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Date Last Modified:
December 15, 2007.
XIMMY, Inc. ("XIMMY") recognizes that its visitors, members,
users, and others who use the Website at www.XIMMY.com (the "XIMMY
Website"), (collectively or individually you, your, "Users")
value their privacy. This Privacy Notice provides important information
about the use and disclosure of User information collected on the XIMMY
Website. XIMMY provides this Privacy Notice to help you understand what
information XIMMY collects and how that information will be used.
This Privacy Notice is incorporated into and is subject to the XIMMY Terms
of Use. Your use of the XIMMY Website and any personal information you
provide on the XIMMY Website remains subject to the terms of this Privacy
Notice and our Terms of Use.
By participating, using or viewing the XIMMY Website or any content thereof,
you are accepting the practices described in our Privacy Policy. If you
do not agree to any of these terms, then please do not use the XIMMY Website
or its Content. We reserve the right to modify or amend the terms of our
Privacy Policy at any time without prior notice. Your continued use of
the XIMMY Website following the posting of changes to these terms means
that you accept those changes.
If you have any questions or comments about the XIMMY privacy policy,
please contact us.
The Information Collected by XIMMY
Information Provided by You: You provide personally identifiable information
(such as your name and email address) to XIMMY when you become a member
of the XIMMY community and other information by choosing to participate
in various activities on the XIMMY Website (such as creating polls, posting
comments or messages, participating in discussions, etc.).
Cookies: Use of "Cookies" is standard in the Internet
industry. Cookies are small text files containing a string of alphanumeric
characters that are sent to your computer and uniquely identifies your
browser. Cookies make web surfing easier by saving passwords, and preferences
while you're at a website. When you visit the XIMMY Website, we may send
one or more cookies to your computer. Some cookies are temporary and will
disappear after you close your browser, but others will stay on your computer.
If you wish to remove cookies from your hard drive, follow your web browser's
help file directions. You can also reset your web browser to refuse all
cookies or to indicate when a cookie is being sent. However, some features
of the XIMMY Website may not function properly if the ability to accept
cookies is disabled.
Traffic Data: When you use the XIMMY Website, our servers automatically
log certain information that your web browser sends whenever you visit
any website. This information may include information such as your Internet
Protocol ("IP") address, browser type, browser language, referring/exit
pages and URLs, platform type, number of clicks, domain names, landing
pages, pages viewed and the order of those pages, the amount of time spent
on particular pages, the date and time of your request, and one or more
cookies that may uniquely identify your browser.
Tracking Usage Patterns: XIMMY tracks usage patterns and collects
other non-personally-identifiable information about use of the XIMMY Website.
We may employ various tracking technology including "clear GIFs"
(a.k.a. Web Beacons) which are used to track the online usage patterns
of our Users (in a way that does not collect or disclose personally-identifiable
information), and clear GIFs in HTML-based emails sent to you to track
which emails are opened by recipients.
The Way XIMMY Uses Information
Personally identifiable information that you submit to us through the
XIMMY Website, will be used by XIMMY to provide to you the features and
functionality of the XIMMY Website and to operate and maintain the XIMMY
Website.
Any personal information, text or other content that you voluntarily provide
in the course of your use of the XIMMY website, including but not limited
to, information in your Member Profile, by participating in polls, discussions,
comments and communities, is publicly available and can be collected and
used by others. Your User Name (but not your email address) is displayed
to other Users in connection with the polls you create and messages you
post in discussions. Any information that you post on the XIMMY Website
may be redistributed through the internet and may be viewed by the general
public.
We will not sell or
otherwise distribute your personally identifiable information to third
parties. However, XIMMY may use your email address or other personally
identifiable information to send commercial and marketing messages, and
market research related surveys and other offers to you. You have an opportunity
to opt-in or opt-out of any such programs by sending an e-mail to privacy@XIMMY.com
with the term "BLOCK" (in all caps) in the subject line. We
will also use your email address for non-marketing or administrative purposes
(such as notifying you of major XIMMY Website changes or for customer
service purposes).
We will also use both your personally identifiable information and certain
non-personally-identifiable information (such as usage data, server log
information, cookies, IP addresses, browser type, other technical data,
etc.) to improve the quality and design of the XIMMY Website and to create
new features, functionality, and services by storing, tracking, and analyzing
User preferences and trends.
We use cookies, "clear GIFs", and log file information to: (a)
to assist with your use of the Website by "remembering" information
so that you will not have to re-enter it during subsequent visits to the
XIMMY Website; (b) provide customized, personalized content and information
for you; (c) monitor the effectiveness of our marketing campaigns; (d)
monitor aggregate metrics (such as total number of visitors, pages viewed,
etc.); and (e) track your entries, submissions, and status in promotions,
sweepstakes, and contests.
