GEMEX SYSTEMS, INC. PRIVACY POLICY

EFFECTIVE DATE: OCTOBER 1, 2009

GemEx Systems, Inc, (“GemEx”) respects your concerns about privacy and values our  relationship with you. This Privacy Notice applies to the online practices of www.gemex.com and www.diamondlightperformance.com Web sites. The Notice describes the types of information we collect, how we may use that information and with whom we may share it. Our Privacy Notice also describes the measures we take to protect the security of the information. We also tell you how you can reach us to update your contact information, remove your name from our mailing lists or get answers to questions you may have about our privacy practices at these sites.

 

INFORMATION WE COLLECT AND HOW WE USE IT

Your Personal Information
You may choose to provide personal information (such as your name, address, telephone number and E-mail address) online via our Web sites. Here are the ways in which you may provide the information and the types of information you may submit. We also tell you how we may use the information.

Information Request
If you request information about our products or access to our proprietary Web pages and tools, we may ask you to provide details such as your name, E-mail address, telephone number, if you have a GemEx product and its ID number, your jewelry interests, etc. You also may choose to provide additional comments and requests. We, or an authorized dealer in your area, will use your details to send you information if so requested and to communicate with you in the future about our products and services.

Newsletters and Other 
From time to time, our site may offer online newsletters and other communications about our products, services and promotions. To sign up, we will ask you for information such as your name, postal address and E-mail address. We, or an authorized dealer in your area, use the information to send you the communications you request and to communicate with you about our products and services.

Contacting Us
If you E-mail us or the companies named in the Web site pages which are affiliated with GemEx, we will receive your E-mail address and any other information you choose to include in your E-mail to respond to your inquiry. If you choose to communicate with us through the “Contact Us Here” link on our Web sites, we may ask you for information such as your name, E-mail address and telephone number so we can respond to your questions and comments. We, or an authorized dealer in your area, also may use the information you provide to communicate with you about our products and services.

Customer Service Calls
You may choose to contact our Customer Service, to order parts, or contact us with questions on our products. Depending on your request, we may ask for information such as your name, postal address, E-mail address, telephone number, product ID or serial  number. We use this information to provide you with the service and assistance you requested. We also may use the information to communicate with you about our products and services.

Feedback, Surveys, or Contests
From time to time, we may ask you to participate in online surveys, solicitations, or contests. Additional information requested may include contact information (such as e-mail address) and demographic information (such as number of family members and income by ranges). Participation in surveys, solicitations, or contests is completely voluntary. Therefore, you have a choice as to whether to disclose any information. We, or an authorized dealer in your area, will use the information provided to notify contest winners and award prizes, to monitor or improve the use of one or more sites or advertising, and to provide aggregated information for marketing analyses. This information will be used to analyze the general public’s present and future needs related to our products, and to communicate with you about our products and services, and to send you further notices, promotions, solicitations, or brochures, and other marketing materials regarding our Web site, our products, and the services of our businesses and the businesses of our affiliates, business partners, or authorized dealers, unless we have been notified that you do not wish to be contacted for marketing concerns by contacting us as indicated in the “How to Contact Us” section of this Notice. Solicitations may take the form of mailings via U.S. mail or other couriers, or E-mail (if provided).

Locate A Retailer
You may want to locate a retailer near you by completing a “find a retailer” request form. We ask you for information such as your first and last name, e-mail address, full postal address and telephone number. We use this information to locate a dealer near you, to evaluate your need and to give you the best and most relevant service. We, or an authorized dealer in your area, also may use the information to communicate with you about our products and services.

Ask for a Quote
Before purchasing one of our products, you may want to ask for a quote. We ask for certain information such as name, E-mail address, full postal address, telephone number, etc. We will use this information to create the quote and to send it to you. We, or the authorized dealer in your area, may also use this information to communicate with you in the future about our products and services.

Owner’s Programs or Rewards Programs
If you would like to participate in our GemEx International Diamond Registry or other programs, we may ask for information such as name and E-mail address so that we can enroll you in these programs and communicate with you.

Online Sales
Our branded merchandise is offered for sale by us through our Web site, or through an authorized dealer’s Web site which is linked to our site. If your purchase will be conducted other than on our Web site and you should review the privacy notice and terms of use that apply to that Web site.

Employment Opportunities
We may include a link to submit your resume and other information, such as your name, contact information, and job history. We use the information you submit to evaluate your interest in employment and to contact you regarding possible employment.

