Privacy Policy

XDepth.com Online Privacy Policy

A. INTRODUCTION

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE CONTINUING TO USE OUR WEBSITE, SERVICES OR SOFTWARE. BY CONTINUING TO USE XDEPTH WEBSITE, SERVICES OR SOFTWARE, YOU WILL BE DEEMED TO HAVE ACCEPTED THIS PRIVACY POLICY.

This privacy statement was last updated on January 20, 2008. Trellis Management Co. Ltd., a British Virgin Islands corporation and its affiliates (collectively, "Trellis Mgmt") has created this privacy statement in order to disclose its information gathering and dissemination practices for this internet Website, www.xdepth.com (the "Website"). Upon reading this privacy statement, you will be informed regarding the following: (1) what personally identifiable information of yours or third party personally identifiable information is collected from you through the Website, (2) the organization collecting the information, (3) how the information is used, (4) with whom the information may be shared, (5) what choices are available to you regarding collection, use and distribution of the information, (6) the kind of security procedures that are in place to protect the loss, misuse or alteration of information under Trellis Mgmt's control, and (7) how you can access and correct any inaccuracies in the information collected about you.

Questions regarding this statement should be directed to the Trellis Mgmt site coordinator at www.xdepth.com/contact.php.

If you have any concerns or feel that there are certain problems or issues relating to compliance with the policies outlined in this privacy statement, please submit a report at www.xdepth.com/contact.php.

Word from Trellis Management

Trellis Mgmt has a strong commitment to providing superior service to all of our customers and visitors of this Website and particularly respecting your concerns about privacy. We understand that you may have questions about how this Website collects and uses information and we have prepared this statement to inform you of the privacy principles that govern the Website (the "Privacy Policy"). We will not sell or rent your personally identifiable information or a list of our customers to third parties. However, as described in more detail in Part C below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy.

This Privacy Policy contains numerous general and technical details about the steps we take to respect your privacy concerns. We have organized this Privacy Policy by major processes and areas so that you can quickly link to the information of most interest to you. The bottom line is that meeting your needs and expectations form the foundation of everything we do – including protecting your privacy.

Personal information on this Website is collected by Trellis Mgmt and if after reviewing this Privacy Policy you have any questions or privacy concerns please contact us at www.xdepth.com/contact.php.

Changes in Privacy Policy

Trellis Mgmt wants you to be always aware of what personal information we collect, how we use it and under what circumstances we disclose it. All personal information, as further described in Part B, that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. Trellis Mgmt reserves the right to change the Privacy Policy from time to time at its sole discretion, and will prominently post any material changes on the home page of the Website. You will be given the opportunity to opt-out. If as the result of such changes, you want to alter the ways in which Trellis Mgmt is allowed to use your personal information, you can do so by following the procedure described in the section "Personal Account" You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Website after such notice has been posted for thirty (30) days with the following exception: if at the time you provide personal information to Trellis Mgmt you limit how such information will be used to communicate with you, either by Trellis Mgmt or by third parties, Trellis Mgmt will not change your preference in this regard without your express consent. However, if Trellis Mgmt sells assets (or the assets of a division or subsidiary) to another entity, or Trellis Mgmt (or a division or subsidiary) is acquired by, or merged with, another entity, Trellis Mgmt may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent.

Third Party Websites

Trellis Mgmt does not control the information collection and distribution policies on Internet domains other than those Internet domains that are under the control of Trellis Mgmt itself. When you are on the XDepth Website, you may be directed to other sites that are beyond our control. These other sites may independently collect data, solicit personal information, or save or place their own "cookies" in your web browser. Trellis Mgmt is not responsible for any use of the information including click-stream data created when using such third party sites.

Trellis Mgmt has established relationships with various service providers whose services are available to you from this Site or from websites that are linked to this Website, including without limitation payment processing, order fulfillment and shipping. In order to use those services, you may be required to provide personal information to the providers of these services. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider's website will be subject to the privacy policy posted on such website, and personal information that you provide while on this Website in conjunction with a provider's service will be subject to this Privacy Policy. You should be aware that our agreements with these service providers often provide that they will share with Trellis Mgmt personal information collected from you. In such instances, Trellis Mgmt may use this information in a manner consistent with this Privacy Policy.

