This
privacy statement was last updated on 3rd January 2008. XLAutomation
has created this privacy statement in order to disclose our information
gathering and dissemination practices for this Web site,
www.xlautomation.com.au. Upon reading this privacy statement, you will
know: 1. What personally identifiable information of yours or third
party personally identifiable information is collected from you through
this Website. 2. The organization collecting the information. 3. How
the information is used. 4. With whom the information may be shared. 5.
What choices are available to you regarding collection, use and
distribution of the information. 6. The kind of security procedures
that are in place to protect the loss, misuse or alteration of
information under XLAutomation's control. 7. How you can access and
correct any inaccuracies in the information collected about you.
Questions regarding this statement should be directed to the
XLAutomation
site coordinator by emailing info@xlautomation.com.au.
XLAutomation
has a strong commitment to providing superior service to all of our
customers and visitors of this web site (the "Website"), and
particularly respecting your concerns about privacy. We understand that
you may have questions about how this Website collects and uses
information and we have prepared this statement to inform you of the
privacy principles that govern the Website (the "Privacy Policy"). We
will not sell or rent your personally identifiable information or a
list of our customers to third parties. However, as described in more
detail in Part C below, there are limited circumstances in which some
of your information will be shared with third parties, under strict
restrictions, so it is important for you to review this Privacy Policy.
This Privacy Policy contains numerous general and technical
details about the steps we take to respect your privacy concerns. We
have organized this Privacy Policy by major processes and areas so that
you can quickly link to the information of most interest to you. The
bottom line is that meeting your needs and expectations form the
foundation of everything we do - including protecting your privacy.
Personal
information on this Website is collected by XLAutomation and if after
reviewing this Privacy Policy you have any questions or privacy
concerns please send an e-mail to legal@xlautomation.com.au.
XLAutomation
wants you to be always aware of what personal information we collect,
how we use it and under what circumstances we disclose it. All personal
information, as further described in Part B, that we collect and
maintain will be subject to the version of the Privacy Policy in effect
at the time of such collection. XLAutomation reserves the right to
change
the Privacy Policy from time to time at its sole discretion. You will
be given the opportunity to opt-out if as the result of such changes,
you want to alter the ways in which XLAutomation is allowed to use your
personal information, you can do so by following the procedure
described in Section Creating and Updating Your Personal Account and
Preferences. You will be deemed to have been made aware of, and will be
subject to, the changes to the Privacy Policy by your continued use of
the Website after such notice has been posted for thirty (30) days with
the following exception: if at the time you provide personal
information to XLAutomation you limit how such information will be used
to communicate with you, either by XLAutomation or by third parties,
XLAutomation will not change your preference in this regard without
your
express consent except as otherwise specifically provided in this
Privacy Policy.
XLAutomation
does not control the information collection and distribution policies
on Internet domains other than those Internet domains that are under
the control of XLAutomation itself. When you are on the XLAutomation
Website, you may be directed to other sites that are beyond our
control. These other sites may independently collect data, solicit
personal information, or send their own cookies to you. XLAutomation is
not responsible for any use of the information, including click-stream
data, that you may create when using such third party sites.
This
is an Australian website and is subject to the laws of the Australia.
XLAutomation will disclose personally identifiable information without
your permission when required by law, or in good faith belief that such
action is necessary to investigate or protect against harmful
activities to XLAutomation guests, visitors, associates, or property
(including this site), or to others. As mentioned above, laws related
to personal identifiable information vary by country.
XLAutomation
may be required by law enforcement or judicial authorities to provide
personally identifiable information to appropriate governmental
authorities. If requested by law enforcement or judicial authorities,
we will provide this information upon receipt of the appropriate
documentation. XLAutomation may also provide information to law
enforcement to protect its property and the health and safety of
individuals as permitted by law.
This
Website does not collect personally identifiable information from your
computer when you browse the Website and request pages from our
servers. This means that, unless you voluntarily and knowingly provide
us with personally identifiable information, we will not know your
name, your e-mail address, or any other personally identifiable
information. When you request a page from our web site, our servers log
the information provided in the HTTP request header, JavaScript or
similar technical tools, including the IP number, the time of the
request, the URL of your request and other information. We collect such
information in order to make our Website function correctly and provide
you the functionality that you see on this Website, as our servers use
this information to deliver to you the pages on this Website. We also
use this information to better understand how visitors use our Website
and how we can better tune our Website, its contents and functionality
to meet your needs.
