Privacy - Xyla

Privacy Policy

Last modified: 3 October 2020

Introduction

Fulfill.Me LLC (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we (the “controller” of the data) may collect from you or that you may provide when you visit, access, or use the website www.xylafriends.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On or through this Website.
In email, text, and other electronic messages between you and the Company regarding the Website, or any component, features, or functionality of the Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on websites of our affiliates or subsidiaries, or third parties, if those applications or advertising include links to this policy.

It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Company or our affiliates or subsidiaries, or any third party;
Our affiliates or subsidiaries, including through any application or content (including advertising) that may link to or be accessible from or on the Website; or
Any third party (, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using this Website, you agree to this Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 18

Our Website is not intended for children under eighteen (18) years of age. No one under the age of eighteen (18) may provide any information to, on, or through the Website. We do not knowingly collect personal information from children under eighteen (18) years of age. If you are under eighteen (18), do not use or provide any information on this Website or through any of its features, register for an account on the Website, or create a use profile, use any of the interactive features of this Website, or provide any information about yourself to us, including without limitation your name, address, telephone number, email address, or any screen name or user name you may use or have used. If we learn we have collected or received personal information from a child under eighteen (18) years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under eighteen (18) years of age, please contact us at privacy@xylafriends.com

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified (i.e. identifiers), such as name, postal address, e-mail address, telephone number, birthdate, and any other identifier by which you may be contacted online or offline (“personal information”);
That is about you but individually does not identify you, such as demographic information or characteristics of protected classifications (e.g. age, gender, nationality), and personal information categories such as education levels achieved;
That is about your professional experience or employment-related information (e.g. job title, profession);
That is based on inferences drawn from other personal information that result in the creation of a ‘profile’ reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, or intelligence; and/or
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, internet protocol addresses, and information collected through cookies, web beacons, and other tracking technologies.
From our affiliates or subsidiaries, with whom you interact or engage on or through the Website.
From third parties, such as our business partners, or other users with whom you interact or engage on or through the Website.

Information You Provide to Us

The information we collect on or through our Website may include:

Information that you provide by filling in forms on or through our Website. This includes information provided at the time you register to use our Website and its features, create a user account or profile, post material, complete and submit surveys or evaluations, participate in research studies or focus groups, or request further services. We may also ask you for information when you report a problem with our Website.
Personal or sensitive information about you, including demographic and biological information, that you choose to share in, on, or through the Website. For example, you may, but are not required to, share information regarding your political views, religious beliefs, gender or sexual identity, or criminal record or history. However, we will not collect, store, transmit, analyze, distribute, or otherwise use (collectively, “process”) your personal information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying you, data concerning your health or sex life or sexual orientation, without your explicit consent, unless specifically permitted by applicable law. To the extent processing of such personal information is necessary to provide the services for which the Website is intended, by accepting these Terms of Use, you agree that such purpose for processing your personal information is legitimate and you explicitly consent to our processing of such personal information for the limited purpose. If and to the extent you provide consent to the processing of your personal information for research purposes by us or our affiliates or subsidiaries, we will randomize and anonymize such information.
Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
Your responses to surveys, assessments, or questionnaires that we might ask you to complete for research purposes, in which you explicitly agree to participate. If and to the extent you provide consent to the processing of your personal information for such research purposes by us or our affiliates or subsidiaries, we will randomize and anonymize such information.
Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website (such as testimonials), or transmitted to other users of the Website, our affiliates or subsidiaries, or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data (e.g. how often you visit, access, or use the Website), location data, logs, and other communication and usage data and the resources that you access and use on or through the Website.
Information about your computer or any other device from or through which you access the Website and internet connection, including, but not limited to, your internet protocol address, your internet service provider, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking. The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from our affiliates or subsidiaries, and/or third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. You may also from time to time clear your browser cookies by going to your settings in your web browser.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you.
To provide you with services on or through the Website.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website, including changes to our Terms of Use and this Privacy Policy, or, with your consent, any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
For internal auditing and data analysis purposes, regarding the Website and its features and functionality, and the services provided through our Website.
To fix or address, or troubleshoot issues in the Website, which affect your and other users’ experience, and provide you with customer service, and to respond to your queries regarding your experiences with the Website and the services provided through the Website.
To modify or enhance features in the Website, to elevate your experience with the Website and its features and services.
To monitor, detect, investigate and prevent prohibited or illegal conduct in connection with your or others’ use of the Website, and/or the content and the services provided in or through the Website.
To identify and mitigate security risks.
To notify you of any events or incidents which are required to be disclosed by applicable law, such as a data security breach.
With your prior consent if we propose to use your personal information in connection with a particular research objective or study by the Company or a research affiliate or subsidiary of Company, on an aggregated or anonymized basis.
In any other way we may describe when you provide the information.
For any other purpose with your consent, which consent may be withdrawn by you at any time by contacting us via email at privacy@xylafriends.com.