Other Features
We offer consumers various features on our Web sites for their information and enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we, or an authorized dealer in your area, may use this information to provide you with these features or to communicate with you in the future about our products and services.

Other Uses of Information
We may use the personal information you provide for internal purposes. These purposes include administration, data analytics and compliance with our legal obligations, policies and procedures.

INFORMATION WE COLLECT BY AUTOMATED MEANS

We collect certain information by automated means when you visit our Web sites, such as how many users visited our sites and the pages accessed. By collecting this information, we learn how to best tailor our Web sites to our visitors. We collect this information through various means such as “cookies” and “Web tags” We may collect IP addresses, as explained below.

Cookies
Like many companies, we use “cookies” on our Web sites. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain Web sites. We use cookies to tell us, for example, whether you have visited us before or if you are a new visitor and to help us identify site features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all our Web site features.

Web Tags
Certain pages on our Web sites contain “Web tags”  These Web tags allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the tags appears, the URL of the page on which the tag appears, the time the page containing the tag was viewed, the type of browser used to view the page, and the information in cookies.

IP Addresses
An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our Web sites, we may view the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what regions of the world our Web site visitors come. We also may use this information to enhance our Web sites.

 

INFORMATION WE SHARE

We do not sell or otherwise disclose information about our Web site visitors, except as described here. We may share the information you provide among our subsidiaries and affiliates, and with GemEx business partners, such as our joint marketing partners and retailers and distributors of our products. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or (iv) if this is necessary to protect the vital interests of the a person.

If you are a California resident, you may ask us to refrain from sharing your information with third parties and among our affiliates for their marketing purposes, if the affiliates are separate legal entities. Please tell us your preference by contacting us as indicated in the “How to Contact Us” section of this Notice.

We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use information you have provided through our Web sites in a manner that is consistent with this Privacy Notice.

 

LINKS TO OTHER SITES

Our Web sites may provide links to other Web sites for your convenience and information. These Web sites may operate independently from this site. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked Web sites you visit are not part of this site, we are not responsible for their content, any use of the sites, or the privacy practices of the sites.. To the extent any linked Web sites

 

HOW WE PROTECT PERSONAL INFORMATION

We maintain administrative, technical and physical safeguards to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the information you provide on our Web sites.

INFORMATION WE TRANSFER
Web sites to which this Privacy Notice applies are United States-based Web sites and are subject to United States law. We may transfer the personal information we collect on this site to other countries where we do business, which may not have the same data protection laws as the country in which you reside. When we transfer your information to other countries, we will protect that information as described here, even though a given country may not have the same privacy and data protection laws as the country in which you reside.

ACCESS AND CORRECTION
We provide Web site visitors with reasonable access to personal information they provide through our sites and the ability to review and correct it, as applicable. To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your information.

UPDATES TO OUR PRIVACY NOTICE
This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our online information practices. We will post a prominent notice on this site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was most recently updated.

YOUR CHOICES – HOW TO CONTACT US
If you would like to update your contact information or preferences, have your information removed from our mailing lists, or no longer receive marketing E-mails resulting from information collected via product registration cards or other sources, please contact:

Paul Town, Marketing Division,6040 W. Executive Dr.  Ste A.  Mequon, WI  53092Phone: 262.242.1111, Fax: 262.242.1191, E-mail: pault@gemex.com

TERMS OF USE

Adopted October 1, 2009

Welcome to the GemEx.com Web site operated by GemEx Systems, Inc. (“GemEx”). Throughout the site, the terms “GemEx,” “we,” “us” and “our” refer to GemEx. GemEx offers this Web site, including all information, tools and services available from this Web site, to you, the user, conditioned upon your acceptance of all these Terms of Use. Your affirmative act of accessing or using this site signifies your consent to, without limitation or qualification, these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use the site.

We reserve the right to modify the contents of this site at any time, including the features, availability, or operation of the site, these Terms of Use, or any policy or notice posted on the site. You agree that it is your responsibility to monitor changes to the site, and your continued use of this site following the posting of changes means that you agree to and accept the changes.

ABILITY TO ACCEPT TERMS OF USE
You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to qualify under, abide by, and comply with these Terms of Use.

ACCURACY OF INFORMATION
All of the information presented on this site is for informational purposes only. The information and features on this site do not constitute binding offers to buy or sell products or services described on the site, or to make such products or services available in your area. Most GemEx products are offered for sale by independent retailers, and the purchase of any such products or services are subject to the terms and conditions of the applicable sale, or retail installment contract. Likewise, none of the information presented on this site regarding job openings constitutes a binding offer to employ you or individuals you may refer for these jobs.

