PRIVACY POLICY

(This Privacy Policy has been updated and is effective as of July 15th, 2016.)

This is the privacy policy (the “Privacy Policy”) for those web sites (each a “Site” and together the “Sites”) to which this Privacy Policy is linked and identified as such web site’s privacy policy and which are operated by Orbital Express, Inc. (“Orbital,” “we,” “us” or “our”) on its own behalf or on behalf of its Affiliates.  The web site that you are visiting now and to which this Privacy Policy applies may be referred to herein as “this Site” or “the Site.”  The Privacy Policy governs how Orbital uses, collects and discloses the information gathered from or provided by users of this Site located in the United States, Canada and Mexico.  “Affiliates” shall be those entities that control, are controlled by or are under common control with, Orbital.

 

This Privacy Policy should be read in conjunction with this Site’s Terms of Use, which is incorporated herein by reference.  Capitalized terms used and not otherwise defined in this Privacy Policy shall have the meaning given to them in the Terms of Use.

1. Use by Users Outside the United States

This Site is intended for use only by users located in the United States and Canada.  If you are located outside of the United States (other than for users located in Canada) you are consenting to the transfer and/or transmission of your information into the United States and to the collection, use and disclosure of your information in accordance with this Privacy Policy.  You are also acknowledging that the laws of the jurisdiction in which the information is kept will determine the protections afforded to your personal information, and that such protections may not be as strict as your home jurisdiction. Orbital stores and processes the personal information it gathers through your use of the Site in the United States.

2. Agreement and your consent.

Please read this Privacy Policy carefully; it creates legal obligations. By using the Site, you are acknowledging that you have read and understand this Privacy Policy, you are agreeing to be legally bound by it, and you are consenting to the use, collection and disclosure of your information as provided in this Privacy Policy.

If you do not agree with all of the terms of this Privacy Policy, you should not use the Site.

3. Scope of Policy

This Privacy Policy applies to the Sites, including this Site, and it does not apply to other web sites, including other web sites operated by Orbital, its Affiliates or service providers, or sites that may be operated by others. Each of which are operated and managed by a separate company under separate terms and conditions and under a separate privacy policy, except as otherwise specified on those sites. When visiting other sites, even via links provided on this Site, please review the applicable privacy policies to be sure their terms are acceptable to you.

This Privacy Policy applies only to information we gather from you or that you provide to us online while visiting or using the Site. It does not apply to information gathered from or provided by you to us through other sites, offline, through other business arrangements with you, or through other means.

4. The Information We Collect

The Site offers business information about Orbital and its Affiliates.  The Site is not to be used by individual consumers to purchase consumer products or services.

The type of information we collect from users of the Site includes information by which an individual may be identified (“personal information”) such as their first and last name, email address, address, and telephone number.  We also collect business information from users, and information by which users cannot be individually identified, such as information about a user’s computer, Internet connection and Site usage.

We collect this information when you directly provide it to us, such as if you request information through the Site, register on the Site, sign up for a service through the Site, provide us with Suggestions through the Site, post User Posted Content to the Site, or if you send us information via email through the Site.

We also collect information automatically as you navigate through the Site, including about your equipment, browsing actions and patterns, including as follows:

 

  • We record general statistical and tracking information, such as the date and time you access the Site, the places you visit on the Site, and the time you spend using the Site.

 

  • We receive and record information about your computer and its systems and in our server logs from your browser, including your IP address (the Internet address of your computer), your computer and its systems, the type and version of your web browser, referrer addresses and other server log information.

 

  • We use cookies and other tracking mechanisms to recognize you when you return to the Site.  A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a site’s computers and stored on your computer’s hard drive. With respect to most computer systems, you may set your browser so that it does not accept cookies.   If you do disable the use of cookies, you may not be able to use or experience all of the features of our Site.

We also may, but are not obligated to, monitor your use of the Site.

5. Our Use and Disclosure of this Information

We may use the information that we collect about you or that you provide to us as set forth above, including your personal information, as follows:

 

  • For any Orbital and/or its Affiliates’ business purpose;

 

  • To provide you with the information, products and services that you request from us;

 

  • To fulfill any other purpose for which you provide the information to us;

 

  • To notify you about changes in the Site, its governing documents, or any products or services we offer through the Site;

 

  • To allow you to participate in interactive sections of the Site;

 

  • To inform you about our and/or our Affiliates’ programs, goods and services and/or those of third parties in which we determine you may be interested;

 

  • To communicate with you about your use of the Site and regarding Orbital and its Affiliates’ business;

 

  • For any other purpose to which you consent;

 

  • In any other way we may describe when you provide the information; and

 

  • To aggregate user information.

