Privacy Policy

(A) INTRODUCTION

 

XYMOGEN respects your privacy and is committed to protecting it by complying with this Internet Privacy Policy (“Policy”). 

 

This Policy describes: 

 

• How XYMOGEN collects, uses, discloses, and protects the personal information (see Information We Collect About You) of our customers and Website users (“you” or “yours”).

 

Describes the types of information XYMOGEN may collect from you or that you may provide when you visit xymogencanada.ca (our “Website”). 

 

• Our practices for collecting, using, maintaining, protecting, and disclosing that information. 

 

XYMOGEN will only use your personal information in accordance with this Policy unless otherwise required by applicable law. XYMOGEN takes steps to ensure that the personal information we collect about you is adequate, relevant, not excessive, and used for a prescribed purpose.  

 

This Policy applies to information XYMOGEN collects, uses, or discloses about you: 

 

• On this Website. 
• In e-mail, text, and other electronic messages between you and this Website. 
• Through mobile and desktop applications you download from this Website, which provides dedicated non-browser-based interaction between you and this Website. 
• When you interact with our advertising and applications on third-party websites and services. Please be advised, it is your responsibility to locate this Policy when you jump from a third-party website or service to Our Website.  
• From any other source that may link to Our Website.  

 

The Website may include links to third-party websites, plug-ins, services, social networks, or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and XYMOGEN does not accept any responsibility or liability for those such policies. XYMOGEN does not control these third-party websites, and we encourage you to read the privacy policy of every website you visit. 

 

This Policy DOES NOT apply to information that: 

 

• XYMOGEN collects offline or through any other means, 
• You provide to or is collected by any third party, including any of our affiliates and subsidiaries, through any application or content, including advertising, that may link to the Website. 

 

Please read this Policy carefully to understand XYMOGEN’s policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, your choice is NOT to use our Website. By accessing and/or using our Website, you indicate that you understand, accept, and consent to the policies and practices described in this Policy.  

 

This Policy may change from time to time without notice, and it is our policy to post the changes we make to our Policy on this page; so, it is incumbent on you to ensure you periodically check back and refamiliarize yourself with the content of this Policy. You will know a change has been made based on the “last revised” date at the top of the page.  

 

However, if XYMOGEN makes material changes to how we treat our users' personal information, we will notify you at the e-mail address specified in your account. You are responsible for ensuring XYMOGEN has an up-to-date, active, and deliverable e-mail address for you. The fact that you have not updated your e-mail address provides XYMOGEN an affirmative defense that the e-mail address where a notice was sent was, in fact, up-to-date, active, and deliverable. 

 

Please be advised: Your continued use of this Website after XYMOGEN makes changes indicates that you accept and consent to those changes. 

 

 

(B) INFORMATION WE COLLECT ABOUT YOU

 

XYMOGEN collects and uses several types of information from and about you, including: 

 

• Personal information. Privacy laws in Canada generally define personal information as information that can be reasonably used to identify you directly or indirectly and includes, but is not limited to, your name, mailing address, e-mail address, telephone number, the Internet protocol (IP) address used to connect your computer to the Internet, username or other similar identifier, billing and account information, social insurance number (“personal information”). It DOES NOT include business contact information, including your name, title, or professional contact information, such as telephone number and e-mail address.
• Non-personal information. This information does not directly or indirectly reveal your identity, nor does it directly relate to an identifiable individual, and includes, but is not limited to, race, ethnicity, religion, or other demographic information, and statistical and aggregated information. While statistical or aggregated data does not directly identify a specific person, XYMOGEN may derive non-personal statistical or aggregated data from personal information (i.e., we may aggregate personal information to calculate the percentage of users accessing a specific Website feature). 
• Technical information. This information includes your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform. It also includes information about your internet connection, the equipment you use to access our Website, and usage details. 
• Non-personal details about your Website interactions. This information includes the full Uniform Resource Locators (URLs); clickstream to, through, and from our Website including date and time; products you viewed or searched for; page response times; download errors; length of visits to certain pages; page interaction information, such as scrolling, clicks, and mouse-overs; methods used to browse away from the page; or any telephone number used to call our customer service number.
• Any other types of information that you may voluntarily provide to XYMOGEN through our Website.  

