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Exinda Privacy Statement Regarding Customer and Online User Information

This privacy statement governs the Personal Information we collect from our customers and online from our website users ("you"), through Exinda products, services, software, websites, contacts, or our relationship with you. "Personal Information" means information about an identifiable individual (including name, telephone number, and email address) but generally does not include business contact information.

The Privacy Statement applies to Exinda Networks, Inc., and its affiliates. This privacy statement does not apply to the websites of our business partners or to any other third parties, even if their websites are linked to our website. We recommend you review the privacy statements of the other parties with whom you interact.

Please refer to your warranty statements and Exinda's Return Policy for policies that apply to information contained on hard drives returned to Exinda.

For the purposes of this privacy statement, "corporate affiliates" means any entity or joint venture that is directly or indirectly owned or controlled by Exinda Inc. "Business partners" means any subcontractor, vendor or other entity with whom we have an ongoing business relationship to provide products, services, or information.

SCOPE OF THIS PRIVACY POLICY

This Privacy Policy applies only to Personal Information collected from individual customers. It does not apply to corporate or business contact information. In addition, this policy is not applicable to Personal Information that has been aggregated or made anonymous and no longer specifically relates to an identifiable individual. Exinda reserves the right to use aggregated or anonymous information in any manner it considers appropriate.

INFORMATION WE COLLECT

We may ask you to provide Personal Information when you:

  • Use our website;
  • Request quotes, services, support, or information;
  • Place orders for products or services;
  • Participate in surveys, sweepstakes, or other promotional activities;
  • Subscribe to newsletters, promotional emails, or other materials;
  • Apply for a job, submit your resume/CV, or create a candidate profile; or
  • Contact us.

Information we may request includes your email address, name, address, and telephone number. If you make a purchase, we may ask for your credit card number and billing information.

Job applicants may be requested to provide information such as educational background, employment experience, job interest information, and criminal background checks. We may also collect demographic information, such as your business or company information, age, gender, interests, preferences and favourites. Forms that you fill in may indicate whether information requested is mandatory or voluntary for the purpose for which the information is requested.

We may collect information about your visits to our websites, including the pages you view, the links and ads you click, search terms you enter, and other actions you take in connection with the Exinda websites and services. We may also collect certain information from the browser you used to come to our website, such as your Internet Protocol (IP) address, browser type and language, access times, the Uniform Resource Locator (URL) of the website that referred you to our website and to which URL you browse away from our site if you click on a link on our site.

In order to offer you a more consistent and personalized experience in your interactions with Exinda, information collected through one source may be combined with information obtained through other Exinda resources. We may also supplement the information we collect with information obtained from other parties.

Some Exinda services may be co-branded and offered in conjunction with another company. If you register for or use such services, both Exinda and the other company may receive information collected in conjunction with the co-branded services, and may use the information according to each company's privacy statement and other agreements with you.

HOW WE USE PERSONAL INFORMATION

Exinda uses your personal information to:

  • Deliver the services and support, or carry out, the transactions you have requested;
  • Send communications to you, such as product safety information, your transactions status (for example, order confirmations), information about products and services available from Exinda and its corporate affiliates, promotional offers, and surveys;
  • Customize, analyze, and improve our products, services (including the content and advertisements on our website), technologies, communications and relationship with you;
  • Identify patterns of behaviour to offer relevant suggestions to users. For example, based on non-identifiable data collected through cookies on our website, we may be able to determine that users who viewed certain products may also like other specific products. These cookies are not tied to personal identifiers;
  • Enforce our conditions of sale, website terms and/or separate contracts (if applicable) with you;
  • Prevent fraud and other prohibited or illegal activities;
  • Protect the security or integrity of the website, our business, or our products or services; or
  • Otherwise, as disclosed to you at the point of collection.

Personal Information collected may be stored and processed in the United States or any other country in which Exinda or its corporate affiliates, subsidiaries or agents maintain facilities, and as such, courts in those other foreign jurisdictions may, in certain circumstances, be entitled to access your Personal Information. By using Exinda products and services (including our website), you consent to any such transfer of information outside of your country.

DISCLOSING PERSONAL INFORMATION

We may share your Personal Information with corporate affiliates to carry out transactions you request or to make our business or that of our corporate affiliates more responsive to your needs. We may also disclose your Personal Information in connection with law enforcement, fraud prevention, or other legal action; as required by law or regulation; or if Exinda reasonably believes it is necessary to protect Exinda, its customers, or the public.

In addition, we may share your Personal Information with business partners that help Exinda carry out transactions you request, that help Exinda promote and market additional goods, services and special offers from us and/or our corporate affiliates, or that help Exinda to customize, analyze, and/or improve our communication or relationship with you, and then only with business partners who share Exinda's commitment to protecting your Personal Information. For example, Exinda may use business partners to deliver email to Exinda customers, or may allow business partners to collect aggregate information to identify trends and analyze which pages are visited most often by visitors to Exinda.com. Exinda may disclose Personal Information to business partners to complete transactions or market on Exinda's behalf, but those business partners are prohibited from using your Personal Information for their own marketing purposes.

All such business partners are required to limit their use of your Personal Information for the purposes and in the manner we have instructed them. They have also committed to keeping your Personal Information confidential, using it only as directed by Exinda and to secure your Personal Information in a manner that is consistent with this privacy statement. All business partners who receive information from Exinda to use on Exinda's behalf are obligated to manage the information under Exinda's privacy policy.

Except as described above, we will not disclose your Personal Information to third parties for their own marketing purposes unless you have provided consent.

We reserve the right to disclose and/or transfer Personal Information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of Exinda Inc. Or its corporate affiliates, or of any of the business or assets or shares of Exinda Networks, Inc. or Exinda Networks Inc. or its corporate affiliates, or divisions thereof in order for you to continue to receive the same products and services from the third party.

