CLAIMYOUREXCELLENCE.COM PRIVACY POLICY
-- IMPORTANT -- PLEASE READ
LAST UPDATED: September 26, 2009
This Privacy Policy ("Privacy Policy") describes the commitment to
your privacy on the part of Claim Your Excellence, LLC (referred to as
"CYE," "we" and "us").
PERSONS OR PARTIES COVERED
This Privacy Policy applies to all visitors to any CYE owned website
(the "Website"), all subscribers to CYE-sponsored lists and/or
newsletters (whether paid or unpaid), all members and/or affiliates of
memberships or membership sites sponsored by or owned by CYE (whether
paid or unpaid), all affiliates of any site sponsored or owned by CYE
(whether paid or unpaid), and all customers that purchase products
and/or services via the Website or otherwise from CYE. Persons
who visit or view the Website, whether intentionally or
unintentionally, whether solicited or unsolicited, are referred to
herein as "Visitors" and are subject to this Privacy Policy.
Subscribers to CYE-sponsored lists and/or newsletters are referred to
herein as "Subscribers" and are subject to the Privacy Policy. Persons
who join an organization or marketing endeavor (e.g. "affiliates")
promoted by and through the Website, or otherwise by CYE are referred
to herein as "Members" and are subject to this Privacy Policy.
Individuals that order, attempt to order or receive products
and/or services that are sold, advertised on or delivered from the
Website, or otherwise by CYE, even at no cost, are referred to herein
as "Customers" and are subject to this Privacy Policy.
If you are a resident of the State of California and would like to
opt-out from the disclosure of your personal information to any third
party for marketing purposes, please contact us directly
(allan@claimyourexcellence.com).
Please be advised that where California residents opt-out from
permitting their personal information to be shared, such individuals
may still receive selected offers directly from us, in accordance with
the law.
MINORS
We do not knowingly collect information from individuals under eighteen
(18) years of age, or persons who are otherwise covered by the
provisions of the Children's Online Privacy Protection Act of 1998, as
amended ("COPPA"). No information should be submitted to, or
posted at, the Website by individuals under eighteen (18) years of age.
We encourage parents and guardians to spend time online with
their children and to participate and monitor the interactive
activities of their children.
VIEWING, USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE
TERMS OF THIS PRIVACY POLICY
Acceptance of the terms of this Privacy Policy is a portion of the
consideration required for your right to visit the Website. If
you do not accept the terms of this Privacy Policy in their entirety,
you have no right to visit the Website.
ABOUT THE PERSONAL INFORMATION CYE COLLECTS AND HOW IT IS USED
CYE routinely collects information about Visitors, Subscribers,
Members and Customers. This information is obtained in
various ways, such as:
VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER INFORMATION OBTAINED FROM
REGISTRATION
For purposes of this Privacy Policy, "Registration" means that the
Visitor, Subscriber, Member or Customer, as applicable, takes active,
positive steps to communicate information to CYE. This can
include, without limitation, where the individual: (a) registers for a
newsletter or subscribe to a mailing list; (b) participates in Visitor
surveys; (c) participates in promotions, contests and/or sweepstakes
offered by CYE; (d) requests information from CYE via an online form,
email, mail or courier; (e) joins, or attempts to join, an affiliate
program or other membership organization sponsored by CYE; and/or (f)
orders a product through the Website or otherwise from CYE.
The information that you must supply in connection with Registration
(as further described below) may include, without limitation, some or
all of the following: (i) your full name; (ii) company name; (iii)
e-mail address; (iv) mailing address (and billing address if
different); (v) home telephone number; (vi) work telephone number;
(vii) telecopier number; (viii) credit card information; and/or (ix)
any other information requested on the applicable Registration form.
VISITOR EMAIL INQUIRIES
Website Visitors that wish to communicate with CYE do so under the
following conditions: (a) they give their permission to be contacted by
CYE; and (b) they are subject to any 'submission' provisions contained
in the CYE Terms of Use, CYE Purchase Agreement and/or this Privacy
Policy. The email address that you use in connection with your
inquiry shall be added to the CYE database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a Customer and you send an email to CYE, or if you
communicate with CYE by phone or U.S. mail, CYE shall collect
information about your communication and by communicating with CYE, you
give your permission for CYE to collect, archive, retrieve and
otherwise use any information collected as CYE sees fit.
Any communication which, in its sole discretion, CYE deems to be a
testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR
CUSTOMER SURVEYS
Unless otherwise specified in the survey, you must assume that any
information provided to CYE as part of a survey in which you
participate may be used as set forth hereinbelow.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND COOKIES
We may collect certain non-personally identifiable information
about you when you visit many of the sections of the Website.
