Privacy

California Notice at Collection

The California Consumer Privacy Act of 2018 (“CCPA”) provides certain rights to residents of California. This section of the Privacy Policy applies if you are a natural person who is a resident of California (“California Consumer”) and we have collected information from (or sell information about) you. This Addendum supplements the information in the Privacy Policy. However, this Addendum is intended solely for, and is applicable only as to, California Consumers: if you are not a California Consumer (or a resident of California), this does not apply to you and you should not rely on it.

We describe in the following sections (as required by the CCPA) the information we collect and the purposes for which we may use California Consumers’ Personal Information:

  1. Categories of Personal Information We Collect, Use, and Share with Third Parties
  2. Our Business Purposes for Collecting and Sharing Personal Information
  3. California Privacy Rights and Choices

Depending on how you interact with us, we may collect about you the categories of information summarized in the table below. “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The table also summarized the categories of third-parties with whom we may share the specified categories of Personal Information. All of the Personal Information Categories in the table below are subject to your Right to Access.

Personal Information Category Do we currently collect/use this category of Personal Information? Sources we collect this category from: Have we “sold” this category of Personal Information in the past 12 months? Categories of third-parties whom this data was shared with for business purposes (referred to collectively as “Trusted Partners”)
Identifiers (e.g., online identifiers; IP address; mobile ad identifiers, other online or advertising platform identifiers) Yes Data analytics providers and data compilers: Third party mobile applications and websites; and
X-Mode owned and operated mobile applications and websites		 Yes Advertising networks (e.g., demand-side platforms, agency trading platforms); Agencies and advertisers; Data compilers and resellers; Data analytics and providers; Financial institutions; Government entities and information services; and App publishers
Identifiers related to our own corporate “business to business” purposes and/or our Site (i.e., not utilized in our Services to Trusted Partner Trusted Partners) (e.g., For our own marketing and Trusted Partner contact purposes: name, address, e-mail address, phone number) Yes Data analytics providers and data compilers: Third party mobile applications and websites; and X-Mode owned and operated mobile applications and websites No Operating systems and platforms
Internet or Other Electronic Network Activity Information (e.g., information on a consumer’s interaction with a website or application) Yes Data analytics providers and data compilers: and X-Mode owned and operated mobile applications and websites Yes Advertising networks (e.g., demand-side platforms, agency trading platforms); Agencies and advertisers; Data compilers and resellers; Data analytics and providers; Financial institutions; Government entities and information services; and App publishers

2. Our Business Purposes for Collecting and Sharing Personal Information
We collect and share the Personal Information for the following purposes (examples included), as we also have described in our Privacy Policy:

  • Online Targeting:
    1. Assisting advertisers, agencies and the platforms that they access (a) to deliver advertising and marketing to send, tailor, optimize and analyze advertising, in mobile apps and across other advertising channels and platforms and (b) to measure and analyze such advertising and marketing
    2. Assisting Clients by creating “identity” graphs, to help locate users across various channels, such as connecting identities based on common personal, device-based, or network-based identifiers (e.g., IP address, email address)
  • Marketing and Other Research:
    1. Providing information for research purposes related to financial and market research, traffic and city planning, smart cities, or educational purposes. We may also provide information to government agencies or health organizations interested in traffic patterns for purposes of disease prevention research, security, anti-crime and law enforcement, or civic and traffic planning.
  • Operating Our Services:
    1. Improving, testing, updating, and verifying our own data and data services
    2. Developing new products
    3. Operating, analyzing, improving, and securing our services
  • Other Internal Purposes:
    1. For internal research, internal operations, auditing, detecting security incidents, debugging, short-term and transient use, quality control, and legal compliance. We use the information collected from our own website, our owned and operated mobile apps, and third party mobile apps for the above, as well as for our own marketing purposes
    2. Sharing for Legal Purposes: In addition, we may share personal information with third parties in order to: (a) comply with an official legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of us, our platform, our Trusted Partners, our agents and affiliates, its users and/or the public. We likewise may provide information to other companies and organizations (including law enforcement) for fraud protection, and spam/malware prevention, and similar purposes.
    3. Sharing In Event of a Corporate Transaction:We may also share personal information in the event of a major corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets, or for purposes of due diligence connected with any such transaction.
    4. Sharing With Service Providers: We share any personal information we collect with our service providers, which may include (for instance) providers involved in tech or Trusted Partner support, operations, web or data hosting, billing, accounting, security, marketing, data management, validation, enhancement or hygiene, or otherwise assisting us to provide, develop, maintain and improve our services.
    5. Sharing of Aggregate Information: We may aggregate and/or de-identify any information collected so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.

