Privacy Policy

1. Introduction
   Thank you for visiting XAPP AI.  Please read our Terms of Service and this Privacy Policy carefully, as you must agree to both documents in order to have permission to use our Service (see definition of Service below).  This Privacy Policy explains what information about you we collect from your use of and interactions with the Service, how we use and share that information, and your rights concerning our data practices.  Before using the Service or submitting any Personal Data (see Definitions below) to XAPP AI, please review this Privacy Policy carefully and contact us if you have any questions.  By using the Service, you agree to the practices described in this Privacy Policy.  If you do not agree to this Privacy Policy, you may not access the Site or otherwise use the Service.

2. Definitions
   Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them.  The following is a non-exhaustive list of definitions of words and phrases found in this document:

• “Affiliate” means an entity controlling, controlled by, or under common control with with an entity. “Control” means an ownership of more than fifty percent (50%) of the total interests in the entity in question. The term “Controlled” will be construed accordingly.

• “Applicable Data Protection Laws” means data protection and privacy laws and regulations applicable to XAPP AI’s provision of the Service to its customers generally, including, without limitation: (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“EU GDPR”), (b) in respect of the UK, the EU GDPR as saved into United Kingdom law by virtue of Section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (“UK GDPR”) and the Data Protection Act 2019 (together, “UK Data Protection Laws”), (c) the Swiss Federal Data Protection Act and its implementing regulations (“Swiss Data Protection Act”), and (d) the CCPA, in each case, as may be amended, superseded or replaced.

• “CCPA” means California Civil Code Sec. 1798.100 et seq. (also known as the California Consumer Privacy Act of 2018), as amended by the California Privacy Rights Act of 2020.

• “Customer” means any individual or entity who enters into an agreement with XAPP AI to purchase and/or use its Service;

• “Customer Personal Data” means the personal data made available by Customer for processing through Customer’s use of the Service.

• “Europe” means for the purposes of this Privacy Policy the European Economic Area (“EEA”), United Kingdom (“UK”), and Switzerland.

• “GDPR” means, unless a specific version is indicated, all of the EU GDPR, the UK Data Protection Laws, and the Swiss Data Protection Act.

• “Security Breach” means a breach of XAPP AI’s obligation(s) under this Privacy Policy leading to any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data transmitted, stored or otherwise processed by XAPP AI. A Security Breach shall not include an unsuccessful Security Breach, which is one that results in no unauthorized access to Customer Personal Data or to any XAPP AI equipment or facilities storing the Customer Personal Data, and could include (without limitation) pings and other broadcast attacks of firewalls or edge servers, port scans, unsuccessful log-on attempts, denial of service attacks, packet sniffing (or other unauthorized access to traffic data that does not result in access beyond headers) or similar incidents.

• “Service” refers to the services that XAPP AI provides through its Site, including the information and commentary that we publish and our Site itself;

• “Site” refers to the XAPP AI website, xapp.ai;

• “Subprocessor” means any third party engaged by XAPP AI (including any XAPP AI Affiliate but not including any XAPP AI employees, contractors or consultants) to process Customer Personal Data.

• “System” means any application, computing or storage device, or network.

• “Usage Data” is solely owned by XAPP AI and means data generated in connection with Customer’s access, use, and configuration of our Site and/or Service; and also includes data generated in connection with access and use of our Service by Customer’s customers and prospects;

• “User” refers to anyone who uses our Service, including general visitors to our Site;

• “XAPP AI” refers to our company, XAPP AI Holdings, Inc., XAPP AI, LLC (dba XAPP AI), and XAPP AI Affiliates; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used; and

• “You” refers to you, the person who is governed by this Privacy Policy.

The terms “Controller,” “Data Subject,” “Supervisory Authority”, “Processor,” “Process,” “Processing,” and “Personal Data” have the meanings given to them in Applicable Data Protection Laws. 

3. Information Collected

• Identifying Information

When you sign up for our Service, we collect certain personal information from you that can be used to identify you, such as your name, e-mail address, telephone number, company information, title, and any other information that we deem necessary for the purpose of providing you with the Service or which you may provide to us voluntarily.  The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.

