For the purpose of this Policy, User or Users ("User" or "Users") shall mean anyone that freely accesses the information available in the Site, register, and/or makes use of the Site and its services.
You must be at least eighteen (18) years of age to use the Site, or of legal age as set by the legislation of your state or country of residence. Users located in the European Union must be at least sixteen (16) years of age to access and/or use the Site. This said, X3M does not knowingly collect Personal Information from individuals under legal age and does not intend to do so. If you have reasons to believe a minor has shared Personal Information with X3M, please get in touch with us.
This Policy and any of the terms hereof might be amended in whole or in part at any time. Consequently, it is recommended that it be consulted periodically. Such amendments will always be available at the Site, at the entire disposal of the general public for their review. If the User continues to use the Site after an amendment to this Policy has been published, said User shall be deemed to have accepted and given their express consent to the changes made.
If you do not agree to the terms in this Policy, please do not use this Site or disclose your Personal Information.
2) Information collected by X3M
Personal Information means information that may be used to identify Users (hereinafter "Personal Information"). For California Residents, the definition of Personal Information is set out in section 8.4 "Additional rights for California Residents". To ensure the correct use of the Site, X3M receives and uses Personal Information about Users visiting it, such as:
a) Traffic data including Users' IP address, domain name, operating system, type of computer or mobile device, mobile network operator, and browser type.
b) User movements around the Site and interaction with the elements in it (for example, clicking a particular link, where clicks were made, time spent on the Site, and others).
c) Some sections of the Site, such as the Contact Form, may require you to register and provide contact details such as your full name, email address, telephone number, country, and any other details the User chooses to give us.
d) Information given when contacting X3M via any medium available in the Site.
e) Specific information to process orders, provide customer service, make deliveries, or issue invoices.
The Personal Information collected by X3M is confidential, and its access is restricted to authorized personnel to ensure it is used correctly.
3) Use of the Personal Information collected
Personal Information will be used to customize and perfect the Site and the services provided therein. This way, X3M shall be able to:
a) Maintain a record of Users and inquiries.
b) Use the Personal Information collected to send Users advertisements, such as new products and newsletters, which they can unsubscribe from at any time.
c) Contact Users to provide customer support and send updates and information about the services on the Site, as well as to process payments or prevent and detect fraud or misuse of the services provided.
d) Allow suppliers and business partners who have accepted the strict privacy policies to use such data.
e) Use and share Users' Personal Information that has been anonymized or is used as aggregate with third parties or subsidiaries or affiliates, and create reports, web platforms, databases, analyses or services with research purposes, BI, or services for clients.
f) Use the Personal Information collected for marketing purposes and to promote the Site's products and services, for its own business purposes or those of third parties.
4) Who X3M shares Personal Information with
In order to offer a better service, X3M may share Personal Information with selected associates, suppliers, customers or business partners.
Additionally, X3M may disclose User Personal Information insofar as it is reasonably necessary to comply with a law, regulation or legal request made by a competent authority, to government and public order officials or private bodies, if, in its sole discretion, it deems it necessary or appropriate in order to (i) comply with any applicable law including court orders and citations, (ii) investigate potential violations of the Policy, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) protect the safety, rights, or property of its Users or of any third party, or (v) prevent or stop all illegal and unethical activities or those punishable by law.
5) Processing of Personal Information
X3M processes Users' Personal Information when there is a lawful basis to do so. X3M does not represent or warrant that the Personal Information provided by the User is up to date, complete and correct.
X3M cannot assume any liability derived from the incorrect, inappropriate, or illegal use of the Personal Information provided by third parties.
In no event shall X3M be liable for losses or damages of any nature, including but not limited to lost profits and all direct, indirect, or moral losses or damages arising from the Users' use of the Site or from the Users' Personal Information used by X3M, including cookies.
6) How long we retain Personal Information
X3M may retain Personal Information collected in the Site for as long as it is needed to fulfill the purposes for which it was collected, or, following the use of the Site and the provision of services, for the purpose of complying with its legal obligations and regulatory requirements, to solve disputes between Users and prevent fraud, for backup, audit, and archival purposes, to protect the rights and property of X3M, or for any other reason.
Regarding the retention period of Personal Information of Users located in Europe, we adopt the following criteria:
- Information collected to provide the services offered in the Site, and send you updates or information about said services: for as long as you use the Site, or the services offered therein;
- Information collected when you gave us your consent to send you commercial communications and advertisements: until you cancel your subscription or demand that it be deleted.