3. California Rights and Choices
California residents have the right to request that we disclose what personal information we collect from you, to delete that information, and to opt-out of the sale of your personal information, subject to certain restrictions without being discriminated against for exercising any of these rights. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

    1. Right to Opt-out of the Sale of Your Personal Information:
      • California residents may opt out of the “sale” of their personal information. California law broadly defines what constitutes a “sale” – including in the definition making available a wide variety of information in exchange for “valuable consideration.”
      • You may “opt out” of our “sale” of your personal information (as those terms are defined by the CCPA) by:
        1. Using X-Mode’s “Do Not Sell My Personal Information” link web-form located here.
        2. You may also submit a request to opt-out by emailing privacy@xmodesocial.com with the subject line “CCPA Opt-out” or by calling us toll-free at +1 (866)-236-8370.
    2. Right to Request Deletion of Your Personal Information:
      • You may also request that we delete any personal information that we collected from you, such as if you have been a Trusted Partner of ours (Note that this is different from your right to “opt out” of us selling your personal information, which is described above). If you wish to exercise this right, you may email privacy@xmodesocial.com or calling toll-free at +1 (866)-236-8370.
      • Should you exercise your deletion right, please note that we may retain personal information for certain important purposes, such as:
        1. To protect our business, systems, and users from fraudulent activity.
        2. To address technical issues that impair existing functionality (such as de-bugging purposes).
        3. As necessary for us, or others, to exercise their free speech or other rights.
        4. To comply with law enforcement requests pursuant to lawful process.
        5. For scientific or historical research for our own internal purposes reasonably related to your relationship with us, or
        6. to comply with legal obligations.
        7. Additionally, we need certain types of information so that we can provide our Services to you. If you ask us to delete it, you may no longer be able to access or use our Services.
    3. Right to Request Access to Your Personal Information:
      • California residents also have the right to request that we disclose what categories or specific pieces of your personal information we collect, use, or sell, provided such a request can be verified to a legally sufficient degree.
      • You may request access to the categories personal information that we have collected from you by going emailing privacy@xmodesocial.com. While we may be able verify such requests for certain details we have collected, in line with guidance issues by the California Attorney General, we do not believe we are able to provide location data in response to such a request because we are not able to verify to a reasonably high degree that the personal information we have collected pertains to the person who has submitted the request, or whether either the person in possession of a device or the person requesting the information is the actual device owner. For instance, a number of people may be temporarily in possession of another person’s phone – e.g., a partner, friend or work colleague – whether consensually or not. We seek to avoid (and believe California law requires us to avoid) a situation where such a person might obtain potentially detailed and sensitive records pertaining to the phone’s owner. (A recent study concluded that one half of mobile phones were not password protected, making the possibility of “spoofing” a very real concern.). Moreover, because we do not collect information such as name, address or email address (which we avoid, to protect consumer privacy), we do not have other, more conventional ways to verify the identify of an actual device owner.
      • Thus, if you are uncomfortable with your device information being used in the ways described above, we recommend that you request an “opt out” your information as described above. As noted, comprehensive information about how to opt out can be found here, on the website of the Network Advertising Initiative, a leading self-regulatory organization of which we are a member.
    4. Exercising Your Rights & Submitting a Verifiable Consumer Request:
      • California residents may exercise their California privacy rights or learn more how to exercise any of these rights by:
        1. Sending an email to privacy@xmodesocial.com.
        2. Using X-Mode’s “Do Not Sell My Personal Information” link web-form located here.
        3. Contacting us through our toll free number: +1 (844)-405-1744.
      • However, we may withhold some personal information where the risk to you or our business is too great to disclose the information, or where we cannot verify your identity in relation to such personal information.
      • We encourage you to review and, as desired, employ the industry tools listed in our privacy policy and on the NAI (Network Advertising Initiative) page addressing how consumers may opt out of cross-app advertising. as we believe they may be more efficient, immediate and uniform – and easier to instantly access – than a more manual “opt out” process.
      • If we are unable to complete your requests fully for any of the reasons above, we will provide you additional information about the reasons that we could not comply with your request.
    5. Right to Non-Discrimination:
      • We do not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.
    6. Information About Persons Under 16 Years of Age:
      • We do not knowingly collect personal information from minors under 16 years of age in California unless we have received legal consent to do so. If we learn that personal information from such California residents has been collected, we will take reasonable steps to remove their information from our database (or to obtain legally required consent).
    7. Authorized Agents:
      • You may also designate an agent to make requests to exercise your rights under CCPA as described above. We will take steps both to verify the identity of the person seeking to exercise their rights as listed above, and to verify that your agent has been authorized to make a request on your behalf through providing us with a signed written authorization or a copy of a power of attorney.