Privacy Policy (“Privacy Policy”) describes the practices of the
Xcalable companies, comprising Xcalable (collectively,
“ Xcalable ” or the “Companies,” “we,” “us,” “our”) regarding information
collected through our websites and our products and services (collectively, the
“ Xcalable Services” or “Services”).
Our privacy practices may vary among the places in which we operate in order to
comply with applicable legal requirements.
When you interact with the Xcalable Services, you consent
to such collection, use and sharing of information as described in this Privacy
Policy and our Terms of Use. If you do not consent to the terms of this Privacy
Policy and our Terms of Use, do not continue to interact with or use the
Xcalable Services.
European Residents: Please see our European Privacy
Policy (below) for residents of the European Union, the European Economic Area
or Switzerland.
We may also process personal data submitted relating to individuals in Europe
via other compliance mechanisms, including use of the European Union Standard
Contractual Clauses or Binding Corporate Rules.
INFORMATION WE MAY COLLECT
The Xcalable Services gather certain information
automatically, some of which may be considered personal information under
applicable law.
We may collect, among other things, the following types of information:
- Name
• Address (including billing and shipping address)
• Telephone number
• Email address
• Fax number
• Professional information, such as employer or organizational
affiliation for a customer or partner
• Payment or financial information for billing purposes
• Screen name
• Screen sharing views, at the request of customers, for technical
or other types of support
• Any data in any files uploaded, emailed or otherwise provided by
customers for technical or other types of support
• Operating system type and version, web server type and
version, php version, database type and version
• Unique IDs such as a cookie placed on a computer or mobile
device, or device IDs
• IP address or MAC address, and information derived from an IP or
MAC address, such as geographic location
• Browsing activities, cookies and similar data, and platform or
mobile application use data
• Referring domain, destination domain and destination path
• Geolocational data, including latitudinal and
longitudinal data
• User IDs and passwords for customers with accounts on the
Xcalable Services
• Information about the performance, security, software
configuration and availability of our software on your servers and network
• Website user statistics and website and portal use and viewing
activity records
• Communication preferences
• Other similar information
We may also collect information, including personal information, in the
following situations:
- Registration, purchase and use of the Services:Information
such as name, email address, billing or shipping address, telephone number,
company/organization, financial information (such as credit card number,
verification code, expiration date), and other information, may be collected
in Xcalable with registration for, purchase of or use of
the Xcalable Services (for example, to sign-up for and log into
the Xcalable Services), including for processing and shipping of
orders. Customers may update their information by logging into their account.
Information may also be collected to track license use. - Communications:Personal information such as name,
email address, and other information, may be collected, when provided in any
communications, whether via email, social media, telephone or otherwise. - Support:Personal information may be collected in
Xcalable with customer support, whether via screensharing, email,
social media, telephone or otherwise. - Surveys and Research:We may collect personal
information from anyone participating in research, contests or surveys.
USE OF INFORMATION
Xcalable may use the information, including personal information, collected
in Xcalable with the Xcalable Services for the
purpose of providing the Services to our customers, as well as for supporting
our business functions, such as fraud prevention, marketing, analytics and
legal functions and other legitimate purposes.
To the extent permitted by applicable law and, for customer data, as permitted
by our customer agreements, we may use information collected in Xcalable with our Services:
- To operate the Xcalable Services and provide
support.
• To fulfill customer requests, such as to create a Xcalable Services account or complete customer purchases.
• To communicate with our customers; to inform customers and users
of products, programs, services and promotions.
• To send customers information regarding the Xcalable Services
and issues specifically affecting Xcalable Services.
• To respond to reviews, comments, or other feedback provided to
us.
• To support and personalize our Services, websites, mobile
services, and advertising.
• To protect the security and integrity of our Services, content,
and our business.
• To provide support
• For benchmarking, data analysis, audits, developing new products,
enhancing the Xcalable Services, facilitating product, software
and applications development, improving our services, conducting research,
analysis, studies or surveys, identifying usage trends, as well as for other
analytics purposes.
• To meet our contractual requirements, to comply with applicable
legal or regulatory requirements and our policies, and to protect against
criminal activity, claims and other liabilities.
• For any other lawful purpose for which the information is
provided.
Aggregate Information. To the extent permitted by
applicable law, we may use, process, transfer, and store any data about
individuals and customers or partners in an anonymous (or pseudonymous) and
aggregated manner. We may combine personal information with other information,
collected online and offline, including information from third party sources.
We may also use information in other ways with consent or as permitted by
applicable law. By using the Xcalable Services, our customers
agree that we are hereby licensed to collect, use, share and store anonymized
(or pseudonymized) aggregated data collected through the Xcalable Services
for benchmarking, analytics, A/B testing, metrics, research, reporting, machine
learning and other business purposes.