- We may hold Personal Information to comply with our legal obligations and administer our rights (for instance, to assert our claims in court), or for statistical and archival purposes.
When we no longer need to use your Personal Information, it will be deleted from our systems and records or anonymized, so it is not identifiable.
7) Data transfer
Your Personal Information may be transferred and stored in servers located outside of your country of residence, including countries in which privacy laws are not as strict as those in your jurisdiction.
Said third-party countries may include third-party countries outside of the European Economic Area (EEA), Argentina and Uruguay. The last two countries have been declared to have an appropriate protection level by Decision 2003/490/CE of the Commission on June 30, 2003 (Argentina), and Decision 2012/484/UE of the Commission on August 21, 2012 (Uruguay).
Personal Information may also be transferred to the United States or other countries for it to be processed. Whenever we transfer your Personal Information to another jurisdiction, we make sure that the international transfer of data is done in compliance with the applicable legislation.
8) User rights
8.1 User rights
X3M will allow and facilitate the exercise of User rights (prior to proving their identity), right of access, right to rectification, and right to erasure of personal data. The right of access will be free of charge and subject to the applicable legislation.
Users can opt out of receiving certain marketing e-mails by using the "unsubscribe" option contained within those emails.
8.2 Rights of Users located in Europe
As the owner of the Personal Information that we collect and process, the User has the following rights:
- Right to be informed: right to obtain information that is clear, transparent and easy to understand about the manner in which we use your Personal Information and about your rights; information that we provide in this Policy.
- Rights of access: you have a right to access and obtain a copy of the Personal Information we have about you, within certain legal bounds.
- Right to rectification: right to have us rectify your data should it not be right or complete.
- Right to erasure or 'right to be forgotten': right to have your Personal Information erased or eliminated when, among other reasons, your data is no longer necessary for the purposes for which it was collected. However, X3M could have legal or legitimate reasons to keep it.
- Right to object processing of your Personal Information under specific circumstances, such as, targeted advertising, including profiling.
- Right to withdraw consent given at any moment when the treatment is based upon consent.
- Right to restriction of processing: you have a right to request the restriction of the processing of your Personal Information in those cases legally established. Likewise, whoever is responsible for the processing may limit it when the User have objections regarding the accuracy of its Personal Information, only during the timeframe which allows them to verify said accuracy, or if the User requests its right to object processing, while such demand is being verified.
- Right to data portability: you have a right to move, copy or transfer the Personal Information that you have provided in a structured, commonly used and machine-readable format from our database to another one. It is only possible to exercise this right for provided Personal Information, when the treatment is based on the execution of a contract or based on consent, and the processing is done through automatic means.
- Right to file a claim to the corresponding Authority of Control if you consider your Personal Information is not being treated in accordance with applicable law.
8.3 Exercise of rights by European residents:
To exercise any of the User rights, European residents must submit a written request with the following information: full name, contact address where we can send notifications, copy of ID or Passport and the claim of the request. In the case of a legal guardian or other type of representation, such representation should be proven with the corresponding legal document.
Said request should be sent to X3M's Department of Data Protection to some of the following addresses:
1201 N Orange ST. Suite 700, Nro 7352, Wilmington, DE 19801-1186,
United States of America
Email address for these purposes: firstname.lastname@example.org
8.4 Additional privacy rights for California residents
The California Consumer Privacy Act ("CCPA") provides California residents with specific rights regarding their Personal Information.
The CCPA set forth the following "Personal Information" definition: "information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household". "Personal Information" does not include: (i) Publicly available information from government records; (ii) De-identified or aggregated consumer information; (iii) Information excluded from the CCPA's scope.
This section describes the additional and specific rights regarding the Personal Information of the California residents and explains how to exercise those rights.
8.5 Personal Information collected by X3M
In particular, X3M has collected, "sold" and disclosed the following categories of Personal Information from its Users within the last twelve (12) months: (i) Identifiers (such as name, email address, IP address between others); (ii) Personal Information categories informed in subdivision e) of section 1798.80 California Civil Code; (iii) Internet activity of the Users; (iv) Geolocation data; and (v) Inferences about personal preferences and information of the Users. Notwithstanding, the CCPA mentioned the following categories of Personal Information that X3M has not collected, "sold" or disclosed in the last twelve (12) months: (i) Protected legal characteristics; (ii) Commercial information; (iii) Biometric information; (iv) Sensory data; (v) Professional or employment-related information; and (vi) Education information.