 

We may also use and disclose to others the information we gather from you, including your personal information, as follows:

 

  • To fulfill the purpose for which you provide the information, for any other purpose disclosed when you provide the information, and for any purpose to which you consent.

 

  • We may disclose your information to Affiliates of Orbital and allow them to use and disclose your information for any Orbital and/or its Affiliates’ business purpose.

 

  • We may employ other companies, services providers and our own Affiliates to perform functions on Orbital’s behalf, such as maintaining the Site, providing services related to the Site, collecting information, responding to and sending electronic mail, fulfilling orders for products, services or information, or other functions necessary to our business, and we may disclose your information to these companies so that they can perform their functions for us.

 

  • We may use and disclose your information as we view necessary or prudent to protect our and our Affiliates’ safety, rights and/or property and that of others and other users, to enforce and/or to report abuse or violation of the Site’s governing documents, and  in connection with our obligations under the DMCA.

 

  • We may use and disclose your information to carry out our obligations and enforce our rights arising from any contracts entered into between you and us and/or our Affiliates.

 

  • We may use and disclose your information to the extent we believe we are required to do so by law, including to comply with any court order, law or legal process, and to respond to any government or regulatory request;

 

  • We may transfer and disclose your information in connection with a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the assets of Orbital and/or one of its Affiliates, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which the information held by Orbital and/or the Affiliate is among the assets transferred.

 

Except as provided in this Privacy Policy, we will not disclose your personal information to unaffiliated third parties without your express consent.

We may compile statistical and aggregated information about users of the Site and their use of the Site, and we may use, disclose and transfer this information, as well as any information that does not identify an individual, and any Suggestions you provide, for any purpose without restriction.

6. Security

We have put in place security systems designed to prevent unauthorized disclosure of information you provide to us.  These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and we hereby disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

With respect to some services we provide customers, we may expressly agree at the time such services are requested to provide different, specific and higher levels of security and data segregation. In addition, in particular circumstances, when you submit certain information to us through this Site, we may agree in connection with such information to provide additional protections to, and restrictions upon our use of, your personal information.

7. Relationship to Other Contracts

The terms of this Privacy Policy do not affect or amend the terms of any specific contracts you have entered or may enter into with Orbital or its Affiliates, and your and Orbital’s (or its Affiliates’) respective obligations thereunder, except as otherwise expressly set forth in such contract.

8. Children

The Site is not directed to or intended to be used by persons under the age of 18, and Orbital does not knowingly collect personal information from persons under the age of 18. If we learn that a person under 18 has provided us with personal information through this Site, we will delete this information from our databases.

9. Update Your Personal Information. 

By agreeing to this Privacy Policy, you are agreeing to keep your contact information or other personal information we maintain up to date.  If your contact information or other personal information that you have provided to us through the Site needs to be updated, please promptly contact us at OrbitalXpress@gmail.com and provide sufficient information so that we can properly update your information.

10. Changes to this Privacy Policy.

From time to time, Orbital may change its Privacy Policy. We will post a notice of such changes for thirty days after the date of such change, which notice will be accessible  from the Privacy Policy link on our Site or may appear on the home page of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed, and to its application to all information gathered before and after its effective date.

11. Contact Us

If you have questions about this Privacy Policy, please send an e-mail to orbitalxpress@gmail.com.

CANADA PRIVACY STATEMENT

(This Policy Statement was last updated July 15th, 2016)

If you are Canadian, this privacy statement may apply to you.

Orbital Express, Inc. (“Orbital”) recognizes the importance of protecting personal information in a manner consistent with the laws of the countries in which it does business.  This Policy Statement (the “Statement”) sets forth the particular privacy principles that Orbital follows with respect to the personal information that it collects from Canadians.  This Statement operates in conjunction with the Orbital Privacy Policy, available at http://www.orbitalexpress.net/privacy-policy.  To the extent that this Statement and the Orbital Privacy Policy are inconsistent, this Statement will govern the collection, use and disclosure of personal information collected from Canadians.

1. SCOPE

This Statement applies to all personal information received by Orbital from Canada, in any format, including electronic, paper or verbal.

2. DEFINITIONS

For purposes of this Statement only, the following definitions shall apply:

“Agent” means any party that collects or uses personal information under the instructions of, and solely for, Orbital, or as to which Orbital discloses personal information for use on Orbital’s behalf.

“Orbital” means Orbital Express, Inc.

“Personal information” means any personally identifiable information. Personal information does not include information that is anonymized.

