Effective September 1, 2017
This Privacy Policy (“Policy”) is governed by and incorporated by reference into the Terms of Use (“Terms”) available at www.orionmetalexchange.com and shall be interpreted consistent therewith. In the event you sign a Customer Agreement with Orion Precious Metals, Inc. (“OPM”) or its affiliates and there is an inconsistency between the Customer Agreement and this Privacy Policy, the Customer Agreement you execute (as amended, if appropriate) shall control and govern.
Along with OPM’s affiliates, parents, and subsidiaries or anyone acting on their behalf (“Orion,” “We,” “Us,” or “Our”), We provide the Website at www.orionmetalexchange.com (the “Site”) to you subject to this Privacy Policy.
By submitting a request for information through www.orionmetalexchange.com, making a purchase, requesting promotional materials or providing contact information through a 3rd party affiliate, you consent to receive communications via phone, email, regular mail or text. These communications may take the form of commercial, promotional, educational or account management engagements. You may opt out of receiving communications at any time by responding to the staff member who contacted you, and requesting to be opted out or by reaching out to our customer service department using the details located at the end of this privacy policy. Please note that it may take a few days to complete your opt-out request.
Opting out of receiving promotional communications does not apply to any communications related to business you have conducted with Orion Metal Exchange to help manage and maintain your account, service requests or other non-marketing related communications.
BY USING OUR SITE, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS POLICY, AS UPDATED AND AMENDED FROM TIME TO TIME. IF, FOR ANY REASON, YOU DO NOT AGREE TO THE TERMS OF THIS POLICY, PLEASE STOP USING THE SITE IMMEDIATELY, DO NOT PROVIDE US WITH ANY INFORMATION AND DO NOT USE OUR SERVICES.
This Privacy Policy may be amended by Us from time to time. Please periodically review the controlling version of the Policy. By continuing to use the Site subsequent to Us making available an amended version of this Policy, you thereby acknowledge, agree and consent to such amendment. This Privacy Policy applies to Our on-line and off-line information gathering and disclosure practices in connection with the Site.
You represent that you are at least 18 years old and not a person barred from receiving services under the laws of the United States or other applicable jurisdictions.
If you are a California resident, you may be entitled to yearly notice about certain information provided in the previous calendar year to third parties for use by those third parties in marketing their products and services to you. Please send your request by email to support@OrionMetalsExchange.com or by mail to Orion Precious Metals, Inc., Attn: Corporate Support, 12301 Wilshire Blvd., Suite 412, Los Angeles, California 90025. We reserve the right not to respond to requests submitted other than to the email or mailing addresses specified in this section.
You consent to the collection, use and disclosure of your individual personally identifiable information (“PII”) as set forth in this Privacy Policy. You also agree to have your individual PII collected, used, transferred to and processed anywhere in the world.
Data Security; Disclosure
We have technical, administrative and physical safeguards in place to help protect against unauthorized access to, use and disclosure of the PII and other information We maintain. Access to this information is authorized only for those who have a business need for such access, and PII records are to be retained only so long as necessary for business or legal needs. When PII and other information is discarded, we will do so consistent with any applicable legal requirements.
While we have safeguards to keep PII data We maintain secure, no program is totally secure. Therefore, We cannot guarantee that Our safeguards will prevent the disclosure of your PII. If you become aware of a security breach, please notify Us immediately at Support@OrionMetalsExchange.com.
We also reserve the right to reveal the identity of, or any PII or other information We know about, any user in the event of a complaint or legal action, any breach of Our Terms and/or this Privacy Policy, or where such information is requested by the government or otherwise legally required to be disclosed.
Data Collection and Storage
Personally Identifiable Information
We do not collect any PII about you unless you voluntarily submit such information to Us. PII includes any of the following: (1) a first and last name; (2) a physical address, including without limitation a street name and name of a city or town; (3) an e-mail address; (4) a telephone or fax number; or (5) any other identifier that permits the physical or online contacting of a specific individual. We may store your PII alongside non-personally identifiable information about you.
We do not knowingly collect PII from children under the age of 13. If you are under 13, please do not submit PII to Us or use the Site.
Data Logs and Similar Information
Our system may automatically record information created by or associated with any use of Our Site. That information or Log Data may include details such as the user’s IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We generally receive Log Data when users interact with Our Site, sign into Our Site (if this function is provided), interact with Our email notifications, and so on. We use Log Data to provide Our Services and Content (see the definition for Services and Content which follows), and to measure, customize and improve Our Site and its Content and Services.
iii. Non-PII
We may collect non-PII about you in a number of ways, including tracking your Internet activities through your IP address, computer or cellular/mobile phone settings or most-recently visited URL. We may also ask you to directly provide certain non-PII about yourself, such as any preferences you have for specific features or Services we provide.
iv. Cookies
When you use the Site, We might insert some instructions on your computer or cellular/mobile device. These instructions will be in the form of a “cookie” or similar file. Cookies are small pieces of instruction stored on your hard drive or device, not on Our Site. Cookies provide Us with information that We use to enhance your experience on the Site.