YOUR CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

The provision of your Personal Information to Exinda means that you agree and consent that we may collect, use and disclose your Personal Information in accordance with this Privacy Policy. In addition, from time to time and where appropriate, Exinda may request your specific authorization or consent. If you choose to withdraw your consent, and for certain reasons, Exinda is unable to comply with your request, we will always advise you that we cannot do so. These could include reasons such as:

  • Withdrawing your consent would result in our inability to fulfill the terms of your contract for products and/or services with us; or
  • There are legal requirements for the use of your Personal Information.

Please be aware that in certain circumstances, Exinda may be required to disclose your Personal Information without your consent such as to law enforcement or other government officials. This could arise, for example, where disclosure is required:

  • To comply with a subpoena, warrant or order made by a court with jurisdiction to compel the production of such information;
  • To legal authorities for the detection and prevention of fraud or other criminal activity; or
  • To our legal counsel in the event that any matter may the subject of litigation.

If Exinda should be required to release your Personal Information without your consent, such as for the reasons listed above, we would always keep a record of what information was released, to which party it was released and why the circumstances necessitated such release. In order to respect your privacy to the fullest extent possible, Exinda will only release the information to the extent that we are required to do so.

HOW CAN YOU ACCESS YOUR INFORMATION

Exinda wants to help you keep your Personal Information accurate. To view or edit your Personal Information that has been stored online in your 'MyExinda Account,' please visit the MyExinda Account sections of the Exinda.com website. For the security of your account, you will be required to sign in with your login ID and password. You may also contact us at privacy@exinda.com to request access to or correction or update of your Personal Information.

Exinda will permit you the reasonable right of access and review of your Personal Information. We will endeavour to provide the information in question within a reasonable time and no later than 30 days following receipt of your request. If we require additional time, or if we feel that we have grounds to refuse your request, we will notify you of new timing for our reply and/or the reasons for our extension or refusal. Exinda reserves the right to charge for copies of your records; however we will always let you know in advance if there is any such charge. Exinda will provide information from its records in a form that is easy to understand. To protect you, Exinda may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections.

FOR HOW LONG AND WHERE DOES EXINDA KEEP MY PERSONAL INFORMATION

We keep Personal Information only so long as is needed in order to meet the purposes set out in this Policy, including for the purpose of enabling us to meet any legal or regulatory requirements. Exinda has retention standards for customer information and records management which set out these timelines. We have retention policies in place that govern the destruction of Personal Information.

The principal places in which Exinda holds Personal Information are in Toronto, Ontario and nearby municipalities where off-site storage facilities may be located. Because Exinda is part of a global organization, Personal Information may be shared (including for storage and processing) among Exinda affiliated companies in other countries including, but not limited to, Canada and the United States. Exinda has entered into agreements with such companies and has taken the measures described above in order protect your Personal Information.

SELECTING YOUR COMMUNICATION PREFERENCES

You may choose to receive or not receive marketing communications from Exinda by indicating your preferences. Opportunities to select your preferences include the following:

  • The MyExinda Account sections on Exinda.com allow you to choose whether you wish to receive marketing communications from Exinda.com, and to subscribe or unsubscribe to newsletters about our products and services; and
  • At any point you can also visit our Mailing List Removal Page and request to be removed from our advertising and marketing lists (catalogs, telephone, faxes, and email);
  • Any marketing by Exinda, or any third parties on behalf of Exinda, will be conducted in accordance with applicable laws.

Please allow up to 10 business days for your email preferences to take effect.

Because some promotions, such as direct mail catalogs, are developed in advance, you may sometimes receive solicitations after we receive your preference request.

You may withdraw your consent to Exinda's collection, use and disclosure of your Personal Information at any time, subject to legal or contractual restrictions and reasonable notice, by contacting us at privacy@exinda.com or by opting out of cookies. If you choose to withdraw your consent, we will inform you of the implications of withdrawing consent. Typically, this may include limitations such as no longer receiving email marketing, no longer receiving personalized advertising, inability to save account information, or no longer having access to the saved cart feature.

HOW WE SECURE YOUR PERSONAL INFORMATION

Exinda is committed to protecting the security of your Personal Information. We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure, such as encryption, passwords, physical security, etc. While we strive to protect your Personal Information, Exinda cannot ensure or warrant that the Personal Information or private communications you transmit to us will always remain private, and you provide this information at your own risk.

If a password is used to help protect your accounts and Personal Information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving a site or service to protect access to your information from subsequent users.

THIRD-PARTY WEBSITES AND SERVICES

Please be aware that other websites that may be accessed through our website may collect personally identifiable information about you. The information practices of those third-party websites linked to Exinda.com are not covered by this privacy statement. Please be aware that, in providing services on Exinda's behalf, our business partners may collect Personal Information about you. All such business partners who receive Personal Information on behalf of Exinda are required to use this information for the purposes and in the manner Exinda has instructed them.

CHANGES TO OUR PRIVACY STATEMENT REGARDING CUSTOMER AND ONLINE USER INFORMATION

We will occasionally update this privacy statement. If we make changes to the Privacy Statement Regarding Customer and Online User Information or make any material changes to how Exinda will use your Personal Information, we will revise the Privacy Statement to reflect such changes and revise the statement's effective date, included at the end of this section. We encourage you to periodically review this statement to be informed of how Exinda is protecting your Personal Information.

CONTACTING US

If you would like to contact us for any reason regarding our privacy practices, please write to us at the following address:

Exinda Networks Inc.
Attention: Privacy
225 Richmond St. West
Suite 302
Toronto, Ontario M5V 1W2
Canada