American Excelsior Company (“AEC,” “We” or “Us”) 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 (the “Sites”). You can visit most pages on the our Sites without giving us any information about yourself, but sometimes we need information to provide information or services requested by you.
1. INFORMATION COLLECTED. We collect two types of information about users: “Personal Information” (such as name, email address, mailing address, phone, payment methods (billing account, credit card or debit card, etc.), personal preferences, software records and related data, and other account-related information) and “Aggregate Information” (such as information about how many users log on to the Sites on a daily basis). Personal Information is collected online when users voluntarily submit non-public personal information on the Sites by establishing a customer or user account, requesting information, purchasing our products or services, accessing and using our web-based software, receiving electronic notices or other similar communications and other similar activities.
Aggregate Information is non-personally identifiable/anonymous information about You, such as age, gender, pages most frequently accessed by You or search terms entered by You. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information (for example, the number of people who logged into the Sites in a particular day). Aggregate Information does not personally identify a specific user. We do not collect Your Personal Information indiscriminately, as both the amount and type of information collected will to the greatest extent possible be limited to that which is necessary to fulfill the intended purposes for which it is collected. Your Personal Information further will be retained only for fulfillment of the intended purposes for which such Personal Information is collected. 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 will routinely 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 to be available for future use.
To help us accomplish this, we take the following steps, and we require our third party service providers to take the following steps: (i) We employ internal access controls to ensure that the only people who see your information are those with a need to do so to perform their official duties; (ii) We train relevant personnel on our privacy and security measures; (iii) We physically secure the areas where we hold hard copies of the information that we collect online; (iv) We regularly back up the information that we collect online to insure against loss; (v) We use technical controls to secure the information that we collect online as appropriate, including but not limited to, Secure Socket Layer (SSL), encryption, firewalls, password protections; and (vi) We periodically test our security procedures to ensure personnel and technical compliance. Please note that all Personal Information stored on the Sites will be collected, stored and processed in the United States of America.
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. A “cookie” is a small text file placed on your hard drive by our web page servers. A “web beacon” is a object that is embedded in a web page or e-mail and is usually invisible to the user but allows checking that a user has viewed the page or e-mail. These 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 who You are or what Your e-mail address is. The Sites can access the Aggregate Information only from a cookie or web beacon sent by the Sites.
4. USE OF INFORMATION: Your privacy is important to us. We will use the Personal Information provided by You in accordance with good commercial practice and applicable law. 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 by you; provided that AEC has the right to view and use all data stored on its Site servers (including ErosionWorks® software). We may use information provided by You, for example, to provide a service, to enable your use of our web-based software and data generated thereby and stored on our Site servers, to ensure proper billing, to measure consumer interest in our various products and services and to inform You about various products and services offered on the Sites (including both our own products and the products of others). Also, if you provide Us with Your E-mail address, or have done so in the past, We may upon occasion send You e-mail offers.
These offers may be based on information provided by You in Your initial transaction with Us, in surveys, from information that may indicate purchasing preferences and product viewings, as well as information available from external sources such as census bureau data. These e-mail offers will come exclusively from AEC or its affiliated companies. All offers are carefully developed to ensure that they meet our standards. Our goal is to target offers to Site user who We believe will find them of value. The lists used to send You product and service offers are developed and managed under conditions designed to safeguard the security and privacy of Your Personal Information. 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 or trade Personal information with third parties without permission from the user; however, We may provide Your Personal Information to third parties directly involved in the operation, performance, support and/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 will use contractual or other mean to provide a comparable level of protection (t ours) while any Personal Information is being processed by these third parties. We reserve the right to assign or transfer Your 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. Aggregate information may at times be shared with AEC business partners and other third parties. 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 commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.
7. CORRECTIONS TO PERSONAL INFORMATION COLLECTED ONLINE. We want Your account (including without limitation, Your Personal Information and preferences) to be accurate and complete, but Your review and input of Your account are required. You may request to view the Personal Information collected about You through Your use of the Sites by accessing Your account or sending an e-mail to our Privacy Officer. If You send Your request by email, we will send such Personal Information (or a summary thereof) for review to the email address on file for the account name in our database only. If at any time You wish to change, correct or update Your Personal Information, or have it removed from our database, You may do so by accessing Your account. You also may submit a change request to our Privacy Officer by sending an email.
9. 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.