X-Mode Social, Inc, Privacy Policy

Effective Date:  June 08, 2015

Last Revised: October 4, 2017

 

X-Mode Social, Inc, provides a website XMode.io & drunkmode.org, etc (“Website”) and operates and distributes certain software applications (“Application(s)”), designed for you to use at anytime, but specifically during outings or at events where you may want to track friends, retrace the locations you have been, and (temporarily) block communications to certain third parties (collectively, the “Services”).  This Privacy Policy governs the collection and use of all the information collected from all of our sources, whether the Website, Applications, Services, etc.

Your privacy is important to X-Mode Social, Inc, Inc. (“X-Mode Social, Inc, X-Mode,” “We,” “Us,” or “Our”). 

Please read the following carefully to understand Our views and practices regarding your Personal Data (defined below) and how We will collect, use and disclose the Personal Data that We collect through the Website, Applications and/or Services.  We draw your attention in particular to Sections 4 (International Data Transfer) and 9(a) (Email Communications).  By visiting Website and/or using the Application and/or Services, you are accepting and consenting to the practices described in this Privacy Policy.

1.              Questions; Contacting X-Mode Social, Inc; Reporting Violations.  If you have any questions, concerns or complaints about Our Privacy Policy or Our data collection or processing practices, or if you want to report any security violations to Us, please contact Us at  the following address or phone number:

X-Mode Social, Inc.

[Attn josh@xmodesocial.com

45682 Terminal Drive,

Dulles VA, 20164

2.              User Consent.  By submitting Personal Data (as defined below) through the Website or Application, or having such Personal Data collected through your use of the Services, you agree to the terms of this Privacy Policy, and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

3.              A Note About Children.  We do not intentionally gather Personal Data from visitors to the Website or users of the Services who are under the age of 13.  If a child under 13 submits Personal Data to X-Mode Social, Inc and We learn that the Personal Data is the information of a child under 13, We will attempt to delete the information as soon as possible.  If you believe that We might have any Personal Data from a child under 13, please contact Us at josh@xmodesocial.com

4.              International Data Transfer.  Information, including Personal Data, that We collect from you, will be transferred to, stored at and processed by Our affiliates and other third parties in a country outside the European Economic Area, including, but not limited to, the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.  By accessing the Website and/or using the Services, you agree to this transfer, storing or processing.  We will take all steps reasonably necessary to insure that your Personal Data is treated in accordance with this Privacy Policy. THE WEBSITE AND SERVICES ARE ONLY INTENDED TO BE USED WITHIN THE UNITED STATES AND ALL DATA MADE AVAILABLE ON OR THROUGH THE WEBSITE AND/OR SERVICES SHALL BE TRANSMITTED BACK TO THE UNITED STATES.

5.              Types of Data We Collect.  We get information about you in a range of ways, including “Personal Data,” which for the purposes of this Privacy Policy shall have the meaning given to it in Directive 2002/58/EC of the European Parliament and the Council of 12 July 2002 concerning the processing of Personal Data and the protection of privacy in the electronic communications sector (the “Directive”).  “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  Personal Data” includes the information that is automatically collected when you use certain Wi-Fi enabled features of the Services, location information, and affiliation with an organization, etc.  “Anonymous Data” means data that is not associated with or linked to your Personal Data, but is pulled from such data and compiled into an anonymous and aggregated form. We collect Personal Data as described below.

(a)             Information You Provide to Us.  

·         We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, picture, phone numbers, any relevant background information, credit card and billing information and password when you create an account to log in to Our network and/or when you order Services through our Website (“Account”).

·         If we offer a mobile application that you access on your mobile device, We may collect your phone number and the unique device id number.

·         When connecting to the Services via a service provider that uniquely identifies your mobile device, We may receive this identification and use it to offer extended functionality to the Services.

·         If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising.   If you want to deactivate this feature, you can either reinstall the Application(s) or deactivate GPS on your mobile device.

·         We also collect other types of Personal Data that you provide to Us voluntarily, such as your operating system and version, any registration numbers associated with the Services (as applicable), and other requested information if you contact Us via e-mail regarding support for the Services.

·         We may also collect Personal Data at other points on our Website that state that Personal Data is being collected.

·         Information Collected by and Shared with Third Parties for Interest-Based Advertising. We work with third parties to collect certain non-identifying information about your interests to provide targeted advertising and analytics services on our site or within our application, or across other sites and other applications. These entities may use technologies to collect information about your use of our mobile applications, including device attributes such as: operating system, hardware version, device settings, IP address, time zone, device carrier, applications installed on the device, your use of those applications, and device advertising identifiers. We may share and allow our third party partners to share this non-identifying information with other third parties that perform targeted advertising activities across other apps and websites. 