This non-personally identifiable information includes, without
limitation, the type of browser that you use (e.g., Netscape, Internet
Explorer), your IP address, the type of operating system that you use
(e.g., Windows or Mac OS) and the domain name of your Internet service
provider (e.g., America Online, Earthlink). We use the non-personally
identifiable information that we collect to improve the design and
content of the Website and to enable us to personalize your Internet
experience. We also may use this information in the aggregate to
analyze Website usage, as well as to offer you products and services.
We also reserve the right to use aggregate or group data about our
Visitors for any and all lawful purposes. Aggregate or group data is
data that describes the demographics, usage and/or characteristics of
our visitors as a group. By visiting and/or supplying your personal
information at the Website, you agree to allow us to provide such
aggregate data to third parties.
"Cookies" is web jargon for bits of computer code placed on your hard
drive. The Website uses cookies to keep you 'logged in,' to keep
track of search criteria, to monitor use, to password protect use of
the Website and/or to track use of products and/or services sold by and
through the Website. Even in the case where a Visitor rejects a
cookie, they may still use our Website. The only drawback to this
is that the Visitor may be limited in what he/she can access in some
areas on our Website. Cookies can also be used to obtain
information about your computer configuration or your use of your
computer. To find out more about cookies, including how to
disable and/or remove cookies, please visit www.cookiecentral.com.
HOW YOUR INFORMATION MAY BE USED
The personal information that you submit to us remains your property,
but by submitting such information to us you grant us the right,
subject to applicable state and federal law, to use the personal
information (other than credit card information) for marketing
purposes. Without limiting the generality of the foregoing, we
reserve the right to share, sell, rent, lease and/or otherwise
distribute any and all personal information with/to any third-party for
any and all uses permitted by this Privacy Policy and applicable law.
These third parties may include, but shall not be limited to: (a)
providers of direct marketing services and applications, including
lookup and reference, data enhancement, suppression and validation; (b)
e-mail marketers; (c) telemarketers (where permitted by applicable
law); (d) SMS text-based marketers (where permitted by applicable law);
and (e) direct marketers. We may also use your personal
information for any promotion-related purpose, and/or marketing and
survey purpose, on our own behalf and on behalf of our affiliates and
subsidiaries. We may disclose personal information to third-party
agents and independent contractors that help us create and/or operate
any promotions, surveys or other offerings. You agree that we may
contact you at any time with updates and/or any other information that
we may deem appropriate for you to receive in connection with your
continued use of the Website and any and all offerings made available
therein, or otherwise by CYE.
We are able to offer our products and services to you, in part,
based on your willingness to be reached by our third-party advertisers.
Your personal information (other than credit card information)
will be shared with advertisers on an aggregate and non-aggregate
basis. We also use contact information from your personal
information to send you information about us, our products and services
and to contact you about your billing account status. Please
keep in mind, though, that we do not control, and are not responsible
for, the practices of our third-party advertisers. If you wish to
stop receiving future communications from us and/or third party
advertisers, or if you wish to prevent the transfer and/or sale of your
personal information to third parties (subject to restrictions
contained in applicable state and federal law), please see the
Opt-Out/Unsubscribe section below.
You agree that by submitting your personal information to CYE, you
agree to receive e-mail marketing from CYE and our third-party
advertisers. In addition, you agree that such act constitutes a
purchase, an inquiry and/or an application for purposes of the Amended
Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). With
respect to the ATSR, and notwithstanding that your telephone number may
be listed on the Federal Trade Commission's Do-Not-Call List, we retain
the right to contact you via telemarketing in accordance with the terms
of the ATSR.
In addition, by submitting your personal information to CYE, you agree
to receive mobile marketing including, but not limited to, text-message
based marketing, from us and our third party advertisers and marketers
(where, and to the extent that, such marketing is permitted by
applicable law). As such, notwithstanding that your mobile
telephone number may be listed on state and/or federal Do-Not-Call
registries, we retain the right to contact you via text-message based
marketing in accordance with applicable state and federal law.
Further, you agree that we reserve the right to share, sell,
rent, lease and/or otherwise distribute your mobile telephone and other
mobile data with/to any third-party for any and all non-marketing uses
permitted by this Privacy Policy and applicable law.
We reserve the right to release current or past personal information:
(a) in the event that we believe that the Website, and any products,
services or other offerings is/are being or has/have been used in
violation of this Privacy Policy, the CYE Terms of Use, CYE Purchase
Agreement, or to commit unlawful acts; (b) if the information is
subpoenaed; or (c) if any entity comprising CYE is sold or acquired.
