Privacy Policy

Date of Last Revision: 2022-11-21 18:25:10 UTC


Overview


xpolly, Inc. ("xpolly","we","us", or "our") is providing this privacy policy (hereinafter the "Privacy Policy") to explain our personal information practices with respect to our website, communications, notifications and related services ("Services"). This Privacy Policy applies only to the use and collection of data by us in the course of our Services.


Where and as permitted by applicable law, by using our Services, you acknowledge the terms of this Privacy Policy and, if you provide us with information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably linked, directly or indirectly, with a natural person or household, such as a name, postal address, e-mail address, telephone number (hereinafter "Personal Information"), you acknowledge the collection, use, and disclosure of your Personal Information as described in this Privacy Policy. We encourage you to read this Privacy Policy before sharing Personal Information as it provides important information regarding your access to and use of our Services, our data and privacy practices, and explains your rights.


For users not located in the European Economic Area, the following shall apply:

  • If you do not agree with this Privacy Policy, please do not provide us with any Personal Infomation and do not use our Services.

  • xpolly reserves the right to change this Privacy Policy at any time by posting a new or updated Privacy Policy. We will use the reasonable means available to us in order to make you aware of any update to this Privacy Policy. However, we recommend that you review this Privacy Policy periodically for changes. We will endeavor to display clearly when the Privacy Policy was last amended on the website prior to the change becoming effective. Any provision of Personal Information by you and/or continued access to our Services, will constitute acceptance by you of the terms of this Privacy Policy, and voluntary, explicit and informed consent to the collection, retention, and use of your Personal Information consistent with this Privacy Policy, as amended from time to time, where and as permitted by law.


For users who are in the European Economic Area, if xpolly changes this Privacy Policy, we will notify you if necessary under applicable law. If such change requires your consent, you will have a choice to consent as to whether or not we can process your Personal Information in this different manner.


Personal Information We Collect


Information Provided By You Directly


We collect and have collected Personal Information about you that you affirmatively provide to us, including your:

  • Name

  • Address

  • Country

  • Telephone Number; and

  • Email address


Based on the Personal Information that you provide to us we also draw inferences regarding topics or information you may be interested in.


You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of the features our Services provide, namely not being able to receive newsletters or marketing information. We may collect this information from you when you submit a form or request on our website, email us, call us, or otherwise contact us.


Job Applicants


If you apply for a job with us, we will collect and have collected additional information in connection with your application, namely your:

  • Name and contact information;

  • Work authorization status;

  • Resume, CV, cover letter, work experience, and education information; Skills;

  • Professional and work-related licenses, permits, and certifications held;

  • Reference-related information; and

  • Any other information related to your professional experience that is publicly available on LinkedIn or that you elect to provide to us (e.g., current salary, expected salary).


Such information may be collected from you directly from your references, from a recruiter, from your prior employers, from background checking firms, and from your places of education. We will only use this information to evaluate your candidacy, including by processing your application, assessing your qualifications, corresponding with you, and complying with legal obligations. We will only collect, use and disclose any sensitive personal information in accordance with applicable laws.


Information Collected Automatically


We also may collect and have collected automatically information about how you use the Services online for the operation and improvement of the Services, namely your: browser information, operating system information, unique device identifiers or your IP address, referring site, visit metrics, action metrics, page view metrics, search metrics. This information may not be Personal Information.


This automatically collected information may be collected through technologies provided by third parties. Information that might be collected using these technologies include the pages you visit on our online Services the paths you take within our online Services, and the length of time that you spend on the Services. We use this information in the aggregate in order to better understand how to improve the quality of the Services.


We also collect and have collected information about your activity, how you use our Services, how you interact with others using our Services, namely information and confirmations regarding payments (payment receipts, including from app stores or other third parties processing your payment), device and connection information (when you install, access, or use our Services, hardware model, operating system information, browser information, IP address, mobile network information including phone number, and device identifiers), device location information if you use our location features, status information (online and status message changes on our Services).


As is common among Internet site operators, we maintain Web server logs. Web servers automatically identify your computer or mobile device by its IP address and collect that information in its Web server logs. An IP address is a number that is automatically assigned to your computer or mobile device by yuor Internet service provider or mobile service provider whenever you log onto the World Wide Web or access the Internet. The xpolly Web server logs collect statistical data that is generated by your computer when it visits the Services, such as the type of Web browser and operating system used to access the Services, the domain name of your Internet service provider, the date and time you access the Services, and the pages you visit. Within the framework of the Services, we process this Web server log information for: system administration; examination of overall traffic trends on the Services; troubleshooting; and the collection of broad demographic information about users of the Services.


We may also collect and have collected automatically your phone number if you call us.


Cookies


Like many websites, our online Services also use a technology called cookies or similar technology referred to as pixel tags (collectively, "cookies"). A cookie is a small text file that a Web server gives our browser to store on your computer when you access a website. Cookies are capable of storing many tupes of data and may be placed on your browser by xpolly. We may also use cookies to store preferences; record session information; develop information about visitors' preferences and interests; record past activity in order to provide better service when you return to the Services; or customize Web page content based on information you voluntarily provide.


in all cases in which cookies are used, however, xpolly will not use the cookies to collect personally identifying information from the Services, unless you voluntarily agree to enter the information. Most Web browsers are set up to accept cookies. If you consented to our use of cookies but later wish to opt out, you can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent. In this respect, the following links provide instructions in order to manage your cookies preferences:


Note, however, that some portions of our online Services may not work properly if you refuse cookies.


