Last updated: June 1, 2017
Wixal is committed to respecting the privacy rights and concerns of all users of its Services. As such, we have established and implemented this Policy to inform users of our Services and visitors to our website how we use and protect the information we collect through our Services. By using any of our Services or accessing our website, you consent to Wixal’s collection, use, storage, deletion and disclosure of information relating to you as set forth in this Policy. The terms of this Policy apply to information collected from you unless different terms are specified as part of a special offer or in another form or contract we provide you.
1. What We Collect
This Policy explains Wixal’s policy regarding the collection, use, storage, deletion and disclosure of Personal Information. “Personal Information” is information that can be directly associated with a specific person or entity such as a customer’s name, address, telephone number, e-mail address, credit card number or information about activities directly linked to that person, such as his or her purchases. Personal Information also includes information that you may choose to provide to us, such as information concerning your real estate listings. Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or customers, from which individual customer identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no Personal Information will be included in the resulting data. Likewise, information about the products or services you use or purchase may be collected and combined with information about the products and services used or purchased by others, but no Personal Information will be included in the resulting data. Aggregate data helps understand trends and customer needs so that new services and products can be considered and so existing services and products can be tailored to customer desires.
We obtain Personal Information in a range of ways:
Information You Give Us. We collect your name, postal address, e-mail address, phone number, payment information as well as other information you directly give our representatives or provide to us via our website for the initiation of Services.
Information We Get from Others. We may get information about you from other sources, such as from providers of e-mail based marketing. We may add this to information we obtain directly from you or from our website.
Information Automatically Collected. We automatically log information about you and your computer. For example, when visiting our website, we log your number of visits and information about your use of and actions on our website.
2. Use of Personal Information
We use your Personal Information in order to:
- Communicate with you and provide you with Services, depending on the Services which you request; this includes alerting you of new products or services, features, or enhancements to the Services;
- Verify your identity; handle your customer service questions or issues; request feedback; process transactions; and notify you of promotions, updates or special offers that we think may interest you;
- Keep track of your interactions with us, including, but not limited to, your activity within the Services;
- Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
Except as set forth in this Policy, or unless we have your consent, we will not share your Personal Information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain the data we require to perform Services and perform technology and related services.
3. Sharing of Personal Information
We may also share the Personal Information we collect from you under the following circumstances:
- Service Providers. We may share your Personal Information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing and storing information on our and your behalf. Additionally, we may partner with other companies to process, analyze or store data. While providing services for us, these companies may access your Personal Information. To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures.
- Protection of Rights. We will share Personal Information if we have a good faith belief that: (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation or legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities; (ii) such action is appropriate to enforce our Terms of Service, including any investigation of potential violations thereof; (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services; or (iv) such action is appropriate to protect the rights, property or safety of Wixal, its employees, users of the Services or others.
- Asset Transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Wixal’s assets, user information, including Personal Information collected from you through your use of the Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email or a prominent notice through the Services.
4. Aggregate Information
Wixal appreciates the importance of safeguarding the privacy of your Personal Information that may be provided to us. However, Wixal does use and disclose de-identified aggregate information for the purposes of evaluating and improving our Services. Wixal may also choose at its sole discretion to transfer, sell, provide or share such information with third parties, including to Wixal’s business partners for commercial purposes, and by providing any information to Wixal you consent to such provision of de-identified aggregate information to any third party.
5. Videos and Website
Videos and website produced through Wixal’s Services will be made available to you via internet links, including without limitation by e-mail. If you reveal this link, send this e-mail to third parties, or otherwise provide access to or distribute the videos or websites, such third parties will have full access to such videos and websites, as well as any confidential or Personal Information on such videos or websites. As such, you should have no expectation of confidentiality in videos, websites or other material if you have revealed them to third parties. You agree that Wixal shall not be responsible for any loss or damage incurred as the result of your sharing of any videos, websites or other material with any third parties. Videos and websites that are publicly available may also be posted and made available to the public on Wixal’s website.
6. Do Not Track
Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. Our website does not currently respond to these “do-not-track” signals.
Our website and Services are not intended for or designed to attract children under the age of 13. Moreover, we do not knowingly collect any personally identifiable information from anyone under the age of 18 without the consent of a parent or guardian, and you must be 18 years of age or older to submit information to Wixal. Should you believe that a minor of whom you are a parent or guardian has incorrectly submitted information to Wixal, please contact us and we will make reasonable efforts to remove all personally identifiable information related to the minor.
8. Control of Your Information
You may update or delete your Personal Information by contacting us. Please note that if you disable your account, we will keep your contact information on file, and may retain other account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.
9. Security Measures
The Personal Information that you provide to us is protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to Personal Information to Wixal employees, independent contractors and agents who need to know this information in order to provide, develop, operate and maintain the Services. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Services, and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems. In the event that Personal Information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.
You agree that, in the event any dispute or claim arises out of or relating to this Policy, you and Wixal will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in San Francisco, California, with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
11. Information Choices and Changes
Our marketing e-mails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include e-mails about your accounts and our business dealings with you.
You may send requests about Personal Information to our Contact Information below. You can request to change contact choices and update your Personal Information.
Wixal reserves the right to change this Policy at any time, but will alert you that changes have been made by indicating at the top of the Policy the date it was last updated. We encourage you to review our Policy to make sure you understand how your information will be used.
12. Contact Information
We welcome your comments or questions about this Policy. You may also contact us at our address:
c/o Jum Mum, Inc.
1684 San Miguel Drive
Walnut Creek, California 94596
Phone: (925) 683-1642