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Effective 01/01/2010:
Key Digital Media Ltd (“Xeher Online” or “we”) operates Xeher Online.com. This Privacy Policy describes Xeher Online’s use and sharing of personally identifiable information (“PII”-- your full name, email address, mailing address, telephone number, or credit card number) as well as data that can, under certain circumstances, indirectly lead to PII (“Related Data”) that Members voluntarily provide to Xeher Online when they register. The Term “User” refers to a Visitor or a Member. This Privacy Policy applies to the services offered by Xeher Online, including any Xeher Online branded URL (the “Xeher Online Website”), the Xeher Online instant messaging service, the Xeher Online application developer service and other features (for example, music and video embedded players), Xeher Online mobile services, and any other features, content, or applications offered from time to time by Xeher Online in connection with the Xeher Online Website (collectively, the “Xeher Online Services”).
The Xeher Online Services are hosted in the United States. If you are located outside the United States, you expressly agree that PII and Related Data will be transferred to the United States for the purposes set out in this Privacy Policy as a result of your using the Xeher Online Services.
The Xeher Online Website is a general audience site and does not knowingly collect PII or Related Data from children under 13 years of age.
From time to time Xeher Online may modify this Privacy Policy to reflect industry initiatives or changes in the law, our PII or Related Data collection and use practices, the features of the Xeher Online Services, or technology, and such modifications shall be effective upon posting by Xeher Online on the Xeher Online Website. Your continued use of the Xeher Online Services after Xeher Online posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If Xeher Online materially changes its practices regarding collection or use of your PII or Related Data, your PII and Related Data will continue to be governed by the Privacy Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.
COLLECTION AND SUBMISSION OF PII AND NON-PII ON XEHER ONLINE
General. Xeher Online collects your email address, first and last name, postal code, gender, and date of birth from you in order to register you as a Member (“Registration Data”). Xeher Online cannot register you as a Member without this information. All other information you provide during the Xeher Online registration or that you post on the Xeher Online website is voluntary. Xeher Online may also collect PII from you if you choose to participate in Xeher Online Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to Xeher Online for review.
In addition, Xeher Online collects other Related Data and non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the Xeher Online Services, track usage, and for security purposes.
Xeher Online Members may also choose to provide or store non-PII information and Related Data in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Member’s profile is provided at his or her sole discretion. Please be aware that your Profile Information, as well as any information posted to any public forum, can be accessed by the public. Profile Information located on private profiles can be accessed by Xeher Online at all times and, in limited cases, by certain third parties authorized by Xeher Online for purposes of ensuring compliance with Xeher Online’s Terms of Use.
Xeher Online Members can change their Registration Data and Profile Information at any time and can control how Visitors, other Members and Xeher Online communicate with them by controlling their account settings, available within the “Edit Profile” portion of their Xeher Online profile.
Xeher Online determines the purposes of collection, use and disclosure of the Registration Data you provide and, as such, is considered the data controller of this information. Because the Member, not Xeher Online, determines the purposes for which Profile Information is collected, used and disclosed, Xeher Online is not the data controller of Profile Information that Members provide on their profile.
Cookies. Cookies are small bits of information that Xeher Online places on your computer. Xeher Online uses cookies to identify your Internet browser, store Users’ preferences, and determine whether you have installed the enabling software needed to access certain material on the Xeher Online Services. Data in cookies may be read to authenticate user sessions or provide services.
Third party advertisements displayed on Xeher Online Services may also contain cookies set by Internet advertising companies or advertisers (known as “third party cookies”). Xeher Online does not control these third party cookies and Users of the Xeher Online Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the “Notice” section below for more information on customized advertising on Xeher Online. A pixel tag is a tiny image inserted in a webpage and used to record the number and types of views for that page. Xeher Online may allow third party pixel tags to be present on Xeher Online Services for purposes of advertising, providing services or data and statistics collection.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the Xeher Online Services.
NOTICE: XEHER ONLINE WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES
When you voluntarily provide PII to Xeher Online, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses Xeher Online will make of the information to the extent it is being used in a manner that differs from what is allowed pursuant to this Privacy Policy.
At the time you provide your PII, Xeher Online will notify you of your options regarding our use of your PII (See “Choice” below). Except as described in this Privacy Policy, Xeher Online will not share your PII with third parties (excluding those set out in this Privacy Policy) unless you have given Xeher Online permission to do so (See “Use” below).
