Introduction
Xennsoft, LLC, a company incorporated under the laws of the State of UTAH, U.S.A., (referred to herein as “Xennsoft,” “we,” “us” and “our”) understands the importance of privacy of individuals (referred to as “users” and “you”). Xennsoft, may also maintains websites for several affiliate companies and brands.
This privacy notice outlines the personal information Xennsoft may collect and how Xennsoft will use and disclose that information. Xennsoft is committed to protecting your personal information. We have adopted the following policies with regards to collection and distribution of information.
Information Collection
Xennsoft may collect two different types of information, Personally Identifiable Information and Non-Personally Identifiable Information. “Personally Identifiable Information” (“PII”) is information that identifies you as an individual – for example, your name, address, telephone number and email address to name some. “NonPersonally Identifiable Information” (“Non-PII”) is aggregated information, demographic information, IP addresses, user behavior data from web interaction metrics tools and any other information that does not reveal your specific identity.
During the enrollment process, or while purchasing product on Xennsoft maintained websites, Xennsoft may collect PII about you that may be considered sensitive.
Xennsoft may also collect PII about you from, among other places: information you provide directly to us, information regarding the services that Xennsoft currently provides or has previously provided to you, information Xennsoft receives from our affiliated entities or third parties relating to the establishment of our relationship or the provision of services to you.
This information can be received in any manner, including in-person discussions, telephone conversations, and electronic or other written communications.
Cookies
We may collect information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalized service. They enable us to estimate our audience size and usage pattern, to store information about your preferences (and to allow us to customize our site according to your individual interests), to speed up your searches and to recognize you when you return to our site. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.
Information Use
Xennsoft may collect PII about you to establish or maintain our relationship with you, respond to your inquiries, provide you with services you have requested, keep you informed of services we think may be of interest to you, personalize your experience with us, and other reasons.
Without PII, Xennsoft may be unable to provide you with the services you have requested.
Disclosure of Information
Xennsoft does not sell or lease PII about you to others.
Xennsoft may share PII about you with others as permitted by contractual agreement or as required by law, such as our affiliates, third parties in connection with the provision of services to you, government entities and regulatory bodies, and those with whom you have requested us to share information.
Unless restricted by law, regulation, contract or professional standards, Xennsoft may transfer PII about you outside of the United States to other countries for the purposes described in this privacy notice.
Xennsoft will not share PII about you with an unaffiliated third party who is not performing services for us without first obtaining your permission, except if such sharing is otherwise permitted by this privacy notice. Xennsoft will provide PII about you to the following types of third parties for the associated reasons:
Carriers: Xennsoft will provide your name and address to companies which provide a delivery service between Xennsoft and its customers as a means of delivering our products to you as quickly as possible.
Financial Institutions: Xennsoft will provide financial institutions with your payment information, name, address, and phone number in order to process any orders placed by you and complete payment of the transaction to Xennsoft.
Logistics: Xennsoft will provide your name, address and phone number to those entities or people within our network of distribution, in order to process and ship your orders with speed and accuracy.
Xennsoft requires third parties who perform services for us to agree to treat PII about you confidentially and securely. Prior to collection your PII, any such third parties are required to sign a service agreement, which includes the privacy policy outlined here. Note that this statement does not address the privacy practices or polices of our Independent Consultants. However, Xennsoft Independent Consultants agree, as specified in our Policies and Procedures, to comply with all applicable privacy laws and regulations.
Notwithstanding any other provision of this notice or the Terms and Conditions of Use to the contrary, we reserve the right to disclose and use your PII if we believe that we are required to do so: (a) by law; (b) in response to legal process, for example, in response to a court order or a subpoena; (c) in response to a law enforcement agency’s request; (d) to enforce our other terms, conditions, or policies; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Xennsoft, you or others; and/or (g) to permit us to pursue available remedies or limit the damages we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
Because Non-PII does not personally identify you, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.
Access
You may request access to the PII that Xennsoft has about you. You may also request the correction, amendment or deletion of PII about you that is inaccurate. Xennsoft will treat requests for access, correction, amendment or deletion of PII about you in accordance with its internal policies and applicable legal requirements.
Information Security and Integrity
Xennsoft maintains reasonable physical, administrative and technical safeguards to protect PII from loss, misuse, or unauthorized access, disclosure, alteration or destruction. Our personnel and the personnel of our affiliates are provided access to PII about you only if they have a need to know the information in connection with a legitimate business purpose, such as (a) the provision of services to you or (b) to help identify other services that Xennsoft and its affiliates offer that may be of interest or use to you.
Additionally, Xennsoft will only use PII for the purpose which it was intentionally collected. Xennsoft will take reasonable measures to safeguard your information and ensure that is accurate, complete and current.
Enforcement
Xennsoft takes a self-assessment approach to verify that we are within compliance of this policy. Xennsoft employees are trained to adhere with this privacy policy and Xennsoft administers discipline to those employees who do not comply.
Safe Harbor
In order to comply with EU data privacy directives, Xennsoft, through its hosting partners, applies the US-EU and US-Swiss Safe Harbor Framework developed by the US Department of Commerce pertaining to the collection, use, and retention of personal information from the European Union member countries. Xennsoft complies with the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. For more information or questions concerning the Safe Harbor program please visit: https://www.ftc.gov/tipsadvice/business-center/privacy-and-security/u.s.-eu-safe-harbor-framework
In compliance with the US-EU and US-Swiss Safe Harbor Principles, Xennsoft commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact Xennsoft at the address provided in the questions section of this privacy policy.
Xennsoft has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Xennsoft, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safeharbor-complaints for more information and to file a complaint.
Limitation of Liability
In no event shall company, it’s owners, officers, employees, partners, subsidiaries, or affiliates be liable, whether through judicial action, class action, arbitration or any other means, for any direct, indirect, punitive, incidental, consequential, special or exemplary damages or lost profits, including, but not limited to, loss of anticipated profits, revenue or savings, business interruption or loss of business information, that relate to or arise from the use of or inability to use the website, the software, the content, the information or computations contained on or received through use of the website, any services or goods purchased or received through the website, or this agreement, whether the alleged liability is based on contract, tort, negligence, strict liability, content, or any other basis, even if company or its agent(s) have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, company’s liability in such jurisdictions shall be limited to the maximum extent permitted by law of the jurisdiction in question.
Arbitration
Before filing any action hereunder in state or federal court, Licensee and Company agree to submit to binding arbitration all claims, disputes, and controversies among them (and their respective employees, officers, directors, managers, agents, independent distributors, and Licensed Users), whether in tort, contract, or otherwise arising out of or relating in any way to this Agreement, or the breach thereof. Any arbitration proceeding shall (i) proceed in Salt Lake City, Utah; (ii) be governed by the Federal Arbitration Act (Title 9 of the United States Code or the successor thereto); and (iii) be administered and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Changes to This Privacy Notice
Xennsoft reserves the right to change this privacy notice. Any changes to this notice will become effective upon posting of the revised notice on the Internet or as required by law.
Questions
If you have any questions or concerns regarding this notice, please contact us either by email at legal@Xennsoft.com, or by regular mail at Xennsoft, LLC, Attn: Legal Department, PO Box 708055 Draper, UT 84070. Xennsoft will investigate and try to resolve any disputes regarding the use or disclosure of PII according to the principles of this privacy policy.
Please note that email communications are not necessarily secure. Accordingly you should not include credit card information or other sensitive information in your email correspondence to us.