Terms and Conditions

Interpretation and Definitions

Definition:

Acknowledgement

Links to Other Websites

Termination

Limitation of Liability

Governing Law

Disputes Resolution

For European Union (EU) Users

United States Legal Compliance

Severability and Waiver

Translation Interpretation

Changes to These Terms and Conditions

Contact Us

• • By email: info@excelym.com
  • By visiting this page on our website: www.excelym.io

Last updated: March 13, 2020

Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

“Excelym, LLC” (referred to as either “Excelym”, “We”, “Us” or “Our” in this Agreement) refers to Excelym, LLC, 548 Market Street San Francisco, CA 94104.

“Account” means a unique account created for You to access our Service or parts of our Service.

“Website” refers to Excelym.IO, accessible from www.excelym.io

“Service” refers to the Website.

“Country” refers to: California, United States

“Service Provider” means any natural or legal person who processes the data on behalf of Excelym. It refers to third-party companies or individuals employed by Excelym to facilitate the Service, to provide the Service on behalf of Excelym, to perform services related to the Service or to assist Excelym in analyzing how the Service is used.

“Third-party Social Media Service” refers to any website or any social network website through which a User can log in or create an account to use the Service.

“Personal Data” is any information that relates to an identified or identifiable individual.

“Cookies” are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

“Usage Data” refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Collecting and Using Your Personal Data

Types of Data Collected

1. Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data

2. Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

• • Necessary / Essential Cookies
    Type: Session Cookies
    Administered by: Us
    Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
  • Cookies Policy / Notice Acceptance Cookies
    Type: Persistent Cookies
    Administered by: Us
    Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
  • Functionality Cookies
    Type: Persistent Cookies
    Administered by: Us
    Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.

Use of Your Personal Data

Excelym may use Personal Data for the following purposes:

• • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

• • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
  • For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

Excelym will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Excelym will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at Excelym’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Excelym will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Law enforcement

Under certain circumstances, Excelym may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

Excelym may disclose Your Personal Data in the good faith belief that such action is necessary to:

• • Comply with a legal obligation
  • Protect and defend the rights or property of Excelym
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these users.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• • By email: info@excelym.com
  • By visiting this page on our website: www.excelym.io/excelymio

Last updated: March 13, 2020

Cookie Policy

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how Excelym uses it and why it sometimes needs to store these cookies. Excelym will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

How We Use Cookies

Excelym uses cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the Website. Therefore it is recommended that you do not disable cookies.

The Cookies We Set

• • Account related cookies
    Excelym uses cookies for the management of the sign process and general administration if you create an account on the Website. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
  • Email newsletters related cookies
    This website offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
  • Surveys related cookies
    Excelym offers user surveys and questionnaires from time to time to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.
  • Forms related cookies
    When you submit data to through a form such as those found on contact pages or the partner page forms cookies may be set to remember your user details for future correspondence.
  • Site preferences cookies
    In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page that is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

• • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
    For more information on Google Analytics cookies, see the official Google Analytics page.
  • From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.
  • Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the site through one of our partner sites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. 

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

• • Email: info@excelym.com
  • By visiting this link: https://www.excelym.io/excelymio/

Excelym Data Privacy Framework Program Policy

Excelym, LLC (“Excelym,” “we,” “us,” “our”), also DBA Excelym.IO and ExcelymGS, complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, as set forth by the U.S. Department of Commerce. Excelym has been certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/

The following are the types of personal information Excelym collects for business partnership, marketing and sales purposes:

1. 1. Name 
   2. Email addresss
   3. Phone Number
   4. Company Name

With respect to personal data received or transferred pursuant to the Data Privacy Frameworks, Excelym is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

Definition of Terms

• • Data Controller – means a natural or legal person or organization that determines the purposes and means of the processing of personal data.
  • Data Processor – means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

• • Excelym Employees – a person who is under contract of work employment with Excelym and living outside of Europe.

• • Data Protection Officer – an Excelym officer in charge of leading the company strategy towards data security.

