Effective as of: September 14, 2017
Last updated: November 20, 2019

XSOTERIA
PRIVACY NOTICE

XSOTERIA LLC ("xSoteria", "we", "our", or "us") respects and is committed to protecting your privacy. That is why we have adopted this Privacy Notice. This Privacy Notice lets you know how and for what purposes we are collecting, processing, and using your Personal Information (as defined herein). We pledge that we will take reasonable steps to ensure that your Personal Information will be used in ways that are in compliance with this Privacy Notice.

xSoteria owns and operates the web application service located at https://xsoteria.com which allows visitors to learn more about xSoteria This Privacy Notice is in effect for any web page, mobile application, third party social media site, email list, onsite electronic data collection, generic information, and Personal Information (as defined herein) collected and/or owned by us, including but not limited to the xSoteria website, located at https://xsoteria.com no matter the method of collection (e.g., mail, facsimile, sign-up/sign-in page, survey, promotion), including collection through the xSoteria website and any online features, products, services, contests, newsletters, promotions and/or programs we offer or which are accessed through the xSoteria website and/or applications (collectively, the "Web Properties"). This Privacy Notice also applies to information collected by or for us through a means other than the Web Properties. If the same information is collected through the Web Properties and through a means other than the Web Properties, the terms of this Privacy Notice shall apply.

Notwithstanding the foregoing, this Privacy Notice is not applicable to any other web page, mobile application, social media site, generic information, or Personal Information collected and/or owned by any entity other than xSoteria. xSoteria is not responsible or liable for the content, privacy policies or practices of such third parties.

BY USING OUR WEB PROPERTIES OR COMMUNICATING WITH US ABOUT THEM, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE, INCLUDING ANY UPDATES AND AMENDMENTS. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE OUR WEB PROPERTIES OR COMMUNICATE WITH US ABOUT THEM. THE WEB PROPERTIES SHOULD NOT BE, AND ARE NOT TO BE, USED IN EMERGENCY SITUATIONS. IF THERE IS AN EMERGENCY SITUATION, PLEASE CALL YOUR LOCAL LAW ENFORCEMENT AGENCY OR DIAL 911 IMMEDIATELY.

Your use of the Web Properties is also governed by the Terms of Use located at xsoteria.com/termsofuse.

Types of Information Collected

xSoteria and any third party we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for our Web Properties, may collect two types of information when you visit the Web Properties: personal information and usage information.

Personal Information: The types of information xSoteria collects may include, among other things, the following categories of information (collectively, "Personal Information"):

Usage Information: The types of usage information xSoteria collects may contain generic information about you when you visit the Web Properties, which may include, among other things, the following categories of information (collectively, "Usage Information"):

How Information Is Collected

We may collect Personal Information and Usage Information about you from the following sources:

We may sponsor promotions through the Web Properties. Your participation is entirely voluntary. You may be asked to provide personally identifiable information including, but not limited to, your name or email address, or to answer questions in order to participate. We may also transfer Personal Information to certain advertising or marketing partners from whom you have requested to receive information.

We may collect Usage Information from you as follows:

Cookies: From time to time, we may use "cookies" to keep track of your visit and use of the Web Properties. A cookie is a small piece of data that your browser stores on your computer’s hard drive and is used to collect information, such as identifying those areas of the Web Properties that you have visited in the past in order to enhance your next visit to the Web Properties. You can choose whether to accept cookies by changing the settings of your Internet browser, but some functionality of the Web Properties may be impaired or not function as intended if you choose not to accept cookies.

Web Beacons: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as ‘clear gifs’). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Web Properties and activities associated with the Web Properties.

Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Web Properties and some of the electronic communications you receive from us.

Use of Collected Information

Information collected by xSoteria may be used for the following main purposes:

  1. To enable the features of the Web Properties, including, but not limited to: (a) operating any promotions in which you may participate; (b) setting up and managing your User Account, including, but not limited to, our processing your requests for information; and/or (c) providing support, products or services to you.
  2. To improve the Web Properties by determining which of our products, features and services are most popular. We may analyze usage trends, conduct surveys, research, test features in development, and your information and preferences to enable us and our affiliates to provide services to you and develop new features, functionality, products, and services and otherwise for our internal business purposes.
  3. To personalize your experience on the Web Properties.
  4. To communicate with you and to inform you about our and third parties’ products and services. We and/or any of our third party service providers may send you and keep you updated with information about existing and new services, products, and special offers, by email, telephone, mail or by means of any other contact details you provide to us or our affiliates, or to such third party service providers for reasons including but not limited to improve advertising, measurement systems, and security systems.

When Information Is Disclosed

We might disclose Personal Information and/or Usage Information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with legal processes and applicable law; (2) enforce this Privacy Notice; (3) take precautions against liability and to respond to any claim that any material, document, image, graphic, logo, design, audio, video, audio-visual material, photos, commentary and any other information provided to, from or on the Web Properties by you violates the rights of third parties; (4) assist government enforcement agencies or as we deem appropriate with enforcement and/or safety agencies; (5) protect our rights, property, or the safety or the rights, property, or personal safety of xSoteria, our customers or others, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; or (6) to investigate potential unauthorized access or misuse of our Web Properties or otherwise enforce or apply our Terms of Use and other agreements. We may also share Personal Information and/or Usage Information with your educational or social institution in order to receive additional information about you and we may receive Personal Information about you from the educational institution you attend or any social institution of which you are a member.

