Privacy Policy

Last Updated: March 19, 2018

Introduction to Privacy Policy

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.

This Privacy Policy (this “Policy”) sets out the policies and procedures regarding the collection, use and disclosure of the information we receive when you visit the website and associated domains of https://xyo.network (the “Website”) and when you access and use any part of our services, software, applications, content, programs and products available through the Website or other related applications or distribution channels operated by us or participate in any sales of XYO tokens we may offer from time to time (collectively, the “Services”). This Policy governs the activities and information of users who choose to use the Website or engage with any of the Services with and without consideration (“Users”).

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”)

  • • Personal Identifiable Information is information by which you may be specifically identified as an individual, including, but not limited to: your name, your location, your postal address, your telephone number, your mobile number, your email address, your date of birth, your credit card or other billing information, or your company’s name (“PII”). In order to use the Services and create an account on the Website (your “Account”), you must provide us with at least your name and email address, and a password for your Account. 

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:

  • • information that is about you but individually does not identify you;
  • • non-personally identifying information that third parties have collected and share with us to help better provide the Website and the Services;
  • • information regarding your use of the Services, including without limitation, activity and visit behavior on the Website;
  • • Information that your browser sends whenever you visit a website or online service (“Log Data”). This Log Data may include, but is not limited to: your device’s Internet Protocol (IP) address, information about your device such as the type and model, manufacturer, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID, or unique device identifier (a number uniquely allocated to your device by your device manufacturer), browser type, operating system and version, the web page you were visiting before you came to the Website, information you search for on the Website, locale preferences, the time and your time zone, network connection type (e.g., WiFi, cellular), and cookie information, system configuration information, metadata concerning your files, and other interactions with the Services; and
  • • the geo-location of your device (using GPS or other geo-location data), when location services have been enabled for the browser accessing the Website or the Services.

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.”

Blockchain 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.

Use of Cookies

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.

This Website uses cookies to better the User’s experience while visiting the Website. Where applicable this Website uses a cookie control system allowing the User on their first visit to the Website to allow or disallow the use of cookies on their computer or other device.

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.

This Website and its third party service providers use tracking software to monitor Website visitors to better understand how they use the Website and the Services. This tracking software, provided by Google Analytics, uses cookies to track visitor usage. The tracking software will save a cookie to a User’s computer hard drive in order to track and monitor the User’s engagement and usage of the Website, but will not store, save or collect personal information. You can read Google's privacy policy here for further information http://www.google.com/privacy.html

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 that you provide by filling in forms on the Website;
  • • records and copies of your correspondence (including email addresses), if you contact us;
  • • your responses to surveys that we might ask you to complete for research purposes;
  • • in the event that you participate in a Token Sale, PII sufficient to validate your participation and comply with Company’s internal procedures and applicable law, including, for example, a government issued identification number such as a tax number, drivers’ license number, or personal identification number; and
  • • [details of transactions you carry out through the Services].

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:

  • • details of your use of the Website and the Services, including Log Data.

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:

  • • estimate our audience size and usage patterns;
  • • store information about your preferences, allowing us to customize the Website and the Services according to your individual interests; and
  • • recognize you each time you use the Website.

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:

  • • administering your use of the Website and the Services;
  • • to personalize your experience;
  • • to provide you with information, products or services that you request from us;
  • • to fulfill any other purpose for which you provide it;
  • • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • • to notify you about changes to the Services or any products or services we offer or provide though it;
  • • to enforce our Terms of Service;
  • • to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, such as newsletters, marketing or promotional materials;
  • • to contact you to obtain feedback from you regarding the Website and the Services;
  • • in any other way we may describe when you provide the information; and
  • • for any other purpose with your consent.

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:

  • • monitor and analyze use of the Website and the Services and for the technical administration of the Website;
  • • improve the Website and the Services;
  • • generate and derive useful data and information concerning the interests, characteristics and website use behavior of Users; and
  • • verify that Users of the Website and the Services meet the criteria required to process their requests.

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:

  • • to fulfill the purpose for which you provide it;
  • • to our subsidiaries and affiliates;
  • • to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  • • to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which PII held by the Company about Users is among the assets transferred;
  • • for any other purpose disclosed by us when you provide the information; or
  • • with your consent.

We may also disclose Your Information, including PII:

  • • to comply with any court order, law or legal process, including to respond to any government or regulatory request;
  • • to enforce or apply our Terms of Service and other agreements, including for billing and collection purposes;
  • • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others; or
  • • to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

External Web Links

We may present external web links on the Website in a format that enables us to keep track of whether these links have been followed. External web links are clickable text / banner / image links to other websites. This Policy applies only to the Website and the Services. We do not exercise control over third party services or other websites that provide information, or over banners, other advertisements or links from within the Website or the Services. These other websites may place their own cookies or other files on your computer’s browser, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the PII that you submit, and the collection and use of such information and access of any third party websites are subject to such third party’s privacy policy. We encourage you to adopt a policy of caution before clicking any external web links throughout this Website and to read the privacy policies and other terms of such third parties’ websites before using their services. We cannot guarantee or verify the contents of any external web linked website. Users should therefore note that they click on external web links at their own risk and we cannot be held liable for any damages or losses caused by visiting any external web links from the Website.

Social Media Platforms

The Website and the Services provide you and other Users the opportunity to interact and post content through various social media websites and platforms including, but not limited to, Facebook, Twitter, Telegram, Github and Medium (“Social Media”). Your interactions with the Social Media website or platform and any information you provide to us in connection with such interactions are not Personal Information and are subject to the terms and conditions as well as the privacy policy of the applicable Social Media website or platform. Our Website may also include social media features, such as the Facebook or Twitter button, and widgets, such as the Share this button (the “Features”). These Features may collect your IP address, which page you are visiting on the Website, may track and save your request to share a web page through your Social Media platform account and may set a cookie to enable the Features to function properly. The Features are either hosted by a third party or hosted directly on the Website. Users are advised before using such social sharing buttons that they do so at their own discretion. Your interactions with these Features are governed by the privacy policy of the company providing it. 

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 legal@xyo.network 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 legal@xyo.network

Accessing and Correcting Your Information

You may send us an email to legal@xyo.network 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.

Data Security

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.

Token Sale

We may also collect information from you as contemplated by Token Purchase Agreement which may be applicable to you.

Miscellaneous

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 legal@xyo.network.

Contact Information

If you have any concerns or questions about this Policy or our privacy practices, contact us at legal@xyo.network

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SEC DISCLAIMER AND FORWARD-LOOKING STATEMENTS:

Please keep in mind that XY Tokens do NOT represent an equity but are utility tokens for the XYO Location Network, which are necessary if one intends to use the XY Oracle Network in their Ethereum Smart Contracts.

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YOU SHOULD READ THE OFFERING CIRCULAR BEFORE MAKING ANY INVESTMENT.

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OFFERING DOCUMENTATION CAN BE FOUND AT www.xyfindables.com/offering

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IF YOU ARE INTERESTED IN PURCHASING TOKENS IN THE XYO NETWORK, PLEASE USE THE LINKS ON THIS PAGE.