PRIVACY POLICY OF COMPUTE EXPRESS LINK® CONSORTIUM, INC.
Effective: March 11, 2020
This Privacy Policy (“Privacy Policy” or “Policy”) explains how Compute Express Link® Consortium, Inc. a Delaware nonprofit corporation (CXL®”, “We”, “Us” or “Our”) may gather, collect, record, hold, distribute, share, disclose or otherwise use any information or data about any user (“User” or “You” or “Your”) of CXL’s website at https://www.computeexpresslink.org/ (“CXL Website”) or through any other program, activity, technology platform, technology application, or service offered by CXL (the CXL Website and these other programs, activities, platform, applications and services are collectively referred to as “CXL Program(s).
BY CONTINUING TO USE THE CXL WEBSITE OR ANY OTHER CXL PROGRAM OFFERED BY CXL, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS POLICY AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF ANY CXL PROGRAM (THE “EFFECTIVE DATE”). NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS POLICY WILL BE ACCEPTED BY COMPUTE EXPRESS LINK CONSORTIUM, INC. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS POLICY, THEN YOU SHOULD NOT USE ANY CXL PROGRAM (INCLUDING WITHOUT LIMITATION THE CXL WEBSITE) AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO CXL CONSORTIUM, INC. YOU SHOULD DOWNLOAD AND PRINT THIS POLICY FOR YOUR RECORDS
1. INFORMATION WE COLLECT FROM YOU.
During a User’s use or participation in any CXL Program (including without limitation a User’s use of the CXL Website), CXL may, either directly or on its behalf, gather, collect, record, hold, distribute, share, disclose or otherwise use any and all of the following information or data about You (hereinafter referred to as the User’s “Personal Information”):
certain personal identifiable information about the User, including without limitation the User’s first and last name, e-mail address, phone number, mobile number, fax number, physical address, company name, title/position, credit card or other payment information and/or calendar/appointment information;
any content or other data that a User distributes, publishes, uploads or otherwise makes available during his/her use of, or other enjoyment of the benefits of any goods or services provided through any CXL Program; or
any other information or data about how You use, or the results of Your use of, any CXL Programs.
2. COOKIES AND OTHER UNIQUE IDENTIFIERS THAT WE ALSO COLLECT.
During a User’s visit to the CXL Website or any other CXL Program, the User’s Internet Protocol address (“IP Address”) may be obtained by Us or by Our servers (or any third party servers that We engage) or cookies or other types of small temporary text files may be placed on the User’s computer processor or in the browser directory of the User’s hard drive (collectively “Cookies”). Like many other websites, the User’s IP address or Cookies may be used during Your visit to any CXL Program in order to improve your individual experience as a User of that CXL Program or to generally improve or enhance the overall functionality of the CXL Website or other CXL Program. While most websites automatically accept Cookies for these purposes, You may be able to instruct your browser to stop accepting Cookies or prompt You before accepting a Cookie from the sites you visit, including the CXL Website. For purposes of this Policy, all of the foregoing described IP Address and Cookies are collectively defined as the “Unique Identifiers.”
3. USE AND SHARING OF USER’S PERSONAL INFORMATION OR UNIQUE IDENTIFIERS.
All of the User’s Personal Information or Unique Identifiers may be gathered, collected, recorded, held, distributed, shared, disclosed or otherwise used by or on behalf of CXL for any and all of the following purposes and with the following third parties (collectively, the “Permitted Uses”):
to provide Users with access to and use of all CXL Programs;
to otherwise facilitate participation, cooperation, or collaboration by the User and others in any meetings, work groups, committees, boards, activities, collaborative efforts, conferences, or other events conducted, sponsored, supported, operated or distributed (in whole or in part) by or on behalf of CXL (“CXL Activities”).
to provide Users with notices, material, content or any other information about any and all CXL Activities;
to share with or disclose to other members of CXL (“CXL Members”) who participate in any of the CXL Activities;
to share with or disclose to any of CXL’s vendors, suppliers, independent contractors, or consultants of CXL in order to assist CXL in developing, hosting, providing, maintaining and/or operating the CXL Website or any other CXL Activities, such as but not limited to third party payment providers, third party third party telecommunications, third party internet or cloud service providers, or third party event planners (“Third Party Contractors”);
to share with or disclose to any industry or business partners of CXL that CXL may collaborate with as part of CXL’s general corporate purpose or general standards-setting goals or mission, including without limitation any other standards-setting organizations (“Industry Partners”);
to provide User with material, information or notices regarding any activities or meetings of the Industry Partners;to share with or disclose to any of CXL’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals;
to use the Unique Identifiers for any of the purposes set forth in Sections 2 or 3 of this Policy; or
to share with or otherwise disclose to any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order or other governmental order, law or regulation; and/or
for use for any other lawful purpose in order to carry out CXL’s general corporate purpose or general standards-setting goals or mission.
