PRIVACY POLICY
Scope
This Privacy Policy describes
how we handle your personal information for our services on the XS-Machinery Web
sites. It applies generally to the XS-Machinery.com Web site and content and other
related Web sites where this policy appears in the footer of the page. Some XS-Machinery-branded
Web sites or Web sites we operate may be governed by separate privacy policies.
The policy that applies on any of our domains or subdomains is always the policy
that appears in the footer of each Web site.
Our subsidiaries’ and
joint ventures’ privacy practices are similar to those described in this Privacy
Policy. Subject to the requirements of applicable law, we strive to provide a consistent
set of privacy practices throughout the global XS-Machinery trading community. By
accepting the Privacy Policy and the User Agreement in registration, you expressly
consent to our collection, storage, use and disclosure of your personal information
as described in this Privacy Policy. This Privacy Policy is effective upon acceptance
for new users and is otherwise effective on October 21, 2008.
Collection
You can browse our sites
without telling us who you are or revealing any personal information about yourself.
Once you give us your personal information, you are not anonymous to us. If you
choose to provide us with personal information, you consent to the transfer and
storage of that information on our servers located in the
United States
.
We may collect and store
the following personal information:
- email address, physical contact
information, and (depending on the service used) sometimes financial information,
such as credit card or bank account numbers;
- transactional information based
on your activities on the sites (such as bidding, buying, selling, item and content
you generate or that relates to your account);
- shipping, billing and other
information you provide to purchase or ship an item;
- community discussions, chats,
dispute resolution, correspondence through our sites, and correspondence sent to
us;
- other information from your
interaction with our sites, services, content and advertising, including computer
and connection information, statistics on page views, traffic to and from the sites,
ad data, IP address and standard web log information;
- additional information we ask
you to submit to authenticate yourself or if we believe you are violating site policies
(for example, we may ask you to send us an ID or bill to verify your address, or
to answer additional questions online to help verify your identity or ownership
of an item you list);
- information from other companies,
such as demographic and navigation data; and
- other supplemental information
from third parties (for example, if you incur a debt to XS-Machinery, we will generally
conduct a credit check by obtaining additional information about you from a credit
bureau, as permitted by law).
Marketing
We don't sell or rent
your personal information to third parties for their marketing purposes without
your express consent. We may combine your information with information we collect
from other
companies and use it to improve and personalize our services, content
and advertising.
Use
Our primary purpose in
collecting personal information is to provide you with a safe, smooth, efficient,
and customized experience. You agree that we may use your personal information to:
- provide the services and customer
support you request;
- resolve disputes, collect fees,
and troubleshoot problems;
- prevent potentially prohibited
or illegal activities, and enforce our User Agreement;
- customize, measure and improve
our services, content and advertising;
- tell you about our services
and those of our corporate family, targeted marketing, service updates, and promotional
offers based on your communication preferences; and
- compare information for accuracy,
and verify it with third parties.
Our Disclosure of Your Information
We may disclose personal
information to respond to legal requirements, enforce our policies, respond to claims
that a listing or other content violates the rights of others, or protect anyone's
rights, property, or safety. Such information will be disclosed in accordance with
applicable laws and regulations.
We may also share your
personal information with:
-
Members of
the XS-Machinery corporate family—like EX-FACTORY Inc., EX-FACTORY Auctions, FACTORYNEW,
and NCL —to provide joint content and services (like registration, transactions
and customer support), to help detect and prevent potentially illegal acts and violations
of our policies, and to guide decisions about their products, services and communications.
Members of our corporate family will use this information to send you marketing
communications only if you’ve requested their services.
- Service providers under contract
who help with our business operations (such as fraud investigations, bill collection,
affiliate and rewards programs and co-branded credit cards).
- Other third parties to whom
you explicitly ask us to send your information (or about whom you are otherwise
explicitly notified and consent to when using a specific service).
- Law enforcement or other governmental
officials, in response to a verified request relating to a criminal investigation
or alleged illegal activity. In such events, we will disclose information relevant
to the investigation, such as name, city, state, zip code, telephone number, email
address, User ID history, IP address, fraud complaints, and bidding and listing
history.
- Other business entities, should
we plan to merge with or be acquired by that business entity. (Should such a combination
occur, we will require that the new combined entity follow this privacy policy with
respect to your personal information. If your personal information will be used
contrary to this policy, you will receive prior notice.)
Without limiting the
above, in an effort to respect your privacy and our ability to keep the community
free from bad actors, we will not otherwise disclose your personal information to
law enforcement, other government officials, or other third parties without a subpoena,
court order or substantially similar legal procedure, except when we believe in
good faith that the disclosure of information is necessary to prevent imminent physical
harm or financial loss or to report suspected illegal activity.
Information You Share on XS-Machinery
Your User ID is displayed
throughout XS-Machinery (and so available to the public), and is connected to all
of your XS-Machinery activity. Other people can see your bids, purchases, items
for sale, storefronts, feedback, ratings and associated comments. Notices sent to
other community members about suspicious activity and policy violations on our sites
refer to User IDs and specific items. So if you associate your name with your User
ID, the people to whom you have revealed your name will be able to personally identify
your XS-Machinery activities.