 

 

(C) HOW WE COLLECT INFORMATION ABOUT YOU

 

We use different methods to collect your information, including through: 

 

• Direct interactions with you when you provide it to us (e.g., by filling in forms or corresponding with us by telephone, e-mail, or otherwise.  
• User contributions. You may provide information to XYMOGEN to be published or displayed (hereafter “posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Although we may limit access to certain pages and you may set certain privacy settings for such information, please be aware that no security measures are perfect and that your User Contributions are posted and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not, guarantee that unauthorized persons will not view your User Contributions. 
• Automated technologies or interactions. As you navigate through our Website, information may be collected automatically and may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. 
• Third parties or publicly available sources (e.g., from our business partners). 
• Any other means of collecting personal information or information generally. 

 

 

INFORMATION YOU PROVIDE TO US

 

The information XYMOGEN collects directly from you on or through our Website may include: 

 

• Information that you provide by filling in forms on our Website, which includes information provided at the time of (i) registering to use our Website, (ii) subscribing to our service(s), (iii) posting material, and/or (iv) requesting further services. XYMOGEN may also ask you for information when you enter a contest or promotion sponsored by us, and/or when you report a problem with our Website. 
• Records and copies of your correspondence, including e-mail addresses, if you contact us. 
• Your responses to surveys that XYMOGEN might ask you to complete for research purposes. 
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website. 
• Your search queries on the Website. 
• Any other types of information you voluntarily provide. 

 

 

INFORMATION WE COLLECT THROUGH COOKIES AND OTHER AUTOMATIC DATA COLLECTION TECHNOLOGIES

 

As you navigate through and interact with our Website, XYMOGEN may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: 

 

• Details of your visits to our Website, which may include, but may not be limited to, traffic data, location data, logs, and other communication data, as well as the resources that you access and use on the Website. 
• Information about your computer and internet connection, including your IP address, operating system, and browser type. 

 

The information XYMOGEN collects automatically is statistical information, but it may also include personal information. We may maintain it and/or associate it with personal information we collect, or have collected, in other ways or that you have voluntarily provided to us, or that we have received from third parties. 

 

It helps us to improve our Website and to deliver a better, more personalized service, including enabling XYMOGEN to: 

 

• Estimate its audience size and usage patterns. 
• Store information about your preferences, allowing us to customize our Website according to your individual interests. 
• Speed up your searches. 
• Recognize you when you return to our Website. 

 

The technologies XYMOGEN uses for this automatic data collection may include: 

 

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate settings on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.  
• Flash Cookies. Certain features of our Website may use locally stored objects, known as Flash cookies, to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that manage browser cookies. 
• Web Beacons. Pages of our Website, as well as our e-mails, may contain small electronic files known as web beacons, which are also referred to as clear gifs, pixel tags, and single-pixel gifs, and they permit XYMOGEN to, for example, count users who have visited those pages or opened an e-mail and collect other related website statistics, for example, recording the popularity of certain website content and verifying system and server integrity. 

 

 

(D) HOW WE USE YOUR INFORMATION

 

XYMOGEN uses the information we collect about you, or that you provide to us, including any personal information, to: 

 

• Present our Website and its contents to you. 
• Provide you with information, products, or services that you request from us. 
• Fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it. 
• Provide you with notices pertaining to, among other things, your account and subscriptions and this Policy. 
• Carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements. 
• Notify you about changes to our Website or any products or services we offer or provide through it. 
• Improve our Website, products or services, marketing, or customer relationships and experiences. 
• Allow you to participate in interactive features, social media, or similar features on our Website. 
• Measure or understand the effectiveness of the advertising we serve to you and others, and deliver relevant advertising to you. 
• In any other way we may describe when you provide the information. 
• For any other purpose with your consent. 

 

XYMOGEN may also use your information to contact you about goods and services that may be of interest to you, as permitted by law. If you do not want XYMOGEN to use your information in this way, please opt out of these marketing (i) e-mails by clicking the unsubscribe link on the footer of the e-mail or (ii) text messages by replaying “STOP.” 

