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Privacy Policy
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PRIVACY POLICY
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.   AEC has adopted the privacy policies outlined below, which serve as the basis for our use of Your personal information in our business and advertiser relationships. This Privacy Policy is intended to comply with privacy laws applicable to AEC, its affiliated companies and the operation of the Sites.   This Privacy Policy, however, does not cover AEC‘s or its affiliated companies’ offline privacy practices.  By viewing or accessing the Sites, You acknowledge Your consent to the terms set forth in this Privacy Policy.
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.
2. SECURITY:  AEC maintains commercially reasonable safeguards to ensure the security, integrity and privacy of the Personal Information provided by You.  Such security safeguards are intended to be appropriate to the sensitivity of the Personal Information collected. To the extent AEC transfers any Personal Information to third-parties, AEC will use commercially reasonable efforts to assure that such third-parties to whom We may transfer any Personal Information have knowledge of our Privacy Policy and provide sufficient protection of such Personal Information. In particular, AEC requires that a secure session be established using Secure Socket Layer (SSL) and Secure Electronic Transaction (SET) protocol when You submit Personal Information to Us through Your use of the Sites to establish an account, input information for payment, and access certain product pages and web-based software.  We are committed to properly securing the Personal Information collected online. 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. We cannot access other cookies sent by other web sites or the information contained therein. Additionally, We cannot learn Your email address through the use of a cookie or web beacon; however we will collect an IP Address from all visitors to the Sites, which is a number that is automatically assigned to Your computer when You use the Internet.  We use IP addresses and web beacons to help diagnose problems with our server, administer our Site, analyze trends, track users' movement on the Site, gather broad demographic information for aggregate use in order for us to improve the Site, and deliver targeted content.  The only way We would learn such Personal Information is if You specifically submit that Personal Information to Us, for example, by purchasing a product through our Sites, by setting up a user account, by accessing and using our web-based software, by requesting information, etc.  We use cookies and web beacons to customize Your experience when You are visiting the Sites. By tracking usage, We can best determine what features of the Site best serve the users. Without cookies or web beacons, the Sites would "forget" items that may be stored, such as previously viewed product specifications, when You go to a different page.  The session information used by the Sites is deleted when Your browser is closed.  We may use cookies and web beacons to track banner and product information brochure usage.  We do provide third parties with Aggregate Information about our users, such as “200 people downloaded Curlex® product brochure today,” as more fully set forth below. On those pages of the Sites not requiring Your registration, You may decline to accept cookies sent by the Sites by selecting an option on Your browser to reject cookies.  However, some portions of the Sites may require registration in order to access those areas, such as ErosionWorks® login.   In such case, We ask that You register and provide Us with basic information on our registration page. Cookies and web beacons enable our server to know that You are a registered user; therefore, our registration system requires that You accept the cookies and web beacons from the Sites. Other sites linked to the Site also may send cookies; however We do not control such activities. We also may use an unique assigned number located with each Site's URL to determine the web site from which You navigated to get to the particular Site. While this number may not be apparent to You, it does not contain your Personal Information.
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.
6. OPT-OUT/OPT-IN:  AEC provides customers with an easy means to provide (opt-in) and withdrawal (opt out) consent to our use of Personal Information (such as "check the box" on login screens or unsubscribe notices on e-mail offers).  If You do not want AEC to send You any e-mail or postal mail about our products and services or otherwise continue to use your Personal Information for the limited purposes stated in this Privacy Policy (or otherwise at the time of collection of such information), You can opt out at the time by contacting our Privacy Officer at the Contact Address. If, at a later date, You choose to close your account and have Your Personal Information removed from our database, You can do so by contacting our Privacy Officer at the Contact Address.  However, with respect to any Personal Information that is sensitive in nature, we will require You to “opt-in” to having such Personal Information used or shared by AEC. Please note that it may taken 4 to 10 business days to fulfill Your "opt-in" or "opt-out" requests.  Please note that certain portions of the Sites (such as ErosionWorks® software) may not be accessible to you or otherwise operate if you so elect to not "opt-in" or to "opt-out".
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. 
8. ACCOUNTABILITY/CHALLENGING COMPLIANCE.  We have designated our Privacy Officer, who can be contacted at the following address (“Contact Address”):  By Mail:  Privacy Officer, American Excelsior Company, 850 Avenue H East, Arlington, Texas 76011; By Email:  privacyofficer@americanexcelsior.com.   Our Privacy Officer is accountable for AEC’s compliance with this Privacy Policy. If You have any complaints concerning our compliance with this Privacy Policy or if You have any questions about our practices related to this Privacy Policy or any specific purposes for the collection and retention of your Personal Information, then please contact our Privacy Officer at the Contact Address and provide a description of your questions or concerns sufficient in detail to permit the Privacy Officer to investigate your complaint or request and contact you.   It is our intent to make available to You through Privacy Officer specific information about this Privacy Policy and our management of Your Personal Information as may be required by applicable law.  Our Privacy Officer can address any challenges that You may have as to the accuracy or completeness of the Personal Information in Your Account (and to have it amended as appropriate). As part of this process, You may be required to provide sufficient information to permit Us to verify You as the account holder and to provide an account of the existence, use and disclosure of Your Personal Information. Our Privacy Officer will respond to Your requests within a reasonable time and at minimal or no cost to You.  Our Privacy Officer will investigate all complaints and requests.  If a complaint is found to be justified, We will take appropriate measures, including if necessary, amending this Privacy Policy and our practices, as may be required under applicable law.
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.
10. LINKED INTERNET SITES:  You should be aware that other Internet sites to which You hyperlink from the Sites may contain privacy statements that differ from our Privacy Policy.  AEC encourages You to read and understand such privacy policies and terms of use of any linked sites accessed by You. If You decide to access such linked sites and/or provide any personal information to such linked sites, You do so entirely at Your own risk. AEC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
11 MISCELLANEOUS TERMS:  No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of AEC to intercept or access transmissions or private communications unlawfully. If You choose to visit the Sites, Your visit and any dispute over privacy is subject to this Privacy Policy, including but not limited to limitations of damages and application of the law of the State of Texas. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AEC OR ITS AFFILIATES, DISTRIBUTORS, CONTRACTORS AND CONSULTANTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE SITES, EVEN IF AEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE EXCLUSIVE REMEDIES PROVIDED UNDER THIS PRIVACY POLICY FAIL OF THEIR ESSENTIAL PURPOSE.
12. EFFECTIVE DATE AND CHANGES:  This Privacy Policy is effective as of February 2009.  This Privacy Policy has been adopted with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, these policies are subject to change at any time and AEC expressly reserves the right to modify the terms of this Privacy Policy at any time and in our reasonable discretion, by posting a change notice to the home page of the Sites. Your continued use of the Sites following our posting of a change notice will constitute binding acceptance of this Privacy Policy and all changes thereto. 

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