Privacy Policy

xBack is committed to protecting your privacy.

Thank you for accessing the xBack operated by xBack Inc (“we,” “our,” or “us”). We respect your privacy and want to protect your information. This Privacy Policy governs the xBack.io and their subdomains (the “Sites”), applications, products, services, events, and any interactive features and applications that reference this Privacy Policy. To the extent we provide you notice with different or additional privacy policies or practices (e.g., at the point of collection of your information), those additional terms shall govern such data collection and use. This Privacy Policy also applies to information we may collect from you while visiting our booth during an event, accessing a white paper online, via telephone calls with our office, through online payments, using our applications, services and any products, or in any other instance when you contact us. If you voluntarily provide your information in the course of using or interacting with our Sites or apps, purchasing our products, or using our services, we will take that as your consent to our collection, use, and disclosure of your information in accordance with this Privacy Policy. 

This Privacy Policy must be read in conjunction with the xBack Terms of Service (the “Terms”). Together, they form a legally binding agreement between you and xBack, so please read them carefully. Unless otherwise stated, the capitalized terms in this Privacy Policy shall have the same meaning given to them in the Terms.

This Privacy Policy does not apply to any products, services, websites, or content that are offered by third parties (“Third Party Services”), which are governed by their respective privacy policies.  

 

This Privacy Policy explains what personal information we collect from you, why we collect it, under what circumstances we may share it with third parties, how we protect your personal information, and your privacy rights. Personal information means any information relating to an identified or identifiable natural person.   

 

In addition, please review the Sites’ Terms of Use, which govern your use of the Sites. By using our Sites, you consent to this Privacy Policy and agree to the Terms of Use. 

 

Table of Contents 

 

What Information We Collect 

 

Why We Collect Information 

 

When We Share Information 

 

Cookies 

 

Location of Your Information 

 

Data Security   

 

Marketing Choices 

 

xBack as a Data Processor for EU/EEA and Switzerland Customers   

 

Your GDPR Rights 

 

Your California Privacy Rights   

 

Privacy of Children Online 

 

Updating Personal Information   

 

Do Not Track Disclosures (DNT)   

 

Visitors to the Sites Outside of the United States   

 

Links to Other Websites 

 

Information Retention 

 

Questions/Changes in Privacy Policy   

 

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What Information We Collect 

 

We collect personal information from you in a variety of ways when you use our service and products. Below is a list of personal information that we collect and the sources from which we collect the information. 

 

(a) Information You Provide to Us 

 

In connection with the products and services we provide, we may ask you to provide us with following categories of personal information. Not all categories may be collected about every individual:   

 

• Personal identifiers (e.g. name, mailing address, email address, phone number) 

• Characteristics of protected classifications (e.g. gender, age, nationality) 

• Commercial information (e.g. products or services purchased, purchase history) 

• Internet or other electronic network activity (e.g. browser, cookie ID or search history)   

• Geolocation data (e.g. latitude or longitude) 

• Financial information (e.g. bank account numbers)   

 

(b) General Browsing 

 

In addition to information that you choose to submit to us, we and our service providers automatically collect and store certain information when you visit or interact with the Sites (“Usage Information”). This Usage Information may be stored or accessed from your personal computer, laptop, tablet, mobile phone or other device whenever you visit or interact with our Sites. Usage Information may include:   

 

• Your IP address, UDID or other unique identifier 

• Your device functionality, including browser, operating system, hardware, and mobile network information 

• Internet, application, and network activity, such as cookie IDs and browser visits 

• Location information, such as geo-location information 

 

Why We Collect Information 

 

We collect your personal information to provide you with our products and services, such as to fulfill your requests for services or to help us personalize our services and marketing to you. We also collect your personal information to support our business functions, such as customer service, recruiting, and legal functions. Below are some ways in which we use your personal information:   

 

• Registering and maintaining your account 

• Processing your order(s) and providing you with customer service, including responding to your inquiries regarding our products and services and/or communicating with you regarding orders, purchases, and payments 

• Complying with legal obligations, including, for example, collecting address information for identity verification for credit card billing 

• Sending you marketing information about xBack and our affiliates 

• Sending you email communications such as electronic newsletters about our products, Services, events, and promotions 

• Improving the effectiveness of our Sites, marketing endeavors, and product and service offerings 

• Identifying your product and service preferences, providing personalized content and ads and informing you of new or additional information, products and services that may be of interest to you 

• Allowing you to participate in interactive discussions and public forums 

• Helping us address problems with and improve our Sites and our products and services 

• Protecting the security and integrity of the Sites 

• Screening, identifying, and evaluating candidates for positions 

• For other internal business purposes, and 

• For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy 

 

When We Share Information 

 

We share your personal information with third parties, such as companies with whom we have marketing or other relationships. We will not sell or rent your personal information for money. 

