Privacy Policy

XOYALTY PRIVACY POLICY

The following document outlines the Privacy Policy of the Xoyalty App (the “App”). Before using any of Xoyalty’s services, you are required to read, understand, and agree to these terms.
This Privacy Policy covers Xoyalty’s treatment of personal information that Xoyalty gathers when you are on the Xoyalty App and when you use Xoyalty services. This policy does not apply to the practices of third parties that Xoyalty does not own or control, or to individuals that Xoyalty does not employ or manage.

• OUR PRIVACY POLICY

At Xoyalty Inc. (“Xoyalty” and also “our’, “us”, “we”), we are committed to protecting your privacy, and maintain a general policy of openness about how we collect, use and disclose your personal information. Xoyalty is an Ontario corporation. This Privacy Policy (the “Policy”) constitutes a legal, binding agreement between you (“you”, “your” or “user(s)”), a user of our App, and Xoyalty.

The purpose of this Privacy Policy is to inform you about Xoyalty’s practices relating to the collection, treatment, disclosure and safeguard of any personally identifiable information that may be provided through access to or use of our App, services and publications, or that may otherwise be collected by us.

This Policy applies only to people who wish to use our App. If you do not need or do not want to use our Services, please close this web tab and exit the App.  You hereby consent that Xoyalty may collect, use and disclose such personal information (as defined below) in accordance with the following terms and conditions, and as permitted or required by law.

This Privacy Policy also explains how you can Contact Us if you have a question about, want to make a change to, or want to delete any personal information that Xoyalty may be maintaining about you. We strongly recommend that you take the time to read this Privacy Policy and retain it for future reference.  For purposes of this Policy, the Site shall be the initial point of contact between you and Xoyalty, and will serve as initial point of collection of any personal data you may provide us.  Please read carefully this Policy and our applicable Terms of Use, incorporated by reference.

As used herein, the terms “use”, “collect”, “treat”, “process” and “disclose”, when related to personal information and other data, include, among other items, use of cookies inside a computer, and statistical and analytical complication thereof for the creation of aggregate databases and marketing strategies; also including but not limiting, the storage, use, combination, integration, disclose, process and transfer of such personal information within our affiliates or other third parties.

For the purpose of this Privacy Policy, and in accordance with applicable privacy laws, "personally identifiable information" is generally defined as personal information about an identifiable individual or person, not a legal entity, or information that allows an individual to be personally identified.

• INFORMATION COLLECTED BY XOYALTY:

We only collect personal information that is relevant to the purpose of our website, desktop application, or mobile application. This information allows us to provide you with a customized and efficient experience. We collect the following types of information from our Xoyalty users:

Information you provide to us:

• We receive and store any information you enter on our website, uploaded through our mobile application, uploaded through our desktop application, from other third-party services that you link to your account (including, but not limited to Facebook and Twitter) or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.
• Registration: In order for you to use Xoyalty services you will have to complete a registration form. As part of this registration form, we require select personal information:
• Location & Activity: The personal information Xoyalty may collect about you may include, but is not limited to: your contact information, including an online name & neighbourhood of residence, zip or postal code, the date and time of your visit, your IP address, content viewed, the names of companies, e-mail address and demographic information.
• Advertising: If you register as a Merchant on Xoyalty, your billing information may be stored. This sensitive information is encrypted according to industry standards and is only shared with third parties who will assist Xoyalty in completing the purchase transaction.
• Messaging: We may also retain any communications you send us and other users, including e-mail messages, forum posts, reviews and responses we send you.
• During registration, you will have the option of either allowing or denying Xoyalty full access to your mobile phone’s list of contacts. Once you grant Xoyalty access to your list of contacts, Xoyalty will notify you how many of your contacts are using the Xoyalty App. Xoyalty will also provide you notifications on the activity of your contacts, without disclosing their identity. You will have the option of changing your access preferences any time using our in-app feature.
• User profile: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information. As indicated below, in the section titled “Sharing Your Information”, you can control how your information is displayed and used.

• AUTOMATIC INFORMATION:

• We receive and store certain types of information whenever you interact with us. Xoyalty and its authorized agents automatically receive and record certain "traffic data" on their server logs from your browser including your IP address, Xoyalty cookie information, and the page you requested. Xoyalty uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website.
• Xoyalty may use metadata from User Content that you share with other users to generate suggestions to share similar photos that you or the user you shared your User Content with have uploaded to Xoyalty. You may choose to disable this option.
• Xoyalty may collect and, on any page, display the total counts that page has been viewed. This includes User Profile pages
• In connection with your use of mobile application products by Xoyalty, location data may be transmitted and collected by requests for images you upload. Such location data may be disclosed to other users viewing the uploaded images. You can disallow said location data transmission and collection by disabling location data services globally from the system settings of your mobile device. For example, location data may be used to indicate on a map the location where your photos were taken, which would be accessible only to you and those you choose to share this information with.

• USER MEDIA PRIVACY:

Any photograph or video uploaded to Xoyalty by the User (“User Media”) is subject to the Terms of Use. The User may control the privacy settings on each piece of Content that they upload. Despite the fact that by uploading content to Xoyalty, the User grants Xoyalty a worldwide, non-exclusive license to use the content, Xoyalty agrees not to distribute or otherwise make the same available except with your prior express consent.