 

 

(E) DISCLOSURE OF YOUR INFORMATION

 

We may disclose the personal information we collect, or you provide, as described in this Policy: 

 

• To our subsidiaries and affiliates. 
• In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of XYMOGEN's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by XYMOGEN about our customers and users is among the assets transferred. 
• To contractors, service providers, and other third parties we use to support our business who are contractually obligated to keep personal information confidential and use it only for the purposes for which we disclose it to them. They are further contractually obligated to process the personal information with the same standards set out in this Policy. 
• To fulfill the purpose for which you provide it. 
• For any other purpose disclosed by XYMOGEN when you provide the information. 
• With your consent. 
• Any other types of third-party disclosures. 

 

We may also disclose your personal information: 

 

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law. 
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of XYMOGEN, its customers, or others, and may include, but may not be limited to, exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 

 

We reserve the right to disclose aggregated information about our users, as well as information that does not identify any individual, without restriction. 

 

 

(F) TRANSFERRING YOUR PERSONAL INFORMATION

 

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this Policy and applicable Canadian privacy legislation. 

 

You are welcome to contact us to obtain further information about XYMOGEN’s policies regarding service providers outside of Canada. 

 

By submitting your personal information or engaging with the Website, you consent to this transfer, storage, or processing. 

 

 

(G) DATA SECURITY

 

The security of your personal information is very important to us. XYMOGEN uses physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers. Any payment transactions will be encrypted using SSL technology.   

 

The safety and security of your information also depend on you. Where XYMOGEN has given you, or where you have chosen, a password for access to certain parts of our Website, you are responsible for keeping that password confidential. XYMOGEN asks you not to share your password with anyone. Moreover, XYMOGEN urges you to be careful about giving out information in public areas of the Website, such as message boards, which any Website visitor can view. 

 

Unfortunately, the transmission of information via the Internet is not completely secure. Although XYMOGEN does its best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. XYMOGEN is not responsible for the circumvention of any privacy settings or security measures contained on the Website.  

 

 

(H) DATA RETENTION

 

Except as otherwise permitted or required by applicable law or regulation, XYMOGEN will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances, XYMOGEN may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.  

 

 

(I) CHILDREN UNDER THE AGE OF 13

 

XYMOGEN’s Website is not intended for children under thirteen (13) years of age. No one under the age of thirteen (13) may provide any information, including personal information, to or on our Website. XYMOGEN does not knowingly collect personal information from children under the age of thirteen (13). If you are under the age of thirteen (13), do not (i) use our Website or any of its features, (ii) provide any information on this Website, (iii) register on the Website, (iv) make any purchases through the Website, (v) use any of the interactive or public comment features of this Website, (vi) or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under the age of thirteen (13) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of thirteen (13), please contact XYMOGEN at regulatory_affairs@xymogen.com. 

 

 

(J) ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

 

It is important that the personal information XYMOGEN holds about you is accurate and current. Please keep us informed if your personal information changes. By law, you have the right to request access to and to correct the personal information that we hold about you. 

 

One way you can review and change your personal information is by logging into the Website and visiting your account profile page. 

 

If you want to review, verify, correct, or withdraw consent to the use of your personal information you may also send us an email at Info@xymogen.com to request access to, correct, or delete any personal information that you have provided to us. XYMOGEN cannot delete your personal information except by also deleting your user account. XYMOGEN may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.  

 

XYMOGEN may request specific information from you to help us confirm your identity and your right to access what is said to be your personal information and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If XYMOGEN cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. 

 

If you are concerned about our response or would like to correct the information provided, you may contact our customer service team at Info@xymogen.com and a team member will respond as soon as possible. If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. 

 

 

(K) WITHDRAWING YOUR CONSENT

 

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at Info@xymogen.com. Please note that if you withdraw your consent, XYMOGEN may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.  

 

Additionally, XYMOGEN provides users an opportunity for any user to unsubscribe or opt-out of contact for marketing purposes on an ongoing basis by accessing our Website, using the unsubscribe mechanism at the bottom of our e-mails, or emailing Info@xymogen.com. 

 

 

(L) CONTACT INFORMATION AND CHALLENGING COMPLIANCE

 

We welcome your questions, comments, and requests regarding this Policy and our privacy practices. Please contact us at:  

 

• 6900 Kingspointe Pkwy, Orlando, FL 32819  
• Info@xymogen.com  
• (800) 647-6100 

 

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this Policy, and with applicable privacy laws. To discuss our compliance with this Policy please contact us using the contact information listed above.