This content use policy applies solely to ELUXR's collection of information through the ELUXR websites and ELUXR's use and disclosure of such information. It does not apply to any of the following: (a) ELUXR's collection of information through any website other than the ELUXR websites, or the use or disclosure of any information so collected; (b) ELUXR's collection of information offline, for example, by telephone or direct mail, or the use or disclosure of any information so collected; or (c) the collection, use or disclosure of information by any of our subsidiaries or affiliated entities or any third party.
ELUXR websites include information, data, text, photographs, graphics, video, messages, tags, or other materials (Content) from many people and entities, and such Content is the sole responsibility of the person or entity that provided it. This means that each user is entirely responsible for all Content that it emails, transmits or otherwise makes available while using the ELUXR websites (including third party service integrations that it enables through the ELUXR websites), and for the consequences of its actions (including any loss or damage which ELUXR may suffer) by doing so. ELUXR does not claim ownership of such Content and each user agrees that ELUXR may use, distribute, syndicate, reproduce, modify, adapt, publicly perform and publicly display such Content solely for the purpose of providing ELUXR’s products and services. However, user agrees and understands that ELUXR may not be able to (and has no obligation to user) to restrict any use of user’s Content by any other person, including other users, and that ELUXR has no control of user’s Content provided by or to the third party services that user authorizes or enables.
ELUXR controls and operates the ELUXR websites from its offices located in the State of New York, in the United States of America, and the ELUXR websites are not intended to subject ELUXR to the laws or jurisdiction of any state, country or territory other than those of the United States. ELUXR makes no representation or warranty that any ELUXR website, in whole or in part, is appropriate or available for use in other locations. Those who choose to access the ELUXR websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable. Because our business changes continually, we reserve the right to change this User Guide without prior notice. User can determine when this User Guide was last revised by referring to the "LAST UPDATED" legend at the top of this page. Any changes to this User Guide will become effective upon posting of the revised User Guide on the Internet, accessible through the ELUXR websites. User’s continued use of the ELUXR products and services following the posting of changes to our User Guide will signify user’s acceptance of those changes.
THE INFORMATION WE COLLECT. We collect two basic types of information through the ELUXR websites: Personally Identifiable Information and Non-Personally Identifiable Information. "Personally Identifiable Information" (or PII) is information that identifies a user as an individual or entity — for example, user’s name, address, telephone number, email address, credit card information, billing address and shipping information. "Non-Personally Identifiable Information" (or Non-PII) is aggregated information, demographic information, IP addresses and any other information that does not reveal a user’s specific identity.
1. PERSONALLY IDENTIFIABLE INFORMATION (PII). User does not have to provide PII to access the ELUXR websites. However, in order for user to take advantage of particular opportunities provided through the ELUXR websites (for example, to register for an account with ELUXR, to make a purchase through a ELUXR website, to sign up to receive ELUXR email newsletters, or to make a payment to a ELUXR account through a ELUXR website), we may require that user furnish us with PII through the ELUXR websites. ELUXR will collect PII from each user through the ELUXR websites only when a user provides it to us voluntarily.
2. NON-PERSONALLY IDENTIFIABLE INFORMATION (NON-PII). When a user visits and interacts with the ELUXR websites, we and our third party and affiliated service providers who provide certain services (including without limitation website hosting, data analysis, newsletter services, order fulfillment, and other services of an administrative nature) (such third party and affiliated service providers, our Service Providers) may collect Non-PII (for example, a list of the ELUXR website pages a user visits). Non-PII is generally collected from four different sources: server log files, cookies, pixel tags, and information that user voluntarily provides.
• SERVER LOG FILES. A user’s Internet Protocol (IP) address is an identifying number that is automatically assigned to user’s computer by its Internet Service Provider (ISP). This number is identified and logged automatically in our and/or our Service Providers' server log files whenever user visits the ELUXR websites, along with the time(s) of user’s visit(s) and the page(s) that user visited. We use user’s IP address, and the IP addresses of all users, to calculate usage levels on the ELUXR websites, to help diagnose problems with the ELUXR websites' servers, and to administer the ELUXR websites. We also reserve the right to use IP addresses to communicate with users and, if necessary, to block access by users who fail to comply with our User Guide or other policies. Collecting IP addresses is standard practice on the Internet and IP addresses are collected automatically by many websites.
