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Xingular Privacy Policy

The Xingular UG (“Xingular“) is committed to protecting the privacy of individuals who visit Xingular’s Services (“Visitors”), individuals who register to use the Services (“Users”), individuals who register to buy our Products (“Customers”), individuals who register to contribute to Xingular’s Open Source projects (“Contributors”) and individuals who register to attend Xingular’s corporate events (“Attendees”); collectively referred to as “Users”. This Privacy Policy describes Xingular’s privacy practices in relation to the use of our Web sites and the related applications and services offered by Xingular (“Services”).

Services Covered

This Privacy Policy covers the information practices of Services that link to this Privacy Policy.

Xingular’s Services may contain links to other Web sites. The information practices or the content of such other Services are governed by the privacy policies of such other Services. Xingular encourages you to review the privacy policies of other Web sites to understand their information practices.

Information Collected

When expressing an interest in obtaining additional information about the Xingular’s Services or registering to use the Xingular’s Services, Xingular requires you to provide Xingular with contact information, such as name, company name, address, phone number, and email address (”Required Contact Information”). When purchasing the Xingular’s Services, Xingular may require you to provide Xingular with financial qualification and billing information, such as billing name and address, the number of employees within the organization that will be using the Xingular’s Services (”Billing Information”). Xingular may also ask you to provide additional information,
such as company annual revenues, number of employees, or industry (”Optional Information”). Required Contact Information, Billing Information, and Optional Information are referred to collectively as “Data About Users”.

As you navigate Xingular’s Web sites, Xingular may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (”Web Site Navigational Information”). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language),
your Internet Protocol (”IP”) address, and the actions you take when using the Xingular’s Services (such as the Web pages viewed and the links clicked).

Use of Information Collected

Xingular uses Data About Users to:

  • Provide information and services requested by you.
  • Provide customer support, including responding to your requests and
    questions and troubleshooting and resolving problems or complaints.
  • Verify the information you provide to us.
  • Communicate with you.
  • Understand and anticipate your use of or interest in, our services,
    and content, and the products, services, and content offered by
    others.
  • To provide personalized information about Xingular and/ or
    Xingular’s Services.
  • Protect the security and integrity of Xingular’s Services.
  • Carry out our obligations and enforce our rights arising from any
    contracts entered into between you and us.
  • Fulfill any other purposes for which you provide your information
    and for any other purpose as described to you at the time your
    information is collected or for which your consent is given.


Web Site Navigational Information

Xingular uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information from the computers or mobile devices of Users as they navigate the Xingular’s Web sites (”Web Site Navigational Information”) or use the Xingular’s Services. This section describes the types of Web Site Navigational Information used on Xingular’s Services and in connection with the Xingular’s Services, and how this information may be used.

Cookies

Xingular uses cookies to make interactions with Xingular Web site easy and meaningful. When you visit Xingular’s Services, Xingular servers send a cookie to your computer.
Standing alone, cookies do not personally identify you; they merely recognize your Web browser. Unless you choose to identify yourself to Xingular, such as by responding to a promotional offer, becoming a Customer, or filling out a Web form (such as a ”Contact Me” form), you remain anonymous to Xingular.

Xingular uses cookies that are session-based and persistent-based. Session cookies exist only during one session, i.e., only while you are reading or navigating Xingular Web Site. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. Please note that if you disable your Web browser’s ability to accept cookies, you will be able to navigate Xingular’s Web sites,
but the functionality and features of Xingular’s Web sites and Xingular’s Services may be affected, and you may not be able to successfully use Xingular’s Web sites and Xingular’s Services.

Cookies that are used as part of the Xingular’s Services (in the proxy) may include cookies of a third party Web site that is being co-browsed, for example, in order to deliver the Web site as intended by the third party Web site operator. The cookie practices of such Services are governed by their own respective privacy policies.
Xingular encourages you to review the privacy policies of other Services to understand their information practices.

For more information about cookies and how you opt-out from their usage see our Cookie Information page.

Web Beacons

Xingular may use Web beacons alone or in conjunction with cookies to compile information about Users and Web Site Visitors‘ usage of the Xingular’s Services and interaction with emails from Xingular. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site tied to the Web beacon, and a description of a Web site tied to the Web beacon. For example, Xingular may place Web beacons in marketing emails that notify Xingular when you click on a link in the email that directs you to one of Xingular’s Services. Xingular uses Web beacons to operate and improve Xingular Web
site and email communications.

Xingular may use information from Web beacons in combination with Data About Users to provide you with information about Xingular and the Xingular’s Services.

