Safe Harbor and Online Users Privacy Policy of Excello Circuits, Inc.

1. Purpose

Excello Circuits, Inc. (“Excello”) have created the following Privacy Policy

  • to comply with the United States Safe Harbor, and
  • to govern information Excello generally receives through this Web Site. The scope and terms of this Privacy Policy are set out below.
2. Your Agreement

. Your use of this Web Site, or submission of information via this Web Site, constitutes your agreement to the terms of this Privacy Policy. Please review these terms to ensure they are acceptable. In addition, please also review our Terms of Use, located elsewhere on this Web Site to ensure they are similarly acceptable.

3. Safe Harbor Certification.

Excello has adopted

  • this Safe Harbor and Online Users Privacy Policy and
  • a separate Excello Employee Privacy Policy in order to participate in the US Safe Harbor.

Excello certifies with the U.S. Department of Commerce that these Privacy Policies comply with the Safe Harbor and provide the adequate protections specified in the Data Protection Directive.

4. Scope of Policy; Application to Excello.

This Privacy Policy governs the practices of Excello in respect of the collection, use and disclosure of data that personally identifies an individual or company or that may be used to personally identify an individual or company “Personal Data”. Personal Data includes data such as an individual's name, address, phone number, email address, user ID and password, personal billing information, and credit card information. This Privacy Policy does not apply to any other data subjects.

4.1. No Application to Excello Employees; Employee Personal Data Protection.

This Privacy Policy does not set out the Personal Data Protection Practices of Excello with respect to employees of Excello.

5. Site Visitors.

Information which Excello may receive concerning visitors using the Excello Web Site falls into two broad categories: Aggregate Information (defined below in Section 5.1) and Personal Data (defined in Section 4.1 above). This Section sets out Excello’ practices to protect the Personal Data applicable to visitors of this Web Site.

5.1. Aggregate Information from Site Visitors.

"Aggregate Information" is information that does not identify a visitor to this Web Site, and may include, for example, statistical information concerning the web pages on the Excello Web Site that users most frequent. Aggregate Information may be collected through cookies and similar Internet technologies. "Cookies" are small text files that a web site can use to recognize repeat users, to facilitate the user's ongoing access to and use of the site, and to compile aggregate data to improve the web site and focus advertising. If Excello uses cookies or other similar internet technologies on its Web Site, these technologies will not collect or retain the visitor of the Web Site’s name or other Personal Data. In addition, no third parties are permitted to use for their own purposes cookies Excello may create at the Excello Web Site. With Aggregate Information, Excello may undertake or commission statistical and other summary analyses of visitors of this Web Site’s behavior and characteristics when visiting the Excello Web Site. Although Excello may share this aggregate information with third parties, no aggregate information Excello provides to third parties will allow such third parties to identify a visitor to this Web Site, or gather any Personal Data about visitors to this Web Site.

5.2. Personal Data from Site Visitors.

Excello may receive Personal Data from visitors to this Web Site, where applicable,

  • to submit questions or comments to Excello or its staff,
  • to request information about products or services offered by Excello,
  • request a quote for products or services performed by Excello, or
  • to employ other features that may be available at the Web Site which call for submission of Personal Data.

Excello uses Personal Data which visitors submit through the Excello Web Site

  • to respond to an inquiry or request for quote provided by a visitor to the Web Site (although Excello in this Privacy Policy undertakes no obligation to respond to any inquiry or request of quote), and
  • to provide the services or products requested by the visitor, where the requested services or products are, in fact, offered by Excello and are in accordance with Excello’ standard business procedures.
5.3. Further Uses.

Excello may wish to use Personal Data for purposes which are in addition to those specified in Section 5.2. (Personal Data from Site Visitors) and which do not involve disclosures beyond those permitted in Section 11 (Onward Disclosures). If Excello uses Personal Data for these additional purposes, such as for contacting the visitor to the Excello Web Site independent of an inquiry from such visitor, such visitor shall be entitled to opt-out of such additional uses in accordance with Section 10 (Choice and Opt-Out Rights).

5.4. Disclosure.

Excello will not disclose Personal Data received from visitors to the site except in accordance with Section 11 (Onward Disclosures).

6. Employment Applicants.

The Excello Web Site allows individuals to submit an application for employment with Excello through the Excello Web Site (an “Employment Applicant”). Applications submitted by Employment Applicants will include Personal Data. This Section provides Excello’ protection practices with respect to the Personal Data submitted through this Web Site.

6.1. Use of Employment Applicants' Personal Data.

Excello uses Personal Data it receives from Employment Applicants

  • to process the Applicants' applications,
  • to contact references which may be identified in such applications,
  • to collect and compile additional information concerning the Applicant from available sources, consistent with applicable law, and
  • to evaluate the Employment Applicant's candidacy for employment.
6.2. Further Uses.

Excello may wish to use an Employment Applicant's Personal Data for purposes which are in addition to those specified in Section 6.1 (Use of Employment Applicant's Personal Data) and which do not involve disclosures beyond those permitted in Section 11 (Onward Disclosures). If Excello uses an Employment Applicant's Personal Data for these additional purposes, such as for contacting the Employment Applicant independent of the employment application process, the Employment Applicant shall be entitled to opt-out of such additional uses in accordance with Section 10 (Choice and Opt-Out Rights).

