EXALENZ BIOSCIENCE LTD. PRIVACY STATEMENT
Effective on: November 1st, 2009
THIS DOCUMENT SETS FORTH THE PRIVACY STATEMENT (“PRIVACY STATEMENT”) FOR EXALENZ BIOSCIENCE LTD. (COLLECTIVELY, “EXALENZ”,
“WE”, “US” OR “OUR”) WEBSITES ACCESSIBLE THROUGH WWW.EXALENZ.COM, WWW.BREATHID.COM, AND
INDIVIDUAL PRIVACY AND IS COMMITTED TO THE PRIVACY OF SITE USERS. THIS PRIVACY STATEMENT GOVERNS THE MANNER IN WHICH
EXALENZ COLLECTS, USES, MAINTAINS, DISCLOSES AND SECURES INFORMATION COLLECTED FROM USERS OF THE SITE, AS WELL AS HOW
USERS MAY CORRECT INACCURACIES WITH THEIR PERSONAL INFORMATION COLLECTED THROUGH THE SITE. BY USING OR ACCESSING THE
SITE OR BY PROVIDING INFORMATION THROUGH THE SITE, YOU AGREE TO BE BOUND BY THIS PRIVACY STATEMENT. IF YOU DO NOT AGREE TO
THIS PRIVACY STATEMENT, DO NOT USE THE SITE IN ANY MANNER. THIS PRIVACY STATEMENT DOES NOT GOVERN PRIVACY PRACTICES
ASSOCIATED WITH OFFLINE ACTIVITIES OR ACTIVITIES OCCURRING ON WEBSITES OTHER THAN THE SITE.
INFORMATION COLLECTION AND USE
Personally Identifiable Information
During your interactions with the Site, such as when you register with the Site, Exalenz may collect personally identifiable information, such as your name, account number, date of birth, personal and professional address, email address, and telephone number. We use this information to validate our users, grant access to our services, and provide targeted marketing material, service update notices, and promotional offers based on user preferences. If we need to contact you regarding the Site, our services, your account or your use of the Site, this information may be used to contact you. If you send us e-mail, we will retain the content of the e-mail, your e-mail address, and any applicable response in order to handle any follow-up questions you may have (we may also use this information to measure how effectively we address your concerns).
Protected Health Information and HIPAA
To the extent the Site displays or collects Protected Health Information (“PHI”) as defined for the purposes of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the PHI is subject to the applicable provisions of HIPAA. In the event Exalenz displays or collects PHI, please refer to the Exalenz Notice of Privacy Practices accessible through a link on the Exalenz home page.
Non-Personally Identifiable Information
To help us enhance and optimize users’ overall Site experience, we may also collect non-personally identifiable information during your visit. Examples of non-personally-identifiable information may include your Internet access provider, your computer’s Internet protocol (IP) address, information regarding your user profile, your browser and operating system, the date and time of your visit, the pages you visit, the address of any Site you linked from, and aggregate, statistical data such as usage, traffic patterns and user demographics based on your use of the Site. Exalenz collects non-personally-identifiable information in order to, among other things, provide you with or assist in the provision of information through the Site, to maintain the performance of the Site, and to make the Site more useful. This data is not associated with any of your personal information.
ELECTRONICALLY PRODUCED DATA
An IP address is a number that is assigned to your computer when you use the Internet. Like most standard website servers, Exalenz may collect IP addressesand other technical information about your machine through your web browser such as your operating system, browser type and referring URL for the purposesof, among other things, system administration and to ensure the validity of user requests.
Like most standard website servers we may use log files. These files include Site usage data such as Internet protocol (IP) addresses, browser type and Internet service provider (ISP) and access time. Exalenz would only use log files to track errors in the system. Log file information is not tied to a user’s personally identifiable information.
Clear Gifs (Web Beacons/Web Bugs)
Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. Exalenz may use clear gifs in the provision of its service offering.
Third Party Advertising
Exalenz does not display or solicit any third party advertising on the Site.
Exalenz takes extensive precautions to protect our users’ information, both online and offline.