 

Due to Internet communications standards, when you visit or use the Xingular’s Web sites, Xingular automatically receives the URL of the Web site from which you came and the Web site to which you go when you leave Xingular’s Web sites. Xingular also receives your computer’s Internet Protocol (”IP”) address (or the proxy server you use to access the World Wide Web), your computer operating system, the type of Web browser you are using, and your Internet Service Provider (”ISP”). This information is used to analyze overall trends to help us improve the Xingular’s Services and to track and aggregate non-personal information. For example, Xingular uses IP addresses to monitor the
regions from which Users navigate Xingular’s Web sites.

Xingular may collect aggregated data regarding use of Xingular’s Web sites and Xingular’s Services, including, without limitation, number of visitors to Xingular’s Web sites, frequency and patterns of use, tag usage, feedback request trends, etc. (”Aggregated Data”). Xingular uses Aggregated Data as a statistical measure and not in
a manner that would identify you personally. Aggregated Data enables Xingular to determine how often certain parts of Xingular’s Services or the Xingular’s Services are used so that we can improve them. Xingular may make use of, or make such Aggregated Data available to, third parties, in any manner in our sole discretion.

Do Not Track

Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user’s browser DNT preference setting. Xingular does not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators,
including no consistent standard of interpreting user intent. Xingular takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

Public Forums and Customer Testimonials

Xingular may provide bulletin boards, blogs, or chat rooms on the Xingular’s Web sites. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Xingular is not responsible for the personal information you choose
to submit in these forums.

Users may elect to use Xingular referral program to inform friends about Xingular’s Web sites and the Xingular’s Services. When using the referral program, Xingular requests the friend’s name and email address. Xingular will automatically send the friend a one-time email inviting him or her to visit Xingular Web site, or will share with them via email the information you have requested to be shared. Xingular does not store this information.

Xingular may post a list of Users and testimonials on the Xingular’s Web sites that contain information such as names and titles of individual Users. Xingular obtains the consent of each User prior to posting any information on such a list or posting testimonials.

Sharing of Information Collected

Service Providers

Xingular may share Data About Users with Xingular service providers so that these service providers can provide services on the Company’s behalf. Xingular may also share Data About Users with Xingular service providers to ensure the quality of information provided. Unless described in this Privacy Policy, Xingular does not share, sell, rent, or trade Data About Users with third parties for their promotional purposes.

Xingular Affiliates

Xingular may share Data About Users with other companies in order to work with them, including affiliates of the Xingular corporate group. For example, Xingular may need to share Data About Users for customer relationship management purposes.

Business Partners

From time to time, Xingular may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from Xingular Xingular may share Data About Users collected in connection with your purchase or expression of interest with our joint promotion
partner(s). Xingular does not control its business partners’ use of the Data About Users, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.

Payment

Xingular may use a third-party service provider to manage payment processing. This service provider is not permitted to store, retain, or use Payment Information except for the sole purpose of payment processing on Xingular’s behalf.

Compelled Disclosure

Xingular reserves the right to use or disclose information provided if required by law or if Xingular reasonably believes that use or disclosure is necessary to protect Xingular rights and/or to comply with a judicial proceeding, court order, or legal process.

International Transfer of Information Collected

To facilitate Xingular global operations, Xingular may transfer and access Data About Users from around the world, including Germany. This Xingular Privacy Policy shall
apply even if Xingular transfers Data About Users to other countries.

Communications Preferences

Xingular offers Users who provide contact information a means to choose how Xingular uses the information provided. Users may manage their receipt of marketing and
non-transactional communications by visiting the ”My Account” section of Xingular’s Services, or you may click on the ”unsubscribe” link located on the bottom of Xingular’s marketing emails. Additionally, you may send a request specifying your communications preferences to info@xingular.io.
Users cannot opt out of receiving transactional emails related to their business relationship with Xingular.


Updating and Deleting your Account

Users may update their registration information, personal informaton and delete their account using the respective self-services in the ”My Account” section of Xingular’s Web sites or by contacting us.

User Data

Users may electronically transmit data or information to Xingular during their use of the Xingular’s Services (”User Data”). Xingular will not review, share, distribute, or reference any such User Data except as provided in the applicable Terms of Service, as required to provide the Xingular’s Services ordered by Users or as may be required by law.

Security

Xingular takes precautions, including appropriate administrative, technical and physical measures, to protect Data About Users against loss, theft and misuse, as well as unauthorized access, disclosure, alteration and destruction. Users are solely responsible for protecting their credentials, limiting access to their computers, and signing out of the Xingular’s Services after their use.


Visiting these Web sites from Outside the EU

If you are visiting these Web sites from outside the European Union (”EU”), please be aware that your information may be transferred to, stored, and processed in the EU where our servers are located and our central database is operated. The information protection laws of the EU might not be as comprehensive or protective as those in your country. By using these Web sites and Xingular’s services, you understand that your information may be transferred to our facilities.


