TYPE OF INFORMATION COLLECTED
We collect and merge non-personally identifiable information (“Non-PII”) and personally identifiable information (“PII”) through the various sources discussed below. For your reference, PII means any information that may be used to identify an individual, including but not limited to name, address, telephone number, or e-mail address. Non-PII is data that is not used to specifically identify, contact or locate an individual, including but not limited to zip code, gender, age, or IP address.
HOW WE COLLECT YOUR INFORMATION
1. Websites: We collect information about you via a XYMAX website when you provide it in connection with a request for a product, service or information. For example, if you decide to place an order or complete a registration form, we may ask you for, but not limited to, the following information: First and last name, delivery address, billing address, e-mail address, telephone number, date of birth, gender, mother’s maiden name and/or payment information. We also collect information through web server applications. This information includes, but is not limited to your referring URL, browser type, Internet protocol (“IP”) address, and the date and time.
2. Advertisements: Additionally, we collect information about you when you complete a questionnaire on one of our advertisements included on our websites or web pages. The advertisements present opportunities for consumers to acquire our services or gain access to other opportunities we can provide. This information may include, but is not limited to: your e-mail address, name, mailing address, telephone number, date of birth, gender, IP address, and payment information; as well as other information about your interests.
3. Marketing Partners: In some cases, we contract marketing partners who are website publishers to host one of our websites or web pages on our behalf, if you sign up on one of these hosted websites or web pages our marketing partners may submit all or a portion of the information that you submitted on the registration form to XYMAX This information may include, but is not limited to: your e-mail address, name, mailing address, telephone number, date of birth, gender, IP address, and payment information; as well as other information about your interests.
4. Data Partners: We may receive information about you, including but not limited to your e-mail address, name, mailing address, telephone number, date of birth, gender, and IP address from third-party data partners that sell or contract us to manage consumer data on their behalf.
5. Service Providers: We may use third-party data houses to append additional information to the information you have provided us. This information may include, but is not limited to phone number and e-mail address. In addition, we may acquire information from service providers to validate the information you provided.
HOW WE USE YOUR INFORMATION
Information or other service; (2) respond to an e-mail or request; (3) send information to you about additional goods or services, deliver to you our newsletter or surveys, product information, usage tips or promotions; (4) help improve our website(s) or services; (5) to service your account, verify your identity, and provide customer service; or (6) customize visitors’ experiences at our website(s). XYMAX may also use your personal information for any marketing and survey purpose on behalf of itself and its affiliates and subsidiaries.
We may use your information for ad serving purposes. For example we may show ads to you based on your IP address, demographics, phone number, or other information we collected about you. We reserve the right to decline all current and future transactions through any data points at our own discretion which may include the use of currently and previously collected information. Your acceptance of the terms and conditions of this website constitutes your express written consent to receive telemarketing calls from us and from third-party marketers, including by means of a pre-recorded message and automated voice dialing. Your consent will be effective regardless of whether the number you have provided: (a) is a home, business, or cell phone line; and/or (b) is or will be registered on any state or federal Do-Not-Call (DNC) list, and shall remain in effect until you revoke your consent by clicking here to unsubscribe.
When submitting your credit card to us or one of our advertisers, you are consenting to allowing us to preauthorize your credit or debit card to determine your ability to pay for any product or service that you may be interested in. In no circumstance will we ever share your credit card data.
We may use your information for on-line and off-line marketing purposes, including but not limited to text messaging, e-mail marketing, telemarketing, and direct mail.
1. SMS, Wireless and Other Mobile Offers. Some of the services that we provide will result in sending an SMS, wireless or other mobile offering to your cell phone. These should be obvious in the context of the offering at the time you sign up. By signing up, you are agreeing to receive these mobile offerings. You understand that your wireless carrier’s standard rates apply to these messages. To unsubscribe or discontinue SMS messages, send “STOP”, “END”, “QUIT” to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message for each offering. This will not affect offerings sent on behalf of third-parties.
HOW WE SHARE YOUR INFORMATION
XYMAX may disclose personal information, including name, address, email address and telephone number, to other companies, which may have no relationship to XYMAX Furthermore, we may sell, license, or share this information with third-parties for various marketing purposes, text messaging, and direct mail. You specifically authorize, and provide your express consent to receive, telemarketing calls from us and our third-party marketing partners, including autodialed calls, on your landline telephone and/or your cell phone (if number was provided).
Additionally, XYMAX will use or disclose your personal information under the following circumstances: (1) in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; (2) in the event you violate or breach an agreement with a XYMAX website; (3) we believe you will harm the property or rights of a XYMAX website’s customers; or (4) we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, chargeback resolutions, situations involving potential threats to the physical safety of any person, or as otherwise required by law. We may also collect, store or accumulate certain non-personally identifiable information concerning your use of a XYMAX website, such as information regarding which of our pages are most popular. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We may share or transfer such aggregate, non-personally identifiable information with or to our affiliates, licensees and partners.
Some information is collected automatically while you are using a XYMAX website. It is important to note that XYMAX must store this information in order to ensure you receive optimal service while using a XYMAX website.
This type of information could include:
1. Log Files: XYMAX uses log files to track member usage and engagement and to gauge the effectiveness of our different services. We use your IP address to help diagnose problems with our server and to administer the website. Log file information may include, but not limited to: (1) IP Addresses; (2) browser type; (3) number of page views; (4) log-in frequency; and (5) page or section accesses.
3. Clear Gifs: XYMAX uses clear gifs, which are tiny graphics with a unique identifier (similar in function to cookies), to track the online movements of the web users. Additionally, we may use pixel tracking technology to track the completion of transactions with us or our advertisers.
XYMAX websites are not intended or designed to attract users under the age of 18. We do not collect personally identifiable data from any person we know to be under the age of 18 and instruct users under 18 not to send us any information. It is possible that by fraud or deception we may receive information pertaining to children under the age of 18. We recognize the unique privacy concerns regarding children. We are committed to carefully protecting privacy where children are involved no matter the point of contact. In particular, our intention is to fully comply with the Children’s Online Privacy Protection Act (“COPPA”). Per COPPA guidelines, we do not knowingly collect PII from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with PII through any point of contact we will delete the information about the child referenced from our files when you click here to contact us.
We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside of XYMAX However, perfect security does not exist on the Internet. Therefore, we cannot ensure or warrant the security of your information. You acknowledge and assume this risk when communicating with and providing information to XYMAX Your information may be stored and processed in the United States or any other country in which XYMAX sites or its affiliates, subsidiaries or agents maintain facilities, and by using a XYMAX site, you consent to any such transfer of information outside of your country.
XYMAX websites may contain links that direct you to websites owned and operated by other companies. XYMAX does not control, and assumes no responsibility for the content, privacy policies or practices of any thirdparty websites, which may employ cookies and/or collection personal information. In addition, XYMAX will not and cannot censor or edit the content of any third-party website that you visit.
By completing the registration form on one of the XYMAX website or web pages you consented to receiving marketing communications from us and our third-party marketing partners, if you decide that you do not want to receive these marketing communications you may opt-out of receiving them at any time by clicking here to unsubscribe.
CALIFORNIA PRIVACY RIGHTS
LIMITATION OF LIABILITY
XYMAX is not responsible for any affiliates, marketing strategies, or any advertisements that may contain false or misleading information or statements.
XYMAX | 1-800-694-7594