Legal Issues

This Website is a United Kingdom website but may be subject to the laws of various jurisdictions because our Website may be accessed via the internet traffic of different jurisdictions, including the United States of America. Trellis Mgmt will disclose personally identifiable information without your permission when required by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities in any way directed at or affecting Trellis Mgmt guests, visitors, associates, or property (including this Website), or to others. As mentioned above, laws related to personal identifiable information vary by country. For example, personally identifiable information collected in the European Union is subject to the EU Directives concerning personal data, privacy and electronic communications, including but not limited to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Trellis Mgmt may be required by law enforcement or judicial authorities to provide personally identifiable information to appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information upon receipt of the appropriate documentation. Trellis Mgmt may also provide information to law enforcement to protect its property and the health and safety of individuals as permitted by statute.

B. COLLECTED INFORMATION

Browsing

This Website does not collect personally identifiable information from your computer when you browse the Website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your email address, or any other personally identifiable information. When you request a page from our Website, our servers log the information provided in the HTTP request header, via JavaScript or similar technical tools, including the IP number, the time of the request, the URL of your request and other information. We collect such information in order to make our Website function correctly and provide you the functionality that you see on this Website, as our servers use this information to deliver to you the pages on this Website. We also use this information to better understand how visitors use our Website and how we can better tune our Website, its contents and functionality to meet your needs.

Information We Collect

As a visitor to this Website, you can engage in many activities without providing any personal information as described above in Section Browsing above. In connection with other activities, including without limitation purchasing any of the products and services available on the Website, participating in beta-testing of Trellis Mgmt's software, posting on the online forums, and requesting customer support, Trellis Mgmt may ask you to voluntarily supply us with certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities and/or make any purchases. If you elect to engage in these activities or make purchases, however, Trellis Mgmt may ask that you provide us personal information, defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including but not limited to your first and last name, mailing address (including ZIP code), email address, employer, phone number and other personal information. This information is requested in conjunction with the purchase, use and registration of our Products or Services.

You can decline this exchange of information at any time. However, if you choose to withhold requested information, we may not be able to provide you with some of the services dependent upon the collection of this information. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity or purchase, you will not be able to engage in that activity or make such a purchase.

Trellis Mgmt is the sole owner of the information it gathers on the Website. Trellis Mgmt will only share your information with outside parties in ways that are described in this privacy statement or if we are required to do so by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, cooperate with law enforcement agencies, or comply with a legal process served on our Website.

When you use the Website, Trellis Mgmt or third parties authorized by Trellis Mgmt may also collect certain technical and routing information about your computer to facilitate your use of the Website and its services. When you surf the Internet, your Internet browser (such as Mozilla Firefox or Microsoft Internet Explorer) automatically transmits some information to Trellis Mgmt every time you access content on one of our internet domains within the Website. Examples of such information include the URL of the Web page you were just on (known as the "Referer"), the IP (or Internet Protocol) address of the computer you are using, or the browser version you are using to access our site. All of this information may be collected by Trellis Mgmt and used to help improve our offerings to you.

We use such data to facilitate and track your use of the Website and its services. Trellis Mgmt also uses such data to measure traffic patterns on the Website. Without expressly informing you in each particular circumstance, we do not match such information with any of your personal information.

When you submit personal information to Trellis Mgmt through this Website, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Trellis Mgmt and its affiliates and subsidiaries operate. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of Trellis Mgmt. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.

Trellis Mgmt may establish relationships with various service providers whose services may become available to you from this Website or from other websites that are linked to this Website, as described in the section "Third Party Websites". In order to use those services, you may be required to provide personal information to the providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider's Website will be subject to the privacy policy posted on such site, and personal information that you provide while on this Website in conjunction with a provider's service will be subject to this Privacy Policy.

Personal Account

At your choice, you may create a personal account containing your personal information. A personal account is required for posting on the online forums on the Website, participating in beta testing of Trellis Mgmt's software, and submitting downloadable content to the Trellis Mgmt's online repository or image gallery. The security of this information is addressed in the  section "Security" below.

You can access, review and update your personal account information online via the Website. If you wish to deactivate your personal account, contact the Trellis Mgmt support team at www.xdepth.com/contact.php.

When you deactivate your personal account, all information stored and maintained as part of your account will be deleted from our servers, provided that the information may be retained by Trellis Mgmt for archival, backup and record purposes.

You have the right to access and change your personal information and privacy preferences at any time by logging into your personal account, where you can view and make changes to your personal information. You may also access and change your personal information and privacy preferences by contacting us at www.xdepth.com/contact.php.

Information Relating to Children

The Trellis Mgmt Website and any products or services available on that site are not directed at children under 13 years of age and, therefore, the Children's Online Privacy Protection Act ("COPPA") does not apply. However, we recognize that children under the age of 13 may access this Website, create personal accounts, purchase products and services, or download software programs. The collection of information is covered above. Parents and Legal Guardians may request from us to review, delete or stop the collection of the personally identifiable information of their child. You may do so in one of two ways. If you know the user name and password or email address, follow the instructions below regarding Choices Available to You or you may contact us at www.xdepth.com/contact.php.