8.6 Additional Rights and Options for California Residents
CCPA grants specific rights regarding the Personal Information to California residents. This section describes your CCPA rights and explains how to exercise those rights.
(i) Access to specific information
You have the right to request that X3M disclose to you certain information about your Personal Information collected and used in the last twelve (12) months. Once we receive and confirm your request, we will disclose to you: (i) The categories of Personal Information we collected about you; (ii) The categories of sources for the Personal Information we collected about you; (iii) Our business or commercial purpose for collecting or selling that Personal Information; (iv) The categories of third parties with whom we share that Personal Information; (v) The specific pieces of Personal Information we collected about you; and (vi) If we "sold" or disclosed your Personal Information for a business purpose, two separate lists disclosing: (a) sales, identifying the Personal Information categories that each category of recipient purchased; and (b) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
(ii) Deletion request rights
You have the right to request that X3M delete any of your Personal Information that we collected from you and retained, subject to certain exceptions mentioned in CCPA. Once we receive and confirm your request, we will delete your Personal Information from our records, unless an exception applies.
(iii) Right to Opt-Out- "Do not sell my Personal Information".
CCPA gives California residents the right to opt out of the sale of their Personal Information by X3M.
X3M does not "sell" Personal Information of its Users in the way that most people usually understand that term, but in the broad definition of the term as specifically defined by the CCPA.
If you are a California resident, you have the right to instruct us not to "sell" your Personal Information at any time (right to opt-out). To exercise this right you (or your legal representative) can send a request by sending an email to email@example.com.
Also, we will only use your Personal Information submitted when you exercise your right to opt-out to evaluate and fulfill your request.
8.7. Exercise of rights by Californian residents:
i) Exercising Access and Deletion Rights.
To exercise the access and deletion rights described above, please submit a request to us by sending an email to firstname.lastname@example.org.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your Personal Information (hereinafter "Verifiable Request"). For avoidance of any doubts, a request will be considered as a Verifiable Request when X3M may be able to check the identity of the requestor.
You may only make a Verifiable Request for access twice within a 12-month period. The User request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. X3M may request the necessary information to check your identity according to the applicable laws.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
ii) Response Timing and Format for California residents
X3M endeavors to respond to a Verifiable Request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period.
Any disclosures we provide will only cover the 12-month period preceding the Verifiable Request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your Verifiable Request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: (i) deny you services or access to the Site; (ii) charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties; (iii) Provide you a different level or quality of services; (iv) suggest that you may receive a different price or rate for services or a different level or quality of services.
Notwithstanding the above, X3M may charge a User a different price or rate or provide a different level or quality of goods or services to the consumer, or offer rewards and incentives, if that difference is reasonably related to the value provided to the User by the User's data.
9) Security and protection of the Personal Information
X3M takes appropriate technical and organizational measures to protect Personal Information against all unauthorized alteration, loss, destruction, treatment, or access, as well as any other form of illegal treatment of Personal Information.
However, no data storage or transmission over the Internet or other network can be guaranteed to be 100% secure. Accordingly, X3M does not guarantee that the Personal Information will not be accessed, disclosed, altered, or destroyed by breach of any of the aforementioned safeguards.
"Cookies" are small files or amounts of information that are stored in the browser, on the hard drive of the computer, when you visit a website. The use of "cookies" is conventional in the industry, and they can be found in many websites.
- Identify which pages are visited by Users and how often.
- Analyze and track User behavior on the Site, on websites and/or on services to which they are linked.
- Confirm the identity of its clients or Users, personalize access and monitor and / or facilitate the use of the Site, in order to improve its navigation and functionality (as explained below)
- Browse through the Site and use the different options or services that exist in it, such as, for example, controlling traffic and data communication, identifying the session, accessing parts of restricted access, using security elements during navigation, storing content for broadcasting videos or sound or sharing content through social networks.
This information is subsequently used only for statistical analysis and may be shared with third parties or on third-party platforms that collect information for statistical purposes.
The User may also change the corresponding settings to decline cookies. In such a case, there is a possibility that you may not be able to use some services, as many cookies are used to improve the usability or functionality of the Site.
11) Third party links
12) Applicable law and jurisdiction
This Policy and any relationship with the Users, clients, or suppliers of X3M will be governed by the laws in force in the State of California, being subject to the jurisdiction of the competent courts of San Francisco, California.
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