6.3 Disclosure.

Except as otherwise set forth herein, Excello will not disclose Personal Data received from an Employment Applicant except in accordance with Section 11 (Onward Disclosures).

6.4. Sensitive Data.

Excello does not request Personal Data that discloses the medical or health condition; race or ethnicity; political, religious or philosophical affiliations or opinions; sexual orientation; or trade union membership (“Sensitive Data”) of an Employment Applicant or any other user of this Web Site, except as expressly permitted under the local laws and regulations of the applicable jurisdiction. In the event an Employment Applicant submits Sensitive Data, Excello will handle such Sensitive Data in accordance with Section 8 (Sensitive Data).

7.1. Excello Has No Obligation to Consider Application.

Due to the nature of the Internet and the structure of the Excello Web Site, Excello may receive

  • substantially more applications through this Web Site than Excello wishes to review,
  • applications which do not meet the requirements for positions that are available, and
  • applications at points where no positions are currently available.

Accordingly, there is no assurance that Excello will process or review materials which Employment Applicants submit seeking employment with Excello. Excello expressly disclaims any obligation to engage in such processing or review, and disclaims any obligation to respond to any Employment Applicant submissions.

8. Sensitive Data.

This Section provides Excello’ practices to protect the Sensitive Data of visitors of the Web Site.

8.1. Compliance with Law.

Excello complies with the laws and regulations applicable to Sensitive Data in their respective jurisdictions, and does not collect or request Sensitive Data except in accordance with such laws and regulations.

8.2. Additional Protections for Sensitive Data.

If Excello receives Sensitive Data, Excello will not disclose such Sensitive Data to any third party and will not use the Sensitive Data for any purpose other than

  • for the purpose for which it was originally provided by the sender of the Sensitive Data or
  • for a later purpose expressly authorized or consented to by the sender of the Sensitive Data, except as provided below in Section 8.3 (Exception from Consent Requirement for Certain Disclosures).
8.3. Exception from Consent Requirement for Certain Disclosures.

Notwithstanding the requirements of Section 8.2 (Additional Protections for Sensitive Data), Excello shall be entitled to use or disclose Sensitive Data (as well as Personal Data) where such disclosure or use:

  • is in the vital interests of the sender of the data or another person,
  • is necessary for the establishment of legal claims or defenses,
  • is required to provide medical care or diagnosis,
  • is necessary to carry out Excello’ obligations in the field of employment law, or
  • is related to data manifestly made public by the sender of such Sensitive Data.
9. Confidentiality and Security of Personal Data.

Excello maintains physical, electronic and procedural safeguards designed to secure the Personal Data of the users and visitors of this Web Site, and to prevent unauthorized access. These technical security systems are structured to deter and prevent hackers and others from accessing the Personal Data of the users and visitors of this Web Site.

9.1. Limitations on Technical Protections.

Due to evolving technologies, Excello cannot provide assurance that Personal Data provided will remain free from loss, misuse, or alteration through third parties who, despite Excello’ efforts, obtain unauthorized access.

9.2. Employee Education.

Employees of Excello with access to Personal Data concerning users and visitors of this Web Site are educated concerning Excello’ applicable Personal Data protection practices, and employees who violate these practices are subject to disciplinary process.

10. Choice and Opt-Out Rights.

Excello will use the Personal Data of users and visitors of this Web Site for the purposes specified in Section 5 (Site Visitors), Section 6 (Employment Applicants), above (collectively, "Original Purposes"). Excello may wish periodically to use such Personal Data for purposes other than the Original Purposes, including for purposes of providing the users and visitors of this Web Site with direct marketing and other information. Information provided to a visitor of this Web Site for such purposes is referred to collectively as "Direct Marketing Information."

10.1. Opt-Out Notice.

If a user or visitor of this Web Site does not want to receive Direct Marketing Information from Excello, such visitor shall send a letter to Excello in accordance with Section 18 hereof and mail it to Excello. 10.2. Response. If Excello receives an Opt Out Notice for Direct Marketing from a user or visitor of this Web Site, Excello will restrict their uses of such person’s Personal Data to the Original Purposes, or such other purposes as such person may authorize, subject to the Data Subject's rights under Section 12 (Rights to Access, Change, or Delete Personal Data). Excello shall be entitled to a reasonable period of time to process a request under this Section 11 (Choice and Opt-Out Rights).

11. Choose and Opt-out Rights; Onward Disclosures.

Excello discloses Personal Data of users of this Web Site only to its employees who have a reasonable "need to know" such Personal Data, and such employees are under obligations of confidentiality to Excello. Excello will not disclose the Personal Data of users of this Web Site to anyone other than such reasonable "need to know" employees, except as provided below in this Section 1 (Onward Disclosures) and in Section 16 (Assignment).

