Xyngular Data Privacy

Xyngular Corporation

Effective Date: October 1, 2020

Xyngular Corporation (“Xyngular”) respects your concerns about privacy. This Privacy Policy describes the types of personal information we obtain through Xyngular’s websites and mobile applications listed in Appendix A (collectively, the “Sites”), how we may use the information, with whom we may share it and the choices available regarding our use of your information. The Privacy Policy also describes the measures we take to safeguard the personal information we obtain and how individuals can contact us about our privacy practices. By using the Sites, you consent to the processing of your personal information in the manner and for the purposes described herein.

Information We Obtain

We obtain certain personal information through the Sites in connection with the products and services we provide. The types of personal information we obtain include:

  • Contact information, such as name, phone and fax number, and email and postal address;
  • Information used to create your account to access the Sites, such as birth date, spouse’s name, photo, preferred language, enroller ID, sponsor ID, online password, and, if you are a Distributor, government identification number, or tax ID number;
  • Payment information, such as name, billing address and payment card details, including card number, expiration date and security code, which is collected and stored by our third-party payment processor on our behalf;
  • Information you submit in connection with a career opportunity at Xyngular, such as contact details, information in your résumé (including work history, education, language skills, certifications/licenses and work eligibility status) and details about your current employment; and
  • Other personal information contained in content you submit to us, such as through the “Feedback” feature, public forums or customer support tools on the Sites.

Cookies and Other Similar Technologies

When you interact with the Sites, we obtain certain information by automated means, such as cookies, web server logs, web beacons and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s web browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. The information we obtain through these technologies may include your device IP address, other identifiers associated with your devices, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of Site visits. We have broken up our cookies into categories to help you understand what they do.

  • Essential: These cookies are required to use our Services. For example, they are necessary to access Xyngular resources and login to your account.
  • Performance: These cookies track how you interact with our Sites. For example, these cookies let us know which pages on our Sites load slowly or are not optimized for mobile use. We use this information to make improvements to our user experience.
  • Functionality: These cookies track information about you to make using our Sites easier. For example, we may retain information such as your browser and language preferences.
  • Marketing and Advertising: These cookies help us create targeted advertising experiences on our Sites.

Your web browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites.

How We Use The Information We Obtain

We may use the information we obtain about you to:

  • Provide our products and services to you;
  • Send promotional materials, newsletters and other communications about our products and services;
  • Establish and manage your account with xyngular;
  • Process and fulfill orders in connection with our products and services and keep you informed about the status of your order;
  • Identify and authenticate you so you may order our products and access and use the sites;
  • Communicate about, and administer participation in, special events, programs, promotions, offers surveys, focus groups and market research;
  • Provide distributor and customer support and respond to inquiries;
  • Increase and maintain the safety and security of our products and services and prevent misuse;
  • Perform data analytics (including market research, trend analysis, financial analysis, and anonymization and aggregation of personal information);
  • Manage career opportunities, including for recruitment purposes, employee onboarding and other human resources purposes;
  • Operate, evaluate, develop, manage and improve our business and the sites (including operating, administering, analyzing and improving our products, services and sites; developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing reconciliation and collection activities and other internal functions);
  • Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
  • Comply with and enforce applicable legal requirements, relevant industry standards and policies, including this privacy policy and other xyngular terms of use and related documents.

We also may use the information we collect about you in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law.

Legal Basis for Processing

We may rely on the following legal basis to process personal information:

  • Consent: We may handle your personal information based on your consent. You may withdraw you consent at any time by contacting dataprivacy@xyngular.com.
  • Contractual Obligations: We may handle your personal information to meet our contractual obligations with you, or to take steps at your request in anticipation of entering into such a contract.
  • Legal Obligations: We may handle your personal information in order to comply with applicable legal obligations.
  • Legitimate Business Interest: We may handle your personal information in order to provide you with products and services and accomplish our legitimate business purposes.

Third-Party Analytics Services

We use third-party web analytics services on the Sites, including Google Analytics, Facebook Pixel and fullstory. These service providers use automated technologies to collect data (such as IP addresses) to evaluate use of the Sites. To learn more about Google Analytics and how to opt out, please visit https://www.google.com/intl/en/analytics/learn/privacy.html. To learn more about Facebook Pixel and how to opt out, please visit https://www.facebook.com/help/164968693837950?helpref=faq_content. To learn more about fullstory and how to opt out, please visit https://www.help.fullstory.com.