Securing the Transmission and Storage of Information

Trellis Mgmt operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our users. Trellis Mgmt takes steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from our online products or services, and you use these services at your own risk.

We treat the information you provide to us as confidential information; it is, accordingly, subject to our company's security procedures and corporate policies regarding protection and use of confidential information. After personally identifiable information reaches Trellis Mgmt it is stored on a server with physical and electronic security features as customary in the industry, including utilization of login/password procedures and electronic firewalls designed to block unauthorized access from outside of Trellis Mgmt. Because laws applicable to personal information vary by country, our offices or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by this Privacy Policy is processed and stored in the United Kingdom and possibly other jurisdictions and also in other countries where Trellis Mgmt and its service providers conduct business. All Trellis Mgmt employees and consultants are aware of our privacy and security policies. Your information is only accessible to those employees who need it in order to perform their jobs.

C. USE AND DISCLOSURE OF INFORMATION

How Your Personal Information Is Used

Trellis Mgmt collects your information in order to record and support your participation in the activities you select. We will use your email address to send a confirmation and, if necessary, might use the other information to contact you for help to process the purchase or service you have selected. If you subscribe to a service or register a product, for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users. Your personal information is also used to keep you informed about new products, product upgrades, patches, special offers, and other products and services of Trellis Mgmt and selected third parties if you have so opted to receive such communications.

Trellis Mgmt may collect statistical information about the use of the Website, as described in the section "Information We Collect". This information is stored in an aggregate form, without identifying any user individually. Trellis Mgmt may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. Trellis Mgmt may collect information about the use of the Site, such as the types of services used and how many users we receive daily. This information is collected in aggregate form, without identifying any user individually. Trellis Mgmt may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

Trellis Mgmt recognizes and appreciates the importance of responsible use of information collected on this Website. Without your consent, Trellis Mgmt will not communicate any information to you regarding products, services, and special offers available from Trellis Mgmt or its affiliates, although we may find it necessary to communicate with you regarding your use of the services on this Website. Except in the particular circumstances described in this Privacy Policy, Trellis Mgmt will also not provide your name to other companies or organizations without your consent.

Disclosure of Information to Third Parties

Trellis Mgmt does use the services of third parties, such as hosting providers, shipping and payment processing companies that act as independent contractors on behalf of Trellis Mgmt. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose Trellis Mgmt specifies. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. We prohibit the sale or transfer of personal information to entities outside of the Trellis Mgmt's affiliates for their use without your approval.

Trellis Mgmt may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a subpoena, or other legal process. Trellis Mgmt may also disclose personally identifiable information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating this Privacy Policy, the terms of your agreements with the Company or to protect the safety of our users and the public or under confidentiality and licensing agreements with certain third parties which assist us in developing, operating and maintaining the Website and its content.

In the event that all or substantially all of Trellis Mgmt's stock and/or all or substantially all assets are transferred or sold to another entity, Trellis Mgmt may transfer personally identifiable information to the acquiring entity. If, as a result of such a business transition, your personally identifiable information will be used in a materially different manner, you will be given choice consistent with our policy regarding notification of changes.

Choices Available to You

You can always choose whether or not to disclose personally identifiable information and that choice will not prevent you from using the XDepth Website. Please note, however, if you should choose to withhold requested information, we may not be able to provide you with some of the services dependent upon the collection of this information.

To prevent Trellis Mgmt from collecting the statistical information about how you surf this Website, you may disable cookies and Javascript in your web browser. However, if you choose to do that, we will be unable to provide you with web-based services that require cookies, including without limitation, creation or updating of your personal account, posting messages on the online forums, sending messages via our contact forms, purchasing software and services.

To prevent Trellis Mgmt from knowing any personal information about you, you may choose not to create your personal account. However, in this case we will be unable to provide you with the services that require a valid personal account, including without limitation participation in beta testing of Trellis Mgmt's software, posting messages on the online forums, downloading and submitting downloadable content via Trellis Mgmt's software, or receiving important notifications sent by Trellis Mgmt.

If you choose to create your personal account, you may choose to fill in only the fields marked as mandatory.

If you have already created your personal account and do not wish us to keep using the information on account, you may choose to deactivate the account. If you choose to do so, we will be unable to provide you with services that require a personal account after your account is deactivated. The deactivation is performed upon request which you can send to us via www.xdepth.com/contact.php. After the account is deactivated, the information can be retained by Trellis Mgmt for archival, backup and record purposes.

