. We may share such personal information, in an aggregated, non-personally identifiable manner, with third parties.
4. Data Sharing and Transfer
XCellAir will not trade, sell or share your personal information for use by any third party except in the following circumstances:
- With Your Consent.
- With our affiliates.
Notwithstanding the aforesaid in this Section 4 above:
- We may share aggregated, non-personally identifiable information publicly and with companies or financial institutions that perform marketing services on our behalf or with other financial institutions with which we have joint marketing arrangements. For example, we may share information publicly to show trends about the general use of our services;
- We may sell such aggregated, non-personally identifiable information to third parties; and
- We may combine information collected about you with information that we already have about you, and share it, in an aggregated, non-personally identifiable manner, with third parties.
- In the event that XCellAir is involved in a transaction such as a merger, stock purchase, bankruptcy or sale of substantially all of XCellAir’s assets, your personal information may be transferred to the other party in such transaction. If you have provided an e-mail address to XCellAir, when your information has been transferred as a result of a merger, stock purchase, bankruptcy or sale of substantially all of XCellAir’s assets (other than where the new owner is an affiliate of XCellAir).
5. Children’s Privacy
The Website is not directed at children and children are not intended as the audience of the Website. Furthermore, neither the Website nor third parties on behalf thereof knowingly collect any personal information from children under 13 years of age. Accordingly, the provisions of the Children’s Online Privacy Protection Act do not apply to the Website. We encourage all parents to talk to their kids about online safety and to monitor their children’s use of the Internet and mobile applications.
6. Security; Access outside the United States
Your personal information will be stored by XCellAir or its third party service providers. To the extent your information is stored by third party service providers, such information will be subject to the security procedures utilized by such service providers, whose data protection and privacy protections may not afford the same level of protection as required by laws of certain countries, such as the member nations of the European Union. If you wish to receive information about such third party service providers, you may make such request using the contact information set forth at the end of this document, including the phrase “Third Party Service Providers” in the subject line, and providing us with your name, address and e-mail address. We will respond to you within thirty (30) days of receiving such a request.
We make no claims that the Website or any of its respective contents are appropriate or may be downloaded or accessed outside of the United States. If you are visiting this Website from a country outside the United States, you acknowledge and agree that in using this Website, you will transfer personal information about yourself to the United States, that your information will be deemed sent to XCellAir from the United States, that the data protection laws of the United States may not be as comprehensive as those in your own country, and that the transfer of this personal information occurs with your consent and will be treated in accordance with the laws of the United States. By providing any personal information to XCellAir through this Website, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to the submission, collection and processing of such information in the United States.
Transmissions via the Internet and mobile networks are never completely private or secure. You understand that any messages or information you send to our Website may be read or intercepted by others. If you have any questions about the security of personally identifiable information collected by XCellAir, please contact us at the e-mail address shown below.
Data transmitted via the Website may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Website. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Website unless your web browser software supports such encryption.
7. Access to your Information
We attempt to keep your files complete, up-to-date, and accurate. We tell you how and where to conveniently access your personal information and how to notify us about errors.
- You also may write to us directly if you wish to: (a) update or delete your personally identifiable information; (b) close your account; or (c) request that we cease sending you promotional or other information via mail or e-mail. Such written requests should be sent to XCellAir at the address below. We will comply with requests for the deletion of information subject to the provisions of Section 8 below.
We reserve the right to deny access to personally identifiable information in your XCellAir account (a) when such denial of access is required by law; (b) when granting you access is reasonably likely to negatively impact other people’s privacy; (c) to protect our rights and property; and (d) when such requests are frivolous or made in bad faith.
8. Choice and Opt Out Preference; Termination.
If, at any time, you prefer not to receive further e-mail communications from XCellAir, you will have the ability to unsubscribe from all of some of such communications by updating your preferences in your XCellAir account or to write to us to opt out in accordance with the contact information below. If, at any time, you prefer not to receive any other form of communication from XCellAir, you will have the ability to unsubscribe from such communications by contacting us at the address below as well as to close your XCellAir account.
If you wish to cancel your XCellAir account or request that we no longer use your information to provide you services, contact us in accordance with the contact information below.
We will retain your information for as long as your XCellAir account is active or as needed to provide you services or as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
9. Special Notice to California Residents
Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you for their marketing purposes during the previous calendar year and a description of the categories of personal information shared. To make such a request, please use the contact information set forth at the end of this document and please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address and e-mail address. We will respond to you within thirty (30) days of receiving such a request.
10. Do Not Track
XCellAir does not support Do Not Track (“DNT”) with respect to your usage of the Website. The Website does not have a mechanism to recognize the various web browser DNT signals, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators. XCellAir takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browsed technology and the implementation of a standard.
11. Questions or Comments
Effective Date: 01/2015
Last Modified: 01/2015