We will retain cookies during thirteen (13) months from the collection of your consent.


How We Use Your Personal Information


We will process your Personal Information in order to operate our Services. This includes the following uses:


First, we process Personal Information for the performance of a contract to which you are a party:

  • To verify your identity.

  • To process job applications.

  • To complete any transaction initiated by you with respect to our Services or to provide services or information to you.


Second, we process Personal Information based on our legitimate interests:

  • To contact you directly, when you provide us your contact information in the context of the submission of a request. If we contact you by email, you can opt-out of receiving future emails from us at any time by following the instructions in the email or notifying us at opt-out@xpolly.com.

  • As incident to a sale, merger, reorganization, dissolution, bankruptcy, or similar event.

  • Under circumstances we believe reasonably necessary to protect the personal safety of users of xpolly products, our Services, or the public.

  • To better understand your needs, by providing you with customized advertising, and how we can improve our products and Services accordingly. Please note that automated decision-making may be performed, including profiling, on the basis of your Personal Information. However, such automated decision-making will not have any consequences, including legal effects, for you.


Third, we rely on your prior consent in order to:

  • Store cookies for the purposes specified in the Section “Cookies.”

  • To provide you with information or as otherwise disclosed to you when you provide us with your information, namely, without limitation, receiving xpolly announcements, information, and newsletters. In the event you are no longer willing to receive such information from us, you can withdraw your consent at any time by following the instructions in the information you received or by notifying us at opt-out@xpolly.com.


Please note that you have the right to withdraw your consent at any time by sending a request using the contact details in the Section “Contact Us.”


Finally, we process Personal Information to comply with the legal obligations to which we are subject, e.g., to detect and prevent fraudulent activities.


How We Share Your Personal Information


We do not sell and have not sold in the past 12 months your Personal Information. Personal Information may be shared, at times, with the following recipients: (i) our affiliates (acting as processors on our behalf) for the purposes of assisting us in delivering the Services; (ii) third party service providers we hire as processors to assist in the administration of the Services and/or the processing or handling of customer information on our behalf (such service providers are required to maintain the confidentiality of user information, are prohibited from using it for any purpose other than as described in this Privacy Policy, and reasonable steps have been taken to ensure such third party service providers comply with applicable privacy laws); (iii) competent authorities, as required by law, such as when compelled by subpoena or court order; (iv) third parties in charge of measuring, as processors on our behalf, the effectiveness of our programs and advertisements.


If xpolly sells all or part of its business or the equity ownership thereof, makes a sale or transfer of all or a material part of its assets, or is otherwise involved in a merger, reverse merger, or transfer of all or a material part of its business, xpolly may disclose and transfer your Personal Information to the party or parties involved in the transaction as part of that transaction. Unless we otherwise disclose to you or obtain your consent, as required by law, such party or parties involved will only use and disclose the information consistent with the purposes of the original collection by xpolly. We will also notify you and ask for your consent for such disclosure in the first instance where required by applicable law.


We may also disclose the aggregate statistical data that we collect to third parties as processors in order to allow them to measure on our behalf the effectiveness of our programs and advertisements.


Links


Our online Services may contain links to third party websites. Please recognize that we do not control these third party websites, or how they may collect or use information that you may provide to them. Your use of third party websites, along with the use of any information that such websites may collect from you, are not governed by this Privacy Policy. You should consult each applicable privacy policy before using another linked website.


Do Not Track


Because we may use the information that we collect through our online Services in the ways described in this Privacy Policy, we do not respond to “Do Not Track” requests or other similar mechanisms.


Security of Data Stored by xpolly


xpolly has implemented reasonable security measures to protect against the loss, misuse, and alteration of information under our control. While we make reasonable efforts to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third parties from illegally obtaining this information. If you have reason to believe that the security of your communications or Personal Information has been compromised, please immediately notify us at privacy@xpolly.com


Collection of Personal Information from or About Children


We do not knowingly collect or process Personal Information from persons under age 16. If we learn that we have collected the personally identifying information of a user under the age of 16 without obtaining the prior consent of the holder of parental responsibility over him/her, we will take steps to delete the concerned information.


If you are a parent and you think we have inadvertently collected and processed Personal Information from your child who is under 16 (or under the age of majority where you live), you may contact us by sending an email to privacy@xpolly.com to request that we delete his or her information from our records.


Transfer of your Personal Information


As xpolly is located in the United States, your Personal Information needs to be transferred to the United States for the purposes referred to under this Privacy Policy, in particular for the performance of the Services. Please contact privacy@xpolly.com should you need more information in that respect.


