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XOS Online Privacy Policy

WE UPDATED OUR PRIVACY NOTICE EFFECTIVE MAY 11, 2018.

This Online Privacy Policy (“Privacy Policy”) explains how XOS handles Personal Data provided to us on websites, mobile sites, mobile applications, and other digital services and products controlled by XOS that link to this Privacy Policy (collectively, “XOS Sites”).  XOS is the data controller for the processing of Personal Data under applicable law.

This Privacy Notice does not apply to XOS Sites that do not link to this Privacy Policy or to third-party websites linked from XOS Sites.

 

Information We Collect

XOS collects the following types of information through the XOS Sites:

  • Information you provide. Personal Data you provide when registering for our products and services, responding to questionnaires or surveys, or contacting XOS customer service.
  • Information collected automatically.Your IP address and non-identifying information about your use of XOS Sites may be collected automatically using tracking technologies, such as cookies. Your website browser software can be set to reject all cookies; however, cookies can allow you to take advantage of some of the site’s essential features, which may not work if you reject cookies.
  • Information collected from other sources.We may combine information about you from XOS Sites, information collected offline or from external parties.

How We Use Your Information

XOS uses the information we collect for the following purposes:

  • To provide you with the XOS product and services you request.
  • To offer and provide information about similar and/or related products and services.
  • To customize and improve your experienceon XOS Sites.
  • To generallyimprove our products and XOS Sites and other internal business purposes.
  • Legal obligations to notify and report to authorities.

Under European data protection laws, XOS must have a legal basis to process your Personal Data. The legal basis that applies in an instance will depend on for which of the specific purposes described above XOS is processing your Personal Data:

  • In certain cases, XOS ay ask for your consent to collect and process your Personal Data. Should you choose to provide your consent, you may later withdraw your consent by contacting us as described in the “Your Privacy Choices” section. Please note that the withdrawal of consent will not affect processing which has already occurred.
  • In other instances, the processing of your Personal Data may be necessary in order to comply with an applicable law or regulation or for the performance of a contract to which you are subject. You may not be able to opt-out of this processing, or your choice to opt-out may impact our ability to perform a contractual obligation otherwise owed to you.
  • In still other instances, XOS may process your Personal Data based on XOS’ legitimate interests in communicating with you about our products and services, and about scientific research and educational opportunities. You have the right to opt-out of all such processing of your Personal Data.  You may do so by contacting us as described in the “Your Privacy Choices” section. 

Information we Share

XOS does not sell or disclose your Personal Data to third parties without your consent, except:

  • To affiliates and third-party service providers to provide services and information on our sites, including online marketing and advertising, and to support our business operations. We require these parties to handle Personal Data in accordance with this Privacy Notice.
  • To affiliates to offer and provide information about related products and services. We do not share Personal Data from countries that require consent, unless consent has been obtained in advance to sharing with related affiliates. We require these parties to handle Personal Data in accordance with this Privacy Notice.
  • To another company in connection with the sale or transfer of one of our product lines or divisions, which includes the services provided through one or more of the XOS affiliates.
  • To governing regulatory authorities, including the US Food and Drug Administration, or as may otherwise be necessary for XOS to comply with a legal obligation or demand.

In the event XOS decides to reorganize or divest our business through sale, merger, or acquisition, XOS may share Personal Data about you with actual or prospective purchasers.  We will require any actual or prospective purchasers to treat this Personal Data in a manner consistent with this notice.

You can find all related affiliates here.

Affiliates, Vendors and Suppliers

We have relationships with suppliers and affiliated companies, who help us operate our business and for whom it may be necessary to have access to your Personal Data in the course of providing services to XOS. We will not authorize these parties to use your Personal Data for any purpose that is not related to XOS and its related affiliates business operation, and we do not share Personal Data from countries that require consent, unless consent has been obtained in advance to sharing with related affiliates. We require them to handle your Personal Data collected in accordance with this Privacy Notice.

 

 

Product Reports

If you contact XOS regarding your experience in using one of our products, we may use the information that you provide in submitting reports to the designated government regulatory authority, as required of us by law.

 

Legal Rights and Obligations

In certain limited circumstances, XOS may need to disclose your Personal Data in order to comply with a legal obligation or demand, such as to comply with reporting obligations to our governing regulatory authorities regarding the safety of our products, or in connection with the sale or transfer of one of our product lines or divisions, which includes the services provided through one or more of the XOS Sites. In such instances, we will take measures to protect your Personal Data to the extent possible. We also reserve the right to use Personal Data to investigate and prosecute users who violate our rules or who engage in behavior that is illegal or harmful to others or to others’ property.

 

Change in Organization

In the event XOS decides to reorganize or divest our business through sale, merger, or acquisition, XOS may share Personal Data about you with actual or prospective purchasers.  We will require any actual or prospective purchasers to treat this Personal Data in a manner consistent with this notice.

 

Children Privacy

XOS does not knowingly collect or use any Personal Data directly from children on XOS Sites (XOSfines as “children” as minors younger than 18). We do not knowingly allow children to order our products, to communicate with us, or to use any of our online services. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.

 

Personal Data You Share During Other Interactions with XOS

You may contact XOS to ask questions, discuss your concerns, or report issues regarding our products. If you communicate with or request information from XOS, you may be prompted to provide your contact information as well as any Personal Data that is relevant to your request.

Information That May Be Collected Automatically

When you use the XOS Sites, we also may collect certain usage and device information automatically as described below.

