Last Updated: June 26, 2018
We at XY – The Findables Company, a Delaware corporation (“we,” “our,” “us” or, the “Company”) take a proactive approach to user privacy and want you to be informed about the ways which we protect, use and share the information that we collect.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not access or use the Website or any other part of the Services. By visiting the Website or using the Services, you agree to this Policy.
IMPORTANT – TRANSFER OF DATA AND PERSONAL INFORMATION TO THE U.S.
WE PRIMARILY STORE DATA ABOUT YOU, INCLUDING PERSONAL INFORMATION, ON SERVERS LOCATED AND OPERATED WITHIN THE UNITED STATES. THEREFORE, IF YOU RESIDE OUTSIDE OF THE UNITED STATES, IN ORDER TO PROVIDE THE SERVICES TO YOU, WE MAY SEND AND STORE YOUR PERSONAL INFORMATION (ALSO COMMONLY REFERRED TO AS PERSONAL DATA) OUTSIDE OF THE COUNTRY WHERE YOU RESIDE OR ARE LOCATED, TO THE UNITED STATES. THEREFORE, OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION IS SUBJECT TO THE UNITED STATES’ LAWS RELATED TO PRIVACY AND USE OF PERSONAL DATA AND INFORMATION. THESE LAWS, INCLUDING WHAT IS DETERMINED TO BE “PERSONAL DATA” AND/OR “INFORMATION,” ARE DIFFERENT AND MAY BE LESS PROTECTIVE THAN THOSE APPLICABLE TO YOU IN YOUR COUNTRY OF RESIDENCE.
BY ACCEPTING THE TERMS OF THIS POLICY YOU ACKNOWLEDGE, UNAMBIGUOUSLY AGREE AND CONSENT TO (1) THE TRANSFER TO AND PROCESSING OF PERSONAL INFORMATION ON SERVERS LOCATED OUTSIDE OF THE COUNTRY WHERE YOU RESIDE, (2) OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION AS DESCRIBED HEREIN AND IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES THAT MAY BE DIFFERENT AND MAY BE LESS PROTECTIVE THAN THOSE IN YOUR COUNTRY AND (3) THAT YOU ARE TAKING A RISK BY USING THE WEBSITE AND THE SERVICES.
Changes to this Policy
If we start collecting substantially new types of personal information and materially change how we handle your data, we will modify this Policy and post the revised Policy on the Website and may notify you in accordance with this Policy.
We reserve the right, in our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Policy by posting an updated version to the Website. You should visit this page periodically to review the most current Policy, because it is binding on you. We will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Policy are unacceptable to you or cause you to no longer be in compliance with this Policy, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to this Policy constitutes your complete and irrevocable acceptance of any and all such changes.
Our Privacy Practices
Types of Information We Collect
When you use the Website or the Services, we may collect information about you or your use of the Website or the Services. Such information includes (but is not limited to):
Personal Identifiable Information (“PII”)
Non-Personally Identifiable Information
We also collect information about the use of the Website and the Service and the characteristics and activities of Users of the Website and the Services, from which any personal information has been removed (“Non-Personal Identifiable Information”). When you access the Website or use the Services, we may collect Non-PII, including without limitation:
In this Policy, we refer to all information collected from or about you, including but not limited to Personal Information and Non-Personal Information, as “Your Information.”
Certain Services are built on, or are directly integrated with, public record blockchains, such as the Ethereum Blockchain. Your use of the Services will be deemed to be your consent to the placement of information necessary to the proper functioning of the Services on all necessary blockchains, both public and private. We have no control over, and are not responsible for, the functioning of such blockchains or actions taken by them with respect to Your Information.
Cookies are small files saved to the User's computer hard drive that track, save and store information about the User's interactions and usage of the Website. This allows the Website, through its server, to provide the User with a tailored experience within this Website.
Users are advised that they can instruct their internet browser, by changing its options, to stop accepting cookies or to prompt the User before accepting a cookie from a website you visit, including this Website, however, a User may not be able to use all portions of the Website or all functionality of the Services if cookies are not accepted. Our Website currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Policy, whether or not a DNT signal is received.
Other cookies may be stored to a User’s computer hard drive by external third party service providers and vendors of this Website, such as referral programs, sponsored links or advertisements. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer and no personal information is stored, saved or collected by such cookies.
Information We Collect Directly
We collect this information directly from you when you provide it to us, for example:
Information We Collect Through Automatic Data Collection Technologies
As you interact with the Website and the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
The information we collect automatically is statistical data and does not include PII. It helps us to improve the Website and the Services and to deliver a better and more personalized service, including by enabling us to:
We may use third party analytics services, including Google Analytics, to provide us with analytic data collection and reporting.
