Privacy Policy
Last updated on July 28, 2011
1. Overview
1.1 ChinaDiamondExchange.com (CDEX) offers free as well as subscriber/membership based services ("the Services") through its ChinaDiamondExchange.Com website. In order to operate the Services and to be in compliance with the Terms of Service, CDEX may ask you to provide us with company, personal, credit card and/or bank account details. This Privacy Policy applies to all CDEX services and describes the information we collect and how we use that information.
1.2 CDEX takes the privacy of your personal information very seriously and will use your information only in accordance with the terms of this Privacy Policy. We will not sell or rent your personally identifiable information or a list of our customers to third parties. However, as described in more detail in Paragraph 3 below, there are limited circumstances in which some of your information will be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy. This Privacy Policy applies to all services provided by CDEX, whether CDEX offers the services, by its subsidiaries, or by its affiliates in CDEX.
1.3 By using this website, you agree to accept the Privacy Policy and CDEX Terms of Service (TOS). By using this website and by applying for any of the subscription or membership based services offered through this website, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy is incorporated into the terms of the CDEX TOS.
1.4 Please note that your personal information will be stored and processed on our computers, in accordance with governing laws. CDEX will hold and transmit your personal information in a safe, confidential and secure environment. If you object to your personal information being transferred or used as described in this Privacy Policy, please do not register for the Services.
1.5 Notification of Changes
This policy may be revised over time as new features are added to the Services or as we incorporate suggestions from our customers. If we are going to use or disclose your personally identifiable information in a manner materially different from that stated at the time we collected the information, you will have a choice as to whether or not we use or disclose your information in this new manner. Any material changes will be effective only 30 days after we post an amended Privacy Policy.
We will post the amended Privacy Policy prominently on our Web site so that you can always review what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check this Web site at any time for the most current version of our Privacy Policy.
1.6 This Web site may include links to third party Web sites. Their own privacy statements govern these sites, and CDEX is not responsible for their operations, including but not limited to their information practices. Users submitting information to or through these third party Web sites should review the privacy statement of these sites before providing them with personally identifiable information.
2. Information We Collect
2.1 Required Information
To subscribe to the Services, you must provide company details, address, phone number, credit card, debit card and bank account information, and e-mail address. In order to trade through our CDEX trading systems, you might be required to provide additional information. This required information is necessary for us to approve your membership and to process transactions or to contact you should the need arise in administering your membership.
If you choose to register or apply for certain optional/additional features or products offered through CDEX Web sites, you will be required to provide additional information to establish that you qualify for such features or products.
2.2 Transaction Information
When you list a diamond for sale, purchase or sell a diamond, or use the Services in any way, we record information related to each transaction, including the amount of the transaction. We retain this information for each of your transactions information on our websites. We also collect the Internet address (IP address) of the computer or device you use to access your CDEX account, in order to help detect possible instances of unauthorized transactions.
2.3 Information About You From Third Parties
In order to protect us and our customers against potential frauds, we may verify with third parties the information you provide. In the course of such verification, we receive personally identifiable information about you from such services. This may include background and credit checks by obtaining information about you and your business from a credit bureau or a business information service. If you incur a debt to CDEX, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, to the extent permitted by law. CDEX, at its sole discretion, also reserves the right periodically to retrieve and review a business and / or consumer credit report for any account, and reserves the right to close an account based on information obtained during this credit review process.
2.4 Additional Verification
If we cannot verify the information that you provide we may ask you to send us additional information by fax (such as your drivers' license, credit card statement, and/or a recent utility bill or other information linking you to the applicable address), or to answer additional questions online to help verify your information.
2.5 Web Site Traffic Information
Because of the way that World Wide Web communication standards work, when you arrive at or leave this Web site, we automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our Web site you visit while you are on the site, the type of browser you use and the times you access our Web site. We use this information only to try to understand our customers' preferences better and to manage the load on our servers, so as to improve our service and your experience with CDEX. We do not track the Web sites that you visit before or after you leave the CDEX site.
2.6 CDEX Message Center
Messages sent to you and from you through the CDEX are kept and maintained by CDEX.