As
a visitor to this Website, you can engage in many activities without
providing any personal information as described above in Section
Browsing above. In connection with other activities, such as
subscribing to the services offered on the Website, utilizing online
software applications or purchasing any of the products and services
available on the Website, XLAutomation may ask you to voluntarily
supply
us with certain information about yourself by filling out and
submitting an online form. It is completely optional for you to engage
in these activities and/or make any purchases. If you elect to engage
in these activities or make purchases, however, XLAutomation may ask
that
you provide us personal information, defined as any information that
identifies or can be used to identify, contact, or locate the person to
whom such information pertains, including but not limited to your first
and last name, mailing address, e-mail address, employer, job title and
department, telephone and facsimile numbers, and other personal
information. This information is requested in conjunction with the
purchase and registration of our products or services. In addition, as
noted below, minimum information is requested if you choose to
subscribe to our newsletter service.
You never have to answer
any questions, and you can decline this exchange of information at any
time. However, if you should choose to withhold requested information,
we may not be able to provide you with some of the services dependent
upon the collection of this information. Depending upon the activity,
some of the information that we ask you to provide is identified as
mandatory and some as voluntary. If you do not provide the mandatory
data with respect to a particular activity or purchase, you will not be
able to engage in that activity or make such a purchase.
XLAutomation
is the sole owner of the information it gathers on its site.
XLAutomation
will only share your information with outside parties in ways that are
described in this privacy statement or if we are required to do so by
law or in the good-faith belief that such action is necessary in order
to conform to the provisions of the laws and regulations, cooperate
with law enforcement agencies, or comply with a legal process served on
our Web site.
When you use the Website, XLAutomation or third
parties authorized by XLAutomation may also collect certain technical
and
routing information about your computer to facilitate your use of the
Website and its services. When you surf the Internet, your Internet
browser (such as Netscape Navigator® or Microsoft Internet Explorer®)
automatically transmits some information to XLAutomation every time you
access content on one of our sites. Examples of such information
include the URL of the Web page you were just on (known as the
"Refer"), the IP (or Internet Protocol) address of the computer you are
using, or the browser version you are using to access our site. All of
this information may be collected by XLAutomation and used to help
improve our offerings to you. We use such data to facilitate and track
your use of the Website and its services. XLAutomation also uses such
environmental variables to measure traffic patterns on the Website.
Without expressly informing you in each particular circumstance, we do
not match such information with any of your personal information.
You
may be provided an opportunity on the XLAutomation Website to subscribe
to a periodic newsletter. This newsletter is a marketing tool that
allows the company to inform you of new products and services, as well
as other news relevant to the company. The subscription service
requires you to provide your first and last name as well as your email
address. Optionally, you are asked to provide the name of the company
you represent. You are given the opportunity to choose the type of
information we provide to you.
While the subscription list may
be maintained by a trusted third party affiliate, the list remains the
sole exclusive property of XLAutomation. Your name and email address is
not shared with any third party and will not be used to send you
unsolicited communications.
When you submit personal information
to XLAutomation through this Website, you understand and agree that
this
information may be transferred across national boundaries and may be
stored and processed in any of the countries in which XLAutomation and
its affiliates and subsidiaries maintain offices. You also acknowledge
that in certain countries or with respect to certain activities, the
collection, transferring, storage, and processing of your information
may be undertaken by trusted vendors of XLAutomation. Such vendors are
bound by contract not to use your personal information for their own
purposes or provide it to any third parties.
XLAutomation may
establish relationships with various service providers whose services
may become available to you from this Website or from websites that are
linked to this Website. Typically, these providers would offer services
that XLAutomation customers might find useful, such as those that can
be
used in conjunction with XLAutomation services and products. In order
to
use those services, you may be required to provide personal information
to the providers. Unless expressly provided to the contrary, personal
information that you provide while you are visiting a provider's Web
site will be subject to the privacy policy posted on such site, and
personal information that you provide while on this Website in
conjunction with a provider's service will be subject to this Privacy
Policy.
You
may correct your personal information and privacy preferences (such as
whether you wish to receive promotional communications from
XLAutomation
or third parties) by writing to XLAutomation at
info@xlautomation.com.au.
XLAutomation
operates secure data networks protected by industry standard firewall
and password protection systems. Our security and privacy policies are
periodically reviewed and enhanced as necessary, and only authorized
individuals have access to the information provided by our users.
XLAutomation
takes steps to ensure that your information is treated securely and in
accordance with our Terms of Service and this Privacy Policy.
Unfortunately, no data transmission over the Internet can be guaranteed
secure. As a result, while we strive to protect your personal
information, we cannot guarantee the security of any information you
transmit to us or from our online products or services, and you use
these services at your own risk.
We treat the information you
provide to us as confidential information; it is, accordingly, subject
to our company's security procedures and corporate policies regarding
protection and use of confidential information. After personally
identifiable information reaches XLAutomation it is stored on a server
with physical and electronic security features as customary in the
industry, including utilization of login/password procedures and
electronic firewalls designed to block unauthorized access from outside
of XLAutomation. Because laws applicable to personal information vary
by
country, our offices or other business operations may put in place
additional measures that vary depending on the applicable legal
requirements. Information collected on the sites covered by this
Privacy Policy is processed and stored in various countries where
XLAutomation and its service providers conduct business. All
XLAutomation
employees are aware of our privacy and security policies. Your
information is only accessible to those employees who need it in order
to perform their jobs.