 

Examples of when xBack shares your personal information include: 

 

(a) Third Parties Providing Services to xBack. We may use third party service providers to perform certain services on behalf of us or the Sites, such as: (i) shipping products and ensuring delivery; (ii) processing credit cards and/or electronic payments; (iii) assisting us in Sites operations; (iv) managing a database of customer information; (v) hosting the Sites; (vi) designing and/or operating the Sites’ features; (vii) tracking the Sites’ activities and analytics; (viii) enabling us to send you special offers or perform other administrative services; and (ix) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information to carry out the services they are performing for you or for us. We require our service providers to keep user information secure. We do not allow our service providers to use or share user information for any purpose other than providing services on our behalf. 

 

(b) To Protect the Rights of xBack and Others. To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of xBack or third parties (including through the enforcement of this Privacy Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas, or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.   

 

(c) Affiliates and Business Transfer. We may share your information with our subsidiaries and affiliates. As part of this sharing of information with our subsidiaries and affiliates, this means that once you provide us with information, any one of our related entities may use your information, including for marketing purposes, pursuant to the terms of this Privacy Policy. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Sites and/or our services; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during any due diligence process.   

 

Cookies 

 

Our Sites use certain tags, log files, web beacons, and similar tracking technologies from third parties (collectively, "cookies"), of which you should be aware. These mechanisms indirectly or passively collect certain information about your use and interaction with our Sites and when you use our services. For more information about how we use cookies and your choices, please refer to our Cookies Policy.   

 

Location of Your Information 

xBack is located in the United States, and our affiliated companies are located throughout the world. Depending on the scope of your interactions with our services, your personal information may be stored in or accessed from multiple countries, including the United States. Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by applicable data protection laws.   

 

Data Security 

xBack is concerned with the security of the data we have collected and utilizes reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access, and technical elements relating to data access controls. In addition, xBack uses standard security protocols and mechanisms to facilitate the exchange and transmission of sensitive data, such as credit card information, and has procedures in place to deal with any data breach. We will notify you and any applicable regulator of a data breach where we are legally required to do so. 

 

Please note that while we incorporate commercially reasonable safeguards to help protect and secure your personal information, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed 100% secure. As a result, xBack cannot guarantee or warrant the security of any information you transmit to or from our Sites, and you provide us with your information at your own risk. If you must transmit confidential information to us for any reason, please contact us for instructions for a secure file transfer protocol. 

 

Marketing Choices 

We may send you direct marketing messages including by way of email alerts. If you no longer wish to receive our email marketing or general information communications, to be part of a mailing list, or to receive any marketing communications, you can opt-out of such communications at any time by clicking on the unsubscribe link in the relevant communication or contacting us at x@xBack.io.   

 

xBack as a Data Processor for EU/EEA and Switzerland Customers 

 

When providing software as a service (SaaS), xBack may process personal data controlled by its customers or customers of xBack entities located in the European Union/European Economic Area (“EU/EEA”). xBack does not determine or have knowledge of the types of data stored by customers or how that data is accessed, exchanged, processed, or the classification of that data. xBack customers are the data controllers of such personal data and are responsible for compliance with applicable data protection laws. xBack processes data as a data processor at the direction of its customers in accordance with the terms of the MSA.   

 

The provision of SaaS may, at the direction of the customer, include the transfer by the customer of its customers’ personal data outside of the EEA to jurisdictions which may not provide the same level of legal protection as in the EEA. The customer is responsible for ensuring that it has all necessary consents and agreements in place with data subjects for international transfers of personal data that it directs as part of its receipt of IaaS.   

 

The terms “personal data,” “process,” “data controller,” “data processor,” and “data subject” have the meanings given to them in the EU General Data Protection Regulation (“GDPR”). 

 

On occasion, employees of xBack may have temporary access to customer content in connection with providing maintenance or support services to you. This access will only be accomplished by way of your explicit permission and instructions (as the controller of the customer content) and only for so long as the employee is providing services to you. As a processor, xBack will not access the customer content for any purpose beyond providing you with support as described above and will not disclose it to any person or entity.   

