PRIVACY POLICY

Last updated: October 21, 2016

American Excelsior Company (“AEC,” “We,” “Us” or “Our,” as applicable) is committed to respecting the privacy rights of visitors to the websites operated by AEC and its affiliated companies, including without limitation www.americanexcelsior.com, www.curlex.com, www.erosionworks.com and www.erosionlab.com and all sub-domains thereof (collectively, “Sites”). You can visit most pages on our Sites without giving us any information about yourself, but sometimes we need information to provide information or services requested by you.

This Privacy Policy serves as the basis for our collection, use, and disclosure of your personal information in our business and third-party relationships. This Privacy Policy is intended to comply with privacy laws applicable to AEC, its affiliated companies and the operation of the Sites. This Privacy Policy, however, does not cover AEC‘s or its affiliated companies’ offline privacy practices. By viewing or accessing the Sites, you agree to be legally bound and to comply with the terms set forth in this Privacy Policy.

1. INFORMATION COLLECTED. We may collect from you Personal Information and non-personally identifiable information. For purposes of this Policy, “Personal Information” means
(i) first name or first initial and last name,
(ii) email address,
(iii) physical or postal address,
(iv) telephone number,
(v) credit card information (from the Store section of the Sites),
(vi) primary job role, and
(vii) any other information that is unique to an individual, including information that can be used to uniquely identify, distinguish or trace an individual’s identity.

Anything that is not Personal Information is “non-personal information” for purposes of this Policy.

Personal Information is collected when users voluntarily submit information on the Sites by
(i) establishing a customer or user account,
(ii) requesting information,
(iii) purchasing our products or services,
(iv) accessing and using our web-based software,
(v) receiving electronic notices or other similar communications, and
(vi) other similar activities.

We may also collect Non-Personal Information (e.g., age, gender, pages most frequently accessed by you or search terms used) and we may anonymize and aggregate data collected through the Website so that it does not contain any Personal Information (“Aggregate Information”). Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information (e.g., the number of people who logged into the Sites in a particular day). Aggregate Information does not personally identify a specific user.

We will establish minimum and maximum retention periods based upon the type of information collected (i.e. sensitivity), the intended purposes and as otherwise may be legally required. For example, AEC will purge your customer data no more than one (1) year after your deactivation of a service. We will not routinely update Personal Information unless such process is necessary to fulfill the purposes for which the information was collected. For example, we may update the Personal Information in your account to add any records or data generated by your use of our ErosionWorks® software (both on-line and by remote access) so that those records are stored and archived for future use.

2. SECURITY: AEC maintains commercially reasonable safeguards to ensure the security, integrity, and privacy of the Personal Information provided by you. Such security safeguards are intended to be appropriate to the sensitivity of the Personal Information collected. To the extent AEC transfers any Personal Information to third-parties; AEC will use commercially reasonable
efforts to assure that such third-parties to whom we may transfer any Personal Information have knowledge of our Privacy Policy and provide sufficient protection of such Personal Information. In particular, to make a purchase via the Store, AEC requires that a secure session be established using Secure Socket Layer (SSL), which encrypts information you submit to us through use of the Sites.

3. COOKIES AND WEB BEACONS: The Sites may utilize standard technologies (such as a “cookie” or “web beacon”) to collect information about how the Site is used. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide certain features. A “web beacon” is an object that is embedded in a web page or email and is usually invisible to the user but allows checking that a user has viewed the page or email. Cookies and web beacons do not collect Personal Information, only Aggregate Information, and we do not combine Aggregate Information collected through cookies or web beacons with other Personal Information to determine your identity. The Sites can access the Aggregate Information only from a cookie or web beacon sent by the Sites.
We cannot access other cookies sent by other websites or the information contained therein.

Additionally, we cannot learn your email address through the use of a cookie or web beacon; however, we will collect an IP Address from all visitors to the Sites, which is a number that is automatically assigned to your device when you use the Internet. We use IP addresses and web beacons to improve and maintain the Sites and deliver targeted content to users. Cookies and web beacons allow us to customize your experience when you are visiting the Sites. By tracking usage, we can determine what features of the Site may best serve users.