Automated Decisions. To the extent permitted by
applicable law, we may collect data in an automated manner and make automated
decisions, including using machine learning algorithms, about individual users
of the Xcalable Services in order to provide or optimize
the Xcalable Services offered and/or delivered, for security or
analytics purposes, and for any other lawful purpose. To the extent permitted
by applicable law, we may use automated decisions, for example, to display
advertisements and offers based on the individual’s preferences.
SHARING OF INFORMATION
To the extent permitted by applicable
law, Xcalable may share and disclose information, including
personal information, as set forth below:
- Customers. We may share information
with our customers and their service providers and other platforms that may
assist those customers.
• Affiliates and Agents. We may share
information with our affiliates or any business partners or agents acting on
our behalf.
• Service Providers. We may share
information with our service providers, agents, vendors and other third parties
we use to support and advertise the Xcalable Services and our
business. We share personal information with such third parties to the extent
necessary to provide services to us, and pursuant to binding contractual
obligations.
• Advertising and Marketing. To the
extent permitted by applicable law, we may share information with third parties
for marketing, advertising, promotions, contests, or other similar purposes. If
required by applicable law, we will share such data for advertising and
marketing purposes only in an aggregate, anonymous, and de-identified manner.
• Mergers, Acquisitions, Divestitures. We
may share, disclose or transfer information to a buyer, investor, new
affiliate, or other successor in the event Xcalable , or any affiliate,
portion, group or business unit thereof, undergoes a business transition, such
as a merger, acquisition, consolidation, reorganization, divestiture,
liquidation or dissolution (including bankruptcy), or a sale or other transfer
of all or a portion of any assets of Xcalable or any affiliates
or during steps in contemplation of such activities (e.g., negotiations and due
diligence).
• Law Enforcement and National Security. We
may share information with legal, governmental, or judicial authorities, as
instructed or required by those authorities or applicable laws, or to comply
with any law or directive, judicial or administrative order, legal process or
investigation, warrant, subpoena, government request, regulatory request, law
enforcement or national security investigation, or as otherwise required or
authorized by law.
• Protection of Rights, Property or Safety. We
may also share information if, in our sole discretion, we believe disclosure is
necessary or appropriate to protect the rights, property or safety of any
person, or if we suspect fraud or other illegal activity,
Xcalable may also disclose
personal information for other purposes or to other third parties when an
individual has consented to or requested such disclosure, or where a customer
has obtained permission from such individual, or where such disclosure is
otherwise legally permitted for legitimate business purposes, and, for customer
data, with such customer’s authorization or otherwise in accordance with
Xcalable ’sagreement with such customer.
COOKIES
We may use cookies and similar technologies to operate and improve the
Xcalable Services, as well as to simplify our interaction with you. A
“cookie” is a unique numeric code that we transfer to your computer so that we
can keep track of your interests and/or preferences and recognize you as a
return visitor to the websites. We may use cookies, log files, pixel tags, web
bugs, web beacons, clear GIFs, Local Storage Objects (LSOs) such as HTML5 and
Flash or other similar technologies to collect information about the ways you
interact with and use the Xcalable Services, to support and
enhance features and functionality, to monitor performance, to personalize
content and experiences, for marketing and analytics, and for other lawful
purposes. We may also engage third party service providers to provide
advertisements and promotions on our behalf, or authorize third parties to
advertise and market products and services via the Xcalable Services.
We may use the following types of cookies and similar technologies:
- Strictly necessary cookiesrequired
for the operation of the Xcalable Services. They include, for
example, cookies that enable you to log into secure areas.
• Analytical/performance cookies that
collect information about how you use the Xcalable Services. They
allow us to recognize and count the number of visitors and to see how visitors
move around our website. This helps us to improve the way our website works.
These cookies are sometimes placed by third party providers of web traffic
analysis services.
• Functionality cookies that remember
choices you make and recognize you when you return. This enables us to
personalize our content, greet you by name and remember your preferences (for
example, your choice of language or region).
• Targeting cookies that collect
information about your browsing habits such as the pages you have visited and
the links you have followed. We use this information to make our website more
relevant to your interests, and, if we enable advertising, to make advertising
more relevant to you, as well as to limit the number of times you see an ad.
These cookies are usually placed by third-party advertising networks. They
remember the other websites that you visit and this information is shared with
third-party organizations, for example, advertisers.
Most internet browsers accept cookies by default. You can block cookies by
activating the setting on your browser that allows you to reject all or some
cookies. The help and support area on your internet browser should have
instructions on how to block or delete cookies. Some web browsers (including
some mobile web browsers) provide settings that allow you to control or reject
cookies or to alert you to when a cookie is placed on your computer, tablet or
mobile device. Although you are not required to accept cookies, if you block or
reject them, you may not have access to all of the features available through
the Xcalable Services.
