Updated: January 4, 2021
At XMG, we appreciate the trust you place in us when you choose to visit our website, www.xmodgear.com, and our related sites and social media pages (collectively the “Website”), and we are committed to protecting your privacy. This XMG Privacy Notice (the “Privacy Notice”) describes the types of personal information we collect, why and how we collect it, how we use it, and when we share it with third-parties. Our Privacy Notice also describes the choices you can make about how we collect and use your personal information.
In this Privacy Notice, “we” and “our” means X-MOD Gear, LLC d/b/a XMG (referred to herein as “XMG”), and “you” means any person who visits or interacts with our Website, calls us on the phone, or emails us. This Privacy Notice applies to information we collect through the Website and in email or other electronic communications sent through or in connection with the Website. This information may be collected: directly from you, when you provide it to us; automatically, when you use the Website; and/or from third-parties, like vendors, business partners, or social media entities. This Privacy Notice does NOT apply to information that: we collect offline or through any other means, including from any other website or social media or other platform operated by XMG or any third-party; or you provide to or is collected by any third-party, including through any application or content that may link to or be accessible from or on the Website. These third-parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
COLLECTING YOUR PERSONAL INFORMATION
We collect different types of personal information in a number of ways, including:
Contact information and identifiers, such as your name, billing and shipping address, telephone number, and email address in order to process your purchase, confirm your order, and ship your merchandise (“personal information”). We may also collect this information from you if you call us, email or, sign up to receive our marketing emails, or utilize the chat/help feature on our website;
Purchase information, such as the items that you purchase, your shipping address and contact information;
XMG account information, such as your name, billing and shipping address, telephone number, email address, date of birth, and payment card information. Account information may also include demographic information about you, such as your age or birthdate and gender. You are responsible for maintaining the confidentiality of your account login information;
Preference information, such as your marketing preferences and merchandise interests and information you provide to us such as responses to forms, surveys, or questions that we might pose or ask you to complete;
Geolocation information, such as the location of your device that you use to visit our Website, if your device settings allow us to collect location information; and
Chat and call recordings, including information about your chat or call and any information that you share during these interactions.
Social Media Information. We may also collect personal information about you if you choose to enable, log into, or sign on to XMG social media sites such as Facebook, Instagram, or Twitter (“Social Media Sites”). When you connect to our Social Media Sites, we may collect personal information that you provide. For example, when you log in with your Facebook credentials, we may collect personal information from your Facebook profile, if permitted – such as your email address, profile picture, and friend list. We use this information to personalize the services we provide to you. If you do not want us to provide us with this information, please change the privacy settings on your Social Media Site accounts.
Device and browsing information and other Internet activity information. We use automated means to collect information about your phone, tablet, computer, or device, and online browsing activity. This information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, length of time you visit our Website, page views, click-stream information, and referring URL and logs, and Internet service provider information. We use a variety of means to collect this information, including the following:
Cookies/Tracking Technologies on Social Media Sites: XMG may maintain XMG pages on various Social Media Sites. When you visit our Social Media Sites, the provider of the Social Media Sites and other third-parties may set cookies and other tracking technologies on your browser or device. We do not have control over the placement of cookies by other websites or social media websites. Please note that this Privacy Notice does not apply to, and we are not responsible for, the privacy practices or cookie use by any third-party sites.
Clear GIFS: We may also collect information through the use of clear gifs (also called pixel tags or web beacons) on our Website and in selected email messages we send to you. These are tiny graphic files, not visible to the human eye, that help us analyze our customers’ online behavior and measure the effectiveness of our Website and our advertising. We work with third-party service providers that help us track, collect, and analyze this information, which may include your device’s IP address, your browser type, your operating system, date and time information, such as when you receive, open, or click a link in an email message from us, and other technical information about your device. We may also track certain information about the identity of the website you visited immediately before coming to our site. We also work with third-party service providers that use tracking technologies to deliver promotions on our behalf across the Internet. These companies may collect information about your visits to our Website, and your interaction with our advertising and other communications.
Do Not Track Signals: Residents of certain states, including California and Delaware, may be subject to particular statutes requiring disclosure of how the Website responds to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about their online activities over time and across third-party websites or online services. Although it is not clear that the statute applies to our operation and your use of the Website, an example might be a browser option allowing you to ask websites not to track you across third-party websites so that they can serve targeted or behavioral advertising to you. When a user turns on the Do Not Track preference in their web browser, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals, so you should not use the Website if you desire a “do not track” signal. For information about Do Not Track, please visit: www.allaboutdnt.org.
HOW WE USE YOUR PERSONAL INFORMATION
We use the information we collect from you for various purposes, including to:
· Process orders;
· Send communications to you about our products, sales, and events;
· Serve advertising and offers to you based on your interests and online activities,
from us or third-parties;
· Improve our Website, customer shopping experience, and quality of service;
· Enable our service providers to perform certain activities on our behalf;
· Communicate with you about changes to our Website; and
· Comply with our legal obligations, policies, and procedures.
