TC Social Commerce

xt:Commerce Social Commerce Privacy Policy

The operators of xt-commerce.com (“xt”) respect your privacy, whether you are a merchant that uses xt’s social commerce module for promotion on social networks and saving the End-User's login information for the social network to allow the End-User to immediately be logged into the social network from the Merchant's website (a “Merchant” and the “Module”, respectively) or an end-user using the Module via the Merchant’s website (an “End-User”). This policy explains xt’s privacy practices in connection with the use of the Module. It also describes the ways xt collects and uses personal information of Merchants and End-Users and the rights and options available to Merchants and End-Users with respect to their information. We may refer to Merchants and End-Users together as “You”.

THIS POLICY ONLY GOVERNS XT’S USE OF YOUR PERSONAL INFORMATION. THE USE OF END-USER’S PERSONAL INFORMATION BY MERCHANT (OR OTHER THIRD PARTIES) IS NOT CONTROLLED BY XT, AND END-USERS SHOULD REVIEW MERCHANT’S PRIVACY POLICY INDEPENDENTLY. XT IS NOT RESPONSIBLE AND WILL BEAR NO LIABILITY TOWARDS END-USERS, MERCHANT OR ANY THRID PARTY WITH RESPECT TO MERCHANT’S PRIVACY POLICY OR TO MERCHANT’S COMPLIANCE WITH IT.

What personal information do you have to provide xt as a Merchant?

As a Merchant, when you register for the Module, you may be asked to provide xt an active e-mail address and other contact and personal details and to select a password, as well as payment and transaction related personal information.
Please bear in mind that false, incorrect, incomplete, or outdated information may prevent you from registering and using the Module, and impair our ability to contact you.

What personal information does xt have access to when an End-User allows the Module to connect to his or her Facebook, Twitter or other social network account?

xt’s Module includes a “Facebook Connect”, “Twitter Connect” and other similar connect options, to allow End-Users to publish and recommend their purchase of the Merchant's products, which may include links to the purchased items with their friends and followers on their wall, tweet, feed or similar method of communication.

As an End-User, when you click on the Module’s “Facebook Connect”, “Twitter Connect” or other similar button on a Merchant’s web-page, and after you allow access to xt’s Module through Facebook’s, Twitter's or other social network's interface, you give xt access to your Facebook, Twitter and other social network related information, which may include your name, user ID, tweets and wall, status, comments, etc. We will post the content provided to us by Merchant, which may include, among others, a notice that the End-User made a purchase at the Merchant's website, recommending such purchase and include a link to the purchased items and/or Merchant's website. We may share this information with the Merchant, including for the purpose of accounting and easing your logging in process, and you give us your prior consent to do so. In addition, we understand that the Merchant may maintain your personal information for, among others, assisting in you logging in to the social network.

Except as detailed in this policy, we will not share any personally identifiable information we collect from your social network account, without your consent. Please contact us at helpdesk@xt-commerce.com with any question or request regarding information we collected from your social network account.

How does the Module connect to your Facebook, Twitter or other social network account?

If you are logged into the Module, when you click on the Module’s “Facebook Connect”, “Twitter Connect” or other similar button on a Merchant’s web-page, the Facebook, Twitter or other social network application will prefill the shop registration form with your stored data (Address, E-Mail Address and Name) in your Facebook, Twitter or other social network account. If you are already logged into the Merchant’s web-page but not logged into Facebook, Twitter or other social network, when you click on Module’s “Facebook Connect”, “Twitter Connect” or other similar button on a Merchant’s web-page you will be prompted to enter your credentials or to "Sign up." By proceeding you are allowing the Module to access your information and you are agreeing to the Terms of Use of the applicable social network in your use of the Module.

Conversely, if you are not currently registered as a user of Facebook, Twitter or other social network and you click on the Module’s “Facebook Connect”, “Twitter Connect” or other similar button, you will first be asked to register and join such social network.

What Internet traffic does xt collect?

xt’s Module allows a Merchant to tweet and post to your social network account. A detailed description of the Module can be found at the product’s web-page at www.xt-commerce.com (the “Product Page”), as such Product Page may be amended and revised from time to time.

When the Module is used, the information routed via the Module is accessible to xt. xt will collect information, such as session durations, page impressions, Internet protocol (IP) addresses, the domain name that served you to access the Module, and content types and origins.

xt will also store information related to online data or metadata that is routed through the Module, such as web-pages’ addresses, structures, data fields, and images.

