Xerb Privacy Policy

Xerb Privacy Policy

Last Updated: October 15th, 2019

Xerb (“Xerb” or “we” or “us”) has a strong commitment to providing excellent service to all of our users (“users” or “you”), including respecting their concerns about privacy. We understand that users of our services may have questions about whether and how we collect and use information, and are committed to protecting your privacy. In support of this, we only use the personally identifiable information (“Personal Information”) that you provide in accordance with the terms outlined below.

This Privacy Policy (“Policy”) covers any Personal Information we obtain when you access the services on our websites, mobile and connected TV applications, or other interactive features, applications or downloads that are made available by us (collectively, the “Platform”). You can access the Platform in many ways, including from a computer or mobile phone, and this Policy will apply regardless of the means of access. This Policy also governs the use of Personal Information we obtain from you from any third party site or application where we post content or invite your feedback or participation (“Third Party Sites”). Xerb cannot control the privacy policies or practices of Third Party Sites or of companies Xerb does not own or control, and cannot control the actions of people Xerb does not employ or manage. You should always check the privacy policies of Third Party Sites and your privacy settings.

1. Information We Collect

Personal Information

You may be asked for, or we may automatically collect (described below), as appropriate, the following information, which may be considered personal information or personal data:

name (first and last);
gender;
date of birth;
contact information, including your mailing and billing addresses, email address and phone numbers;
credit and debit card number and other payment data;
government-issued identification information, such as social security or national identification number, driver’s license information, passport information or other government-issued documents;
IP address; and
precise geolocation information.

If you access our Platform on a mobile device, we may also collect:

the name you have associated with your device;
your country;
your IP address
your telephone number (if you provide it);
your specific geolocation (with your permission);
your mobile contacts (with your permission); and
information about our Sites and other third-party apps you have on your device.

You may, however, visit our Platform anonymously. Doing so may limit the functionality of some features on the Platform.

Usage Information

We may also use cookies and other technologies to automatically gather anonymous information about how you use the Platform (“Usage Information”), including:

• new or returning visitor;

• time of visit;

• duration of visit;

• pages viewed;

• where you found the Platform (search, direct, social media, etc.);

• country you’re visiting from;

• technology you’re using (browser, screen resolution, etc.); and

• gender and age range.

This Usage Information does not constitute Personal Information.

2. How We Collect Information

We may collect Personal Information from you in a variety of ways, including when you:

visit or use our Platform;

create an account;
apply for a job;
make a purchase;
subscribe to receive email updates;
respond to a survey;
take part in our competitions or promotions;
communicate or correspond with us in person, on the phone or through letters or email; and
fill out any other form on our Platform.

We also collect Personal Information from you in connection with other activities, services, features or resources we make available on our Platform and at our properties.

We also use cookies to collect information about you. A “cookie” is a small data file stored on your computer or on your mobile device that allows us to recognize your computer or mobile device when you visit the Platform by associating identification numbers with other user information you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Platform. For more information about cookies including how to set your internet browser to reject cookies please go to www.allaboutcookies.org.

Pixel Tags

We may use pixel tags (also called web beacons or clear gifs) on our Platform. They can help us analyze what our customers like to do on our Platform and the effectiveness of our features and advertising. They can also help us customize your browsing experience. We may use information collected through pixel tags or tracked links in combination with your Personal Information. We may also combine Personal Information you provide to us with other Personal Information (such as purchase history and demographic information). If we work with other companies to help us track, collect and analyze this information, they will be prohibited from using this information for any other purpose.

3. How We Use Collected Information

Xerb collects and uses your Personal Information for the following purposes:

to provide you with access to the Platform;
develop and display content and advertising tailored to your interests on our Platform and other sites;
to facilitate purchases and transactions;
to improve our Platform;
to improve customer service;
to share your information with third parties (as described below);
calculate payments to Channel Runners and Creators based on Content watched and viewed by you;
to administer a contest, promotion, survey or other Platform feature;
to comply with our legal obligations; and
to send you information you agreed to receive about topics we think will be of interest to you (with consent when necessary).

We may also use information in the aggregate to understand how our users as a group use the services and resources provided on our Platform.

4. How We Protect Your Information

We take every reasonable precaution to keep your Personal Information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. Nevertheless, when disclosing any Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without our consent, collected illegally and used by others without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk.

5. Sharing your Personal Information

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Sites.

We may also share your information with the following third parties:

Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our Platform. These service providers will be provided access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Business partners: When you subscribe to our services, we may share personal information with the businesses with which we partner to offer you those products, services, or promotions.
Other Situations: To the extent permitted by law, we will disclose your information to government authorities or third parties: (a) if required to do so by law, or in response to a subpoena or court order, search warrant or other valid legal process, (b) to comply with legal, regulatory or administrative requirements of any governmental authorities, including but not limited to government regulators, (c) in connection with any legal action, claim or dispute, including but not limited to the collection of debts, (d) if we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law, or (e) if a third party acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Xerb’s assets.

Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

Aggregated and non-personal information

We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our affiliated companies, Channel Runners, and Creators to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

6. User-Generated Content

We may provide functionality that allows you to submit ratings, reviews, comments, questions, and other user-generated content (collectively, “UGC”) through the Platform. Any UGC you submit may be used for advertising purposes and posted to publicly-facing websites, including other websites across the Internet, in addition to the Platform. Accordingly, please do not post anything that you do not want to share with the general public (for example, financial information, social security number, etc.). In addition, the UGC that you submit may be used for other advertising, analytic and statistical purposes.

7. Third Party Websites

You may find advertising or other content on our Platform that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Platform. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interacting with any other website, including websites which have a link to our Platform, is subject to that website’s own terms and policies.

8. Age Policy

The Platform is intended only for users over the age of 13. Please do not access the Platform if you are under the age of 13. By continuing, you hereby release Xerb, our subsidiaries and affiliates, and the creators of the Platform from any and all liability for your use or access to the Platform.

If we learn that, despite these measures, Personal Information of any person under the age of 13 has been collected on the Platform without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained an account on the Platform, please alert us at privacy@xerb.tv and request that we delete that child’s Personal Information from our systems.

9. Managing Your Information

You may decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality found on the Platform.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Email Opt Out

From time to time (and with your consent when required), you may receive periodic mailings, or e-mails from us with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from or on our behalf. If at any time you wish to stop receiving emails or mailings from us please send us an email to privacy@xerb.tv with the phrase “Privacy Opt-out: Xerb Social Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list.

Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth in most promotional e-mail messages from us. Your unsubscribe request or e-mail preferences change will be processed promptly, though this process may take several days. During that processing period, you may receive additional promotional emails from us.

Closing Your Account

If you have an account with us, you also may choose to close your account (and remove any of your content) at any time by contacting customer support at privacy@xerb.tv. After you close your account, you will not be able to sign in to our Platform or access any of your personal information. However, you can open a new account at any time. If you close your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our website or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.

10. Notice to EU Residents

Legal Basis for Processing Information

If you are located in the EU or Switzerland, we rely on several legal bases to process your Personal Information. These legal bases include where:

The processing is necessary to perform our contractual obligations, such as to provide you with our services;
You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims; and
The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing, and developing our services, marketing new features or products that may be of interest, and promoting safety and security as described above.

If you have any questions about, or would like further information concerning, the legal basis on which we collect and use your Personal Information, please contact us by emailing privacy@xerb.tv.

Data Retention

If you are a Xerb customer, we will retain your Personal Information for as long as we are providing the services to you. If you have consented to receive marketing materials from us, we will retain your Personal Information as long as we have your consent to send you marketing materials. We retain Personal Information after we cease providing services to you for the purpose of fraud monitoring, detection and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods that we support. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

Rights Under the General Data Protection Regulation

If you are located in the EU or Switzerland, you have the following rights in respect of your Personal Information that we hold:

Right of access. The right to obtain access to your Personal Information.
Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed.
Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
Right to portability. The right to portability allows you to move, copy, or transfer Personal Information easily from one organization to another.
Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please email us at privacy@xerb.tv. You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Obligations to Data Protection Authorities (DPAs)

We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Information, we will (a) cooperate with inquiries from the DPA responsible for the entity exporting the data, and (b) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.

Contacting Our Data Protection Officer

To contact our designated Data Protection Officer, please send an email to: privacy@xerb.tv.

11. California Privacy Rights

If you are a California resident, you have the right to request information from us regarding the manner in which Xerb shares certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the rights set forth in Section 10 above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:

The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
the names and addresses of the third parties that received the information; and
if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

This information may be provided in a standardized format that is not specific to you. The designated email address for these requests is: privacy@xerb.tv.

Also, please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.

12. Your Consent and Updates to this Policy

You acknowledge that this Policy is part of the Terms of Use for your use of the Platform, and you agree that using the Platform signifies your assent to this Policy. Xerb reserves the right to change this Policy at any time. If we decide to change our Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. As we may make changes from time to time without notifying you, we suggest that you periodically consult this Policy. Your continued use of the Platform, our services, or providing us with Personal Information after the effective date of any modification to the Policy will be deemed to be your agreement to the changed terms.

If you have any questions about your privacy or security on our Platform, please contact us using the following information:

Xerb

3900 Paseo del Sol #310A

Santa Fe, NM 87507

privacy@xerb.tv