• Non-Identifying Information
  Any time you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider.  Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

• Personal Data You Provide

We collect Personal Data when you submit information to us on various areas of our Site or through use of our Service, such as through the “Contact” page on our Site and during your registration for the Service. We may collect Personal Data that you provide to us when you register for an account, update or change information for your account, purchase products or services, sign-up for email updates, send us email messages, contact us by phone or through other applications, and/or when you interact with the Service. The Personal Data collected during these interactions may vary depending on the area of the Service and based on what you choose to share with us, but it will generally include information such as your name, email, address, phone number, and business information.

• Personal Data We Receive Automatically From Your Use of the Service 

When you visit the site, and/or use and interact with the Service, we may receive certain information about your visit, use, or interactions. In particular, the following information is created and automatically logged in our systems:

1. Log data: Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.

2. Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.

3. Usage information: We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

4. Cookies: We and our third party service providers may use cookies to operate our Site, gather Usage Data, on our Site and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). 

We use cookies to remember your preferences.  For this reason, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.

5. Online Tracking and Do Not Track Signals: We and our third party service providers may use cookies, tracking pixels or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site and use that information to send targeted advertisements. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.

4. Use of Your Information
   We may use your information to:

• provide the Service to you or other Users and their end users;

• enhance or improve User experience, our Site, or our Service;

• send e-mails about our Site or respond to inquiries;

• send e-mails and updates about XAPP AI;

• respond to your inquiries, comments, feedback or questions;

• identify you as an account holder;

• communicate with you about your account;

• bill you for your use of our Service;

• provide customer support;

• send administrative information to you, for example, information regarding the Service, and changes to our terms, conditions, and policies;

• analyze how you interact with our Service;

• maintain and improve the content and functionality of the Service;

• develop new products and services;

• prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture and networks; 

• comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our Affiliates, you or other third parties; and/or 

• perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.

Aggregated Information. We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of Users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Service, through cookies, and through other means described in this Privacy Policy.

Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.

5. Accessing, Editing, and Removing Your Information
   Users may in some cases be able to review and edit the personal information they have provided to us by logging into their account on the Site and editing their account.  Although most changes may occur immediately, information may still be stored in a web browser’s cache.  We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such.  In addition, we may, from time to time, retain residual information about you in our backup and/or database.

The length of time we retain your Personal Data depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise, or defend our legal rights. If the purposes for which we collect and use your Personal Data are complete, we may, at your written request, delete your Personal Data.  If no request is made, we may remove identifying Personal Data, such as name and email address, and retain and analyze aggregate data to inform our services and business.

Please contact us to request any changes or corrections to your Personal Data.

6. International Users

XAPP AI stores information about visitors to our website and Users on servers located in the United States. By using our Services, you consent to the storage of your information inside the United States. If you are using the Services from outside the United States including from the European Union, you should know that your Personal Data will be transferred to and stored in servers located in the United States. The data protection and other laws of the United States and/or other countries might not be as comprehensive as those in your country. By using the Services, you acknowledge the transfer, storing, and processing of your information in and to the United States.

Further, Personal Data may be processed outside of the UK, Switzerland, and the EEA by XAPP AI or our service providers, including to process transactions, facilitate payments, and to provide support services. We have entered into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using our Service, you consent to this transfer, storage, and processing by XAPP AI and its processors.

7. Third Party Websites
   XAPP AI may post links to third party websites on its Site.  These third party websites are not screened for privacy or security issues by XAPP AI, and you release us from any liability for the conduct of these third party websites.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does/do not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. XAPP AI bears no responsibility for the information collected or used by any advertiser or third party website.  Please review the privacy policy and terms of service for each site you visit through third party links.

Customer acknowledges that any third party services (other than Subprocessors) that may be linked to or used within the Service and that Customer may choose to use at its option (“Non-XAPP AI Services”) are governed solely by the terms and conditions and privacy policies of such Non-XAPP AI Services. XAPP AI does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Non-XAPP AI Services, including, without limitation, their content or the manner in which they handle User information (including Customer Personal Data) or any interaction between User and the provider of such Non-XAPP AI Services. XAPP AI is not liable for any damage or loss caused or alleged to be caused by or in connection with User’s enablement, access or use of any such Non-XAPP AI Services, or User’s reliance on the privacy practices, data security processes or other policies of such Non-XAPP AI Services. The providers of Non-XAPP AI Services shall not be deemed Subprocessors for any purpose under this Privacy Policy.