You may refuse to accept cookies by activating the settings on your browser to refuse cookies. If you choose not to accept cookies, you will still be able to use the Sites but you may be unable to access certain areas, such as ErosionWorks® login.

These Sites do not respond to Do-Not-Track signals.

4. USE OF INFORMATION: Your privacy is important to us. Certain Personal Information (such as records generated by your use of ErosionWorks® software and stored on our Site servers) will be saved for future reference. We may use information provided by you, for example, to
(i) provide a service,
(ii) enable your use of our web-based software
(iii) ensure proper billing,
(iv) measure consumer interest in our various products and services,
(v) inform you about various products and services offered on the Sites (including third-party),
(vi) and other various marketing offers and promotions.

By providing information using the Sites, You warrant to AEC that Your Personal Information is reliable for its intended uses, accurate, complete and correct and that you will promptly notify use if such Personal Information is no longer current or correct.

5. NO DISTRIBUTION. As a general policy, AEC does not share, sell, trade, or otherwise, disclose Personal information with third parties except as set forth in this Privacy Policy. We may, however, provide Personal Information to third parties directly involved in the operation, performance, support or maintenance of the Sites and the sale, distribution, installation, use, maintenance and support of each product or service offered on the Sites, including our web site designers, hosts, service providers, technical consultants and business partners, as well as our authorized distributors. Any Personal Information, however, will be used by such organizations only to perform their functions and/or to provide services in support of the Sites or our products and services, or as otherwise approved by you and for no other purpose.

We reserve the right to assign or transfer Personal Information to any successor-in-interest to our business associated with the Sites or any of our products and services offered on the Sites by merger, reorganization, sale of assets or operation of law. We also may divulge Personal Information if such information is required for us to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or if we reasonably believe that you have committed unlawful acts or acts that may endanger the health or safety of another user or of the general public.

6. OPT-OUT/OPT-IN: AEC provides customers with an easy means to provide (opt-in) and withdrawal (opt out) consent to our use of Personal Information (such as “check the box” on login screens or unsubscribe notices on e-mail offers). If you do not want AEC to send you any e-mail or postal mail about our products and services or otherwise continue to use your Personal Information for the limited purposes stated in this Privacy Policy (or otherwise at the time of collection of such information), please contact our Privacy Officer as set forth below. Please note that it may take 4 to 10 business days to fulfill your requests. Please note that certain portions of the Sites (such as ErosionWorks® software) may not be accessible to you or otherwise operate if you elect to not “opt-in” or to “opt-out”.

7. CHILDREN: AEC does not knowingly solicit data from children or knowingly market to children. AEC is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act of 1998, we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is reasonably practical.

8. LINKED INTERNET SITES: You should be aware that other Internet sites to which you hyperlink from the Sites may contain privacy statements that differ from our Privacy Policy. AEC encourages you to read and understand such privacy policies and terms of use of any linked sites accessed by you. If you decide to access such linked sites or provide any personal information to such linked sites, you do so entirely at your own risk. AEC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

9. MISCELLANEOUS TERMS: No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of AEC to intercept or access transmissions or private communications unlawfully. If you choose to visit the Sites, your visit and any dispute over privacy is subject to this Privacy Policy, including but not limited to limitations of damages and application of the law of the State of Texas. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AEC OR ITS AFFILIATES, DISTRIBUTORS, CONTRACTORS AND CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE SITES, EVEN IF AEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE EXCLUSIVE REMEDIES PROVIDED UNDER THIS PRIVACY POLICY FAIL OF THEIR ESSENTIAL PURPOSE.

10. EFFECTIVE DATE AND CHANGES: We will periodically modify our Privacy Policy so that it remains relevant and current with changing technologies, applicable laws, evolving business practices, and the needs of our customers. When we do, we will revise the updated date at the top of this page. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the Personal Information you submit and we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications. Your continued use of the Sites following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

11. CONTACTING US: We welcome your feedback. If you have any comments or questions about this Privacy Policy, the practices of the Sites, or your dealings with the Sites, please contact us at:

By mail: Privacy Officer
American Excelsior Company
850 Avenue H East
Arlington, Texas 76011

By email: privacyofficer@americanexcelsior.com

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