 

(b)            Information You Provide to Facebook and other Social Networking Sites (SNS).  If you are already logged into the Services and through an SNS, when you connect to the Services through such SNS, you will be prompted to merge your profiles.  If you are already logged into the Services but not logged into the SNS that we support, when you connect with an  SNS, you will be prompted to enter your SNS credentials or to “Sign Up” for the SNS.  By proceeding, you are allowing the Services to access your information and you are agreeing to the SNS’s Terms of Use in your use of the Services.  Conversely, if you are not currently registered as a user of the Services, and you click on “Sign in” using an SNS that we support, you will first be asked to enter your SNS credentials and then be given the option to register for the Services.  In this case, we may receive information from any SNS to make it easier for you to create an Account on the Site and show our relevant content from your SNS friends.  Once you register on the Site and connect with an SNS you will be able to automatically post recent activity back any SNS.  Any information that we collect from your applicable SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.

(c)             Information Collected via Technology.

·         Information Collected by Our Servers.  To make Our Website more useful to you, Our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. 

·         Log Files.  As is true of most websites and applications, We gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, provide you with access to the Website, track users’ movements around the Website, gather demographic information about Our user base as a whole, and better tailor the Website and Services to Our users’ needs.  For example, some of the information may be collected so that when you visit the Website again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.  Except as noted in this Privacy Policy, We do not link this automatically-collected data to Personal Data.

·         Cookies.  Like many online websites, We use cookies to collect information.  “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience. This type of information is collected to make the Website more useful to you and to tailor the experience with Us to meet your special interests and needs. 

·          Pixel Tags. In addition, We use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs).  Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, which are used to track online movements of Web users.  In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages.  Pixel Tags also allow Us to send e-mail messages in a format that users can read, and they tell Us whether e-mails have been opened to ensure that We are sending only messages that are of interest to Our users.  We may use this information to reduce or eliminate messages sent to a user.  We do not tie the information gathered by Pixel Tags to Our users’ Personal Data.

·         Collection of Data by Advertisers.  We may also use third parties to serve ads on or through the Website.  Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit Our Website (but not your name, address, e-mail address or telephone number).  They do this by using Cookies, Pixel Tags or other technologies.  Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of the Website and the other sites tracked by these third parties.  This policy does not apply to, and We are not responsible for, Cookies or Pixel Tags in third party ads, and We encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies.    If you would like more information about this practice and to know your choices about not having this information Used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org. 

·         How We Respond to Do Not Track Signals.  We do not currently respond to “do not track” signals or other mechanisms that might enable consumers to opt out of tracking.

·         Flash LSOs.  If We post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features.  Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored.  Cookie management tools provided by your browser will not remove Flash Cookies.  To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

·         Mobile Services.  In the event that We offer a mobile application, We may also collect non-personal information from your mobile device if you have downloaded Our mobile application.  This information is generally used to help Us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the mobile application and information about the type of device you use.   In addition, in the event Our mobile application crashes on your mobile device, We may receive information about your mobile device model software version and device carrier, which allows Us to identify and fix bugs and otherwise improve the performance of Our mobile application.  This information is sent to Us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.

·         Analytics Services.  We use third party analytics services, which may include but is not limited to Google Analytics (“Analytics Services”), to help analyze how users use the Website.  We use the information We get from Analytics Services only to improve Our Website. The information generated by the Cookies or other technologies about your use of Our Website (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer the Analytics Information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services ability to use and share Analytics Information is restricted by such Analytics Services terms of use and privacy policy.  By using Our Website and/or Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact Us at josh@xmodesocial.com .

6.              Use of Your Personal Data

(a)             General Use.  In general, the Personal Data you submit to Us is used to respond to requests that you make, to aid Us in serving you better, improving our Services, providing the Website to you.  We may use your Personal Data in the following ways: 

·       facilitate the creation of and secure your Account on Our network;

·       facilitate and process payments you make for Services that you purchase on the Website;

·       improve the quality of experience when you use our Website;

·       send you a Welcome e-mail to verify ownership of the e-mail address provided when your Account was created;

·       send you administrative e-mail notifications, such as security, or support and maintenance advisories;

·       send newsletters, surveys, offers, and other promotional materials related to the Website, Services and services made available by third parties and for other marketing purposes of X-Mode Social, Inc;

·       generate and analyze statistics about your use of the Website and Application, and use of the Website and Application in the aggregate, including but not limited to the use of such anonymized, aggregate data for benchmarking purposes;

·       combine or aggregate any of the information collected through the Website, Application or Services, or elsewhere for any purposes, including for benchmarking and analytics purposes.