Changes to this Privacy Policy

Xingular reserves the right to change this Xingular Privacy Policy. Xingular will provide notification of material changes to these Privacy Policy through Xingular’s Services at least thirty (30) days prior to the change taking effect. All amendments will take effect immediately upon our posting of the updated Privacy Policy on this Web site. Your continued use of the Services will indicate your acceptance of the changes to the Privacy Policy.

Contacting Us

Questions regarding this Xingular Privacy Policy or the information practices of Xingular should be directed to us by e-mail to info@xingular.io.

Cookies
A cookie in the context of this declaration refers to a piece of information that is stored in the persistent memory of your device, allowing the website to retrieve it on subsequent visits. This website uses cookies so that we can improve your browsing experience. Most Internet browsers allow the use of cookies to be enabled or disabled. To find out more about cookies and how to disable them, please refer to www.allaboutcookies.org . For specific instructions about how to enable or disable cookies on your computer, please also refer to the documentation for your browser software.

If you do not wish to allow cookies, please disable cookies before continuing to use this website. If you choose to disable cookies, some areas of the website may be functionally limited.

Terms of use

Welcome to the Web sites of the Xingular Group of companies (“Xingular Sites”). Xingular and/or its affiliates (“Xingular”) provide the Xingular Sites
to you subject to the following terms of use (“Site Terms”). By visiting the Xingular Sites, you accept these Site Terms. Please read them carefully.

Electronic Communications

When you visit the Xingular Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Xingular Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

Xingular. All Rights Reserved. The texts, images, graphics, sound files, animation files, video files and their arrangement on Xingular Websites are all subject to Copyright and other intellectual property protection. As far as they are not tagged with other licenses, these objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites without express written consent of Xingular. Some Xingular Websites also contain material that is subject to the
copyright rights of their providers.

License and Site Access

Xingular grants you a limited license to access and make personal use of the Xingular Sites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Xingular. This license does not include any resale or commercial use of the Xingular Sites or its contents; any derivative use of the Xingular Sites or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Xingular in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Xingular Sites is subject to these Site Terms.

The Xingular Sites or any portion of the Xingular Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Xingular. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Xingular without express written consent. You may not use any meta tags or any other “hidden text” utilizing Xingular’s name or trademarks without the express written consent of Xingular. Any unauthorized use terminates the permission or license granted by Xingular. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Xingular Sites, so long as the link does not portray Xingular, or its products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any Xingular logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use the Xingular Sites, you are responsible for maintaining the confidentiality of your Xingular account and credentials and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or credentials. Xingular reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Reviews, Comments, Communications, And Other Content

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Xingular reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Xingular a onexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Xingular and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You and third parties may be permitted to upload certain data, text, audio, video, images or other content (“Third Party Content”) to community areas of the Xingular Sites.
You acknowledge that (a) Xingular has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and© Third Party Content may be subject to separate license terms as determined by the person posting such content.

You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Xingular for all claims resulting from content you supply. Xingular has the right but not the obligation to monitor and edit or remove any activity or content. Xingular takes no responsibility
and assumes no liability for any content posted by you or any third party.

Disclaimer of Warranties and Limitation of Liability

The xingular sites and all information, content, materials, products (including any software) and services included on or otherwise made available to you through this site are provided by xingular on an “as is” and “as available” basis, unless otherwise specified in the agreement. Xingular makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including any software) or services included on or otherwise made available to you through the xingular sites unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, xingular disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Xingular does not warrant that this site; information, content, materials, products (including any software) or services included on or otherwise made available to you through the xingular sites; its servers; or e-mail sent from xingular are free of viruses or other harmful components. Xingular will not be liable for any damages of any kind arising from the use of the xingular sites or from any information, content, materials, products (including software) or services included on or otherwise made available to you through the xingular sites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in the agreement. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable Law

By visiting the Xingular Sites, you agree that the laws of the EU and the Federal Republic of Germany without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Xingular.

Disputes

Any dispute relating in any way to your visit to the Xingular Sites or to services provided by Xingular or through the Xingular Sites shall be adjudicated in Stuttgart, Germany.

Online Dispute Resolution (ODR)

The European Commission offers a platform for the resolution of online disputes. This platform is dedicated to facilitating the out-of-court settlement of disputes concerning contractual obligations in online sales and service agreements. The platform can be found at http://ec.europa.eu/consumers/odr/.

Site Policies, Modification, and Severability

Please review our other policies on the Xingular Sites. These policies also govern your visit to the Xingular Sites. We reserve the right to make changes to the Xingular Sites, policies, and these Site Terms at any time. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Contact Address Responsible for these Terms

Xingular UG
Ossietzkystrasse 4
70174 Stuttgart
Germany
www.xingular.io


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