 

IP Address

We may record the Internet Protocol (“IP”) address of your computer or other electronic device when you visit the XOS Sites. An IP address identifies the electronic device you use to access the Sites, which allows us to maintain communication with your computer as you move about XOS Sites and to customize content.

 

Cookies and Other Tracking Technologies

We also collect information about your use of XOS Sites through tracking technologies such as cookies and web beacons. A “cookie” is a unique numeric code that is transferred to your computer to track your interests and preferences and to recognize you as a return visitor. A “Web beacon” is a transparent graphic image placed on a Web site, e-mail or advertisement that enables the monitoring of things such as user activity and site traffic. These technologies help remember your preferences and allow us to bring you the content and features that are likely to be of greatest interest to you on the basis of “clickstream” data that shows your previous activities on XOS Sites.

We utilize Google Display Advertising (such as Retargeting with Google Analytics, Google Display Network Impression Reporting, DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting) to (1) show you our ads on other websites based on your prior visits to XOS Sites, and (2) better understand our ad impressions and use of ad services. In connection with the Google Analytics Demographics and Interest Reporting service, we may use data from Google's interest-based advertising or third-party audience data (such as age, gender and interests) with Google Analytics to understand and improve our marketing campaigns and Site content.

Some of our online advertising takes place through Google Display Advertising. As part of this program, we use Google Analytics features such as Retargeting. In connection with that feature and others offered by ad networks, we and the operators of ad networks, including Google, may use third-party cookies (such as the DoubleClick cookie) – and in some cases first-party cookies (such as the Google Analytics cookie) – to inform, optimize and serve ads across the Internet, based on a user's past visits to XOS Sites. We also may show you ads from some of our affiliated companies when you visit XOS Sites.

You can opt out of Google Ads by visiting http://www.google.com/ads/preferences. If you do not want your data used by Google Analytics, you can install the Google Analytics opt-out browser add-on at the Google Analytics opt-out page.

This XOS Site is not designed to respond to "do not track" signals received from browsers.

To learn more about cookies and other tracking technologies, including how to disable them, please visit http://www.allaboutcookies.org/. Please note that some cookies are essential to the functioning of our Sites and deleting or disabling them will reduce the site’s functionality.

 

Mobile Tracking

Some XOS Sites are available either as mobile applications or mobile sites that you can use on your mobile device. If you use a mobile device to access and use the XOS Sites, we may collect the following mobile-specific information in addition to the other information described above: device or advertising ID, device type, hardware type, media access control (“MAC”) address, international mobile equipment identity (“IMEI”), the version of your mobile operating system, the platform used to access or download the XOS Site (e.g., Apple, Google, Amazon, Windows), location information and usage information about your device and your use of the XOS Sites.

 

Information Collected from Other Sources

We may combine information about you from a visit to one XOS Site with information about you from visits to other XOS Sites. We may also combine information about you that is collected through the XOS Sites with information that we have collected offline, as well as with information provided to us by third parties.

 

Your Privacy Choices

You have the right to see and get a copy of Personal Data about you that we maintain as well as to ask us to make corrections to inaccurate or incomplete Personal Data about you.  You have the right to receive data you have provided to us in a machine-readable format and to transmit that data to another controller. You may also request the erasure of your Personal Data or the restriction of its processing, or object to the processing of Personal Data about you. To seek access to Personal Data about you, to file a concern, complaint, or request for correction, or to opt-out of particular programs, please contact our Privacy Leader by clicking on the “Contact Us” link on the XOS Site you are using, by using the XOS contact information on the XOS mobile application you are using, or by emailing us at info@xos.com. You may also send a letter to the following address:

XOS
Attn: Privacy
15 Tech Valley Drive,

East Greenbush, NY 12061

 

Your country’s Data Protection Authority is responsible for making sure that privacy law is followed in your country.  For more information about your privacy rights, or if you are not able to resolve a problem directly with us and wish to make a complaint, contact your local authority.

 

Security

XOS maintains controls to protect and secure Personal Data, but when you share Personal Data online there is always some risk that an unauthorized third party could gain access to your information.

 

Accessing Our Sites Globally

By using this site, you understand that your Personal Data will be collected, stored, and processed in the United States and in any country to which we may transfer your information in the course of our business operations. XOS may transmit Personal Data about you to related affiliates worldwide.  These affiliates may, in turn, transmit Personal Data about you to other related affiliates.  Some affiliates may be in countries that do not ensure an adequate level of data protection.  Nevertheless, all related affiliates are required to treat Personal Data in a manner consistent with this notice.  To obtain additional information regarding the safeguards we have in place for cross-border transfers of Personal Data, please contact us using the information provided in the “Your Privacy Choices” section.

 

Privacy and Security

XOS (“XOS”), along with its affiliates and subsidiaries respect your privacy, value our relationship, and are committed to safeguarding your privacy. We understand the importance of privacy to our customers and visitors to the XOS websites. Our use of Personal Data is governed by our Privacy Policy and by accessing and using the XOS websites, you agree to be bound by that Privacy Policy.

You recognize and agree that when submitting your personally identifiable information to XOS websites, while XOS has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, XOS SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF XOS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, XOS DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH CUSTOMER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.

 

Changes to Our Privacy Notice

Check this Privacy Notice regularly, as we may change or update portions of this Privacy Policy from time to time, subject to any applicable consent requirements. Any changes will be promptly posted to this page and accompanied by a new effective date at the top of this page.