The stored data will be attributed to you in person, only to the extent necessary for the use of the Module, as set forth in the following chapter. In all other cases, xt will anonymize the data and will not knowingly use the data to personally identify you.

Further information may be collected when you and xt exchange communications, for example, when you submit an inquiry to the customer support at: helpdesk@xt-commerce.com.

Does xt collect location based information?

xt does not actively collect any personal information that is based on your geographical location, except for the country that you reside in when accessing the Module. However, certain location based information may be stored on xt’s servers, for example if you use the Module to access geographic based services. xt will use such information subject to this policy and will anonymize such data as soon as it is no longer necessary for the use of the Module.

What does xt do with your personally identifiable information?

xt may use personally identifiable information for the following purposes:

for accounting purposes vis-à-vis xt's relationship with the Merchant;
to provide and operate the Module;
to contact you as and when xt believes it to be necessary;
to comply with any applicable law and assist law enforcement agencies as required;
in any case where xt believes that the use of the information is necessary to prevent imminent physical harm or damage to person or property;
to prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Module; and
to take any action in any case of dispute, or legal proceeding of any kind between you and xt, or between you and other users or third parties with respect to, or in relation with the Module.

Important notice about privacy of persons under the legal age

The Module is not intended for use by persons under the legal age which allows them to form a binding contract in the jurisdiction where they reside, and in any event, by children under the age of 18 years. If you are not of such legal age or not older than 18 years, then you may not use the Module and must not provide any of your personal details.

xt strongly encourages parents to monitor their children’s use of the Internet. xt will delete a child’s personally identifiable information if a parent so requests by sending an e-mail to helpdesk@xt-commerce.com. If xt learns that a child under the age of 18 years has provided personally identifiable information to xt without verifiable parental consent, xt will use commercially reasonable efforts to delete such information from xt’s databases.

How does xt share your personally identifiable information with others?

xt does not sell, rent or lease your personally identifiable information to third parties. xt may share personally identifiable information with others in any of the following instances, or otherwise subject to your explicit consent:

to operate the Module, including to store and process your information through a third party hosting services and to process payments (if applicable);
to the Merchant in connection with the use of the Module;
if xt believes that you have abused your rights to use the Module, or performed any act or omission that xt believes to be violating any applicable law, rules, or regulations. xt may share your information with law enforcement agencies, governmental agencies and other competent authorities as well as with other third parties, as may be required;
if xt is required, or believes that it is required by law to share or disclose your information;
in any case of dispute, or legal proceeding of any kind between you and xt, or between you and other users or third parties with respect to, or in relation with the (including a dispute between a Merchant and an End-User);
in any case where xt believes that sharing information is necessary to prevent imminent physical harm or damage to property;
if xt organizes the operation of the Module within a different framework, or through another legal structure or entity, or if xt is acquired by, or merged with another entity, provided, however, that those entities agree to be bound by the provisions of this policy, with respective changes taken into consideration;
xt may also share personally identifiable information with companies or organizations connected, or affiliated with xt, such as subsidiaries, sister-companies and parent companies.

How does xt use aggregated information?

xt may also use anonymous, statistical or aggregated information to properly operate the Module, to improve the quality and functionality of the Module, to enhance your experience, to create new services, including customized services, to change or cancel existing content or services and for other internal and statistical purposes.

xt may share, publish, post, disseminate, transmit or otherwise communicate or make available such information, to suppliers, business partners, sponsors, affiliates and any other third party, at xt’s sole discretion, provided, however, that xt will not knowingly, or intentionally use the information to reveal your identity without your consent.

Which ‘opt out’ and deletion options are available to you?

If you wish to delete your personally identifiable information that is stored at xt, you may send a request to delete information to: helpdesk@xt-commerce.com. xt will inform you whether it can accept your request. xt may refuse your request, for example, if xt believes that removal of certain information may jeopardize certain activities of the Module, or harm other users. In any case, xt may keep any aggregated or anonymized information for statistical, marketing and other purposes, indefinitely. If xt does delete your information, there is no assurance that the Module will work properly.

xt may also keep a Merchant’s information for as long as it owes fees to xt, if there are fees still pending to be paid to xt from such Merchant or so long as xt requires such information for accounting purposes.