• PIXEL TAGS. We and our Service Providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some ELUXR website pages and HTML-formatted email messages to, among other things, compile aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on 'visitors' hard drives. Pixel Tags allow us and our Service Providers to count users who have visited certain pages of the ELUXR websites, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
• OTHER NON-PERSONALLY IDENTIFIABLE INFORMATION THAT USERS VOLUNTARILY PROVIDE. We also collect certain Non-PII — for example, information about a user’s interests, geographic location, etc. — when a user voluntarily provides such information to us. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify a user of the ELUXR websites, for example, by using PII to calculate the percentage of our users who have a particular zip code or telephone area code. Such aggregate information is deemed to be Non-PII for purposes of this User Guide.
HOW DO WE USE THE PII WE COLLECT? We may use the PII we collect in the following ways:
• RESPONDING TO USER INQUIRIES AND FULFILLING YOUR REQUESTS. We may use user PII to respond to inquiries to ELUXR and to fulfill user requests — for example, to send a user newsletters that user requests upon signing up to join our mailing lists, to send updates about ELUXR news and events, provide user PII to ELUXR Independent Sales Representatives when such user provides it to us for such purpose, or to provide user PII to other ELUXR users and their Affiliates when such user provides it to us for such purpose.
• COMMUNICATING WITH USER ABOUT PRODUCTS AND SERVICES. Subject to a user’s right to opt out, we may use user PII to send information about specials, new products and services, and other items that may be of interest to such user.
• PERSONALIZING A USER’S ELUXR website EXPERIENCE. We may use user PII to personalize such user’s experience on the ELUXR websites, for example, by presenting products and offers to such user through the ELUXR websites that we believe may be of interest to such user.
• SENDING ADMINISTRATIVE EMAILS. From time to time, at our sole discretion, we may use user PII to send emails (a) to confirm user’s registration with the ELUXR websites, (b) to confirm a transaction through the ELUXR websites, (c) to inform user that we have received user’s PII, (d) to provide user with information regarding the ELUXR websites, or (e) to inform user of changes to this User Guide, or our other terms, conditions, or policies (Administrative Emails). Because this information may be critical to user’s use of the ELUXR websites, a user may not opt out of receiving Administrative Emails.
TO WHOM DO WE DISCLOSE THE PII WE COLLECT? We may disclose the PII we collect in the following ways:
• DISCLOSURE TO THIRD PARTIES. We may disclose user PII to third parties only when user affirmatively consents to such disclosure. However, we may disclose user PII to ELUXR Licensees and their Affiliates. For example:
• Disclosing user PII to ELUXR Independent Sales Representatives
• Facilitating Special Offers from Third Parties: From time to time, we may give a user the opportunity to opt in to participate in special third party offers that require us to share certain PII with such third parties. We will disclose this anticipated sharing of PII at the time we make such opportunities available to user. If a user opts in to participate in such an offer, we may disclose such user’s PII to such third parties for their direct marketing purposes. We recommend that users consult such third parties' privacy policies in advance if they wish to participate in these offers.
• ENABLING SERVICE\PRODUCTS PROVIDERS TO PROVIDE SERVICES\PRODUCTS. We may share user PII with Service\Products Providers for the purpose of enabling them to provide services\products. Although we seek to require our Service\Products Providers to treat PII confidentially, ELUXR is not responsible or liable for the statements, acts or omissions of such Service\Products Providers.