How We Use the Information We Collect
By providing Your Information to us, you are expressly and voluntarily accepting the Terms of Service and freely accepting and agreeing to our processing of Your Information in ways set out by this Policy. Supplying to us any information deemed “sensitive” by applicable law is entirely voluntary on your part. The use of Your Information is subject to this Policy, the Terms of Service in effect at the time of use and the terms of any Token Purchase Agreement applicable to you.
We use the information we collect to provide and improve the Website and the Services. We use Your Information that we collect about you or that you provide to us, including any PII, for purposes including, but not limited to:
If you decide at any time that you no longer wish to receive such contact, announcements, information or offers, please follow the unsubscribe instructions provided in the communication. If we have sent you a promotional email, you may select the “unsubscribe” link at the bottom of the email and follow the opt-out instructions. This opt‑out does not apply to information provided to us as a result of issuing XYO tokens, issuing or holding securities, product service experience, or other transactions.
We use Non-Personal Information for the above purposes and in addition in order to:
We do not share, sell, rent or disclose your PII to third parties for the third parties’ direct marketing purposes. We may employ third party companies and individuals to facilitate or enhance the Website or the Services, to provide the Website or the Services on our behalf, to assist us in analyzing how the Website or the Services are used (such as website analytics), and to perform services related to administration of the Services or the Website (including, without limitation, maintenance, hosting and database management services, website analytics and administration).
We use third-party analytics tools (such as Google Analytics) to help us measure traffic and usage trends for the Website and the Services. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, and other information that assists us in improving the Website and the Services. We may collect and use this analytics information together with your Personal Information and stitch together session data from unauthenticated user visits with authenticated user visits to build a broader profile of our individual users so that we can serve you better. You can find out more information about how Google Analytics works and collects and processes the data here: www.google.com/policies/privacy/partners/. We will not provide any PII to such third parties.
Disclosure of Your Information
We may disclose aggregated information about our Users, and information that does not identify any individual, without restriction.
We may disclose Your Information, including PII that we collect or you provide as described in this Policy:
We may also disclose Your Information, including PII:
External Web Links
Social Media Platforms
Users are advised to use Social Media websites and platforms wisely and to communicate and engage upon them with due care and caution in regard to a User’s own privacy and personal details. We will never ask you for personal or sensitive information through our Social Media accounts and encourage Users wishing to discuss sensitive personal details to contact us through primary communication channels via the Website or by telephone.
If you believe your intellectual property rights, personal rights, or any other rights have been infringed by any action of the Company or on our Social Media accounts you are to notify us as soon as possible at email@example.com so that we may rectify and/or remove any infringing post.
Shortened Links in Social Media
We, through our Social Media accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy domains and URLs to third party pages.
Users are advised to take caution and use good judgement before clicking any shortened URLs published on our Social Media accounts. Despite reasonable efforts to ensure only genuine URLs are published many Social Media websites platforms are prone to spam and hacking and therefore we cannot be held liable for any damages or losses caused by a User visiting any shortened links published on any of our Social Media accounts.
Children Under the Age of 13
The Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use this Website or the Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org
Accessing and Correcting Your Information
You may send us an email to email@example.com to request access to, correct or delete any of Your Information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. In certain circumstances deleting Your Information at your request may result in you not being able to use all portions of the Website or all functionality of the Services.
We have implemented measures designed to secure your PII from accidental loss and from unauthorized access, use, alteration, and disclosure. We will use commercially reasonable efforts to safeguard the information that you submit to us.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, for example, to access your digital wallet where you store your XYO tokens, you are responsible for keeping this password confidential. We ask you not to share your password(s) with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your PII, we cannot guarantee the security of your PII transmitted to our Website or while you are using the Services. Any transmission of PII is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or in connection with the Services. WE ARE NOT RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY NON- PUBLIC INFORMATION THAT YOU PROVIDE US. IF THERE IS INFORMATION THAT YOU WISH TO PROTECT FROM DISCLOSURE TO OTHERS, DO NOT PROVIDE IT TO US.
We may also collect information from you as contemplated by Token Purchase Agreement which may be applicable to you.
If any part of this Policy is found to be defective, the remaining elements of the Policy shall remain in place.
California Information Notice
California Civil Code Section 1798.83 permits Users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
If you have any concerns or questions about this Policy or our privacy practices, contact us at email@example.com