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43
USER GUIDE
Page
Notices
Any and all notices to be given by either Imerge or you to
the other under these terms and conditions shall be deemed
sufficiently given when sent by email or facsimile transmission
in each case addressed to you at the email address or facsimile
number you have given us or to Imerge at the email address or
facsimile number displayed at www.xiva.com
BY USING THE SERVICE, I CONFIRM THAT I HAVE READ AND
UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO ALL
THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
XiVA™ Software Service Privacy Policy
Please read the following to learn more about our XiVA™
Software Service privacy policy and data-protection practices.
Imerge values the privacy of its registered users. We are strongly
committed to protecting the privacy of users of our interactive
products and services as well as to respecting the Data Protection
Act 1998. Imerge will only collect and use personal information
about you as specified below in accordance with this Policy.
The XiVA™ Software Service Privacy Policy discloses our privacy
practices and contains detailed information about exactly how
your personal information will be treated:
Who are we?
What information of yours do we collect?
What do we do with the information we collect?
Will Imerge share any of your personal information?
How you can learn what personal information we have?
What is the opt-out policy?
What types of security procedures are in place to protect
your information?
Will Imerge change its policy?
Who are we?
Imerge Limited (Imerge) welcomes you as a XiVA™ Software
user. We developed your home media appliance (your Audio
Server) and it is ‘powered’ by our XiVA™ Software. Our company
headquarters are located in Cambridge, United Kingdom and full
details of how you can contact us can be found at the end of this
document. The provision of goods, services and information to
you may also involve our business partners and other carefully
selected third party companies.
What information of yours do we collect?
When you register with Imerge, we need certain information
– such as your name, address, postcode, and telephone number
or email address - in order to provide service to you. Once you
register with Imerge you are not anonymous to us. By submitting
your information you agree to the use of that information as set
out in this Policy. We may also use that information to let you
know of additional products and services about which you might
be interested.
In addition to the information you voluntarily provide by
registering, Imerge will also collect technical information from
your Audio Server on a regular basis, so that, in the event that
you contact technical support, we will have information available
to help diagnose technical issues. The file upload will take
place no more frequently than once every seven days and will
include the transfer of a number of small files pertaining to your
system’s performance. At no point will we gather any personal
information, and the information we do gather will identify you
to Imerge only, through the unique serial number of your Audio
Server. This information will be stored on our secure server and
will at no stage be made available to any third parties.
Please note that sending and receiving this information will
necessitate sending small amounts of data over your internet
connection. If you prefer to opt out of using this service, you
can do so by altering the relevant setting in the software user
interface.
What do we do with the information we collect?
We may use personal information collected about you to let
you know about new goods, services or offers that you might
find interesting; or functionality changes and enhancements to
the Service, i.e. feature upgrades; or changes to our terms and
conditions of use.
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Will Imerge share any of your personal information?
Personal data will be collected, processed by Imerge and
forwarded to the relevant Imerge Business Partner for the
purpose of providing related services, as described earlier.
However, Imerge will not trade, sell or rent your personal
information (such as name, address, phone number, or email
address) to third parties world-wide for targeted services
or marketing purposes without your consent. And, we also
protect your privacy by limiting employee access to the use of
customer data. We may provide aggregate statistics about our
sales, customers, music tastes, usage patterns and other site
information to reputable third parties, but these statistics will
not include any information that could personally identify you
unless we have your consent.
Imerge reserves the right to access and disclose individually
identifiable information to comply with applicable laws and
lawful government requests, to operate its systems properly, or
to protect itself or its users.
How you can learn what personal information we have?
You may send us email at: support@xiva.com or write to us at
our headquarters address given at the end of this document. A
nominal fee may apply to this request.
What is the opt-out policy?
You will be given an opportunity to select a level of privacy
associated with your use of the Service during the registration
process, to determine whether and under what conditions
information entered during the registration process or collected
subsequently may be shared with third parties. You can modify
your selection at a later date by revisiting the relevant page,
accessed via the menu screen – your changes will normally take
effect within 60 days of your re-registration – alternatively you
may send your request in writing to us at the address given at
the end of this document.
What types of security procedures are in place to protect your
information?
Imerge is committed to protecting the privacy of its customers
and we have taken extensive measures to ensure that the
information we gather from you will be secure and confidential.
While we recognize that the Internet is not a completely
secure medium of communication, Imerge has taken steps to
safeguard the security of any information we collect from your
XiVA™ home media appliance by using Pretty Good Privacy
(PGP) technology which encrypts the information you input on
your system before it is transmitted to us. In addition, we have
strict security procedures covering the storage and disclosure of
your information in order to prevent unauthorized access and
to comply with the Data Protection Act 1998. This means that
sometimes we may ask you for proof of identity before disclosing
any personal information to you.
Will Imerge change its policy?
When you supply your registration data you consent to the
collection and use of your information by Imerge as described in
this policy. If we alter our Privacy Policy in any way we will notify
you and will post those changes on our website: www.xiva-net.
com so you can be aware of anything that may affect you in the
way we collect, use or share information with others. If you do
not agree to the changes in the Policy, in such event you should
contact us promptly, in the absence of which the changes will be
deemed accepted by you. You will be responsible for viewing any
alterations to our Privacy Policy - a written copy can be requested
from any of our Imerge offices.
Contacting us
If you have any questions or concerns about this Privacy Policy
or the operation of the Service, you can contact us by email
at: support@xiva.com, or by writing to the: XiVA™ Software
Administrator, Imerge Limited, Unit 6, Bar Hill Business Park,
Saxon Way, Bar Hill, Cambridge CB3 8SL, England, United
Kingdom.