SHARING YOUR INFORMATION
We will not sell your personal information to any third-party for money. We may share your information under certain circumstances to trusted third-parties that help us bring you the products and services we offer. For example, we may disclose your personal information to third-parties that assist us as follows:
· To manage a database of customer information;
· To distribute emails;
· To process payments;
· To distribute other marketing materials or advertisements, including on our Website and the websites
· To provide data storage and/or analytics; and
· To prevent fraud.
We require our vendors and service providers to maintain the confidentiality of all information that we share with them and to use such information only in accordance with the obligations set forth in the agreements we have with them.
In addition, we may disclose your personal information to law enforcement agencies, government/regulatory bodies, and content protection organizations to: (i) protect our legal rights, privacy or safety, and that of our subsidiaries, affiliates, employees, agents, contractors, or other individuals; (ii) protect the safety and security of our Website visitors and customers; (iii) protect against fraud or other illegal activity or for risk management purposes; or (iv) comply with the law including with subpoenas, search warrants, court orders, and other legal process.
SALE OR TRANSFER OF ALL OR PART OF OUR BUSINESS OR ASSETS
Your personal information may be transferred in the event we sell or transfer all or a part of our business or assets. We will make commercially reasonable efforts to provide you with reasonable notice of such transfer, or as otherwise required by law.
To unsubscribe from our marketing emails, please contact us via the contact information below, or simply click the unsubscribe button found at the bottom of any of the emails that we send you. Please allow us at least ten (10) business days from when the request was received to complete your unsubscribe request.
We implement a variety of commercially reasonable security measures to maintain the safety of your personal information. We take appropriate physical, electronic and administrative steps to maintain the security of personal information we collect. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, while we use commercially reasonable means to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to us. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Our Website is not intended for children. XMG does not knowingly collect any personal information or data from children under the age of thirteen, and will delete any such information if we become aware that it has been provided to us. If you believe that your child under the age of 13 has submitted personal information to us in connection with our Website or Social Media Sites, please contact us via the Contact Us information below so that we may take steps to delete this information.
CHANGES TO THIS PRIVACY NOTICE
We may amend this Privacy Notice from time to time. If we change our Privacy Notice, we will post the updated Privacy Notice on this page with an updated date. Under certain circumstances, we may notify you of amendments through additional means, such as posting a notice on our Website homepage or contacting you via email.
The California Consumer Privacy Act provides California consumers with specific rights regarding their personal information, including the following:
the right to request access to the personal information we have collected about you;
the right to request deletion of your personal information;
the right to request disclosure of the categories of personal information we collect, the purposes for which we collect, sell or disclose that information, and the categories of third-parties with whom we share the information; and the right to opt-out of the sale of your personal information.
To exercise any of these rights, please submit a request to us via the Contact Us information below. We may need to request additional information from you in order to verify your identity. We will begin processing your request once we are able to verify your identity and we will respond to your request within 45 days of its receipt, or we will notify you if we require more time to respond. If we cannot verify your identity or authority to make the request, we will not respond to your request. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We will not discriminate against you for exercising any of the rights outlined above.
N.R.S. 603A provides Nevada residents with the right to request that we do not make any “sale” (as such term is defined in N.R.S. 603A) of your “covered information” as such terms are defined in N.R.S. 603A. We currently do not sell covered information, as “sale” is defined by such law, and we do not currently have plans to sell this information.
WEBSITE INTENDED FOR USE WITHIN THE UNITED STATES
This Privacy Notice is intended to cover collection of information on or via the Website from residents of and within the United States. If you are visiting the Website from outside the United States, please be aware that the data protection laws governing this Website might not be as restrictive as those in your country. By using the Website, you understand that your information may be transferred to our facilities and those third-parties with whom we share it as described in this Privacy Notice.
CHANGES TO THIS PRIVACY NOTICE
We encourage you to review our Privacy Notice not just the first time you visit our Website, but periodically afterward, because we may modify our Privacy Notice from time to time. The date of the last update of the Privacy Notice will always be posted above. If we make any substantive changes to our Privacy Notice in the future with regard to how we use your personal data, we will incorporate those changes here.
RETAINING YOUR PERSONAL DATA
We retain your personal data only for as long as necessary for the purposes it was retained, such as to provide services to you. In some instances, we may retain data for longer periods in order to comply with applicable laws and otherwise as necessary to allow us to conduct our business.
If you have any questions about this Privacy Notice or the collection, security, or use of your personal data in connection with our Website, please contact us via the means below:
c/o Corporation Service Company
2595 Interstate Drive, Suite 103
Harrisburg, PA 17110