3. PRIVACY PRINCIPLES (CONSENT, COLLECTION AND USE)

Orbital identifies the purposes for collecting personal information at or before the time it is collected and informs individuals of the choice and means, if any, Orbital offers individuals for limiting the collection, use or disclosure of their personal information. Orbital will provide individuals with reasonable mechanisms to exercise these choices.

Orbital will not collect, use or disclose your personal information without your informed consent, unless required or permitted to do so by law, or unless otherwise noted in this Statement.

Orbital will only use and/or disclose personal information in accordance with the purpose for which it was collected, unless subsequently consented to, or when required or permitted by law.

If Orbital receives personal information from its subsidiaries, affiliates or other entities in Canada, it will use and disclose such information in accordance with the consent received by such entities at the time of collection and the choices made by the individuals to whom such personal information relates.

   ONWARD TRANSFERS

Orbital will obtain assurances from its Agents and any third party to whom Orbital discloses personal information that such Agent and/or third party will safeguard personal information consistently with this Statement. Orbital will enter into a contract with such Agent and/or third party prior to affecting a transfer of personal information, which contract will provide at least the same level of protection as is required by this Statement and by applicable privacy legislation.  Where Orbital has knowledge that an Agent and/or third party is using or disclosing personal information in a manner contrary to this Statement, Orbital will take reasonable steps to prevent or stop the use or disclosure of the personal information and/or to obtain the Agent’s and/or third party’s deletion, destruction, anonymization or return of the personal information.

   SECURITY

Orbital will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, use, disclosure, alteration and destruction.

   DATA INTEGRITY

Orbital will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Orbital will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.  Except as otherwise permitted or required by law, personal information is retained for so long as is reasonably necessary to fulfil the purposes for which it was collected, at which point it is deleted, destroyed, returned or otherwise anonymized.

   ACCESS

Upon request, Orbital will grant individuals reasonable access to personal information that it holds about them.  In addition, Orbital will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.  These requests can be made by contacting Orbital as provided below.

   ENFORCEMENT

Orbital will conduct compliance audits of its relevant privacy practices to verify adherence to this Statement. Orbital will use contractual or other means to ensure that its Agents provide a comparable level of protection over your personal information while the information is being processed by such parties.

Only employees whose duties require access to personal information are granted such access, and only to the extent necessary.  Employees are accountable for ensuring this Statement is followed at all times.  Any employee that Orbital determines intentionally violates this Statement will be subject to disciplinary action up to and including termination of employment.

4. RELATIONSHIP TO OTHER CONTRACTS

The terms of this Privacy Statement do not affect or amend the terms of any specific contract(s) you have entered or may enter into with Orbital or its Affiliates, and your and Orbital’s (or its Affiliates’) respective obligations there under, except as otherwise expressly set forth in such contract(s).

5. GOVERNING LAW AND DISPUTE RESOLUTION

Orbital is based in the state of California in the United States.  As a result, personal information may be processed, used, stored or accessed in the United States and may be subject to laws of that jurisdiction.  For example, information may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries.   In particular, information that is processed, used, stored or accessed in the United States may be subject to the Patriot Act and applicable anti-terrorism legislation, together with other legislation applicable within the United States.

Any questions or concerns regarding the use or disclosure of personal information should be directed to Orbital at the address given below. Orbital will investigate and attempt to resolve complaints and disputes regarding collection, use and disclosure of personal information in accordance with the principles contained in this Statement.

Any claim or cause of action you may have arising from, connected with, or relating to this Statement or to Orbital’s handling of your personal information, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

6. CONTACT INFORMATION

Questions or comments regarding this Statement and Orbital’s information handling policies and procedures should be submitted to Orbital Express, Inc. by mail or e-mail as follows:

By mail:  Orbital Express, Inc., 6508 W Fairmont Ave, Fresno, CA  93723

By e-mail: orbitalxpress@gmail.com

7. CHANGES TO THIS STATEMENT

Any changes to this Statement and to Orbital’s information handling practices will be acknowledged in this Statement in a timely manner. Orbital may add, modify or remove portions of this Statement when it feels that it is appropriate to do so.  For substantive changes, Orbital will make reasonable efforts to give notice of any changes to this Statement. Orbital may provide notifications of substantive changes prominently on its website and/or send an email or other form of communication notifying individuals of substantive changes to the Statement.  Substantive changes to the Statement will be binding thirty (30) days after such changes have been introduced and for which notification of such substantive changes has been made.  The date when this Statement was most recently amended is noted at the top of this Statement.