We use reasonable precautions to keep the information that is disclosed to us secure. We may provide Personal Information and Usage Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the goods and services of our trusted business partners, some or all of which may store some or all of your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party’s own privacy notice.

We may now or in the future share Usage Information with third parties to demonstrate the usage patterns for advertisements, content, functionality, promotions, and/or services on the Web Properties and/or on third party websites.

In addition to the other rights herein, at all times we shall have the right to exploit, share, and use for any purpose the Personal Information collected that is in an aggregated, anonymized form, such that you are not identified (collectively, "De-identified Data"). Except as otherwise set forth herein, we may continue to use Personal Information and exploit, share and use your De-Identified Data after you deactivate or cancel your User Account.

We reserve the right to transfer your Personal Information, as well as any information about or from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets. We cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.

We may disclose your Personal Information for any other purpose disclosed by us when you provide the information. We may also disclose your Personal Information with your permission or as directed by you.

User Account, Password and Security

For certain features available through the Web Properties, we may require the use of encryption technologies provided for your protection and/or User Account. We use reasonable precautions to protect the privacy of your username, password and User Account information and to ensure that information collected through the Web Properties is not lost, misused or altered inappropriately by administering security measures.

You are ultimately responsible for protecting your username, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or User Account, and/or any other breach of security; and (b) ensure that you log out from your User Account at the end of each session. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.

We may enable you to connect your User Account to your accounts on third party services like Facebook, or Instagram, in which case we may collect and store information identifying your account with the third party service. You are solely responsible for any and all activity that happens or occurs on or through such third party accounts.

Information from Children

The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than thirteen (13) years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of thirteen (13), as THE WEB PROPERTIES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13) WHO ARE UNACCOMPANIED BY THEIR PARENT(S) OR LEGAL GUARDIAN(S).

Parents and legal guardians should be aware that this Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards or the like, may be used by other parties to generate unsolicited communications. We encourage all parents and legal guardians to instruct their children in the safe and responsible use of their Personal Information while using the Internet.

Privacy Outside the Web Properties

The Web Properties may now or in the future contain various links to other websites. We are not and cannot be responsible for the privacy practices or the content of any of those websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers (as described in this Privacy Notice), we do not share any of the Personal Information that you provide to us with any of the websites to which the Web Properties links, although we may now or in the future exploit, share and use De-Identified Data with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them.

xSoteria may use the services of a third party service providers to process transactions, including payment transactions, as part of your use of the Web Properties. By using our Web Properties, you grant us all necessary rights and consents under applicable laws to disclose to our third party service providers – or allow such third party service providers to collect, use, retain, and disclose – any Personal Information for purposes of providing services to you, including data that we may collect directly from our customers using cookies or other similar means.

European Union Users

If you are visiting us from the European Union or are an individual who is a resident of the European Union, please note that we may collect, transfer, and continue to use your Personal Information outside the European Union for any of the purposes described in this Privacy Notice. By using the Web Properties and providing us with your Personal Information, you consent to our collection, transfer, and continued use of your Personal Information in accordance with this Privacy Notice.

Choices with Your Personal Information

Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide Personal Information. However, this information is essential for the provision and quality of some of the services we offer to you, so we cannot provide you with certain services if you choose to withhold requested information.

You may choose to prevent us from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice, or by following the procedures set forth in an electronic communication from us, if applicable. There are some uses from which you cannot opt out, such as to provide products or services that you have requested from us and which are essential for use of the services provided by us.

Access and Correction

Please contact us in the manner specified at the end of this Privacy Notice to access your Personal Information in our possession and correct inaccuracies of that information in our records. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances, as permitted by applicable privacy legislation.

Your California Privacy Rights

Under California’s "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once a calendar year) information about the customer information we shared (if any) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2017 will receive information regarding 2016 sharing activities, if any).

To obtain this information, please send an email message to support@xsoteria.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements, and only information on covered sharing will be included in our response.

"Do Not Track" Signals

Note that your browser settings may allow you to automatically transmit a "Do Not Track" signal to websites and online services you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, xSoteria currently does not alter its practices when it receives a "Do Not Track" signal from a visitor’s browser. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com.

Your Consent to This Privacy Notice

By using the Web Properties, you consent to the collection and use of your information (including Personal Information) by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. xSoteria reserves the right to amend this Privacy Notice at any time and without notice, and it is your responsibility to review this Privacy Notice for any changes. Your use of the Web Properties following such publication of any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future.

We may use comments, information or feedback that you may submit ("Feedback") in any manner that we may choose, including but not limited to the incorporation of such suggested changes into our services and products, without notice or compensation to you. You hereby grant xSoteria a perpetual, irrevocable, worldwide, royalty-free, sublicensable license and all rights to use the Feedback for any purpose we may choose.

If you have additional questions or comments or would like to access your recorded Personal Information or opt out of certain sharing, please let us know by sending your comments or requests to:

XSOTERIA LLC.
support@xsoteria.com

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