Privacy Policy Effective 05/17/2019

Xmark Holding, LLC and our affiliates (“Xmark”, “we”, “us”, “our”) know how important privacy is to our customers, and we strive to be clear about how we collect, use, disclose, transfer and store your information. This Privacy Policy explains our information practices. This Privacy Policy applies to our websites or online applications that refer to or link to the Privacy Policy (collectively, our “Services”). This includes customer support for such devices, websites or online applications.

Please note that the Privacy Policy can also apply regardless of whether you use a computer, mobile phone, tablet, or other device to access our Services. It is important that you read the Privacy Policy carefully because anytime you use our Services; you consent to the practices we describe in the Privacy Policy.

It also is important that you check back often for updates to the Privacy Policy. If we update the Privacy Policy we will let you know about changes we consider to be material by placing a notice on relevant Services. By accessing or using our Services after we have placed such a notice, you consent to the new practice(s) identified in the update. The most current version of the Privacy Policy will always be available here https://xmarkco.com/privacy-policy. You can check the “effective date” posted at the top to see when the Privacy Policy was last updated.

WHAT INFORMATION DO WE COLLECT ABOUT YOU?

Information you provide directly

Some Services enable you to give us information directly. For example:

  • A number of our Services enable users to create accounts or profiles. In connection with these Services, we may ask you to provide certain information about yourself to set up the account or profile. For example, you can submit certain information about yourself, such as your name and email address, mailing address and other contact information when you create an Xmark Account.
  • If you order a product or paid service from us, we may ask for your name, contact information, shipping and billing address(es), and credit card information in order to process your order.
  • Upon your request for customer support submitted through Contact Us in our website, we may ask for certain information about yourself including, without limitation, your name, shipping and billing address(es) and contact information, in order to process your request.
  • Some of our Services enable you to communicate with other people. Those communications will be transmitted through our systems.

Information about your use of the Services

In addition to the information you provide, we may collect information about your use of our Services through software on your device and other means. For example, we may collect usage information such as the time and duration of your use of the Service, search query terms you enter through the Services, and any information stored in cookies that we have set on your device.

Information from third-party sources

We may receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with other information we receive from or about you. We also may receive information about you from third-party social networking services when you choose to connect with those services.

Other Information We Collect

We also may collect other information about you, your device, or your use of the services in ways that we describe to you at the point of collection or otherwise with your consent. You can choose not to provide us with certain types of information (e.g., information we request during Xmark Account registration), but doing so may affect your ability to use some Services.

HOW DO WE USE YOUR INFORMATION?

We may use information we collect for the following purposes:

  • to register you or your device for a Service;
  • to provide a Service or feature you request;
  • to provide customized content and provide personalized services based on your past activities on our Services;
  • for advertising, such as providing customized advertisements, sponsored content and sending you promotional communications;
  • for assessment and analysis of our market, customers, products, and services (including asking you for your opinions on our products and services and carrying out customer surveys);
  • to understand the way people use our Services so that we can improve them and develop new products and services; and
  • otherwise with your consent.

We may combine information from or about you, including across different Services or devices, for purposes consistent with this Privacy Policy. Depending on the reason for which we combine the data, and on the requirements of applicable law, specific controls for such combination may be made available, for instance, visiting applicable web pages.

TO WHOM DO WE DISCLOSE YOUR INFORMATION?

We will not disclose your information to third parties for their own independent marketing or business purposes without your consent. However, we may disclose your information to the following entities:

  • Business Partners. We also may share your information with trusted business partners, and our distributors/agents. These entities may use your information to provide you with services you request, make predictions about your interests and may provide you with promotional materials, advertisements and other materials.
  • Service providers. We also may disclose your information to companies that provide services for or on behalf of us, such as companies that help us with billing or that send emails on our behalf. These entities are limited in their ability to use your information for purposes other than providing services for us.
  • Other Parties When Required by Law or as Necessary to Protect Our Services. There may be instances when we disclose your information to other parties:
    • to comply with the law or respond to compulsory legal process (such as a search warrant or other court order);
    • to verify or enforce compliance with the policies governing our Services; and
    • to protect the rights, property, or safety of Xmark, or any of our respective affiliates, business partners, or customers.
  • Other Parties in Connection with Corporate Transactions. We may disclose your information to a third party as part of a merger or transfer, or in the event of a bankruptcy.
  • Other Parties with Your Consent or at Your Direction. In addition to the disclosures described in this Privacy Policy, we may share information about you with third parties when you consent to or request such sharing.