How does xt secure your personal information?

xt and third parties on its behalf implement information security systems and procedures to secure your personal information. While such systems and procedures reduce the risk of security breaches, they do not provide absolute security. Therefore, xt cannot guarantee that the Module will be immune from any wrongdoings, malfunctions, unlawful interceptions or unauthorized access to the information stored therein and to other information security risks, or that your private communications on or through the Module will remain private.

We restrict access to personal information you provided xt to our employees, contractors, vendors and agents who need to know that information for the purposes described in this policy. These individuals are obligated to keep your personal information confidential and they may be subject to penalties, termination of relations and criminal prosecution, if they fail to comply with such obligations.

How does xt use Cookies?

xt may use cookies when operating the Module. Cookies are packets of information sent by xt’s servers to your web browser and then sent back by the browser. xt may use cookies for various purposes, for example, to save you the need to re-enter your password each time you log-in to the Module, to facilitate the use of the Module, to collect information for statistical and analytical purposes, to verify information, to customize the Module to your personal preferences and for information security purposes.

Some of the cookies may expire when the session ends and you exit your browser. Other cookies may be stored on your computer’s hard drive. If you wish to block the cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Module, or certain features thereof.

Where is my personal information processed?

xt may store and process the information through a third party’s hosting services in the USA or in other jurisdictions, at its discretion. If you are in the European Economic Area, or in any other jurisdiction that regulates the transfer of personal information outside that jurisdiction, then you hereby grant xt your explicit and unambiguous consent to transfer your personal information to any jurisdiction where the hosting services xt uses operate, for the purposes described in this policy.

Enforcement

xt is doing its utmost to comply with this policy. If you have any questions, concerns or complaints regarding this policy and the enforcement thereof, please refer them to: helpdesk@xt-commerce.com. After receiving your complaint, xt may contact you to better understand your concerns and will make all efforts to promptly answer your question, or resolve your complaint to your full satisfaction.

Changes to this Privacy Policy

xt may change and update the terms of this policy from time to time. Changes will take effect seven (7) days after their initial posting on our official website at __________, unless xt amends the policy to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.

In addition to the EULA for the Veyton 4.0, the following additional terms and conditions shall apply to the use of the Module:

Warranty and Disclaimer

The information that the Module posts on the social network is provided and is the sole responsibility of the Merchant. xt does not control and is not liable for such content. Merchant shall only use and provide xt with content that does not violate applicable law and the terms of use of any such social network and Merchant shall indemnity and hold xt harmless from any and all damages and expenses incurred as a result of use of any content and information provided by Merchant and breach by Merchant of the terms of use of any social network.

The Module is provided on an “as is” and “as available” basis. You acknowledge and agree that you will exercise your own independent analysis and judgment in your use of the module. xt assumes no liability for your use of the Module.

xt does not warrant that the Module will be able to be used 24 hours per day, 7 days per week. If your access to the Module is suspended or interrupted or a fault or defect occurs which prevents your access to the Module, xt will attempt to restore access to the Module (to the extent determined solely by xt in its discretion, unless a separate agreement is signed between you and xt in which case such separate agreement will govern). xt will have no liability to you for the unavailability of the Module at any time. In addition, xt reserves the right, in its sole discretion, at any time and without prior notice, to have any individual, company, network, institution or other entity not be able to use the Module if such is in violation of the terms hereof, or to cease the operation of the Module in whole or in part.

xt does not provide, and nothing herein shall constitute, any warranty or representation about the suitability of the Module for any purpose, including but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of any third party intellectual property right.

Limitation of Liability

In no event shall xt be liable for any damages whatsoever, including but not limited to, direct, indirect, special, incidental or consequential damages, whether in an action of contract, negligence or other tortious action resulting from use of the Module, regardless of whether xt or an authorized xt representative has been advised of the possibility of such damages and even if such damages were reasonably foreseeable.

Cessation of Use

If the Merchant cancels the Module, then Merchant shall delete all related modules, plugins, licenses (including xt coupons license) and other items and maters related to the Module. In the event Merchant wishes to use the Module following such cancellation it shall have the option to do so at xt's then current rate.

Applicable right, place of fulfilment and place of jurisdiction

The law of the Republic of Austria is exclusively applicable for all disputes arising from this contract. Place of fulfilment and place of jurisdiction is exclusively the District Court Innsbruck, Austria, insofar the licensee is a registered trader. The UN convention on the international sale of goods is expressly not applicable.