We may also use your information to contact you about our own, our affiliates’ or subsidiaries’, and, with your consent, third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

Subject to the limitations provided in Choices About How We Use and Disclose Your Information, below, we may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To our trusted contractors, service providers, and other third parties we use to support our business related to the Website (including providing you with services on or through the Website).
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Fulfill.Me LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Fulfill.Me LLC about our Website users is among the assets transferred.
With your consent, to third parties to market their products or services to you. For more information, see Choices About How We Use and Disclose Your Information.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
To other users to facilitate the provision of services on or through the Website, but only if you affirmatively opt in, and consent, to the sharing with such other users any of your personal information or any specific type of personal information.
For any other purpose disclosed by us when you provide the information.
With your consent, which consent may be withdrawn by you at any time by contacting us via email at privacy@xylafriends.com

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our Terms of Use and other agreements.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Fulfill.Me LLC, our affiliates and/or subsidiaries, and our respective customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
Promotional Offers from the Company. At any time, after you given your consent, if you do not wish to have your email address or other contact information used by the Company to promote our or our affiliates’ and subsidiaries’ products or services, you can opt-out by logging into the Website and adjusting your user preferences by unsubscribing from email communications or by sending us an email stating your request to privacy@xylafriends.com.
Targeted Advertising. At any time, after you have given your consent, if you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by email stating your request to privacy@xylafriends.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated email address: PrivacyNV@xylafriends.com.

To the extent permitted by law, we intend to maintain, store, and otherwise process personal information for the purposes described above in the United States. We will do so in accordance with such applicable laws, and implement appropriate or suitable safeguards to prevent against the unauthorized use or access to your personal information. Individuals residing or otherwise based in the European Union may contact us at privacyEU@xylafriends.com to obtain information regarding our practices for maintaining, storing, and otherwise processing your personal information.

Right to Know Disclosures

You have the right to know, and request from us information as to, (i) the personal information we collect from or about you, (ii) how and for what purposes we use or disclose such information from time to time, (iii) the recipients or categories of recipients to whom your personal information has been disclosed or shared, (iv) the period of time during which your personal information will be stored (or the criteria used to determine that period); and (v) the source of any personal information about you if we did not receive such information from you directly. You may make such a request by sending us an email at rtk@xylafriends.com.

Accessing and Correcting Your Information; Right of Erasure of Your Information

You can review and change, correct, or complete your personal information by logging into the Website and visiting your account profile page. We maintain and store your information while you maintain an active account or registration with us, except that we may delete such information in accordance with other provisions of this Privacy Policy.

You have the right to have your personal information erased and no longer used by us at any time that you should so determine, including when (i) your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise processed, (ii) you wish to withdraw consent that you previously granted with respect to personal information that we were processing, and/or (iii) you object to the processing of your personal information and there is no overriding legitimate grounds for such processing. You may initiate the deletion of your data by logging into the Website and disabling or closing your account.

You may also send us an email at privacy@xylafriends.com to request access to, correct or erase any (or all) personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Except where we are unable to in order to comply with applicable laws, we will delete your personal information, and your account, at any time that:

Your personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
You withdraw consent at any time, and there is no other legal ground for our processing of your personal information.
You object to our processing of your personal information at any time and there is no overriding legitimate grounds for retaining or processing your personal information.
You object to the processing of your personal information for direct marketing purposes.
Your personal information has to be erased to comply with any law or directive.

Notwithstanding anything to the contrary above, to the extent permitted by applicable laws, we may process your information to the extent necessary for statistical purposes, subject, in any event, to the provisions of this Privacy Policy with respect to any processing of your personal information, and unless you otherwise object.

You have the right to request that we suspend processing of your personal information if:

You contest the accuracy of your personal information, until we are able to verify your information.
The processing is unlawful, but you oppose the erasure of your personal information and specifically request that we suspend processing.
We no longer need your personal information for the purposes described in this Privacy Policy, but such information is required to exercise legal rights or in connection with legal claims or suits.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Right of Data Portability

At any time upon your request, you have the right to obtain from us a copy of all personal information you have provided to us, where (i) you had previously consented to our processing of your personal information, and (ii) the processing is carried out by automated means.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to ccpa@xylafriends.com or write to Fulfill.Me, P.O. Box 790, Roseland, NJ 07068, Attention: Privacy/Data Protection Officer.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Data Security

We have implemented measures intended to minimize the risk that your personal information from suffer from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in unsecure environments. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. 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.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the [primary] email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Fulfill.Me, PO Box 3200, Caldwell, NJ 07007, Attention: Privacy/Data Protection Officer

via email:

privacy@xylafriends.com

or via our toll-free number:

877-FOR-XYLA (877-367-9952)

For Residents of the European Union

Should you wish to report a complaint regarding our practices to the appropriate independent public authority established by the state of your residence, please contact the Privacy/Data Protection Officer for the appropriate contact information for the state of your residence.