2.7 Our Use of "Cookies"
This Web site uses cookies to enhance your browsing experience. Cookies are small pieces of information saved by your browser onto your computer. Cookies are used to remember various aspects of your visit. To guarantee a consistent and uninterrupted experience we use this information. Cookies will allow you to revisit without losing many of your settings. We do not use cookies to save personal information for outside uses.
2.8 Customer Service Correspondence
If you send us correspondence, including e-mails and faxes, we retain such information in the records of your account. We will also retain customer service correspondence and other correspondence from CDEX to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our Terms of Service Agreement. We may, over time, delete these records if permitted by law.
2.9 Questionnaires, Surveys and Profile Data
From time to time, we offer optional questionnaires and surveys to our users for such purposes as collecting demographic information or assessing users' interests and needs. The use of the information collected will be explained in detail in the survey itself. If we collect personally identifiable information from our users in these questionnaires and surveys, the users will be given notice of how the information will be used prior to their participation in the survey or questionnaire.
3. Our Use and Disclosure of Information
3.1 Internal Uses
We collect, store and process your personal information on our servers. We use the information we collect about you in order 1) to provide our services and process your transactions, 2) to provide customer service, 3) to determine your eligibility to receive special trading privileges or products and 4) to improve our products and services.
3.2 Disclosure to Other CDEX Customers
If you are a registered CDEX member, your name, Company name, telephone numbers and e-mail address in addition to the diamonds you are listing for sale may be displayed to other CDEX members. However, your credit card number, bank account and other financial information will NEVER be revealed to anyone except with your express written permission or if we are required to do so pursuant to a subpoena or other legal process.
3.3 Disclosure to Third Parties Other Than CDEX Customers
CDEX will not sell or rent any of your personally identifiable information to third parties. CDEX will not share any of your personally identifiable information with third parties except in the limited circumstances described below, or with your express permission (and with other CDEX customers as described above). These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared.
We disclose information we collect in response to a law enforcement request, subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action.
We disclose information we collect in circumstances in which CDEX believes the Services are being used in the commission of a crime; when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary either to protect the rights or property of CDEX, the Services or our subsidiaries, or affiliates in the CDEX, or for us to render the Services provided.
We disclose information we collect to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).
We share aggregated statistical data with our business partners or for public relations. For example, we may disclose that a specific percentage of our users have addresses in New York. However, this aggregated information is not tied to personally identifiable information.
We share your information with our parent, subsidiaries, affiliates and joint ventures to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.
3.4 Our Contacts with CDEX Customers
We communicate with users on a regular basis via e-mail to provide requested services, and we also communicate by phone or letter. We use your e-mail to send information, transaction confirmations and to send notices and other disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature rather than promotional. We also use your e-mail address to send you other types of communications that you can control, including the CDEX weekly newsletters.
3.5 Internet Address Information
We use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use.
3.6 Your Use of Information and Our Services
In order to facilitate the transactions between CDEX members, our Service allows you limited access to other users' contact or shipping information. As a member you may have access to the User's name, email address and other contact or shipping information of other members. By consenting to the applicable Terms of Service, you agree that, with respect to other users' personally identifiable information that you obtain through the site or through an CDEX-related communication or CDEX-facilitated transaction, you will only use this information for: (a) CDEX-related communications that are not unsolicited commercial messages, (b) using services offered through CDEX (e.g. diamond sales, shipping or insurance), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In all cases, you must provide users with the opportunity to remove themselves from your database and review any information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another CDEX user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel and other rights holders are given different rights with respect to information they access.
CDEX does not tolerate spam. Therefore, without limiting the foregoing, you may not add a CDEX user to your mail list (email or physical mail) without their expressed consent after adequate disclosure, even if said user has previously made a purchase from you. We strictly enforce our Anti-Spam Policy. To report CDEX-related spam, please send an email to: support@cdexmail.com
4. Information Security
4.1 CDEX is committed to handling customer information with high standards of information security. We restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you.
4.2 The security of your subscription to any of the Services also relies on your protection of your password. You may not share your password with anyone. CDEX will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the website.
4.3 Any e-mail or other communication requesting your password, asking you to provide sensitive account information via email, should be treated as unauthorized and suspicious and should be reported to CDEX immediately. If you do share your CDEX password with a third party for any reason, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please contact us immediately.