 

Your GDPR Rights 

 

If you are in the EEA, you have the following rights, which can be exercised free of charge: 

 

• Access. You have the right to request a copy of the personal information that we are processing about you. If you require additional copies, we may need to charge a reasonable fee 

• Rectification. You have the right to require the correction of any mistake in the personal information, whether incomplete or inaccurate, that we hold about you 

• Deletion. You have the right to require the erasure of personal information concerning you in certain situations, such as where we no longer need it or if you withdraw your consent (where applicable) 

• Portability. You have the right to receive the personal information concerning you that you have provided to us, in a structured, commonly used, and machine-readable format and have the right to transmit that data to a third party in certain situations 

• Objection. You have the right to (i) object at any time to the processing of your personal information for direct marketing purposes and (ii) object to our processing of your personal information where the legal ground of such processing is necessary for legitimate interests pursued by us or by a third party. We will then abide by your request unless we can demonstrate compelling legal grounds for the processing 

• Restriction. You have the right to request that we restrict our processing of your personal information in certain circumstances, such as when you contest the accuracy of that personal information 

• Withdrawal of consent. If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time. "Explicit consent" would be required if the xBack relies on consent as the condition to lawfully process "special categories of personal data," as defined in the GDPR 

 

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process your personal information or where data may be exempt from disclosure due to professional secrecy obligations. 

 

If you are in the EEA and would like to exercise any of these rights, please: 

 

• Submit a request by using our GDPR Data Subject Rights Form.   

 

                                                                       -OR- 

 

• Email us at x@xBack.io  

• Provide enough information to identify yourself (e.g., name, email address, etc.) 

• Provide proof of your identity and address (e.g. a copy of your driver’s license or passport and a recent utility or credit card bill) and 

• Provide the information to which your request relates 

 

Your California Privacy Rights 

If you are a California resident, you may make certain requests to xBack regarding your personal information. We will fulfill each of your requests to the extent required by California law.   

 

You can ask us to:   

 

(1) Provide a copy of your personal information, or categories of personal information   

 

(2) Delete your personal information   

 

(3) Stop selling your personal information 

 

We do not share your personal information for money. We do share personal information with our affiliated entities and certain third parties, which may be considered a “sale” under California law even if we do not receive money in exchange for the information. We do not knowingly sell the personal information of minors under the age of 16. 

 

We will not discriminate against you for exercising your rights. This means we will not deny you products or services, charge different prices or rates, provide a different level of service or quality of products, or suggest that you might receive a different price or level of quality for products or services. Please know, if you ask us to delete or stop selling your data, it may impact your experience with us. 

 

To make your request, please use our CCPA Privacy Request Form. Or you can email your request to x@xBack.io with “California Privacy Rights” as the subject line. You must include your full name, email address, phone number, and postal address in your request for us to verify your identity.   

 

Privacy of Children Online 

 

Our Sites and Services are not directed to children under the age of 13 and do not knowingly collect personal information from children under the age of 13. Please contact us at x@xBack.io if you have concerns regarding the potential collection of your child’s information. 

 

Updating Personal Information 

 

We strive to keep your personal information accurate and up to date. If you would like to update your personal information, you can accomplish it in the following ways: 

 

• If you have created an account on our Sites, log into your account. Once you do, you will be able to enter and update your own contact information. 

 

• Contact us at x@xBack.io. We will use good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all your information from our databases and that residual data may remain on backup media or for other reasons, such as a legitimate business reason. 

 

Do Not Track Disclosures (DNT) 

 

Various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that relies on a technology known as a DNT header that sends a signal to websites visited by the browser user about the user's DNT preference. You can usually access your browser's DNT option in your browser's preferences. xBack currently does not respond to DNT signals in browsers because no DNT standard has been adopted by the industry. 

 

Visitors to the Sites Outside of the United States 

 

If you are visiting the Sites from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the Sites will be created on servers located in the United States. Information you provide through the Sites may be maintained on our web servers and systems located within the United States, or on our service providers’ servers and systems in other countries, including countries outside the European Economic Area (EEA). The data protection laws in the United States or other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the relevant countries according to local laws. By using the Sites or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries, as set forth in this Privacy Policy. 

 

Links to Other Websites 

 

For your convenience, the Sites may contain links to other websites. xBack is not responsible for the privacy practices, advertising, products, services, or the contents of such other websites. None of the links on the Sites should be deemed to imply that xBack endorses or has any affiliation with the links. 

 

Information Retention 

 

We will retain your personal information for as long as necessary for the purposes for which that information was collected as set out in this Privacy Policy or for longer as required under any applicable legal, regulatory, accounting, or reporting requirements. Should you opt out or no longer wish to receive marketing messages from us, we will securely delete your personal information from the relevant mailing list(s). 

 

Questions / Changes in Privacy Policy 

 

If you have questions or concerns with respect to our Privacy Policy, you can contact us at x@xBack.io.   

 

Please check our Privacy Policy periodically for changes. All the changes will become effective on the date posted. If you are concerned about how your personal information is used, please visit our Sites often for this and other important announcements and updates.