GemEx does not represent or warrant that any products or services depicted or mentioned on this site are currently available for sale, are still in production, or have been tested for commercial use. Regardless of any information presented on this site, GemEx reserves the right without prior notice to discontinue services, products, models, parts, accessories, and other items, or change specifications at any time, without incurring any obligations. Likewise, GemEx does not represent or warrant that job opportunities depicted or mentioned on this site are currently available. This site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Although GemEx makes reasonable efforts to ensure that all material on this site is correct, accuracy and integrity cannot be guaranteed, and GemEx does not assume any responsibility or obligation for the accuracy, completeness or authenticity of material on the site.

USE OF THE SITE
All content included on this site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, as well as the selection and arrangement thereof, are the exclusive property of GemEx, its affiliates, its licensors or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download and print the material contained on the site only for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services described on, or obtained from, the site, is expressly prohibited. GemEx retains full and complete title to the material provided on the site, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time in GemEx’s sole discretion. GemEx neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with GemEx.

You may not use contact information provided on the site for improper purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. GemEx reserves the right, in its sole discretion, to terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any right or relief to which GemEx may be entitled, at law or in equity.

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address or other identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

LINKS
This site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Your correspondence or business dealings with any entities found through linked sites are solely between you and such entity. GemEx is not responsible for any losses, damages, or other liabilities incurred as the result of any such dealings.

TRADEMARKS
Trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of GemEx, its affiliates, its licensors, its content providers, and other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. GemEx reserves all rights not expressly granted in and to the site and its content.

DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. GEMEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GEMEX OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. GEMEX DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITTY
YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT GEMEX, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, GEMEX’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GEMEX OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GEMEX, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH GEMEX IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND GEMEX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IDEMNIFICATION
By using this site, you agree to indemnify, defend and hold harmless GemEx and its subsidiaries, affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. GemEx reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with GemEx in defense of such matter.

JURISDICTION
The site is controlled by GemEx from its offices within the United States of America. GemEx is incorporated in the State of Wisconsin and this site has been designed to comply with the laws of the State of Wisconsin. The laws of the State of Wisconsin govern these Terms of Use and your use of the site. If you choose to access the site from a location outside the United States, you do so at your own risk and with the understanding that laws applicable in your location may not be applicable to this site. By using the site, you irrevocably consent to the jurisdiction of courts located in the State of Wisconsin for any action to enforce these Terms of Use.

ENTIRE AGREEMENT
This agreement and any posted policies or operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

SEVERABILITY
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

USE OF COPYRIGHTED MATERIALS
The content of the GemEx Systems, Inc. Web sites are  protected by national and international copyright. The owner of the copyright is GemEx Systems, Inc. (GemEx). The contents of the GemEx Systems, Inc. Web sites may be viewed, downloaded, printed, copied and redistributed for personal use only, and subject to the following restrictions:

 

  • The recipient may use the material for their personal, non commercial use only and may not in any way directly or indirectly derive income from the information itself without the express written permission of GemEx in each incidence of use.
  • In any materials derived from or based on this information, the recipient agrees to secure GemEx’s prior written approval in each incidence and acknowledge GemEx Systems, Inc., including copyright notice and trademarks.
  • No modifications to this material is permitted without the prior written permission of GemEx.
  • Images and Web page graphic designs are not to be reproduced without the prior written permission of GemEx in each incidence of use.
  • Please contact us for information and requests to use GemEx intellectual property.

COPYRIGHT NOTICE AND TRADEMARKS
GemEx Systems Copyright Notice
Copyright© 2009 GemEx Systems, Inc. All rights reserved.
GemEx Systems Trademarks
The following are Registered Marks of GemEx:  GemEx Systems, Inc.®, GemEx®, GemSpec®, Science of Beauty®, Technology You Can Trust™
BrillianceScope™, BScope™, Light Performance® Analysis, GemEx Live Report™, Identiview™, GemExcellence™, Measured Diamonds Get Noticed™.

HOW TO CONTACT US
If you have any questions or comments about these Terms of Use or this site, please contact us at 262-242-1111 or write to us at:
GemEx Systems, Inc.
6040 W. Executive Dr.,  Ste. A
Mequon, WI   53092