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xiQ Privacy Policy

Welcome, and thank you for your interest in xiQ, Inc. (“xiQ“, “we,” or “us“) and our xiQ Service (our “Service“), including the xiQ mobile and tablet application (the “App“), and other services provided by us and on which a link to this Privacy Policy (this “Policy“) is displayed. This Policy is incorporated into and is subject to the xiQ Terms of Use.

This policy covers information that we collect when you use our Service and information that we have on people who are featured in our platform. We describe how we use and disclose such information, steps we take to protect such information and the choices you have in connection with this. By using the Service, you consent to the privacy practices described in this Policy.

A) Users of Our Service

The information we collect on the Service:

  • User-provided Information. When you use the Service, you may provide and we may collect what is generally called “personally identifiable” information, or “personal information,” which is information that specifically identifies an individual. Examples of personal information include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal information also includes other information, such as date of birth, geographic area, or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with personal information in various ways on the Service. For example, you may provide us with personal information when you register for an account, use the Service, post any materials or information to the Service, share any materials or information found through the service, make a purchase on the Service, interact with other users of the Service through communication or messaging features that we may offer, or send us customer service-related requests.

  • Location Information. Some of the features of the Service may enable xiQ to access information about your current or past location in order to optimize the Service provided to you and other end users or to personalize your experience with the Service based on your location (“Location-based Services“). In order to use Location-based Services based on your current location, you must allow xiQ access to your localized position through your mobile phone, tablet, or other device which xiQ may accomplish through a variety of means, including GPS location, IP address, cell tower location, or other methods, as available. You will be given the option to automatically enable the provision of some Location-based Services through the App, and to enable or disable those Location-based Services at any time through the App’s Settings menu. If you choose to disable or never enable xiQ’s Location-based Services on your device and/or opt out of such Location-based Services through the App’s Settings menu, you will not be able to utilize certain features of the Service.

  • “Cookies” Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. When we reference your device in this Policy, we are referring to the computer, tablet, mobile phone, or other means you use to access our Service. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

  • “Automatically Collected” Information. When you use the Service, we may automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID (including any ID accessible from your device), web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message.

  • Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and xiQ does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.

  • Integrated Services. You may be given the option to connect a third party service with the Service or access or register for the Service through the use of your third party service user name and password (each, an “Integrated Service“), such as through the use of your LinkedIn credentials, or otherwise have the option to authorize an Integrated Service to provide personal information or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), current job title, current city, profile picture URL, current employment, skills, experience, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.

  • Analytics. We may work with different companies who offer services that can assist us in better understanding how users of our Services interact with and use our Services. For example, we currently use and may continue to use a product called Flurry Analytics within one or more versions of our App. You can learn more about Flurry Analytics at www.flurry.com, as well as review Flurry’s privacy policy. As of the date of this Policy, Flurry offers an “End User Opt-Out Of Flurry Services” at www.flurry.com/user-opt-out.html.

  • Information from Other Sources. We may obtain information, including personal information, from third parties and sources other than the Service, such as our partners, advertisers, and Integrated Services. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this Policy.

How we use the information we collect.

We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:

  • We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.

  • We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.

  • We may use your email address (if it’s been provided to us) or other information we collect on the Service (a) to contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to information or materials posted through your account on the Service or (b) to send communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”

  • We may use “cookies” information and “automatically collected” information we collect on the Service to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide customized advertisements, content, and information; (c) monitor and analyze the effectiveness of Service and third-party marketing activities; (d) monitor aggregate usage metrics such as total number of visitors, pages, and content viewed; and (e) track your entries, submissions, and status in any promotions or other activities on the Service.

  • We also may use your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.

When we disclose information.

Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may disclose information to third parties in the following circumstances:

  • Any information that you voluntarily choose to include in a publicly accessible area of the Service, such as a public profile (if we offer one), will be available to anyone who has access to that content, including other users.

  • We work with third party service providers to provide website or application development, hosting, maintenance, and other services for us. For example, we use and may continue to use Amazon Web Services (AWS) to host and store much of the backend functionality of our Service. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions.

  • We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (a) compliance with various reporting obligations; (b) for business or marketing purposes; or (c) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

  • We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

  • We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

  • We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

  • We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (a) take precautions against liability, (b) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (c) investigate and defend ourselves against any third-party claims or allegations, (d) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (e) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.

  • Information about our users, including personal information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

  • We also may disclose your information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent

B) People Featured on our Platform

xiQ provides predictive DISC on individuals. DISC is a behavior assessment tool which categorizes a person’s personality as being Dominant (D), Influencing (I), Steady (S) or Conscientiousness (C). To provide these predictive behavioral traits, xiQ utilizes publicly available digital footprint of a person.

xiQ’s DISC Personality Analysis are predictive. As such:

  • A) Insights have not been collected for, and is not intended to be indicative of, any person’s employability, credit worthiness, credit standing, credit capacity, or other characteristics related to such person’s manner or mode of living, as listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 USC Section 1681a;

    and

    B) Customer shall not use any Insights as a factor in establishing any person’s eligibility for:
    1. Credit or insurance used primarily for personal, family or household purposes,
    2. Employment purposes, or
    3. Other purposes authorized under Section 604 of the FCRA, 15 USC Section 1681b or any similar statute.

xiQ may also provide public social media information, public news, videos, and other information on executives of various private and public sector enterprises.

Your Rights to Your Information

Right of Access:

You have the right to request what personal information we have collected, used, and disclosed about you.

Right to Correct:

You have the right to correct, update or modify the personal data we hold about you.

Right to Erasure of Data:

You have the right to request deletion of your personal data. We will comply with any such request within 2 business days.

Right to Non-Discrimination:

You have a right not to receive discriminatory treatment by xiQ if and when you exercise your privacy rights
To exercise any of your privacy rights, you may submit a request to us via email at [email protected] or may write to us at the address given at the end of this Policy.

Third-Party Services

The Service may contain features or links to Web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Children’s Privacy

Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at [email protected] and request that we delete that child’s personally identifiable information from our systems.

Data Security

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We cannot, however, ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at [email protected].
You can learn about security for Amazon’s AWS service at the AWS Security Center, or similar AWS security page that Amazon may offer from time to time.

Privacy Settings

Although we may allow you to adjust your privacy settings to limit access to certain personal information, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users or third parties with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.

International Visitors

The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.

Changes and Updates to this Policy

Please revisit this Policy periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

Our Contact Information

Please contact us with any questions or comments about this Policy, your personal information, our use and disclosure practices, or your consent choices by email at [email protected].

xiQ, Inc.

100 Redwood Shores Parkway, Suite 100

Redwood City, CA 94065

USA

Last updated: 5/8/2023