If you submit sensitive personal information through this Site such as a date of birth, we have implemented what we believe to be robust encryption in order to help us keep your information secure and accurate.
Exalenz maintains physical, electronic and procedural safeguards to protect the confidentiality and security of any personally identifiable information that you disclose to Exalenz. Exalenz utilizes what Exalenz believes to be industry best security measures to protect the loss, misuse and alteration of personally identifiable information under Exalenz’ control, and Exalenz limits access to your personally identifiable information within Exalenz to those employees who need to know the personally identifiable information to provide information, services and/or products to you. However, due to the nature of the Internet, computer networks, systems and other factors, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Exalenz to intercept or access transmissions or private communications unlawfully, regardless of Exalenz’ best intentions. As such, Exalenz cannot ensure or warrant the security of any information you transmit to Exalenz, including without limitation personally identifiable information.
External Links or References
While no part of the Site is targeted toward children, we are committed to comply with any applicable laws and/or requirements, such as the United States Children’s Online Privacy Protection Act.
COMMUNICATIONS FROM EXALENZ
We send all new members a welcome email. We will from time to time send email notification, mail or call you to provide you with information concerning updates or enhancements to our service.
We communicate with users on a regular basis to provide requested services, and in regard to issues relating to their account we reply via email or phone in accordance with the user’s wishes.
We will send you service-related announcements on those occasions when we deem it necessary to do so, such as if our service is temporarily suspended for maintenance. Generally, you may not opt-out of these service-related communications. If you do not wish to receive them, you have the option to deactivate your account.
DISCLOSURE OF INFORMATION
Disclosure to Agents of Exalenz
From time to time, Exalenz may share the information you provide to Exalenz, including personally identifiable information, with outside contractors, auditors, consultants, or others hired by Exalenz to assist in providing financial or operational activities on Exalenz’ behalf including technical and processing services and analysis of website performance. Exalenz informs these parties about safeguarding personally identifiable information, and requires them to use such personally identifiable information only for an authorized purpose on behalf of Exalenz and consistent with this Privacy Statement.
Third Party Intermediaries
We use a third party entity to manage the Site. This entity is bound by a confidentiality agreement and does not retain, share, store or use personally identifiableinformation for any secondary purposes.
We may share any information collected on this Site with our own internal operating units, affiliates and subsidiaries.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law or where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.
Aggregate Information (non-personally identifiable)
We do not share aggregated demographic information with our partners and advertisers.
In the event Exalenz goes through a business transition, such as a merger, being acquired by another company, bankruptcy, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Site. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection, users will be given choice consistent with our notification of changes section.
VERIFYING AND UPDATING INFORMATION
We use outside sources to verify a user’s accounting credentials to validate that users access to our system.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done by emailing us at email@example.com
CHANGES TO THIS PRIVACY STATEMENT
Our Privacy Statement is intended to provide you with a safe and secure experience. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Privacy Statement at any time without prior notice at our sole discretion. If we decide to change our Privacy Statement, we will post those changes to this Privacy Statement, on the Site and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Statement under which the information was collected. All Privacy Statement changes are effective immediately upon posting. Consequently, you are advised to visit and review this Privacy Statement frequently for changes. The last date on which this Privacy Statement has been updated is noted above.
Regarding Use of Personally Identifiable Information
If we wish to use personally identifiable user information in a manner different from that stated in our Privacy Statement at the time of collection, we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if a user has opted out of all communication with the Site through deactivating the user’s account, then the user will not be contacted, nor will the user’s personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on the Site notifying users of the change. In some cases where we post a notice we will also email users notifying them of the changes in our privacy practices.
Consent to Receive Notices Via the Site
By using the Site, you are agreeing that Exalenz may deliver all privacy and opt out notices to you in the manners described in this Section (Changes to This Privacy Statement).
Questions or comments regarding this Privacy Statement, including questions regarding data collection and Site security, are welcome and should be directed to the Exalenz Site coordinator using the following contact information:
Postal Address: Exalenz Bioscience Inc.
1313 N. Market St. Suite 5100
Wilmington, DE 19801
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE OVER PRIVACY IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS PRIVACY STATEMENT