Introduction

This privacy notice applies to Xclaim Inc. (“we” or “Xclaim”) and describes how we collect, use and share information about you collected via this web site (the “Site”). If you choose to register or provide information (the “Data”) to Xclaim through or on the Site, you agree to the use of the Data in accordance with this privacy notice.

Client Websites and Information Collection

We provide marketplace services and solutions for sellers and buyers of bankruptcy claims. As part of our services, we create, configure and host pages on the Site. Site visitors may access information and, in certain circumstances, engage in submit claims, ballots, rights offering subscription forms or similar voting or participation documents, or inquiries relating to the matters for which we are providing administrative-support services and solutions for our clients on such client-dedicated pages.

We collect certain personal information, oftentimes from the client or a site visitor, before allowing a site visitor to access certain information provided on a client-dedicated page hosted on the Site. Among other things, we may collect the following data: (i) name; (ii) personal identification information (including mailing addresses and/or telephone numbers); (iii) password; (iv) email address; and (v) position within the client or agent organization. We also collect information about visitor usage of the Site, including, without limitation, the amount of time a visitor spends on the client-dedicated page, the reports the visitor accesses, and other activities in which the visitor engages while on the Site. This information may be collected through the use of log files and/or cookies, web beacons, local shared objects (or Flash cookies), and similar tools. Please see our Website Use and Cookies Policy.

Use of Personal Information

Personal information submitted via the Site is used only for limited purposes. For example, when you register to gain access to a client-dedicated page, the information you submit may be used to manage our relationship with you, such as to provide you with information we feel would be of interest to you; or to facilitate responding to further requests or inquiries from you. We may also send you emails and communications regarding our products and services.

If you are located in the EU, we will only send you marketing communications and updates about our products, services and events with your prior consent. You can withdraw your consent at any time. You may at any time request to be removed from emails or other communications generated in response to your registration on the Site by following the unsubscribe instructions included in these emails, or by contacting us at webmaster@x-claim.com.

In addition, we may collect and analyze data on your use of our website and process it for the purpose of improving your online experience. Please see our Website Use and Cookies Policy for additional information.

Information that is contained in documents accessible via links on case websites is made available by order of the Bankruptcy Court and cannot be removed, modified, or otherwise altered, without further order of the Bankruptcy Court.

Storage of Personal Data

Xclaim will retain personal data for a reasonable period, taking into account legitimate business needs to capture and retain such information. Information will also be retained for a period necessary to comply with state, local, federal regulations, or country specific regulations and requirements, and in accordance with Xclaim’s document retention policy.

Your Rights

We understand that in certain circumstances you may have certain rights available under certain laws, including to the extent applicable the EU’s General Data Protection Regulation (“GDPR”), relating to your personal information.

In carrying out the bankruptcy administration services, we collect information under the direction of our clients, and we generally have no direct relationship with the individuals whose personal information we process. We are operating as a data processor and are processing such data on behalf of our clients, the data controllers. Our clients, acting as the data controllers, determine the purposes and means by which we process such data. At the direction of, and in accordance with, the instructions of our clients, we may allow visitors to access their personal information in our possession and to correct, amend, or delete inaccurate information. If you wish to exercise any rights under these laws, including the GDPR, or obtain additional information regarding the processing of data about you that we conduct on behalf of our clients, please refer to the privacy notice of the data controller or contact the data controller directly.

To the extent applicable under GDPR, where Xclaim is a data controller, you have the following rights concerning your data processed by Xclaim:

Access: You have the right request access to personal information that Xclaim holds about you.

Rectification: You have the right to ask us to rectify information Xclaim holds about you if it is inaccurate or not complete.

Erasure

You can request that Xclaim erase your personal data. Xclaim may not be able to erase your personal data based on the requirements of the bankruptcy court and/or applicable laws, rules and orders.  If Xclaim is able to grant this request, we will keep basic data to identify you and retain it solely for preventing further unwanted processing.  

Restrict Processing

You have the right to ask Xclaim to restrict how we process your data. This means we are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future.

