This document sets out our Privacy and Data
Security Policy (the "Policy") of XcellFORCE, LLC (the "Company" or "XcellFORCE").
The Company may change, modify, or update these policies, in whole or
in part, in the Company's sole discretion at any time without notice by
posting updated versions on the XcellFORCE website located at www.xcelltracker.com
and any changes, modifications or updates will become effective immediately
upon such posting.
B. Data Collection and Personally Identifiable Information. 1. Overview and Definition of Personally Identifiable Information. In providing our XcellTRACKER Service or otherwise interacting with you through your use of the Site or App, we may collect your personally identifiable information ("PII"). PII includes personal information such as your name, email address, account profiles and passwords, IP address, telephone number and/or telephone conversations, live chat messages and/or contents from e-mails, physical addresses, and credit card number(s) and other financial information, and anything else you provide to us, whether through your use of the XcellTRACKER Service or otherwise, that can in any manner identify you, individually.
2. Methods of Information Collection of Information, Including Collection of PII. Your information, including your PII, and any other information you input or allow to be inputted via use of our XcellTRACKER Service may be collected through your direct interactions with a Site or App, email or written correspondence, telephone calls, or web based forms or from third party providers. We also may place a "cookie" (a small file) on your hard drive during a web visit to help us identify the number of unique visitors to our Site, learn what ours users' technology preferences are, monitor the functionality of our Site, help with authentication/login and otherwise improve our XcellTRACKER Service. We may also use "local storage", a feature of your browser, to retain information locally regarding your usage to improve our XcellTRACKER Service. If you do not wish to have cookies placed on your computer or do not wish for us to use "local storage" you may adjust your web browser settings accordingly. If adjustment is not feasible, you may elect to refrain from using our XcellTRACKER Service or accessing our Site. Please be aware that restricting cookies may impede your ability to use our Site or our XcellTRACKER Service or certain features of our Site or our XcellTRACKER Service. Like most Internet services, we use log files on the server side. The data held in log files includes your IP address, browser type, e-mail application, Internet service provider ("ISP"), referring/exit Web pages, computer platform type, date/time stamp, and user activity. The Company uses server log data to analyze trends, administer the XcellTRACKER Service offered through the Site/App and otherwise administer the Site/App. The software enabling the Site/App and the XcellTRACKER Service has associated log and temporary files that are stored on Company controlled servers. These files may store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on the Site/App and/or use the XcellTRACKER Service. Your information may also exist within regularly performed server backups. Additionally, if you ever log-in to our XcellTRACKER Services using a 3rd Party Authenticator (as defined in Section 5 below), we may receive and collect your third party service log-in, email, profile picture, and/or other information transmitted by such 3rd Party Authenticator to us. Additionally, XcellTRACKER Services currently does NOT use a 3rd Party Authenticator (as defined in Section 5 below). However, if Company chooses to use a 3rd Party Authenticator in the future, Company may need to receive and collect third party service information, log-in, email, profile picture, and/or other information transmitted by such 3rd Party Authenticator to Company.
4. Hosted Data. Through its XcellTRACKER Service, the Company provides technology hosting services used to host a variety of internet-based solutions, including internet-based communications and applications (including the App and the XcellTRACKER Service) as well as other information you input via use of the XcellTRACKER Service. As a result, the Company's hosting services store and transmit information about our customers as well as information collected or inputted by those customers (the "Hosted Info"). Hosted Info may include PII and other information that belongs to our customers and those individuals our customers allow to access the XcellTRACKER Service related to their Hosted Info. With respect to all Hosted Info, the Company is a passive recipient and takes no active part in collecting or storing any Hosted Info. Moreover, except in extraordinary cases or to the extent necessary to render the XcellTRACKER Service to you, the Company does not purposefully access any Hosted Info. For example, if you input a information about an insurance policy, our XcellTRACKER Service passively stores such information and normally only accesses or reviews such information to the extent necessary to provide the XcellTRACKER Service to you (and provide any related support of the XcellTRACKER Service) and you agree that such access is permissible for all purposes.
