Privacy Notice

XOEye Technologies, Inc. (“XOi”, “we” or “us”) values our relationship with you and takes yourprivacy seriously. The purpose of this Privacy Notice is to identify how we may process,collect, store, share and use (collectively, “use”) the data that we collect from you inconnection with your use of our Vision™ cloud-based software platform and related softwareand services (collectively, our “Application”). This Privacy Notice also identifies your rightswith respect to your personal information, all as described in more detail below.

 

We may update or modify this Privacy Notice at any time, by posting the amended versionincluding the effective date of the updated version. We will announce any material changesto this Privacy Notice by posting the amended version on our website and providing anotification upon login to our Application. By accessing and/or using our Application, youaccept and agree to the terms of this Privacy Notice and the use of your data and personalinformation as described in this Privacy Notice. If you do not agree to be bound by thisPrivacy Notice or any subsequent modifications, you should not access or use ourApplication or disclose any personal information through any of our Application.

 

This Privacy Notice was last updated October 3, 2018.

 

Your privacy and the security of your personal information are, and will always be, importantto us. We want to transparently explain how and why we gather, store, share, and use yourpersonal information, as well as outline the controls and choices you have around when andhow you choose to share personal information.

 

This Privacy Notice contains the following information, which you can access by scrolling down:

 

  1. How to contact us.
  2. The information we collect about you.
  3. How we may use your information.
  4. Who we may share your information with.
  5. Your rights and options regarding your personal information.
  6. How we safeguard your personal information.
  7. How long we store your personal information.
  8. Links.
  9. Children.
  10. Special notice to non-U.S. users regar​ding data transfers.
  11. Governing law and jurisdiction.

1. How to contact us.

 

How to contact us and update your communication preferences and/or information:

 

You can update your communication preferences and information in the following ways by contacting us at the email address below.

 

Additionally, if you have any questions or concerns about our use of your personal information, please do not hesitate to contact us through any of the methods listed below.

 

Mail:XOi Technologies

 

Attn: Privacy Notice

 

1305 Clinton Street, Suite 300

 

Nashville, Tennessee 37203

 

Phone:(800) 230-7047

 

Email:support@xoi.io

2. The information we collect about you.

 

Information we collect.

 

We obtain information about you and your uses of our Application when you register a user account with us, or sign up to receive communications from us. The information we collect can include personal information (as described below) or non-personal information, which is information that does not identify or relate to an individual.

 

Personal information is information relating to an identified or identifiable natural person.An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental,economic, cultural or social identity of that natural person. We collect information through any correspondence that you provide to us whether through email, mail, phone calls, or through our Application. Information that you provide might include, but is not limited to,the following: (a) first and last names; (b) demographic information; (c) mailing address; (d)email address; (e) phone number; (f) job title; (g) company/employer name; and (h) other information that personally identifies you.

 

We do not consider personal information to include information that can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.

 

When and how do we collect your information?

 

We collect information from you both when you provide it voluntarily and also automatically when you use our Application. Most of the personal information we receive relates to your use and participation in our Application as part of performing your job duties for your employer or employing organization, which has licensed the Application from us.

 

In some instances, we automatically collect certain types of information when you use our Application or correspond with us. Automated technologies may include the use of web server logs to collect IP addresses, “cookies” and web beacons.For more information about the information we collect, read on below.

 

What information do we collect from you?

Information Collected When You Sign Up To Schedule A Demo

Information Collected Through Use Of Our Application

3. How we may use your information.

 

We will only use your information for the purposes identified below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose described here.

 

In the table below, we have set out the reasons why we process your information, the associated legal basis we rely upon to legally permit us to process your information, and the categories of information (identified in “​The information we collect about you​” above)used for these purposes:

Legitimate Interests

 

Where we rely on legitimate interests as the reason for processing your information, we have to carry out a balancing exercise to make sure your rights as an individual are not impacted unnecessarily.

 

We consider that it is reasonable for us to process your personal information for the purposes of our legitimate interests when, on balance, (a) we process your personal information only so far as is necessary for such purpose, and your rights and freedoms do not out weigh such purposes, and (b) it can be reasonably expected for us to process your personal information in this way. In most cases, the information is being processed for your benefit as well as ours.

 

We have a legitimate business interest in processing your personal information where:

 

  • We need the information to respond to your inquiries;
  • We need the information to send you information; or
  • We would be unable to provide our Application without processing your information.