Right now, there are two basic types of cookies. One is a session cookie which terminates when the user’s session ends. The second is a persistent cookie, which is a text file that stays stored on your device for a period of time. Your Internet browser contains instructions about how to remove persistent cookies. If you reject all cookies, you may not be able to take full advantage of Our Site.
We may use cookies to collect information, on an aggregate basis, about how Our Site is used. This information may include the date and time of visits to and time spent on the Site. We also may use cookies to learn more about Our audience size and usage patterns, to store information about your preferences so as to allow Us to customize Our Site according to your interests and provide a more personalized experience, to speed up searches or to recognize you when you return to Our Site, to identify the pages viewed or searched for, to increase page response times, decrease download errors, measure the length of visits, and gauge page interaction information (such as click, scrolling, etc.) or methods used to browse away from a page, but none of Our cookies are intended to identify you personally. You can obtain more information about cookies at http://www.allaboutcookies.org/.
v. Wen Beacons/Pixel Tags
We may also use web beacons and pixel tags which are invisible graphics on a web page or email that are programmed to collect non-PII about the use of a given website or newsletter, such as whether or not an email is opened and viewed.
vi. Analytics
We have implemented the following Google Analytics Advertising Features:
You may opt-out of these features using Google Analytics’ currently available opt-outs, available here. https://tools.google.com/dlpage/gaoptout/
vii. Data Storage
We may store your information anywhere in the World. You authorize Us to do so. The PII and other data We collect about you may be maintained on servers We control and maintain or on third party servers. The information you provide may be transferred or accessed by entities in many different countries as described elsewhere in this Policy. By submitting your information, you agree to the transfer, storage and processing of your data in accord with this Policy.
The PII, if any, provided to Us will be stored on servers located in secure facilities, and protected by protocols and procedures designed to ensure reasonable security of such information. In addition, We restrict access to user PII to those of Our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site or otherwise operate Our business. Although We take commercially reasonable measures to safeguard against unauthorized disclosures of your information, no e-commerce platform, application, website, electronic database or other format or system is completely secure and, for this reason, We cannot ensure or warrant the security of any information that you transmit to Us.
viii. General
Except to the extent required by law, we may maintain back-up copies of any information you provide indefinitely.
If you report a problem with Our Site, there may be additional details requested from you. Also, if you contact Us, We may keep a record of those communications.
1. Definition of Service/Services and Content
“Service” or “Services” means the Site or any part of it, or any other products or services provided or offered by Us, including those described in this Privacy Policy, whether through a website owned, maintained, used or controlled by Us, through a social network, a mobile application, on a cellular telephone or otherwise.
“Content” means all the content and materials which appear on the Site or are provided via social network post, mobile application, or other device to you.
2. “Do Not Track”
Some browsers have a “do not track” feature. This feature, when activated, causes your browser to tell the specified websites that it does not want your online activity tracked. At this time, We do not respond to browser “do not track” signals/instructions.
3. How We Use Your Information
Orion will not sell, dispose, or otherwise transfer your PII to non-affiliated third parties without your consent except as specifically set forth in this Privacy Policy. In addition to any other usage specified or not prohibited by this Agreement, we may use any information provided do the following:
By using the Site, you consent to Us providing your information to third parties that assist Us in the operation and delivery of Our Site, products and services. We will take commercially reasonable steps, where possible, to require any such third parties to comply with the terms of this Privacy Policy.
Your information will remain subject to the terms of this Privacy Policy even if We undergo a business transition. However, We may transfer your information to a successor person or entity upon an acquisition or other corporate reorganization. You hereby consent to such transfers, and We may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy Policy.
If you do not want Us to share or disclose your information as stated herein, please do not use the Site or submit personally identifiable information.
4. Third Party Websites
The Site may contain links to other applications and/or websites. We are not responsible for the privacy practices or the content of such third party services. When you submit information or data to third parties, their privacy policies, not Ours, will govern their use of your information and data. You should review the privacy policies and terms of service of all such third parties. We do not make any representations regarding the policies or practices of those third parties. Further, a link provided on the Site does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services or accessibility of that website.
5. Laws in Other Countries
We comply with United States privacy laws and regulations. We do not represent that Our Site is governed by, or operated in accordance with, the laws of other nations or jurisdictions, or that the Site or any portion of it is appropriate or available for use in any particular location. If you choose to access Our Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. By using the Site, visitors from outside the United States acknowledge and agree that Our Site is subject to United States laws and regulations, and waive any claims against Us that may arise under their own national laws.
6. Updates To Your PII
If you wish to update your PII, please contact us at Support@OrionMetalsExchange.com or by mail to Orion Precious Metals, Inc., Attn: Orion Metal Exchange, 12301 Wilshire Blvd., Suite 412, Los Angeles, California 90025.
7. Last Update
This Privacy Policy was most recently updated on September 1, 2017.
8. Questions
Support@OrionMetalsExchange.com or by mail to Orion Precious Metals, Inc., Attn: Support, 12301 Wilshire Blvd., Suite 412, Los Angeles, California 90025.
© Orion Precious Metals, Inc. 2017
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