5. Security Measures Substantially all information XcellFORCE receives from you or via your use of the XcellTRACKER Service are copied, stored and managed through computer servers owned or controlled by XcellFORCE. While XcellFORCE attempts to employ security techniques to protect your PII and other Hosted Info from unauthorized access by users inside and outside the organization, you should be aware that "perfect security" does not exist on the Internet; third parties may unlawfully or improperly intercept or access transmissions, personal information, or private communications. As such, we cannot make any assurances that a security breach will not occur that may expose your PII to others. For example, the XcellFORCE servers are not located at XcellFORCE but rather are managed and located at a third-party Infrastructure-as-a-Service provider (an "IAAS"). We have taken commercially reasonable steps to choose a professional IAAS provider but we cannot guarantee the performance of the IAAS provider, its security measures, or the actions or inactions it takes in the future. By using our XcellTRACKER Service, you understand and agree that we have no liability for the action, behaviors or failings of our IAAS provider. Also, please understand that XcellFORCE encrypts over-the-wire data using SSL encryption. Other than the over-the-wire data, XcellForce does not encrypt in any manner any information you choose to share or distribute through use of the XcellTRACKER Service. Your XcellTRACKER Service account is also protected by a password chosen by you for your privacy and security. You need to ensure that there is no unauthorized access to your account and PII and/or Hosted Info by selecting and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account. Additionally, we use third party sign in providers to authenticate users of our Services, such as Google Signin and OneLogin (the "3rd Party Authenticators"). You understand that your information (including PII) may be made available to and stored by such 3rd Party Authenticators and by using our Services, you understand and agree that we have no liability for the action, behaviors or failings of our 3rd Party Authenticators. XcellFORCE endeavours to protect user information to ensure that user account information is kept private, however, XcellFORCE cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
6. Sharing of Information. We make other tools available to sync information with our XcellTRACKER Service, and may also develop additional features that allow you to sync information stored via our XcellTRACKER Service to other third-party services used by you or your organization (each an "Additional Platform"). For example, our Service may allow your organization or you to sync your XcellTRACKER Service account (and all information related thereto) to your personal bill paying platform. By using the XcellTRACKER Service, you consent to such syncing and agree that all such information that is distributed to an Additional Platform is permissible and that by using our Services, you understand and agree that we have no liability for the action, behaviors or failings of any operator of any applicable Additional Platform. As a matter of policy, we do not sell or rent information about you and we do not disclose your PII or Hosted Info in a manner inconsistent with this Policy except as required by law or government regulation. We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights. WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING YOUR PII OR OTHER HOSTED INFO, TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO CRIMINAL OR CIVIL LIABILITY. C. Access; Avoidance of Sensitive Information; COPPA Compliance. Upon request, the Company will grant you reasonable access to your PII held by the Company. In addition, the Company will take reasonable steps to permit you to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. We will not intentionally collect or maintain, and request that you please do not provide, any information regarding any medical or health conditions, your race or ethnic origins, political opinions, your religious or philosophical beliefs, or other such information. Use of our Site/App and our XcellTRACKER Service are not designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13. D. Opt Out Policy and Your California Privacy Rights.
Users can prevent future disclosures for direct marketing purposes of his or her PII, at no charge, by exercising his or her "opt out" rights by using the "opt out" procedures described below: 1. Send an email to: firstname.lastname@example.org, or
2. Send mail to the following postal address:
2855 Kifer Road, #235
Santa Clara, CA 95051 USA
Additionally, upon receipt of any electronic communication from the Company, to unsubscribe from future communications, you can click on the link that says words substantially to the effect of "If you do not wish to receive these emails in the future, You can click here to unsubscribe." Because the Company provides its California users with the ability to exercise his or her "opt out" rights as described above, pursuant to Section 1798.83(c)(2) of the California Civil Code, the Company is in compliance with the California "Shine the Light" law and is not obligated to provide California users with the names and addresses of all the third parties that received personal information from the Company for the third parties' direct marketing purposes during the preceding calendar year. E. Enforcement.
The Company will actively monitor its relevant privacy and security practices to verify adherence to this Policy. Any individual service provider that the Company determines is in violation of this Policy will be subject to disciplinary action up to and including termination of service.