 

If we wish to process your existing information for a new purpose other than as stated above, we must inform you of that further processing and provide information surrounding your information’s use.

4. Who we may share your information with.

 

In connection with our Application, we may share your personal information with the following types of recipients and for the following reasons:

Most, if not all, of the third parties with whom we may share your personal information are located and store your information in the United States, although some may store your information outside of the United States.

5. Your rights and options regarding your personal information.

 

Your data belongs to you, not us. Therefore, you have choices about how we use your personal information to communicate with you, send you marketing information, and whether you want to stay signed into your account. You can opt out from receiving future marketing communications from us at any time by:

 

  • Using the unsubscribe function in the email you receive from us; or
  • Contacting us as set forth under “​How to contact us​” above.

 

In addition, as noted above in“​The information we collect about you​,”you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with our Application maybe impaired and some features may not work as they were intended.

 

You may select a “do not track” setting on your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Notice.

 

Depending on where you live, you may have the following rights with respect to your data under certain circumstances:​*

 

  • The​ right to request access to your personal information and the following information regarding our use of your personal information:
    • The purpose of such use
    • The categories of your personal information that we have used
    • Who we have disclosed your personal information to
  • The​ right to request us to correct any inaccurate personal information concerning you. You may also update or change your information under your account settings.
  • The ​right to request us to erase your personal information when we no longer need such data in connection with our Application.
  • The​ right to withdraw consent to our use of personal information, if we are relying on consent to use your personal information.
  • The ​right to request us to restrict our use of your personal information(e.g.,suspend our use of your personal information).
  • The​ right to object to our use of your personal information where we are not using it to perform Application you have requested from us.
  • The ​right to receive​ a copy of your personal information.
  • The ​right to lodge a complaint​ with the supervising authority of your country.

 

*​The rights listed above apply if you reside in the European Union or the European Economic Area, as prescribed under the General Data Protection Regulation(GDPR). If you want to exercise any of the rights listed above, please contact us through one of the methods listed in​ under “​How to contact us​” above​.

6. How we safeguard your personal information.

 

We have put in place appropriate security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. Third parties we engage in our business who may have access to your personal information will only process your personal information on our instructions and they are required to only use your data as necessary to perform their contract with us.

 

While we are committed to protecting your personal information, please note that information communicated over the Internet is never 100% secure. Any transmission of personal information is at your own risk.

7. How long we store your personal information.

 

We may store your personal information as long as you use our Application and for legitimate business purposes. We may store your personal information following completion of transactions with you to the extent required to comply with our legal, accounting, or reporting requirements. Additionally, we may continue to store your personal information contained in our standard back-ups. Upon your request, we will delete or de-identify your personal information unless we are legally required or allowed to maintain such personal information.

8. Links.

 

Our Application may provide links to third-party websites that we do not control. We cannot be held responsible for third parties’ privacy practices or content provided on these websites. If you click on one of these links, please understand that you are leaving our Application and any information you provide will not be covered by this Privacy Notice. Please read that website’s privacy policy before providing any information.

9. Children

 

Our Application is not directed to children under the age of eighteen (18) years. By using our Application, you represent that you are at least eighteen (18) years old. If you do not meet this age requirement, then you must not access or use our Application.

 

We do not knowingly collect information from children under the age of thirteen (13) years old. If you are under the age of thirteen(13) years old, please do not use our Application and do not provide any information to us. For more information about the Children’s Online Privacy Protection Act (“​COPPA​”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions​.

 

If you think we have collected information from a child under the age of thirteen (13) through our Application, please contact us through one of the methods listed under “​How to contact us​” above. If we learn that we have collected the information of a child under the age of thirteen (13) years old, we will take reasonable steps to delete such information.

10. Special notice to non-U.S. users regarding data transfers.

 

We store your personal information in the United States or other locations outside your home country. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country.

 

If you are located in a country outside the U.S. and submit personal information to us, you consent to the general use and disclosure of such information as provided in this Privacy Notice and to the transfer and/or storage of that information to the U.S. and other countries outside your home country.

11. Governing law and jurisdiction.

 

This Privacy Notice shall be construed and governed under the laws of the United States and State of Tennessee (without regard to rules governing conflict so flaws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Application, shall be in federal or state court of competent jurisdiction located in Davidson County, Nashville, Tennessee, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted here under to the extent that an action is brought in the courts identified above.