YOUR CHOICES

We offer a variety of choices about how we use your information. You can make choices about whether to receive promotional communications from us by following the unsubscribe instructions included in the communication. In addition and often times, you can also make choices by changing your settings for specific Services or when we give you a just-in-time notice, or by visiting relevant webpages.

WHAT DO WE DO TO KEEP YOUR INFORMATION SECURE?

We have put in place reasonable physical and technical measures to safeguard the information we collect in connection with the Services. However, please note that although we take reasonable steps to protect your information, no website, Internet transmission, computer system or wireless connection is completely secure.

DATA RETENTION

We take reasonable steps to ensure that information about you is available only for so long as is necessary for the purpose for which it is processed, or longer if required under any contract, by applicable law, or for statistical purposes, subject to appropriate safeguards.

YOUR CALIFORNIA PRIVACY RIGHTS

California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of personally identifiable information to third parties for their direct marketing purposes in the preceding calendar year (e.g., requests made in 2022 will receive information about 2021 sharing activities). We comply with this law by giving users the ability to tell us not to share personally identifiable information with third parties for their direct marketing purposes. To make such a request, send an email to support@xmarkco.com. We may need additional information to process your request.

THIRD-PARTY LINKS AND PRODUCTS ON OUR SERVICES

Our Services may link to third-party websites and services that are outside our control. We are not responsible for the security or privacy of any information collected by websites or other services. You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use.

We also may make available to you certain products or services produced by third parties. Xmark is not responsible for these third-party products or services.

CHILDREN

We do not knowingly collect any personal information from children under the age of thirteen (13) without parental consent, unless permitted by law. If we learn that a child under the age of thirteen (13) has provided us with personal information, we will delete it in accordance with applicable law.

COOKIES, BEACONS AND SIMILAR TECHNOLOGIES

We may use cookies, beacons, and other technologies in certain areas of our Services.

Cookies

Cookies are small files that store information on your computer, mobile phone or other device. They enable the entity that put the cookie on your device to recognize you across different websites, services, devices, and/or browsing sessions. Cookies serve many useful purposes. For example:

  • Cookies can remember your sign-in credentials so you don’t have to enter those credentials each time you log on to a service.
  • Cookies help us and third parties understand which parts of our Services are the most popular because they help us to see which pages and features visitors are accessing and how much time they are spending on the pages. By studying this kind of information, we are better able to adapt the Services and provide you with a better experience.
  • Cookies help us and third parties provide you with relevant content by collecting information about your use of our Services. When you use a web browser to access the Services, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. The operating system of your device may contain additional controls for cookies. Please note, however, that some Services may be designed to work using cookies and that disabling cookies may affect your ability to use those Services, or certain parts of them.

Other Local Storage

We, along with certain third parties, may use other kinds of local storage technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage, in connection with our Services. These technologies are similar to the cookies discussed above in that they are stored on your device and can be used to store certain information about your activities and preferences. However, these technologies may make use of different parts of your device from standard cookies, and so you might not be able to control them using standard browser tools and settings.

Beacons

We, along with certain third parties, also may use technologies called beacons (or “pixels”) that communicate information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, know when you have viewed particular content or a particular email message, determine the time and date on which you viewed the beacon, and the IP address of your device. We and certain third parties use beacons for a variety of purposes, including to analyze the use of our Services and (in conjunction with cookies) to provide products and services to you.

By accessing and using our Services, you consent to the storage of cookies, other local storage technologies, beacons and other information on your devices. You also consent to the access of such cookies, local storage technologies, beacons and information by us and by the third parties mentioned above.

DO NOT TRACK SIGNALS AND SIMILAR MECHANISMS

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates, although web browsers incorporate and activate this functionality in different ways, and it is not always clear whether users intend for these signals to be transmitted. There currently is disagreement, including among participants in the leading Internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. Xmark currently does not take action in response to these signals, but, if and when a standard is established and accepted, we may reassess how to respond to these signals.

FURTHER INFORMATION

If you have any specific questions, please contact us at:
Xmark Holding, LLC
119 S. Valley Dr. Suite A, Nampa, ID 83686
Email: info@xmarkco.com.