• FACILITATING SWEEPSTAKES, CONTESTS AND SIMILAR PROMOTIONS. We may, whether alone or in cooperation with third party sponsors, operate sweepstakes, contests and similar promotions (Promotions) through or in connection with the ELUXR websites. We typically ask users for certain PII when they enter or otherwise participate in a Promotion, and, if applicable, when they win a Promotion. We reserve the right to share this PII with affiliated and third party sponsors of such Promotions (Sponsors), or otherwise in accordance with the rules applicable to the Promotion. Users should carefully review the rules of each Promotion in which they participate through the ELUXR websites, as they may contain important additional information about our or Sponsors' use of user PII. To the extent that the terms and conditions of such rules concerning the treatment of user PII conflict with this User Guide, the terms and conditions of such rules shall control.
• FACILITATING "EMAIL A FRIEND" FUNCTIONALITY. If a user wishes to use a ELUXR website's functionality to send a friend a link to a ELUXR website page, the user must provide us with user’s name and email address, as well as user’s friend's name and email address, so that we may facilitate the sending of such link. User’s name and your email address will be disclosed to user’s friend in such email.
• BUSINESS TRANSFERS. We reserve the right to transfer any and all PII and Non-PII that we collect from users of the ELUXR websites to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of ELUXR's assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
• OTHER DISCLOSURES. Finally, notwithstanding any other provision of this User Guide, we reserve the right to disclose and use user PII if we believe that we are required to do so: (a) by law; (b) in response to legal process, for example, in response to a court order or a subpoena; (c) in response to a law enforcement agency's request; (d) to enforce the Terms and Conditions of Use or our other terms, conditions, or policies; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of ELUXR, the user or others; and/or (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about a user to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
HOW DO WE USE AND DISCLOSE THE NON-PII WE COLLECT? Because Non-PII does not personally identify a user, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.
OPERATORS OF THIRD PARTY SITES AND SERVICES. The ELUXR websites may contain links to websites operated by third parties, or may embed services operated by third parties (Third Party Sites/Services), and those third parties may have privacy practices that are different from ours. If a user provides information through any Third Party Site/Service, such information will be collected by, and may be used and disclosed by such third parties, in accordance with the privacy practices and policies of such third parties. ELUXR website users should consult such third parties' privacy policies when using Third Party Sites/Services, as we have no control over the use or disclosure of information by third parties.
SECURITY. We are aware of concerns regarding the privacy and confidentiality of PII. We have put in place certain physical, electronic and managerial procedures to help us safeguard against unauthorized access to PII and to help maintain data security. For example, we use an encryption technology called Secure Sockets Layer (SSL) to help protect the transmission of certain information to and from the ELUXR websites. Unfortunately, no data transmission over the Internet or data storage solution will be 100% secure. As a result, although we take steps to protect user PII, we cannot ensure or warrant the security of any information any user transmits to or receives from us or that we store on our or our Service Providers' systems.
Each user is ultimately responsible for maintaining the secrecy of such user’s user name, passwords and/or any account information. Users are not permitted by ELUXR to, and we recommend that users do not, disclose their usernames and passwords to any other person. If any user has reason to believe that such user’s interaction with an ELUXR website is no longer secure (for example, if a user feels that the security of such user’s ELUXR website username or password has been compromised), such user must immediately notify us of the problem by contacting us in accordance with the section entitled "CONTACTING US," below. (Note that contacting us by physical mail will delay the time it takes for us to respond to such communication.)
OPTING OUT OF CERTAIN ELUXR COMMUNICATIONS. If a user would prefer not to receive email messages from ELUXR about new products, specials and other items of interest, such user may opt out from receiving such messages by following the "unsubscribe" instructions contained in any such emails user has received, or, if user has registered with a ELUXR website, such user may use that ELUXR website's "modify account information" or similar functionality to opt out from receiving such messages.
CHILDREN. The ELUXR websites are not directed to individuals under the age of thirteen (13), and we request that such individuals not provide personally identifiable information, or PII, through the ELUXR websites.
BOT FRAMEWORKS. As previously noted, none of the foregoing applies to the bot frameworks powered by third party service providers. Users should consult the bot policy with respect to such frameworks.
CONTACTING US. If you have any questions regarding this Statement, please contact us either by email at info@ELUXR.com, or by regular mail at ELUXR LLC, 1441 Broadway, Suite 6015, New York, NY 10018. Please note that email communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.
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