4. OPT-OUT FROM RECEIVING INFORMATION FROM CXL.
4.1 In the event a User has provided CXL with Personal Information such as that discussed above, and thereafter a User does not want to continue to directly receive further notices, information or material from CXL regarding CXL Activities, the User must send an email message to privacy@computeexpresslink.org stating that the User no longer wants to receive these communications directly from CXL (“Opt Out”). Once CXL has received that User’s request to Opt Out, CXL will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such User’s request to Opt Out; provided, however, CXL will not have any obligation to retrieve, and cannot prevent the further use by others of, such User’s personal identifiable information which may have been shared up to that time with other parties (such as with CXL Members, Third Party Contractors, Industry Partners or Outside Professionals as defined above).
4.2 If a User elect to Opt Out, and provided such User has properly delivered its Opt Out request to CXL in accordance with this Privacy Policy, such User will no longer receive emails directly from CXL after a commercially reasonable time from the date such User sent its Opt Out notice to CXL. However, CXL does not have any obligations under, or liability arising out of, this Privacy Policy with regard to: (a) a User’s decision to share its personal information with, our use of, any other internet websites or forums that the User may have linked to via the CXL Website or other CXL Programs which are not under CXL’s direct control and ownership; and (b) any other communications sent to a User by any party other than directly from CXL. Accordingly, after sending your Opt Out to CXL, you may need to contact these other entities directly regarding their use of Your personal information.
5. ENFORCEMENT OF THIS PRIVACY POLICY.
Each User confirms and agrees that by the User’s act of using any of the CXL Programs, including without limitation uploading any of the User’s personal information or any other content via any CXL Program, the User: (a) unconditionally agrees to all of the terms and conditions of this Privacy Policy; and (b) further agrees that no provision of this Privacy Policy shall limit, condition, alter, or amend, in any way whatsoever, any rights that User may have separately granted to CXL pursuant to any other agreement that the User may have separately entered into with the CXL.
6. USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s personal information as it appears in, and as otherwise stored or contained in, any CXL Program. Without in any way limiting the foregoing, User acknowledges and agrees that CXL has no duty to correct, update, modify or eliminate any of the User’s personal information as it appears in, is stored, or is otherwise contained in, the CXL Website or in any other CXL Program.
7. LINKS TO, AND USE OF, THIRD PARTY SITES OR PROGRAMS.
The CXL Website or other CXL Programs may now or in the future provide links or other access to Internet websites, forums or other programs which are not under CXL’s sole control and not solely owned by CXL (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites.
THIS PRIVACY POLICY ONLY APPLIES TO THE CXL WEBSITE AND THE OTHER CXL PROGRAMS DIRECTLY OWNED BY THE CXL. THEREFORE, THIS POLICY: (A) DOES NOT DESCRIBE THE PRIVACY POLICIES OF ANY OF THESE THIRD PARTY SITES; AND (B) DOES NOT GOVERN THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY THE THIRD PARTY SITES. CXL IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY OF THESE THIRD PARTY SITES. IF A USER CLICKS ON A LINK TO, OR IS SENT TO A LINK OF, OR OTHERWISE GAINS ACCESS TO, A THIRD PARTY SITE, THE USER SHOULD REVIEW THE PRIVACY STATEMENTS OR POLICIES OF SUCH THIRD PARTY SITES (IF ANY) TO DETERMINE THAT PARTICULAR THIRD PARTY SITES’ PRACTICES WITH REGARD TO THE COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. CXL IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES.
Any link to any Third Party Site from the CXL Website or any other CXL Program does not imply any endorsement of the privacy practices of such Third Party Site by the CXL, and no such Third Party Site is authorized to make any representation or warranty on our behalf.
8. DO NOT TRACK.
Some browsers have a “do not track” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. Accordingly, each User of the CXL Website or any other CXL Program is hereby notified that the CXL Website and the other CXL Programs are not currently set up to respond to any of the User’s “do not track” features or “do not track” signals.
9. THIS PRIVACY POLICY MAY CHANGE.
This Privacy Policy may be changed from time to time and at any time by CXL. CXL reserves the right to change it without notice to a User. YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THIS PRIVACY POLICY THAT IS IN EFFECT AT THE TIME YOU FIRST USE THE CXL WEBSITE OR ANY OTHER CXL PROGRAM. THE TERMS OF THIS PRIVACY POLICY MAY BE DIFFERENT THE NEXT TIME YOU USE THE CXL WEBSITE OR ANY OTHER CXL PROGRAM. ANY USE OF THE CXL WEBSITE OR ANY OTHER CXL PROGRAM BY YOU AFTER SUCH AMENDMENT(S) SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF THE AMENDMENT(S) FOR USE OF ALL CXL PROGRAMS. EACH USER SHOULD REGULARLY REVIEW AND PRINT THIS PRIVACY POLICY FOR THE USER’S RECORDS.
10. COMMUNICATING WITH CXL.
If a User believe that CXL is not complying with the policies outlined in this Privacy Policy, or if the User has any questions relating to this Privacy Policy, then the User should write to Compute Express Link Consortium, Inc. privacy@computeexpresslink.org.