XLAutomation
collects your information in order to record and support your
participation in the activities you select. We will use your e-mail
address to send a confirmation and, if necessary, might use the other
information to contact you for help to process the purchase or service
you have selected. If you subscribe to a service or register a product,
for example, the information is used to register your rights, if any,
to technical support or other benefits that may be made available to
registered users. Your personal information is also used to keep you
informed about product upgrades, patches, special offers, and other
products and services of XLAutomation and selected third parties if you
have so opted to receive such communications.
XLAutomation may
collect information about the use of the Website, such as the types of
services used and how many users we receive daily. This information is
collected in aggregate form, without identifying any user individually.
XLAutomation may use this aggregate, non-identifying statistical data
for
statistical analysis, marketing, or similar promotional purposes.
XLAutomation
recognizes and appreciates the importance of responsible use of
information collected on this Website. Without your consent,
XLAutomation
will not communicate any information to you regarding products,
services, and special offers available from XLAutomation or its
affiliates, although we may find it necessary to communicate with you
regarding your use of the services on this Website. Except in the
particular circumstances described in this Privacy Policy, XLAutomation
will also not provide your name to other companies or organizations
without your consent.
XLAutomation
does use the services of third parties, such as e-mail service
providers, purchase and order processing merchants and marketing
companies that act as independent contractors on behalf of
XLAutomation.
These parties are contractually prohibited from using personally
identifiable information for any purpose other than for the purpose
XLAutomation specifies. We do provide non-personally identifiable
information to certain service providers for their use on an aggregated
basis for the purpose of performing their contractual obligations to
us. We prohibit the sale or transfer of personal information to
entities outside of the XLAutomation’s affiliates for their use without
your approval.
XLAutomation may disclose your personally
identifiable information if we believe in good faith that we are
required to do so in order to comply with applicable law. XLAutomation
may also disclose personally identifiable information when we have
reason to believe that disclosing this information is necessary to
identify, contact or bring legal action against someone who may be
violating our Terms of Use or to protect the safety of our users and
the public or under confidentiality agreements with certain third
parties which assist us in developing, operating and maintaining
XLAutomation.
In the event that all or substantially all of
XLAutomation’s stock and/or assets (or the assets of a division or
subsidiary) are transferred or sold to another entity, or XLAutomation
(or a division or subsidiary) is acquired by, or merged with, another
entity, XLAutomation may transfer personally identifiable information
to
the acquiring entity and XLAutomation may provide to such entity
customer
information that is related to that part of our business that was sold
to or merged with the other entity without your consent. If, as a
result of such a business transition, your personally identifiable
information will be used in a materially different manner, you will be
given choice consistent with our policy regarding notification of
changes.
You
can always choose whether or not to disclose personally identifiable
information and that choice will not prevent you from using the
XLAutomation Website. Please note, however, if you should choose to
withhold requested information, we may not be able to provide you with
some of the services dependent upon the collection of this information.
You can choose at anytime to opt out of receiving emails from
XLAutomation or from having your personally identifiable information
shared with selected companies. If you want to opt out, you can do so
by editing your preferences with respect to email or the sharing of
information. If you elect to "opt out" we will not, as applicable,
share your personal information with third parties or send you emails.
However, we may continue to use your personal information for internal
purposes, to enhance your user experience or as necessary to administer
the site or comply with applicable law.
We reserve the right
to send a one-time registration confirmation email, and infrequent
Service Alert messages to users to inform them of specific changes that
may impact their ability to use a service they have previously signed
up for, regardless of email contact opt-in status. We also reserve the
right to contact you if compelled to do so as part of a legal
proceeding or if there has been a violation of our Terms of Use.
XLAutomation
is retaining these rights because in limited cases we feel that we may
need the right to contact you as a matter of law or regarding matters
which will be important to you. These rights do not allow us to contact
you to market a new or existing service if you have asked us not to do
so, and issuances of these types of communications are rare.
XLAutomation
takes and addresses its users' privacy concerns with utmost respect and
attention. If you believe that there was an instance of non-compliance
with this Online Privacy Policy with regard to your personal
information or you have other related inquiries or concerns, you may
write or contact XLAutomation at legal@xlautomation.com.au.
In
your message, please describe in as much detail as possible the nature
of your inquiry or the ways in which you believe that the XLAutomation
Online Privacy Policy has not been complied with. We will investigate
your inquiry or complaint promptly.
Please note that if you
provide XLAutomation with inconsistent privacy preferences (for
example,
by indicating on one occasion that third parties may contact you with
marketing offers and indicating on another occasion that they may not),
XLAutomation cannot guarantee that your most recent privacy preference
will be honored.