Rexly, Inc. ("Rexly") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.rexly.com, ("Site") and Services (as defined in the Terms of Use). Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use located at www.rexly.com/privacy.
1. USER CONSENT. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Privacy Policy.
2. A NOTE ABOUT CHILDREN. We do not intentionally gather Personal Data about visitors who are under the age of 13.
3. A NOTE TO USERS OUTSIDE OF THE UNITED STATES. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
4. TYPES OF DATA WE COLLECT. "Personal Data" means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
(a) Information You Provide to Us.
•We retain information on your behalf, such as messages that you store on the Services.
•If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
•If you participate in one of our surveys, we may collect additional Personal Data.
•We may also collect Personal Data at other points in our Site or Services that state that Personal Data is being collected.
•Any Personal Data that you share publicly (as described in Section 5) will be stored on our servers.
(b) Information Collected via Technology.
•The Licensed Software periodically scans your iTunes libraries on your computer to find out the songs, movies, videos, books, and other media files you have, listen to, or view (collectively, "Library Items") and shares this information with the Services. You expressly consent to such scanning and sharing as described above.
•To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
•We also use Cookies, Flash Cookies, and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions. A "Flash cookie" is a small data file placed on your hard drive when you visit certain websites that use Adobe Flash. To adjust Flash cookie settings, access your Flash management tools from Adobe's web site http://www.adobe.com/ directly. If you choose to disable Cookies or Flash cookies, some areas or features of our Site or Services may not work properly. Our advertisers and partners may also use their own cookies. We do not control use of these cookies used by advertisers and partners and expressly disclaim responsibility for information collected through them.
•We use software tools such as Flash or JavaScript to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages
•We may use clear gifs (otherwise known as web bugs or web beacons) to gather information about your visit to the Site, such as what you click on and pages and information you viewed. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a user's hard drive, clear gifs are embedded invisibly on web pages. Additionally, be aware that advertisers and partners may also use their own clear gifs and we do not control use of these by advertisers and partners and expressly disclaim responsibility for information collected through them.
(c) Information Collected from You About Others. If you decide to invite a third party to register for the Services, we will collect your and the third party's names and e-mail addresses in order to send an e-mail and follow up with the third party. We may offer the ability to automatically collect third party names and e-mail address from your address books or contact lists on third party services, such Gmail, Facebook, or Twitter. You or the third party may contact us at privacy@rexly.com to request the removal of this information from our database.
(d) Information Collected from Social Networking Sites. We may receive Personal and/or Anonymous Data about you from social networking sites (such as Facebook and Twitter) that you use in connection with the Services ("Social Networking Sites"), in accordance with the terms of use and privacy policy of each third party provider of a Social Networking Site. For example, Facebook may share your friend list with us, in order to help us find other Service users that you know. Facebook also shares your email address and profile photo with us. We may add this information to the information we have already collected from you via the Service. You expressly consent to our using your profile photo from a Social Networking Site as your profile photo on the Services.
(e) Ad Networks. We use third-party advertising companies to serve ads when you visit our Site. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, go to www.networkadvertising.org/managing/opt_out.asp.
5. Publicly Shared Data. Any information that you include in your public profile will be viewable by other users. When you post messages to the Services, the information contained in your posting will be stored on our servers and other users will be able to see it. Library Items will be viewable by other users; provided that you will be able to control through your Services privacy settings which type of user can view your Library Items. Any of your publicly shared information, content, or activity, such as messages you post through the Services to a Social Networking Site, might be viewable by users of Social Networking Sites, depending on your Services privacy settings. We are not responsible for the Personal Data you choose to post in your public profile, post in messages, send to other users, or otherwise publicly share.
6. USE OF YOUR DATA
(a) General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
•to secure your Account on our network;
•identify you as a user in our system;
•provide improved administration of our Site and Services;
•improve the quality of experience when you interact with our Site and Services;
•provide you the Services you request;
•send you a welcome e-mail to verify ownership of the e-mail address provided when you register with the Services;
•send you administrative e-mail notifications, such as security or support and maintenance advisories;
•respond to your inquiries related to employment opportunities or other requests; and
•to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Rexly.
(b) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Rexly reserves the right to use Anonymous data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
7. DISCLOSURE OF YOUR PERSONAL DATA. Except as otherwise stated in this Privacy Policy, we do not sell, trade, share, or rent the Personal Data collected from our Site or Services to third parties.
(a) Affiliates and Acquisitions. Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, "Affiliates"), we may in the future. We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy. In the event of an acquisition, we may share your Personal Data with any companies that acquire our company or our assets. That company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
(b) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Rexly may disclose Personal Data in connection with any legal investigation and/or if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Rexly; (b) protect or defend the rights or property of Rexly or users of the Site or Services; or (c) to investigate any violation or potential violation of the law, this Privacy Policy, or the Terms of Use. You expressly consent to the sharing of your Personal Data as described above.
(c) Third Party Service Providers. We may share your Personal Data with third party service providers to provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Rexly. These third party service providers are required not to use your Personal Data other than to provide the services requested by Rexly. You expressly consent to the sharing of your Personal Data with our service providers as described above.
8. Third Party Websites. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.
9. YOUR CHOICES REGARDING YOUR PERSONAL DATA
(a) Choices. We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or our Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communication, including notices of any updates to our Terms of Use or Privacy Policy.
(b) Changes to Personal Data. You may change any of your Personal Data in your Services profile by editing your profile on the Site or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
10. SECURITY OF YOUR PERSONAL DATA. We have commercially reasonable security measures in place to help protect against loss, misuse and alteration of your Personal Data in our possession. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Rexly uses reasonable efforts to protect your Personal Data, Rexly cannot guarantee its absolute security.
11. CONTACT INFORMATION. Rexly welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at privacy@rexly.com or contact us at the following address or phone number:
Rexly, Inc.Attn: Joel Resnicow
120 2nd St, Suite 301
San Francisco, CA 94123
917.267.8487
12. CHANGES TO THIS PRIVACY POLICY. This Privacy Policy is subject to occasional revision, and if we make any material changes to this Privacy Policy, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your profile with us. Continued use of our Service or Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Last revised on: 2/8/2011
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