If you access our sites
from a shared computer or a computer in an internet café, certain information about
you, such as your User ID, activity or reminders from XS-Machinery, may also be
visible to other individuals who use the computer after you.
Using Information from XS-Machinery
XS-Machinery enables you to share
personal and financial information to complete transactions. We encourage you to
disclose your privacy practices and respect the privacy of other users. We cannot
guarantee the privacy or security of your information and therefore we encourage
you to evaluate the privacy and security policies of your trading partner before
entering into a transaction and choosing to share your information. To help protect
your privacy, we allow only limited access to other users' contact, shipping and
financial information to facilitate your transactions.
When users are involved in
a transaction, they may have access
to each other's name, User ID, email address and other contact and shipping information.
In all cases, you must give other users a chance to remove themselves from your
database and a chance to review what information you have collected about them.
You agree to use user
information only for:
- XS-Machinery transaction-related
purposes that are not unsolicited commercial messages;
- using services offered through
XS-Machinery (e.g. escrow, insurance, shipping and fraud complaints), or
- other purposes that a user
expressly chooses.
Cookies
We use "cookies" (small
files placed on your hard drive) on certain of our pages to help analyze our web
page flow; customize our services, content and advertising; measure promotional
effectiveness, and promote trust and safety.
A few important things
you should know about cookies are that:
- We offer certain features that
are available only through the use of cookies.
- We use cookies to help identify
you and maintain your signed-in status.
- Most cookies are "session cookies,"
meaning that they are automatically deleted from your hard drive at the end of a
session.
- You are always free to decline our cookies if your browser permits, although doing so may interfere with your use
of some of our sites or services.
- You may encounter cookies from
third parties on certain pages of the sites that we do not control. (For example,
if you view a web page created by another user, there may be a cookie placed by
that web page.)
No Spam, Spyware or Spoofing
We and our users do not tolerate spam.
Make sure to set your XS-Machinery notification preferences so we communicate to
you as you prefer. You are not licensed to add other XS-Machinery users, even a
user who has purchased an item from you, to your mailing list (email or physical
mail) without their express consent. To report XS-Machinery-related spam or spoof
emails to XS-Machinery, please forward the email to
spam@XS-Machinery.com or
spoof@XS-Machinery.com. You may not use our communication
tools to send spam or otherwise send content that would violate our User Agreement.
We automatically scan and may manually filter messages to check for spam, viruses,
phishing attacks and other malicious activity or illegal or prohibited content,
but we do not permanently store messages sent through these tools. If you send an
email to an email address that is not registered in our community (via Refer-a-Friend
or other tools), we do not permanently store that email or use that email address
for any marketing purpose. We do not rent or sell these email addresses.
Account Protection
Your password is the
key to your account. Use unique numbers, letters and special characters, and do
not disclose your XS-Machinery password to anyone. If you do share your password
or your personal information with others, remember that you are responsible for
all actions taken in the name of your account. If you lose control of your password,
you may lose substantial control over your personal information and may be subject
to legally binding actions taken on your behalf. Therefore, if your password has
been compromised for any reason, you should immediately notify XS-Machinery and
change your password.
Accessing, Reviewing, and Changing Your Personal Information
You can see, review and change most
of your personal information by signing on to XS-Machinery. Generally, we will not
manually modify your personal information because it is very difficult to verify
your identity remotely. You must promptly update your personal information if it
changes or is inaccurate. Once you make a public posting, you may not be able to
change or remove it. Upon your request, we will close your account and remove your
personal information from view as soon as reasonably possible, based on your account
activity and in accordance with applicable law. We do retain personal information
from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve
disputes, troubleshoot problems, assist with any investigations, enforce our
XS-Machinery User
Agreement,
and take other actions otherwise permitted by law.
Security
Your information is stored
on our servers located in the
United States. We treat data as an asset that must be protected and use lots of tools (encryption,
passwords, physical security, etc.) to protect your personal information against
unauthorized access and disclosure. However, as you probably know, third parties
may unlawfully intercept or access transmissions or private communications, and
other users may abuse or misuse your personal information that they collect from
the site. Therefore, although we work very hard to protect your privacy, we do not
promise, and you should not expect, that your personal information or private communications
will always remain private.
Third Parties
Except as otherwise expressly
included in this Privacy Policy, this document addresses only the use and disclosure
of information we collect from you. If you disclose your information to others,
whether they are bidders, buyers or sellers on our sites or other sites throughout
the internet, different rules may apply to their use or disclosure of the information
you disclose to them. XS-Machinery does not control the privacy policies of third
parties, and you are subject to the privacy policies of those third parties where
applicable. We encourage you to ask questions before you disclose your personal
information to others.
General
We may amend this Privacy Policy at
any time by posting the amended terms on this site. All amended terms automatically
take effect 30 days after they are initially posted on the site. In addition, we
will notify you through the XS-Machinery Message Center. If your questions are not answered online, you may write to us at: XS-Machinery
Inc. Attn: Legal - Global Privacy Practices, 1805 Sardis Rd. North, Charlotte, NC
28270 or using the
Contact
Us form.