To ensure that your request is honored, you must provide Trellis Mgmt with information sufficient for us to accurately identify and access your account. The information we require is your full name, address and the email address you provided to Trellis Mgmt when you created your account. Trellis Mgmt reserves the right to contact you to verify that we have accurately identified your record.

Email Communication

You can choose at anytime to opt out of receiving emails from Trellis Mgmt or from having your personally identifiable information shared with selected companies. If you want to opt out, you can do so by editing your preferences with respect to email or the sharing of information. If you elect to "opt out" we will not, as applicable, share your personal information with third parties or send you emails. However, we may continue to use your personal information for internal purposes, to enhance your user experience or as necessary to administer the site or comply with applicable law.

We reserve the right to send you emails related to Trellis Mgmt and/or XDepth.com website, software and services, including without limitation confirmation emails when you create or update your personal account, emails announcing the availability of new versions of Trellis Mgmt's software, and service alert emails to inform you of specific changes that may impact your ability to use a service you have previously signed up for. We also reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty and purchase agreements.

Trellis Mgmt is retaining these rights because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters that will be important to you. These rights do not allow us to contact you to market a new or existing service if you have asked us not to do so, and issuance of these types of communications is rare.

If you wish to opt out of receiving emails, the sharing or retention of any personal identification information, or otherwise change your personal preferences, you must contact Trellis Mgmt by email at www.xdepth.com/contact.php.

To ensure that your request is honored, you must provide Trellis Mgmt with information sufficient for us to accurately identify and access your records. The information we require is your full name, address and the email address you provided to Trellis Mgmt when you requested services or products. Trellis Mgmt reserves the right to contact you to verify that we have accurately identified your record.

Emails about Special Offers and Promotions and Opt-Out

It is our intention to only send you email communications that will be useful to you and that you want to receive. When you create a personal account with Trellis Mgmt and provide your email address, based on your personal preferences, we may periodically contact you via email and provide information about special offers and promotions that may be of interest to you. These communications will relate to Trellis Mgmt offers and/or the promotions of select, reputable third parties with whom Trellis Mgmt has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. We may use a third party email service provider to send emails. This service provider is prohibited from using your email address for any purpose other than to send Trellis Mgmt related email. If you do not wish to receive emails with updates and information please contact us at www.xdepth.com/contact.php. In addition, every time you receive an email you will be provided the choice to opt-out of future emails by following the instructions provided in the email. You may also opt-out online by updating your personal account with Trellis Mgmt.

Cookies

Our Website may use "cookie" technology. "Cookies" are short pieces of data generated by a web server that a website stores on a user's computer. Certain pages on our Website may require the use of a cookie for purposes of keeping information you enter on multiple pages together. Cookies also enable us to customize our Website and offerings to your needs and provide you with a better online experience with us. In addition, cookies are used to:

  • measure usage of various pages on our Website to help us make our information; more pertinent to your needs and easy for you to access;
  • identify and categorize the internet webpages from which the visitor came to the Website and observe the browsing patterns; and
  • provide functionality such as online orders, forums and other functionality that we believe would be of interest and value to you.

The types of cookies that we use are referred to as "session" cookies and "persistent" cookies. Session cookies are temporary and are automatically deleted once you leave the Website. Persistent cookies remain on your computer hard drive until you delete them. We do not use cookies to gather information concerning your visits to other websites, nor ascertain any personally identifiable information about you apart from what you voluntarily provide us in your dealings with Trellis Mgmt. Cookies do not, under ordinary circumstances, corrupt or damage your computer, programs, or computer files.

In addition, the service providers we use to serve and host our advertisements, and/or deliver our emails, use session and persistent cookies, to track the number of times the Website is accessed and whether the site was accessed from an advertisement. There are no cookies in the advertisement or email. A cookie is placed on your computer only if and when you click on an advertisement or open the email. The cookie generated from the advertisement or email does not contain any personally identifiable information and will remain on your hard drive until you delete it.

You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so may adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our Website.

D. PRIVACY-RELATED INQUIRIES AND COMPLAINTS

Trellis Mgmt takes and addresses its users' privacy concerns with utmost respect and attention. If you believe that there was an instance of non-compliance with this Online Privacy Policy with regard to your personal information or you have other related inquiries or concerns, you may contact us at www.xdepth.com/contact.php

In your message, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the Trellis Mgmt Online Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly.

Please note that if you provide Trellis Mgmt with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), Trellis Mgmt cannot guarantee that your most recent privacy preference will be honored.

Copyright © 2008-2010 Trellis Management Co. Ltd. and its licensors. All rights reserved.