Marketing Activities

We may collect information about your online activities to provide you with advertising about products and services tailored to your interests. You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users considering demographic data, users’ inferred interests and browsing context and track the effectiveness of our marketing efforts. The information our ad networks may collect includes data about users’ visits to websites and apps that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites or apps. This data collection takes place both on the Sites and on third-party websites and apps that participate in the ad networks. The Sites are not designed to respond to “do not track” signals received from browsers. To learn how to opt out of ad network interest-based advertising in the United States, please visit www.aboutads.info/choices, http://www.networkadvertising.org/choices/, and http://preferences-mgr.truste.com/.

Information Sharing

We do not sell or otherwise share personal information about you except as described in this Privacy Policy. We may share your personal information with (1) our affiliates and subsidiaries and (2) our service providers who perform services on our behalf, such as order fulfillment, customer support, payment processing and data analytics. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

If you are a Xyngular account holder, we also share your personal information with the account’s sales organization (including upline and downline distributors) for the purpose of administering sales, distribution of Xyngular products, and providing reports of activities to other Xyngular account holders. You may opt-out of marketing communications received from your upline by directly contacting your upline distributors.

We also may disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent.

We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

Retention of Your Personal Information

We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. Anonymized and aggregated data may be stored indefinitely.

Social Media Links and Third-Party Sites

The Sites may provide links to other online services for your convenience and information, and may include third-party features such as apps, tools, payment services, widgets and plug-ins (e.g., Facebook, Twitter, Instagram, YouTube and Pinterest buttons). These online services and third-party features operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, Xyngular is not responsible for these third parties’ information practices.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against unauthorized access, disclosure or use. Unfortunately, we cannot guarantee any data transmission over the Internet or any wireless network is 100% secure. Although we strive to protect your personal identification information, you acknowledge that there are security and privacy limitations inherent to the Internet which are beyond our control and the security, integrity and privacy of any and all information and data exchanged between you and us through the Sites cannot be guaranteed.

By using our Products or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Products. If we learn of a security breach involving your personal information, we may attempt to notify you electronically by sending an email to you. To withdraw your consent to receive electronic notice of a data breach, please email us at dataprivacy@xyngular.com.

International Transfer of Your Personal Information

We may transfer your personal information to other countries outside of the United States for the purposes describe in this Privacy Policy. We will take all the steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy. No transfer of personal information will take place to an organization or a country unless there are adequate controls in place.

Your Privacy Rights

If you are a resident of certain states or countries, you may have the right to:

  • Request information regarding the collection, processing, and sharing of your personal information;
  • Discover the personal information we have obtained about you, if any;
  • Correct your personal information;
  • Delete your personal information;
  • Object to or opt-out of the use of your personal information for certain purposes.

To view your country or state specific privacy notice please click here. To submit a privacy subject request, please complete contact us at dataprivacy@xyngular.com. Any request you submit to us is subject to an identification and verification process. We will make commercially reasonable efforts to identify personal information that we collect, process, store, disclose, and otherwise use and to respond to your applicable privacy rights requests. If we cannot comply with a request, we will explain the reasons in our response. We will not discriminate against individuals who exercise these rights.

Children's Personal Information

The Sites are designed for a general audience service and are not directed to children. Xyngular does not knowingly collect or solicit personally identifiable information from children under the age of 13. If we learn that we have collected personal information from a child under age 13, we will promptly delete that information. If you believe that a child under age 13 may have provided us with personal information, please contact us dataprivacy@xyngular.com.

Updates To This U.S. Online Privacy Notice

This Privacy Policy may be updated periodically. If we make any material changes to how we treat our customers’ personal information, we will notify you by email to the primary email address specified in your account, and through a notice on our website’s home page. You are responsible for ensuring we have an up-to-date active email address to contact you. We will indicate at the top of the notice when it was most recently updated. You are advised to review this Privacy Policy periodically for any changes. Your continued use of the Sites to browse or purchase Products available through this Site, or to communicate with us, after such modifications will constitute your acknowledgment of the modified Policy and your agreement to abide and be bound by the modified Policy(ies). Changes to this Privacy Policy are effective when they are posted on this page.

How To Contact Us

If you have any questions about this Privacy Policy, or if you would like us to update information we have about you or change your preferences, or if you would like to exercise other applicable data protection rights, please contact us at:

Xyngular
Attn: Legal Department
1250 E 200 S Suite 2C
Lehi, UT 84043

(888) 702-7423

dataprivacy@xyngular.com

Appendix A

This Privacy Policy applies to Xyngular’s online processing of personal information through the following websites and mobile apps:

www.xyngular.com
myxyngular.com/
Xyngular Share App