This Policy applies as between you, the User of this Web Site
and Xcellimark, LLC the owner and provider of this Web Site. This Policy applies to our use of any and
all Data collected by us in relation to your use of the Web Site and any Services or Systems
1. Definitions and Interpretation
In this Policy the following terms shall have the following
Account: means collectively the personal
information, Payment Information and credentials used by Users to access Material and / or any
communications System on the Web Site;
Content: means any text, graphics, images,
audio, video, software, data compilations and any other form of information capable of being stored in a
computer that appears on or forms part of this Web Site;
Cookie: means a small text file placed on
your computer by Xcellimark, LLC when you visit certain parts of this Web Site. This allows us to
identify recurring visitors and to analyse their browsing habits within the Web Site.
Data: means collectively all information
that you submit to the Web Site. This includes, but is not limited to, Account details and information
submitted using any of our Services or Systems;
Xcellimark: means Xcellimark LLC, 121 S. Orange Ave. Suite 1503, Orlando, FL 32801;
Service: means collectively any online
facilities, tools, services or information that Xcelimark makes available through the Web Site either
now or in the future;
System: means any online communications
infrastructure that Xcellimark makes available through the Web Site either now or in the future. This
includes, but is not limited to, web-based email, message boards, live chat facilities and email
User / Users: means any third party that
accesses the Web Site and is not employed by Xcellimark and acting in the course of their employment;
Website: means the website that you are
currently using (training.xcellimark.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Data Collected
Without limitation, any of the following Data may be
- 2.1 name;
- 2.2 date of birth;
- 2.3 job title & profession;
- 2.4 contact information such as email addresses
and telephone numbers;
- 2.5 demographic information such as post code,
preferences and interests;
- 2.6 financial information such as credit / debit
- 2.7 IP address (automatically collected);
- 2.8 web browser type and version (automatically
- 2.9 operating system (automatically collected);
- 2.10 a list of URLS starting with a referring
site, your activity on this Web Site, and the site you exit to (automatically collected); and
- 2.11 Cookie information (see Clause 10 below).
3. Our Use of Data
- 3.1 Any personal Data you submit will be retained
by Xcellimark for as long as you use the Services and Systems provided on the Web Site. Data that
you may submit through any communications System that we may provide may be retained for a longer
period of up to one year.
- 3.2 Unless we are obliged or permitted by law to
do so, and subject to Clause 4, your Data will not be disclosed to third parties. This includes our
affiliates and / or other companies within our group.
- 3.3 All personal Data is stored securely in
accordance with the principles of the Data Protection Act 1998. For more details on security, see
Clause 9 below.
- 3.4 Any or all of the above Data may be required
by us from time to time in order to provide you with the best possible service and experience when
using our Web Site. Specifically, Data may be used by us for the following reasons:
3.4.1 internal record keeping;
3.4.2 improvement of our products / services;
3.4.3 transmission by email of promotional materials that may be of interest to you;
3.4.4 contact for market research purposes which may be done using email, telephone, fax
or mail. Such information may be used to customise or update the Web Site.
4. Third Party Web Sites and Services
Xcellimark may, from time to time, employ the services of
other parties for dealing with matters that may include, but are not limited to, payment handling,
delivery of purchased items, search engine facilities, advertising and marketing. The providers of such
services do not have access to certain personal Data provided by Users of this Web Site. Any Data used
by such parties is used only to the extent required by them to perform the services that Xcellimark
requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by
third parties must be processed within the terms of this Policy and in accordance with the Data
Protection Act 1998.
5. Changes of Business Ownership and Control
- 5.1 Xcellimark may, from time to time, expand or
reduce its business and this may involve the sale of certain divisions or the transfer of control of
certain divisions to other parties. Data provided by Users will, where it is relevant to any
division so transferred, be transferred along with that division and the new owner or newly
controlling party will, under the terms of this Policy, be permitted to use the Data for the
purposes for which it was supplied by you.
- 5.2 In the event that any Data submitted by Users
will be transferred in such a manner, you will be contacted in advance and informed of the changes.
When contacted you will be given the choice to have your Data deleted or withheld from the new owner
6. Controlling Access to your Data
- 6.1 Wherever you are required to submit Data, you
will be given options to restrict our use of that Data. This may include the following:
6.1.1 use of Data for direct marketing purposes; and
6.1.2 sharing Data with third parties.
7. Your Right to Withhold Information
- 7.1 You may access certain areas of the Web Site
without providing any Data at all. However, to use all Services and Systems available on the Web
Site you may be required to submit Account information or other Data.
- 7.2 You may restrict your internet browser’s use
of Cookies. For more information see Clause 10 below.
8. Accessing your own Data
- 8.1 You may access your Account at any time to
view or amend the Data. You may need to modify or update your Data if your circumstances change.
Additional Data as to your marketing preferences may also be stored and you may change this at any
- 8.2 You have the right to ask for a copy of your
personal Data on payment of a small fee.
Data security is of great importance to Xcellimark and to
protect your Data we have put in place suitable physical, electronic and managerial procedures to
safeguard and secure Data collected online.
10. Changes to this Policy
we may deem necessary from time to time or as may be required by law. Any changes will be immediately
posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of
the Web Site following the alterations.
11. Contacting Us
may contact us at firstname.lastname@example.org