8. Third Party Access to Your Information
   Although this XAPP AI Privacy Policy covers your disclosure of information to XAPP AI, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.

Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information.  For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy.  For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems.  You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

Without limiting the generality of the foregoing, you authorize us to collect, share, store, and otherwise use your information in conjunction with HubSpot.

9. Release of Your Information for Legal Purposes
   At times it may become necessary or desirable to XAPP AI, for legal purposes, to release your information in response to a request from a government agency or a private litigant.  You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter.  If XAPP AI receives a subpoena, court order, warrant or other legal demand from law enforcement or public or judicial authorities seeking the disclosure of Customer Content, XAPP AI shall, to the extent permitted by applicable laws, promptly notify Customer in writing of such request and reasonably cooperate with Customer to limit, challenge or protect against such disclosure.  In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either.  We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities.  You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

10. Commercial and Non-Commercial Communications
    By providing information to the Site that forms the basis of communications with you, such as contact information, you waive all rights to file complaints concerning unsolicited e-mails from XAPP AI since, by providing such information, you agree to receive communication from us or anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying XAPP AI that you no longer wish to receive solicitations or information and we will endeavor to remove you from the database.

11. Security Measures
    XAPP AI utilizes commercially reasonable measures to enhance the security of our Site and Service, including using SSL certificates.  However, we make no representations as to the security or privacy of your information.  It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.

Notwithstanding the foregoing, XAPP AI shall: (a) not use or disclose Customer Personal Data for any purpose other than those purposes instructed or permitted by Customer; (b) only use and disclose Customer Personal Data in a manner and to the extent permitted in the Terms of Service and this Privacy Policy or as otherwise agreed between XAPP AI and Customer and observe all limitations as to such use or disclosure as User may notify to XAPP AI; (c) employ reasonable administrative, physical, and technical safeguards (including commercially reasonable safeguards against worms, Trojan horses, and other disabling or damaging codes) to afford protection of the Customer Personal Data in accordance with Applicable Data Protection Laws as would be appropriate based on the nature of the Customer Personal Data; (d) utilize commercially reasonable efforts to keep the Customer Personal Data reasonably secure and in an encrypted form, and use industry standard security practices and systems applicable to the use of Customer Personal Data to prevent, and take prompt and proper remedial action against unauthorized access, copying, modification, storage, reproduction, display, or distribution of Customer Personal Data; (e) cease to retain documents containing Customer Personal Data, or remove the means by which Customer Personal Data can be associated with particular individuals reasonably promptly after it is reasonable to assume that (i) the specified purposes are no longer being served by XAPP AI’s retention of Customer Personal Data, and (ii) retention is no longer necessary for legal or business purposes; and (iii) upon receiving a request from Customer to correct an error or omission in the Customer Personal Data about the individual that is in the possession or under the control of XAPP AI, correct the Customer Personal Data as soon as reasonably practicable.

12. Security Breach

In the event of a Security Breach, XAPP AI shall provide written notice to Customer without undue delay and in no event later than seventy-two (72) hours after becoming aware of the Security Breach and will provide updates to Customer, including the type of data affected and the identity of affected person(s) as soon as such information becomes known to XAPP AI. XAPP AI will reasonably cooperate with Customer as required to fulfill Customer’s obligations under Applicable Data Protection Laws. XAPP AI shall take measures and actions appropriate and reasonable to remedy or mitigate the effects of the Security Breach.

The decision whether to provide notification, public/regulatory communication or a press release (each, a “Notification”) concerning the Security Breach shall be solely at User’s discretion, but the content of any notification or otherwise that names XAPP AI or from which XAPP AI’s identity could reasonably be determined shall be, except as otherwise required by applicable laws, shall be subject to the prior approval of XAPP AI, which approval shall not be unreasonably withheld, conditioned or delayed, and provided that conditioning of the notification or otherwise on XAPP AI’s approval shall not prevent User from complying with Applicable Data Protection Laws.

13. Your California Online Privacy Rights
    XAPP AI permits residents of the State of California to use its Service. Therefore, it is the intent of XAPP AI to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes.  In summary, you must presume that we collect electronic information from all visitors. You may contact us at info@xapp.ai with any questions.

14. Amendments
    We may amend this XAPP AI from time to time.  When we amend this XAPP AI, we will update this page accordingly.  You must read this page each time you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.
    Last Modified:  August 8, 2023