11.2. Excello Agents.

Excello may disclose Personal Data of users or visitors of this Web Site (i) to a third party that is acting as Excello’ agent to perform tasks on Excello’ behalf and under Excello’ supervision, provided the third party either (a) subscribes to the Safe Harbor principles or (b) agrees

  • to provide auditable protections for such person’s privacy interests that are no less protective than those set out in this Privacy Policy, and
  • to use the Personal Data only for the purposes for which the third party has been engaged by Excello.
11.3. Other Third Parties.

Except as provided for herein, Excello will not disclose Personal Data of users or visitors to this Web Site to any third party other than one identified in this Section 11 (Onward Disclosures) without such person’s express consent.

12. Right To Access, Change, or Delete Personal Data.

Upon reasonable request, and to the extent the request does not compromise Excello practices to protect Personal Data, Excello allows users and visitors of this Web Site access to their Personal Data to correct, amend or delete such Data.

12.1. Requests.

All requests under this Section 12 (Right to Access, Change, or Delete Personal Data) must be sent in writing to the address specified below in Section 18 (Complaints, Questions, and Requests).

12.2. Timing of Response.

Excello will endeavor to timely respond to proper requests for access and changes or deletions under this under this Section 12 (Right to Access, Change, or Delete Personal Data). Any questions or inquiries concerning the timing of Excello’ response should be directed to the address specified below in Section 18 (Complaints, Questions, and Requests).

12.3. Conditions.

Excello reserves

  • the right, where permitted by law or other legal authority, to charge a reasonable fee to cover the costs incurred in responding to an appropriate request, and
  • reserves the right to delete such information, rather than correct or update this information where the information retains limited utility.
12.4. Extent of Data Deletions.

Upon fulfilling a requested deletion of Personal Data under this Section 12 (Right to Access, Change, or Delete Personal Data), Excello will cease to use such Personal Data and will use commercially reasonable efforts to remove all record of such Personal Data; however, it may be impossible to delete the information completely from applicable Excello databases, due to backups and records of deletions.

13. Privacy Protection For Children.

The Excello Web Site is not directed at children, and Excello will not accept or request Personal Data from individuals Excello knows to be under 13. In accordance with the Children's Online Privacy Protection Act of 1998, if Excello learns that a child under 13 has provided Personal Data, Excello will delete this information from its databases, in accordance with its deletion policy, set out in Section 12 (Right to Access, Change, or Delete Personal Data).

14. Exceptions.

As further provided herein, Excello may disclose Personal Data as may be required in legal proceedings, or in response to a subpoena, court order, or administrative order compelling disclosure. In addition, in cases involving a threat of imminent harm to a Data Subject or to others, Excello may release such Personal Data to prevent or mitigate the threat. In any such case, Excello will seek to limit the scope of disclosure, and will disclose only such Personal Data as is reasonably required to fulfill the purpose of the disclosure.

15. Changes to This Privacy Policy.

The practices of Excello to protect Personal Data defined in this Privacy Policy are current as of January 1, 2015. Excello reserves the right to change this Privacy Policy from time to time consistent with applicable privacy laws and principles. Unless such changes afford greater protections to the privacy interests of users and visitors of this Web Site, such changes will apply only to Personal Data received after the effective date of such change. Users and visitors of this website should refer to this Privacy Policy for information concerning such changes. Where Excello deems appropriate, other forms of notice will be given concerning such changes.

16. Assignment.

Excello shall be entitled to assign or transfer to a third party Personal Data that Excello receives under this Privacy Policy, in connection with the sale or transfer of all or an applicable portion of its business or assets; provided such third party agrees before receipt of such data to comply with restrictions on the use of such data that are no less protective of the privacy interests of users and visitors of this Web Site than those set out in this Privacy Policy.

17. Choice Of Law And Jurisdiction.

This Privacy Policy shall be construed in accordance with the laws of the State of Missouri, without regard to any conflict of law provisions. Any dispute arising under this Privacy Policy shall be resolved exclusively by the state sitting in Orange County, California, or in the case of Federal Jurisdiction is proper, the Southern District of California.

18. Complaints, Questions, and Requests.

Safe Harbor and Online Privacy Policy Data Subjects may contact Excello (i) with complaints concerning this Privacy Policy or its implementation, (ii) with questions concerning this Policy, and (iii) with requests under Section 12 (Right to Access, Change, or Delete Personal Data), at the following address:

Excello Circuits, Inc.
1924 Nancita Cir.
Placentia, CA 92870

Opt-Out Notice For Direct Marketing

Capitalized terms in this Notice are defined in Excello’ Privacy Policy for Safe Harbor and Online Users. This Policy is located at www.Excello.com

Excello periodically may wish to use Personal Data to send Direct Marketing Information to users and visitors to its Web Site located at www.Excello.com (the “Excello Web Site”). Such users and visitors of the Excello Web Site have the right to opt-out of receiving such Direct Marketing Information, in accordance with Section 10 of Excello’ Privacy Policy for Safe Harbor and Online Users. If you are a user or visitor to the Excello Web Site, and you choose to exercise this opt-out right, please send a letter to the address below informing Excello of your desire to exercise your right to opt-out.

Excello Circuits, Inc.
1924 Nancita Cir.
Placentia, CA 92870

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