When XIMMY Discloses Information
We will not share your personally identifiable information (such as name
or email address) with third-party companies for their commercial or marketing
use without your consent or except as part of a specific program or feature
for which you will have the ability to opt-in or opt-out.
We may share non-personally identifiable information (such as traffic
information and usage tracking information) with interested third parties
to assist them in understanding the usage patterns for certain content,
services, advertisements, promotions, and/or functionality on the XIMMY
Website.
We may provide personally identifiable information and non-personally-identifiable
information to our subsidiaries, affiliated companies, or other businesses
or persons in connection with the limited purpose of outsourcing of technical
functions. We require that these parties agree to process such information
in compliance with our privacy policy, and we use reasonable efforts to
limit their use of such information and to use other appropriate confidentiality
and security measures.
We reserve the right to release personally identifiable information and/or
non-personally identifiable information if required to do so by law, or
in the good-faith belief that such action is necessary to comply with
state and federal laws (such as U.S. Copyright Law) or respond to a court
order, subpoena, or search warrant.
XIMMY also reserves the right to disclose personally identifiable information
and/or non-personally identifiable information that XIMMY believes, in
good faith, is appropriate or necessary to enforce our Terms of Use, take
precautions to avoid liability, to investigate and defend itself against
any third-party claims or allegations, to assist government enforcement
agencies, to protect the security or integrity of our website, and to
protect the rights, property, or personal safety of XIMMY, our Users or
others.
Your Options
You may decline to submit personally identifiable information through
the XIMMY Website, but if you do, certain aspects of the XIMMY experience
will not be available to you. You may update or correct your personal
profile information and email preferences at any time by visiting the
Controls section on the My Dashboard page.
To protect your privacy and security, we take reasonable steps (such as
requesting a unique password) to verify your identity before granting
you access, or making corrections, to your profile. It is your responsible
to maintain the secrecy of your unique password and account information
at all times.
Third-party Advertisers, Links to Other Sites
XIMMY allows other companies, called third-party ad servers or ad networks,
to serve advertisements within the XIMMY Website. These third-party ad
servers or ad networks use technology to send, directly to your browser,
the advertisements and links that appear on the XIMMY Websites. They automatically
receive your IP address when this happens. They may also use other technologies
(such as cookies or other tracking technologies) to measure the effectiveness
of their advertisements and to personalize the advertising content you
see.
XIMMY does not provide any personally identifiable information to these
third-party ad servers or ad networks without your consent or except as
part of a specific program or feature for which you will have the ability
to opt-in or opt-out. However, please note that if you respond to any
advertisements, the advertiser or ad-server may collect certain information
about you.
You should consult the respective privacy policies of these third-party
ad servers or ad networks (see links below) for more information on their
practices and for instructions on how to opt-out of certain practices.
XIMMY's privacy policy does not apply to, and we cannot control the activities
of, such other advertisers or websites.
Data Security
XIMMY uses commercially reasonable safeguards (physical, managerial, and
technical) to preserve the integrity and security of your personal information.
However, we cannot ensure or warrant the security of any information you
transmit to XIMMY and you transmit any such information at your own risk.
Once we receive your transmission of information, XIMMY makes commercially
reasonable efforts to ensure the security of our systems. However, please
note that this is not a guarantee that such information may not be accessed,
disclosed, altered, or destroyed by breach of any of our physical, technical,
or managerial safeguards.
If XIMMY learns of a security systems breach, then we may attempt to notify
you electronically so that you can take appropriate protective steps.
Childrens' Privacy
Protecting the privacy of young children is especially important. For
that reason, XIMMY does not knowingly collect or maintain personally identifiable
information or non-personally identifiable information on the XIMMY Website
from persons under 13 years of age, and no part of our website is directed
to persons under 13. If you are under 13 years of age, then please do
not use or access the XIMMY Website at any time or in any manner. If XIMMY
learns that personally identifiable information of persons under 13 years
of age has been collected on the XIMMY Website without verified parental
consent, then XIMMY will take the appropriate steps to delete this information.
International Users
The XIMMY Website is hosted in the United States and is intended for and
directed to Users in the United States. If you are a User accessing the
XIMMY Website from the European Union, Asia, or any other region with
laws or regulations governing personal data collection, use, and disclosure,
that differ from United States laws, please be advised that through your
continued use of the XIMMY Website, which are governed by U.S. law, this
Privacy Notice, and our Terms of Use, you are transferring your personal
information to the United States and you consent to that transfer.
Changes to this Privacy Notice
This Privacy Notice may be revised from time to time and this will be
reflected by the "effective date" above. Please revisit this
page to stay aware of any changes. In general, we use your personal information
only in the manner described in the Privacy Notice in effect when we received
the personal information you provided. Your continued use of the XIMMY
Website constitutes your agreement to this Privacy Notice and any future
revisions.
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