Your Personal Information can also be delivered to our processors referred to above, which are located in the United States or in a different country, in particular the United Kingdom, countries within the European Economic Area (“EEA”), Middle East, and Asia Pacific, such transfer being also required in order to provide you with the Services. Please note that, in some of these countries, the privacy and data protection laws and rules may vary from those in the country where you live. In any event, where your personal data is transferred to a recipient located in a country outside of the EEA whose legislation has not been recognized by the European Commission as having an adequate level of protection, we ensure that the transfer is governed by the European Commission’s standard contractual clauses accessible here. Please contact us if you would like further information in that respect.


Where and as permitted by applicable law, by using our Services, you consent to the transfer of this personally identifying information and non-personally identifying information and to our use of such information as outlined in this Privacy Policy. If you are located in a country embargoed by the United States, you will not engage in commercial activities using the Services. You will not use the Services if you are prohibited from receiving products, services, or software originating from the United States.


Retention of Your Personal Information


In accordance with our routine record keeping, we delete certain records that contain Personal Information you have submitted where they are no longer necessary for the purposes identified under this Privacy Policy. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information.


We will keep your Personal Information during the period of our contractual relationship, extended by the applicable limitation period.


For marketing purposes, xpolly will keep your Personal Information for three years after your last correspondence with us.


If you applied for a job, xpolly will keep your Personal Information for two years after your last correspondence with us.


With respect to the processing carried out in order to protect the personal safety of users of xpolly products, our Services, or the public, we will keep your Personal Information for the duration of your use of xpolly products or Services.


As to the processing carried out in order to comply with a legal obligation, we will keep your Personal Information for the duration of such obligation.


On the expiry of the applicable data retention period, we will erase or irrevocably anonymize the relevant Personal Information.


Your Rights


If you have any questions about this Privacy Policy or any disclosure of Personal Information to third parties, please send an email containing your request to privacy@xpolly.com. You must provide your full name, and email address.


In addition, if you no longer wish to receive communications from us, you may opt out at any time by notifying us at opt-out@xpolly.com.


Rights for California Residents


The California Consumer Privacy Act of 2018, California Civil Code Sections 1798.100 et seq. (CCPA), may additionally afford rights to our users who are California residents. For example, California residents may have a right, following a verifiable request, to


(1) access—twice in a 12-month period, free of charge—for the 12-month period prior to the request, the categories and specific pieces of Personal Information xpolly has collected about the user, the categories of sources from which the personal information is collected, the business purpose for collecting the Personal Information, and the categories of third parties with whom xpolly shares personal information; and


(2) delete Personal Information under certain circumstances.


Such requests may be made by emailing us at privacy@xpolly.com. xpolly does not discriminate against our users on the basis of their exercising any of their rights afforded by the CCPA, which is further in accordance with California residents’ rights under that title.


Following any request, we will verify your identity using at least two data points you have previously provided to us. Please have this information available so that we can verify your request. You may also authorize an agent to submit a request on your behalf, so long as you provide the authorized agent written permission to request on your behalf, and your authorized agent is able to verify their identity with us.


Rights for Users Within the European Economic Area


You have various rights in relation to and that depend on our reason for processing your Personal Information as a data controller. In particular, you have the right to:

  • access to Personal Information processed concerning you;

  • rectification of inaccurate Personal Information concerning you and a right to erasure;

  • restriction of processing;

  • erasure;

  • data portability;

  • object to the processing on grounds relating to your particular situation;

  • withdraw consent previously provided (however, a withdrawal does not affect the lawfulness of processing of your Personal Information that occurred prior to the date of withdrawal); and,

  • lodge a complaint with a supervisory authority, if you believe we have not complied with applicable data protection laws.


To exercise any of your rights, please contact us by email at privacy@xpolly.com. xpolly will respond to your request in a reasonable timeframe, and in any event within one month from receipt thereof.


Rights for Users in Jurisdictions Other than the US and European Economic Area


Depending on your location, you may have rights in relation to and that depend on our reason for processing your Personal Information as a data controller. In particular, you may have the right to:

  • be informed of your rights prior to our collection, use and disclosure of your Personal Information and know why such information is being collected, how it will be used, how long it will be retained for, the security measures adopted to protect such information, when it was last accessed or modified, who it will be disclosed to and names and addresses of recipients;

  • not identify yourself, or use a pseudonym in certain circumstances;

  • access to Personal Information processed concerning you, including a historic view of such information and information about automated processing of Personal Information where the data will likely be the sole basis for a decision concerning you;

  • rectification of inaccurate Personal Information concerning you, in some cases within certain prescribed time limits, and a right to erasure;

  • restrict processing or reject it based on reasonable grounds;

  • erasure;

  • data portability;

  • object to the processing on grounds relating to your particular situation;

  • withdraw consent previously provided (however, a withdrawal does not affect the lawfulness of processing of your Personal Information that occurred prior to the date of withdrawal); and,

  • lodge a complaint with a supervisory authority, if you believe we have not complied with applicable data protection laws.


To exercise any of your rights, please contact us by email at privacy@xpolly.com. xpolly will respond to your request in a reasonable timeframe, and in any event within one month from receipt thereof.


Contact Us


If you have any questions regarding our Privacy Policy, or need to access the policy in an alternative format due to a disability, please contact us at privacy@xpolly.com.