Object to processing

Where processing is based on legitimate interests, you have the right to object to Xclaim processing your data. Xclaim will discontinue processing your data, unless we can demonstrate compelling legitimate grounds for the processing, which shall include, among other compelling legitimate grounds, that the processing is in connection with a bankruptcy case in which Xclaim has been ordered to process such information.  We will keep basic data to identify you and retain it solely for preventing further unwanted processing.

Portability

Where processing is based on consent or performance of a contract, you have the right to data portability. Xclaim must allow you to obtain and reuse your personal data for your own purposes in a safe and secure way without this effecting the usability of your data. This right only applies to personal data that you have provided to Xclaim as the Data Controller.

Please contact webmaster@x-claim.com to request access, rectification, or erasure, or to restrict processing, to object to processing, to request data portability.  The erasure or restriction of processing of your information may impact your legal rights. Xclaim is not a law firm and does not provide legal advice. If you are concerned your legal rights may be impacted, you should seek the advice of your own counsel.

Automated Decision Making

Automated decisions are defined as decisions about individuals that are based solely on the automated processing of data and that produce legal effects that significantly affect the individuals involved.

XCLAIM does not make automated decisions using personal data. If automated decisions are to be made, affected persons will be given an opportunity to express their views on the automated decision in question and object to it.

Providing Information to Xclaim

If you choose not to provide certain personal information, it may be an impediment to the exchange of information necessary for the execution of the contract or provision of services, and we may not be able to provide you with some services and you may not be able to participate in some of the activities on our website(s). In addition, your legal rights may be impacted.  Xclaim is not a law firm and does not provide legal advice. If you are concerned your legal rights may be impacted, you should seek the advice of your own counsel.

Sharing of Personal Data/Disclosure of Information to Third Parties

We only share your personal data with your consent or in accordance with this policy. We will not otherwise share, sell or distribute any of the information you provide to us except as described in this Privacy Notice.

Our arrangements with our clients may require us to provide all visitors’ information in our possession, including personal information, directly to the client with which the visitor is associated.

Personal information may also be provided to third-party service providers, such as vendors, consultants and other service providers who are performing certain services for or on behalf of Xclaim or its clients. These companies are authorized to use your personal information only as necessary, and in accordance with applicable law, to provide the applicable services to us. Xclaim requires these third parties to undertake security measures consistent with the protections specified in this notice.

Personal information will also be disclosed to law enforcement, judicial bodies, regulatory or other government agencies, or third parties where necessary, in our judgment, to comply with legal or regulatory obligations.

Personal information may also be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets, and we may transfer personal information to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership. You will be notified via email and/or a prominent notice on the Site of any such event.  Xclaim also may share personal information with its affiliates.

Except as set forth above, we will not make any of your personal information available to third parties.

We may share with third parties aggregated, non-personally identifiable information concerning Site usage, as we deem appropriate as part of our ongoing business activities.

Information Security

We have put in place physical, technological and operational security procedures designed to protect personal information provided by visitors via the Site from unauthorized third-party access. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee absolute security. You can also take additional measures to protect yourself and your information, such as keeping your anti-virus software up-to-date and keeping log-in credentials and passwords secure. Please contact us immediately at webmaster@x-claim.com if you suspect or experience any security-related issues.

Links to Third Party Websites

The Site may contain hyperlinks to other websites. This privacy notice does not apply to those websites. The use of any such other website may be subject to a privacy statement, terms of use, disclaimer or similar legal condition which may significantly differ from those set forth in this privacy notice or elsewhere on the Site. We strongly encourage you to review the privacy notice of any website you visit via the Site before supplying personal information through that website and to familiarize yourself with the terms, conditions and policies implicated by the use of those sites. We are not responsible for the privacy practices or the content of any such other sites.

Changes to the Privacy Notice

We reserve the right to modify or amend this privacy notice at any time and for any reason. We encourage you to periodically review this page for the latest information on our privacy practices. You can determine when this privacy notice was last modified or amended by checking the Effective Date at the start of the privacy notice.

Questions & Contact Information

If you have any questions or concerns regarding your privacy while using the Site, please direct them to the webmaster of the Site at support@x-claim.com.