By choosing to share your User Media with other Xoyalty Users you expressly consent to the User Media being distributed to those you have chosen to make it available to.

Should you post your User Media to a third-party service, the privacy of that User Media will be governed by the third-party service’s Terms of Use and Privacy Policy.

Xoyalty stores user-uploaded images on its App using a third-party cloud-based storage. By uploading any images to your Xoyalty account, you give Xoyalty permission to store your images using this third-party service.

• WAYS TO CONTROL DISPLAY AND USE OF YOUR INFORMATION:

As stated previously, you can always opt not to disclose certain information, but then you may be unable to use certain features on our website.  By visiting your User Profile, you can correct, amend, add or delete personal information on our website (please see the “Changing Your Information” section below).

• CHILDREN UNDER 18 YEARS OF AGE:

You must be 18 years or older to register to use the Xoyalty website. As a result, Xoyalty does not specifically collect information about children. If we learn that Xoyalty has collected information from someone under 18, we will delete that information as quickly as possible.

• E-MAIL COMMUNICATIONS:

Xoyalty is very concerned about your privacy and we will never provide your email address to a third party without your explicit permission, as detailed in the "Sharing Your Information" section below. Xoyalty may send out e-mails with Xoyalty-related news, products, offers, surveys or promotions. You may also receive notification e-mails from Xoyalty, which inform you of activities of other Xoyalty users in your network that have been performed on the App. If you do not want to receive e-mails from us, please visit the Email Preferences section of your User Profile and/or follow the instructions contained in the unwanted e-mail message. However, please note that in all cases you will continue to receive all system e-mails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us, unless you completely deactivate your Xoyalty account.

• KEEPING INFORMATION SECURE

• By registering to use the Xoyalty App, you agree to remain permanently signed in on your mobile device unless you deactivate your Xoyalty account. You are responsible for the security and privacy of your mobile device at all times.
• Xoyalty makes all commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorized access.
• This protection applies in relation to information stored in both electronic and hard-copy form. Access to your personal information is restricted to select employees or representatives. In addition, Xoyalty employs appropriate information security techniques to protect personal information against loss and unauthorized access.
• Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.

• COOKIES:

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Xoyalty cookies do not collect personal information.

The "Help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We recommend that you leave the cookies activated because cookies allow you to use some of Xoyalty's unique features. 

• SHARING YOUR INFORMATION:

Because Xoyalty enables people to discover and share information with one another, information about the people who use Xoyalty is an integral part of the Xoyalty experience. Rest assured that we neither rent nor sell your personal information to anyone and that we will share your personal information only as described below.

• Xoyalty Personnel: Xoyalty personnel and authorized consultants and/or contractors may have access to user information if necessary in the normal course of Xoyalty business.
• Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if Xoyalty, or substantially all of its assets, were acquired, user information would be one of the assets that are transferred.
• Protection of Xoyalty and Others: We may release personal information when we believe in good faith that release is necessary to comply with a law; to enforce or apply our Terms of Use and other policies; or to protect the rights, property, or safety of Xoyalty, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
• User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other Xoyalty users in your User Profile. The User Profile is the area on Xoyalty where we allow you to tell other Xoyalty users about yourself. You may control what personal information is displayed in your User Profile by visiting the Settings section of your User Profile.

• THIRD-PARTY LINKS:

This App may offer links to unaffiliated third-party websites for your convenience. We are not responsible for the practices employed by Web sites linked to or from our App nor the information or content contained therein. Please remember that when you use a third-party link or go from our web site to another web site, including those that have a link on our website, you will be subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

• CONDITIONS OF USE:

If you decide to use Xoyalty services, your use and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of Ontario law.

• KNOWLEDGE AND CONSENT

Use of the Xoyalty App is voluntary. We will seek express consent for the use or disclosure of your personal information at the time of collection or to communicate with you. In certain rare circumstances, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified).

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. If you refuse or withdraw your consent, we may not be able to provide you or continue to provide you with certain services or information that may be of value to you.

We will not, as a condition of the supply of a product or service, require you to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes for which the information is being provided.

• CHANGES TO OUR PRIVACY POLICY

Xoyalty reserves the right to modify this Privacy Policy at any time without notice, and at our sole and final discretion. The Policy posted at any time or from time to time via this Site shall be deemed to be the Policy then in effect, and therefore we strongly suggest that you review frequently for any updates.  Your simple access or use of our Services after such amendments or changes become effective is your acknowledging and acceptance of the new Policy. 

• CHANGES TO YOUR INFORMATION:

Upon your request to us, and after proper review, we may edit, deactivate and/or delete your personal data and other information from our active databases.  Please be advised that we may not be able to delete all of your personal data from some of our secure databases and, in such case, we will make the data permanently inaccessible to any third parties.

• EFFECTIVE DATE OF THIS PRIVACY POLICY:

This Privacy Policy is effective as of February 1, 2017.

• QUESTIONS

If you have questions about our sharing practices or your rights under Ontario, please contact us at privacy@xoyalty.com