• • Binding Arbitration (re: data privacy disputes) – means the amicable option of settling arbitration offered to a person filing a complaint against any data privacy protection related practices of Excelym (see Annex I of the Data Privacy Framework Principles for more information).

• • Excelym.IO – means the iPaaS (integration platform as a solution) product of Excelym.

• • ExcelymGS – means the professional services/ managed services business line of Excelym.

• • ‘Personal Data’ or ‘Personal Information’ – means the data about an identified or identifiable individual received by Excelym from the European Union and Switzerland.
    

• • Customer Database – means a data structure where the Customer files are located either locally or through a cloud system.

• • Customer– means a natural or legal person or organization that enters into contract with Excelym to avail its products and/or services.

• • Technical and Functional Resource – means the whole Excelym operation teams covering the software development, quality assurance and business analyst departments.

• • Third Party acting as an Agent – means a third party vendor or an Excelym partner who receives personal data to perform tasks on behalf of and under the instructions of Excelym.

• • Third Party Data Controller – means another organization who works with Excelym and has the power to determine the purpose and means of processing the personal data.

A. Notice

Parties are provided with notice to ask them whether or not they consent to Excelym’s terms of use whenever personal data is to be used or collected. These notices are displayed through Excelym’s form pages, contracts and other business agreements, and sales or marketing subscriptions. 

B. Choice

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to dataprivacyframework@excelym.com.

C. Accountability for Onward Transfers

Excelym may transfer personal information to third parties (both acting as an ‘agent’ and as a ‘controller’) in accordance with the Data Privacy Framework Principles. These third parties refer to analysts or consultants, service providers, or contractors who perform tasks on behalf of and under Excelym’s instructions, or those enrolled in our partner program with whom we collaborate on certain projects to improve the products and services we deliver. We guarantee that the disclosure of personal information is done only when there is a reasonable need for third parties to receive such data. Nonetheless, the disclosure of personal information may be done under one or more of the following conditions:

• • • Consistent with the terms of Excelym’s privacy policy. See https://www.excelym.io/excelym-privacy-policy/;
    • The transfer is permitted by the owner or source of personal information, and is consistent with the purpose for which it was collected;
    • Where the transfer of personal information is to a third party providing service to Excelym, or to any individual necessarily involved in the company’s business operation, a written contract is signed requiring that such third party provides at least the same level of data privacy protection or security in accordance with the Data Privacy Framework Principles; and
      
    • Whenever necessary, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
      

Excelym’s accountability for personal data that it receives in the United States under the Data Privacy Framework and subsequently transfers to a third party is described in the Data Privacy Framework Principles. In particular, Excelym remains responsible and liable under the Data Privacy Framework Principles if third-parties acting as agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Excelym proves that it is not responsible for the event giving rise to the damage.

D. Security

Excelym assures that its measures taken on data privacy protection are done in strict compliance for purposes stated and in line with the principles of this policy. A data protection officer is designated to maintain the highest level of data privacy protection pursuant to the Data Privacy Framework Principles.

E. Data Integrity and Purpose Limitation

Excelym applies its own lowest minimum requirement protocol in the collection, handling and processing of personal data. Excelym employees only share the least required piece of information whether as part of inter department project requirements or for purposes of collaboration. Through regular data privacy assessment, the designated data protection officer ensures that all shared data are not only accurate but also current and complete.

F. Access

Pursuant to the Data Privacy Framework, EU and UK individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Data Privacy Framework, should direct their query to dataprivacyframework@excelym.com. If requested to remove data, we will respond within a reasonable timeframe.

G. Recourse, Enforcement and Liability

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, Excelym commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, should first contact Excelym at:

• • • Serge Ybanez (Managing Partner)
      info@excelym.com

• • • Excelym, LLC
      548 Market Street, #64083
      San Francisco,  CA 94104
      USA

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, Excelym commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF to the Data Privacy Framework Services of the BBB National Programs, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers for more information or to file a complaint. The services of BBB National Programs are provided at no cost to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.

See https://www.dataprivacyframework.gov/s/article/G-Arbitration-Procedures-dpf?tabset-35584=2

Last updated on June 19, 2024.