We may use third party analytics such as Google Analytics or similar analytics
services. The analytics providers that administer these services may use
technologies such as cookies and web beacons to, among other things, help us
analyze how visitors use our websites.
We may use third-party advertisers to serve or track advertisements on or
relating to the Xcalable Services. These third parties may use
cookies and other tracking and analytical technologies to, among other things,
record which ads your browser has loaded and which pages you were viewing when
ads were delivered or accessed. Information so collected is subject to the
privacy policies of those third parties, which you should carefully review. We
have no control over third party use of cookies.
DATA RETENTION
To the extent permitted by applicable law, we may retain information for as
long as is reasonably necessary to provide the Xcalable Services or as
needed for other lawful purposes. We may retain cached or archived copies of
information. We may retain anonymized or pseudonymized, aggregated data
indefinitely, to the extent permitted under applicable law. We may be required
to retain some data for a longer period of time because of various laws and
regulations or because of contractual obligations. We also will retain
information as long as reasonably necessary to comply with our legal and
contractual obligations, resolve disputes and enforce our agreements.
CHOICES AND OPT-OUT
To the extent required by applicable law, or in our discretion otherwise, we
will allow customers and individuals to limit use of personal information. If
at any time after providing us with your personal information such information
changes or you change your mind about receiving information from us, you may
request access to your data or that your data be changed.
If you no longer wish to receive our communications, you may opt-out of
receiving them at any time by following the instructions included in each
communication, by sending a blank email request to unsubscribe@ Xcalable .com,
or by mail at Xcalable , 730 Milford Rd. Merrimack, NH 03054, Attn:
Senior director, Information Security. Please note: Even though you may choose
to unsubscribe from our communications, for security reasons we will always
attempt to send you transaction-related order, backorder and shipment
confirmation emails concerning your purchase through our website.
CROSS-DEVICE TRACKING
When you use your mobile device to interact with us or use the Xcalable
Services, we may receive information about your mobile device, including
a unique identifier for your device. We and our service providers and third
parties we collaborate with, including ad networks, may use
cross-device/cross-context tracking. For example, you might use multiple
browsers on a single device, or use various devices (such as desktops,
smartphones, and tablets), which can result in your having multiple accounts or
profiles across these various contexts and devices. Cross-device/cross-context
technology may be used to connect these various accounts or profiles and the
corresponding data from the different contexts and devices.
THIRD PARTY SITES
The Xcalable Services may provide links to other websites or
resources over which Xcalable does not have control (“External Web
Sites”). Such links do not constitute an endorsement by Xcalable of
those External Web Sites. You acknowledge that Xcalable is
providing these links to you only as a convenience, and further agree
that Xcalable is not responsible for the content of such External
Web Sites. Your use of External Web Sites is subject to the terms of use and
privacy policies located on the External Web Sites.
SECURITY
To prevent unauthorized access or disclosure, to maintain data accuracy, and to
ensure the appropriate use of personal information, we employ procedural and
technological measures that are reasonably designed to help safeguard the
information we collect. Xcalable may use encryption, secure
socket layer, firewall, password protection and other physical security
measures to help prevent unauthorized access to such. Xcalable may
also place internal restrictions on who in the company may access data to help
prevent unauthorized access to such information.
Unfortunately, no data transmission over the Internet or data storage system
can be guaranteed to be 100% secure. Therefore, despite our efforts, we cannot
guarantee its absolute security. We do not warrant or represent that personal
information about you will be protected against, loss, misuse, or alteration by
third parties.
Where required under applicable law or by contract, we will notify the
appropriate parties or individuals of any loss, misuse or alteration of
personal information so that such parties or individuals can take the
appropriate actions for the due protection of their rights. If such personal
information is information of a Xcalable customer, we will notify
such customer and coordinate with them regarding any required notices to
particular individuals.
CHILDREN
We recognize the importance of protecting the privacy and safety of children.
The Xcalable Services are not intended for children under 13 years of
age – and for European residents, for children under 16 years of age (see our
European Privacy Policy). We do not knowingly collect personal information from
children under 13. Anyone under 13 should not use the Xcalable 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 16, please contact us as set forth below.
INTERNATIONAL DATA
TRANSFERS
The Xcalable Services may be provided using resources and servers
located in various countries around the world, including the United States and
other countries. Therefore, personal information about individuals or customers
may be transferred, processed and stored outside the country where the
Xcalable Services are used, including to countries outside the European Union
(“EU”), European Economic Area (“EEA”) or Switzerland, where the level of data
protection may not be deemed adequate by the European Commission.
CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide
personal information in obtaining products or services for personal, family or
household use may be entitled to request and obtain from us, once per calendar
year, information about customer information we have shared, if any, with other
businesses for such other businesses’ own direct marketing uses. If applicable,
this information would include the categories of resident information and the
names and addresses of those businesses with which we shared such resident
information for the immediately prior calendar year. To obtain this
information, please contact us as indicated below. Please include sufficient
personal identification information so that we can process the request, including
that you are a California resident.