Moreover, you hereby consent to the disclosure of any record or
communication to any third-party when we, in our sole discretion,
determine the disclosure to be appropriate including, without
limitation, sharing your e-mail address with other third-parties for
suppression purposes in compliance with the CAN-SPAM Act of 2003, as
amended from time to time. Visitors should also be aware that courts of
equity, such as U.S. Bankruptcy Courts, might have the authority under
certain circumstances to permit personally identifiable information to
be shared or transferred to third parties without permission.
We may also supplement the information we collect with information from
other sources to assist us in evaluating and improving the Website, our
products and/or services, and to determine your preferences so that we
can tailor the Website and our products and/or services to your needs.
CREDIT CARD INFORMATION
Notwithstanding the foregoing, we will not use your credit card
information for any marketing purposes, or transfer same to any third
party, other than as set forth in this paragraph. CYE may: (a)
transfer your credit card information to third party sellers where
necessary to effectuate the purchase of products and/or services that
you requested on the Website or otherwise from CYE; (b) disclose your
credit card information pursuant to a court order, litigation and/or
fraud investigation; and (c) share with third parties the fact that we
have credit card information on file for specific individuals.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH BANNERS, POPUPS OR
WEBSITE ADVERTISERS
The Website may contain third party provided banners, pop-ups,
hyperlinked advertising and links to other third-party owned and/or
operated websites. CYE is not responsible for the privacy practices
associated with such third party advertisers and/or websites. In
some cases, you may be required to provide certain information to
register or complete a transaction via such advertisers and/or at such
websites. These third-party websites and advertisers have separate
privacy and data collection practices and CYE has no responsibility or
liability relating to them. We do not endorse, nor are we
responsible for the accuracy of, the privacy policies and/or terms and
conditions of such advertisers and/or websites. These third party
entities are independent third parties and are not affiliated with us.
OPT-OUT/UNSUBSCRIBE
When you submit personally identifiable information to us at the
Website, you have opted-in to the sharing of your personal information
with third parties to receive marketing communications. When
contacted by any of these companies or third parties, you should notify
them directly of your choices regarding their use and sharing of your
information. To opt-out of having your information shared with
third parties, please contact us directly
(allan@claimyourexcellence.com). To stop receiving future e-mail
communications from CYE, please contact us directly
(allan@claimyourexcellence.com). CYE may maintain separate e-mail
lists for different purposes. If e-mail recipients wish to end
their e-mail subscription from a particular list, they need to follow
the instructions at the end of each e-mail message to unsubscribe from
the particular list. To unsubscribe from all CYE e-mail lists,
please contact us directly (allan@claimyourexcellence.com).
DATA SECURITY
All collected information is stored in a technically and physically
secure environment. When our registration/application process
asks users to enter sensitive information (such as credit card number),
and when we store and transmit such sensitive information, it is
encrypted and protected with SSL encryption software. While we
use SSL encryption to protect sensitive information online, we also do
everything in our power to protect sensitive information and other
personal information off-line. Unfortunately, no data
transmission over the Internet, or otherwise, can be guaranteed to be
100% secure. As a result, while we strive to protect your
sensitive information and other personal information, we cannot ensure
or warrant the security of any information that you transmit to us, and
you do so at your own risk.
Once we receive your transmission, we make reasonable efforts to ensure
its security on our systems. Access to this personal information is
strictly limited, and not accessible to the public. All of our
users' personal information, not just sensitive information, is
restricted in our offices. Only employees who need the information to
perform a specific job are granted access to personal information.
Our employees are dedicated to ensuring the security and privacy
of all CYE user personal information. Employees not adhering to our
written firm policies are subject to disciplinary action. In
compliance with applicable federal and
state laws, we shall notify you and any applicable regulatory agencies
in the event that we learn of an information security breach with
respect to your personal information. You will be notified via
e-mail in the event of such a breach. Please be advised that
notice may be delayed in order to address the needs of law enforcement,
determine the scope of network damage, and to engage in remedial
measures.
CONTACT US
If you have any questions regarding this Privacy Policy, or would like
more information on our privacy practices, please contact us at:
Claim Your Excellence, LLC
745 Country Drive
Ojai, CA 93023
USA
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
We reserve the right, in our sole discretion, to change, modify, add
and/or remove portions of this Privacy Policy at any time. All
Privacy Policy changes will take effect immediately upon their posting
on the Website. Please check the Website periodically for any changes.
Your continued use of the Website and/or acceptance of our e-mail
communications following the posting of changes to this Privacy Policy
will constitute your acceptance of any and all changes.