 

(b)            Creation of Anonymous Data.  We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you.  We use this Anonymous Data to analyze request and usage patterns so that We may enhance the content made available on Our Website and improve navigation.  We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties in Our sole discretion.  Further, we may use this Anonymous Data for benchmarking and analytics purposes, or for any purpose that We see fit.

 

7.              Disclosure of Your Personal Data and Anonymous Data.  We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

(a)             Third Party Service Providers.  We may share your Personal Data with third party service providers to:  provide you with the Website, including to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to X-Mode Social, Inc. 

(b)            Affiliates.  We may share some or all of your Personal Data with Our affiliates, including subsidiaries, joint ventures, or other companies under a common control, in which case We will require such entities to honor this Privacy Policy. 

(c)             Corporate Restructuring.  We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of Our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires Our company, business, or assets, that company will possess the Personal Data a collected by Us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

(d)            Disclosure of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information that makes the data personally identifiable to you.  We use this Anonymous Data to analyze request and usage patterns to enhance the content provided on our Website and improve navigation of the Website.  We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties in our discretion.

(e)            Other Disclosures.  Regardless of any choices you make regarding your Personal Data a (as described below), X-Mode Social, Inc may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on X-Mode Social, Inc; (c) to protect or defend the rights or property of X-Mode Social, Inc, its customers and  its users of the Website; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Our Terms of Use.

8.              Third Party Websites.  Our Website may contain links to third party websites.  When you click on a link to any other website or location, you will leave Our Website and go to another website and another entity may collect Personal Data or Anonymous Data from you.  We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites.  We encourage you to read the privacy policies of every website you visit.  The links to third party websites or locations are for your convenience and do not signify Our endorsement of such third parties or their products, content or websites.

9.              Your Choices Regarding Your Information.  You have several choices regarding Use of information that you provide when accessing the Website and/or using the Services:

(a)             Email Communications.  We may periodically send you free newsletters and e-mails that directly promote the Use of Our Website and/or Services.  When you receive newsletters or promotional communications from Us, you may indicate a preference to stop receiving further communications from Us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting Us directly (please see contact information above). Despite your indicated e-mail preferences, We may send you service related communications, including notices of any updates to Our Terms of Use or Privacy Policy.

(b)            Cookies.  If you decide at any time that you no longer wish to accept cookies from the Website for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the Websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to Use all portions of the Website or all functionality of the Website. If you have any questions about how to disable or modify cookies, please let Us know at the contact information provided above.

(c)             Changing, Requesting or Deleting Your Personal Data.  All Users may review, update, correct or delete the Personal Information in their User account by contacting Us or by editing their profile via the Website.  If you completely delete all of your Personal Information, then your User account may become deactivated, and you may no longer be able to utilize the Website.  We will Use commercially reasonable efforts to honor your request.  We may retain an archived copy of your records as required by law or for legitimate business purposes. 

The Directive gives you the right to access information held about you.  If you wish to exercise this right in accordance with the Directive, please contact Us at josh@xmodesocial.com (“X-Mode Social, Inc Privacy Contact”).  You may send requests about Personal Data to Our X-Mode Social, Inc Privacy Contact.  You can request to change contact choices, opt-out of our sharing with others, and update your Personal Data.

(d)            NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL DATA TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES.  IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED.  CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING josh@xmodesocial.com   PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONLY ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.

(e)            Mobile Applications.  In the event that We offer a mobile application and You choose to download and use such mobile application, You can stop all collection of information by the mobile application(s) by uninstalling the mobile application(s).  You may Use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. 

10.           Security.  The security of your Personal Data is important to Us.  We follow generally accepted industry standards to protect the Personal Data submitted to Us, both during transmission and once We receive it.  No method of transmission over the Internet or method of storage is 100% secure, however.  Therefore, We cannot guarantee its absolute security.  If you have any questions about security on Our Website, you can contact Us at josh@xmodesocial.com

11.           Changes to This Privacy Policy.  This Privacy Policy is subject to occasional revision, and if We make any material changes in the way We Use your Personal Data, We will notify you by sending you an e-mail to the last e-mail address you provided to Us and/or by prominently posting notice of the changes on Our Website.  Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following Our dispatch of an e-mail notice to you or thirty (30) calendar days following Our posting of notice of the changes on Our Website.  These changes will be effective immediately for new Users of the Website and/or Services.  Please note that at all times you are responsible for updating your Personal Data to provide Us with your most current e-mail address.  In the event that the last e-mail address that you have provided Us is not valid, or for any reason is not capable of delivering to you the notice described above, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  If you do not wish to permit changes in Our Use of your Personal Data, you must notify Us prior to the effective date of the changes that you wish to deactivate your Account with Us.  Continued Use of the Website and our Services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.