QUESTIONS, COMPLAINTS AND
DISPUTES
If you have any questions about this Privacy Policy, or our collection, use,
sharing or storage of information about you, you can contact us by email at
infosec@ Xcalable .com, or write to the following address:
Attn: Senior Director, Information Security
Xcalable
CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
DISPUTE RESOLUTION. Except as otherwise expressly
provided above, or in our European Privacy Policy or otherwise required by
applicable law, you agree that the exclusive jurisdiction of any actions
arising out of, relating to, or in any way connected with, this Privacy Policy,
shall be in the state or federal courts, as applicable, located in the State of
New Hampshire, USA.
PRIVACY POLICY UPDATES
Xcalable may update this Privacy
Policy from time to time in our sole discretion to reflect changes to our
information and privacy practices. Xcalable will post any updated
Privacy Policy on this page or in the Services, or with any notice to
individual users if required by applicable law. Continued use of the
Xcalable Services after any such modifications constitutes acceptance
to any such modified Privacy Policy. encourages you to review this Privacy
Policy regularly for any changes. The date of last revision is shown at the
“Last Updated” legend at the top of this page.
EUROPEAN PRIVACY POLICY
The following European Privacy Policy applies to residents of the
European Union, the European Economic Area and Switzerland.
Personal Data and Processing. For the purposes of this
European Privacy Policy:
“Personal Data” means any information relating to an
identified or identifiable natural person who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an
identification number, location data, an online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic,
cultural or social identity of such natural person; and
“Processing” means any operation or set of operations
which is performed on Personal Data or on sets of Personal Data, whether or not
by automated means, such as collection, recording, organization, structuring,
storage, adaptation or alteration, retrieval, consultation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or
combination, restriction, erasure or destruction.
Purposes and Legal Bases for Processing Personal Data.
Xcalable processes data for the purposes as set forth in our Privacy
Policy, including to provide the Xcalable Services and as
explained in the Use of Information and Sharing of Information sections. To
fulfill these purposes, Xcalable may access data, including
Personal Data, to provide the Xcalable Services, to correct and
address technical, service or security problems, or in response to contractual
requirements. Please see our Xcalable Privacy Policy Information
We Collect and Data Retention sections for additional details on how we
collect, use, disclose and share data, make automated decisions, and retain
data, including Personal Data, about individual users or customers.
Our legal bases for the processing of Personal Data are: (i) consent or (ii)
any other applicable legal bases, such as our legitimate interest in engaging
in commerce, offering products and services of value to the customers of
the Xcalable Services, preventing fraud, ensuring information and
network security, direct marketing and advertising, and complying with industry
practices.
Additional Rights for European Residents. As a resident
of the EU or a country following substantially similar legislation regarding
the protection of Personal Data, individuals may have one or more of the
following additional rights:
Access. To request a copy of the Personal
Data we have collected about you by contacting us.
Rectification & Erasure. To request that
we rectify or delete any of the Personal Data about you that is incomplete,
incorrect, unnecessary or outdated.
Objection. To object, at any time, to
Personal Data about you being Processed for direct marketing purposes.
Restriction of Processing. To request
restriction of Processing of Personal Data about you for certain reasons, such
as, for example, if you consider Personal Data about you collected by us to be
inaccurate or you have objected to the Processing and the existence of
legitimate grounds for Processing is still under consideration.
Data Portability. To request and receive the
Personal Data we have collected about you in a commonly used and
machine-readable form.
Right to Withdraw Consent. If Personal Data
about you is processed solely based on your consent and not for any other
legitimate interest, to withdraw your consent at any time, without affecting
the lawfulness of our Processing based on such consent before it was withdrawn,
including processing related to existing contracts for our products and
services.
Right to Lodge a Complaint with a DPA. If you
believe our Processing of Personal Data about you is inconsistent with the
applicable data protection laws, to lodge a complaint with your local
supervisory data protection authority (“DPA”).
To exercise any of the above listed rights, please contact us as set forth
below and provide sufficient details so that we can respond appropriately. We
will process any requests in accordance with applicable law and within a
reasonable period of time. We may need to verify the identity of the individual
submitting a request before we can address such request. If the request relates
to data our customers collect and process through the Xcalable Services,
we will refer the request to that customer and will support them in responding
to the request. For customers, certain information may be reviewed,
corrected and updated by logging into the Xcalable Services
account and editing the profile information.
Compelled Disclosures. Xcalable may be required
to disclose Personal Data in response to lawful requests by public authorities,
including to meet national security or law enforcement requirements.
Data Protection Contact. Our Data Protection Contact for
the personal information collected in Xcalable Services.