Xeher Online Services may be linked to Internet sites operated by other companies. Xeher Online Services may also carry advertisements from other companies. Xeher Online may transfer Related Data such as IP addresses to certain advertising partners located in your country of residence or abroad. Xeher Online is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with the Xeher Online Services or for the privacy practices of third party Internet advertising companies. Once you leave Xeher Online Services via such a link, access a third party application (such as widgets) or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any PII they collect from you.
Xeher Online may use cookies and similar tools to customize the content and advertising you receive based on the Profile Information you have provided. Profile Information you provide in structured profile fields or questions (multiple choice questions like “Marital Status,” “Education” and “Children”) (“Structured Profile Information”), information you add to open-ended profile fields and questions (essay questions like “About Me,” “Interests” and “Movies”) (“Non-Structured Profile Information”) and other non-PII and Related Data about you may also be used to customize the online ads you encounter to those we believe are aligned with your interests. For example, based on your music interests we might display an advertisement to make sure you are advised when your favorite band is coming to town. The information used for this feature does not provide your PII or identify you as an individual to third parties, but will involve the processing of certain Related Data such as IP addresses.
Some of the advertisements that appear on Xeher Online Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII information and Related Data about your visit to or use of Xeher Online Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address.
Third party applications (such as widgets) created by third party developers may also be available on the Xeher Online Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, Xeher Online does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with Xeher Online. Xeher Online encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.
Xeher Online and certain copyright holders have signed an agreement pursuant to which copyright holders may utilize Xeher Online’s Rights Management Tools (collectively, the “Tool”) to automatically block the upload of audio and audiovisual content for which the copyright holder has supplied content identifiers in the required format. In addition, from time to time, Xeher Online may use the Tool to examine information (including Profile Information located on private profiles) to detect the presence of content that matches content for which copyright holders have supplied content identifiers. If the Tool blocks the upload of such content, and/or otherwise removes content already uploaded to the Xeher Online Website, the Member will receive a notice and may have an opportunity respond to the notice through a counter-notice. Copyright holders may have access to certain Related Data and Profile Information when they operate the Tool, but will not have access to any PII unless the Member expressly consents to providing PII to the copyright holder in the context of a counter-notice.
CHOICE: XEHER ONLINE WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII
Except as described in this Privacy Policy, Xeher Online will get your permission before we use the PII you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your PII with third parties that are not affiliated with Xeher Online.
USE: XEHER ONLINE'S USE OF PII
Xeher Online will only use the PII you provide under this Privacy Policy in a manner that is consistent with this Privacy Policy. If Xeher Online obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.
In order to locate other Xeher Online Members that you may already know in the physical world, Xeher Online allows Users to search for Members using Registration Data (i.e., full name or email address). Xeher Online also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked).
If you have consented to receive promotional materials (e.g., newsletters) or notifications from Xeher Online, Xeher Online may periodically use your email address to send you such materials related to the Xeher Online Services, as applicable. If you want to stop receiving such materials from Xeher Online, you can follow the unsubscribe instructions at the bottom of each email.
Xeher Online employees, agents and contractors must have a business reason to obtain access to your PII and Related Data. Xeher Online may share your PII and Related Data with those who help us manage or provide Xeher Online Services’ information activities (for example., message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide Xeher Online with a specific service and not for any other purpose.
Xeher Online may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. Xeher Online also may share your PII with Affiliated Companies if it has a business reason to do so.
As described in “Notice” above, Xeher Online may customize the advertising and marketing messages you receive on the Xeher Online Website, or may work with outside companies to do so. Your Related Data, non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. Xeher Online prohibits these companies from sharing your Related Data, non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with Xeher Online’s advertisers and business partners.
There may be instances when Xeher Online may access or disclose PII, Related Data, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of Xeher Online, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Xeher Online Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if Xeher Online sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Xeher Online may transfer your PII to the party or parties involved in the transaction as part of that transaction.
When a Member chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. Xeher Online is not responsible under any data protection laws for Member posted information.
SECURITY: XEHER ONLINE PROTECTS THE SECURITY OF PII
Xeher Online uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, Xeher Online uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PII AND HOW TO CONTACT XEHER ONLINE ABOUT PRIVACY CONCERNS
Whenever possible, Xeher Online Members may review the Registration Data we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration Data. Member preferences and Profile Information created on Xeher website can be reviewed and updated by logging into your account and accessing features such as “Edit Profile” and “Account Settings.”
If you ask Xeher Online to stop using your PII, Xeher Online will honor that request while retaining any record of your PII that is necessary to comply with applicable state or local law.
If you would like to communicate with us about this Privacy Policy or Xeher Online’s collection and use of your PII please contact Xeher Online at:
Email: privacy@XeherOnline.com
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