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Waiver
Imerge’s failure to exercise or enforce any of its rights under
these terms and conditions shall not constitute a waiver of any
such right.
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.
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.
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. Whilst we
recognise 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 unauthorised 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.