Privacy Policy

XOMAD LLC (“XOMAD”, “we”, “us” or “our”) respects your privacy and is committed to protecting your private information.

This Statement of Privacy applies to XOMAD LLC, xomad.com, its subdomain thereof such as theplug.xomad.com, and any web and mobile applications to which we post this privacy policy (collectively, the “Service”), and governs all data collection and usage.

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service. Please note that we may provide additional or supplemental privacy notices to individuals at the time we collect their data.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service.

By using our Service, you understand and agree that we are providing a platform for you to find and communicate (send messages) to and with other XOMAD users, including but not limited to influencers, brands and agencies (collectively, “Users”). This means that other Users may search for and see any content that is publicly available as part of your profile on XOMAD (“Profile Content”), reach out to you and send you private messages, consistent with the terms and conditions of this Privacy Policy and our Terms of Use. Our Policy applies to all visitors, users, and others who access the Service.

We provide services that businesses (“Clients”) use to find, connect and collaborate with individuals, businesses and agencies for product innovation, market insights, marketing and branding. This Privacy Policy does not apply to any information collected, used or shared by Clients or that we handle on Clients’ behalf. Clients have their own policies for how they handle personal information, and our contracts with our customers restrict how we use information that we handle on their behalf. You should contact the relevant Clients if you have questions, concerns or requests regarding personal information that the client handles or that we handle on their behalfs.

Information Collection, Use & Disclosure

While using our Service, XOMAD may ask you to provide certain personally identifiable information to operate/improve its Service and deliver services you have requested. XOMAD may also use your provided data to inform you of other products or services available from XOMAD and its affiliates. XOMAD may also contact you via surveys to conduct research about your opinion of current services or of potential new services.

What Data We Collect

We collect and process personally identifiable information (“Personal Information” or “Personal Data”) from the data you provide us, the log data we collect from your visits, the data you publicly published or shared to the public such as blogs and/or your public social media channels and from other data sources

1. Information you provide us

This is information about you that you provide to us when you browse or use our Service, and when you correspond with us by telephone, e-mail or otherwise, including when you report a problem with our website.

Information you may directly provide us may include, but is not limited to:

  • Your email address and password when you register for a XOMAD account.
  • Profile Content that you provide for your user profile such as full name, date of birth, phone number, mailing address, company/brand name you are representing, industry, influencer verticals or areas of interest, profile picture, bio, locations and other demographic details. This information allows us to help. you or others be “found” on XOMAD and to coordinate with you during brand campaigns such as product shipping.
  • Social Media and Profile Content such as selected photos from your camera roll or imported from your Instagram, Twitter and other social media accounts you’ve authorized our Service to collect that you display as part of your XOMAD profile or information otherwise accessed on your social media accounts by the Service.
  • User generated content that you provide or create when you interact with the Service, such as text from the messaging functionality on our site, text, images and video from your profile, including images to decorate your profile page, biographical data, references to business associates or external blogs or publications, and text from the use of the live chat functionality on our site.
  • Communications between you and XOMAD. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of transaction-related emails such as password reset, payment receipts, etc.
  • Information that you choose to provide us to obtain additional Services or specific online Services – If you request or participate in an optional Site feature, or request enhanced Services or other elective functionality, we may collect additional information from you. We will provide you with a separate notice at the time of collection, if the use of that information differs from the uses disclosed in this Privacy Policy.
  • Information about you if you transact as a guest – Certain limited Services are available without being required to log in to or establish an Account, also referred to as Guest Transactions. We will collect Personal Data you provide such as emails and social media username (or “handle”), information about any funding instrument used to complete a Guest Transaction, Device Information, Technical Usage Data, and Geolocation Information as necessary to provide the requested Guest Transactions. If you are an Account holder and choose to make a Guest Transaction, we will collect information about the transaction and may associate it with your Account. If you are not an Account holder and choose to make a Guest Transaction, we will collect and store all information you provide and use and share such information in accordance with this Privacy Policy.

2. Log data we collect about you

We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include, but is not limited to information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

3. Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

4. Information we collect from your publicly published data

We collect the data you have published to the public such as avatars, photos, bios and content on your public blogs or on your public social media accounts to better match you with collaboration opportunities with brands, organizations and other users.

5. Information we collect from other sources

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties may include business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies.

These third parties may provide or have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

For further details about these other sources, please contact us using the details provided below.

6. Sensitive Information

If we ask you to provide sensitive personal information (i.e. information specifying medical or health conditions, personal financial information, social security number, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or information regarding your sex life, among similar such information), we will require that you affirmatively agree (i.e., opt-in) to provide such information before we collect it from you. The information we request is not designed for any discriminatory purpose and you are not required to provide any such sensitive information if you do not wish to do so, although your use of our Services may be affected thereby.

How We Use Your Personal Information

We use information held about you as set out below:

1. Information you provide us

We will use this information when you:

  • sign up and/or subscribe to our Platform;
  • apply to collaboration opportunities;
  • contribute to a marketing campaign and/or research program for Clients or us; or
  • make an inquiry about our services or request marketing materials to be sent to you.

2. Log data we collect about you

We will use this information when you:

  • to administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • to improve our website to ensure that content is presented in the most effective manner for you and for your computer or device; and
  • as part of our efforts to keep our website safe and secure.

3. Cookies

Cookies help us provide you with a good experience when you browse our website and also allows us to improve our website.

4. Information we collect from your publicly published data

This information helps us and our Service better match you with collaboration opportunities with brands, organizations and other users.

5. Information we collect from other sources

We will combine this information with the information you provide us and the information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

How We Disclose Your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

1. Affiliates

We may share your personal information with parent companies, subsidiaries and affiliates for use consistent with this Privacy Policy. Specifically:

  • in the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or
    assets and in connection with any such transaction;
  • if XOMAD or substantially all of its assets is or are acquired by a third party, in which case Personal Data held by us about our users will be one of the
    transferred assets and we may disclose your Personal Data in connection with any such transaction;
  • if we discontinue our business, or file a petition or have filed against us a petition in bankruptcy, reorganization or similar insolvency petition, application
    or proceeding, we may disclose your Personal Data to persons dealing with such discontinuation or in connection with any such petition, application or
    proceeding;
  • we may disclose your Personal Data to our Corporate Affiliates; for the purposes of this privacy notice: “Corporate Affiliate” means any person or entity which
    directly or indirectly controls, is controlled by or is under common control with XOMAD, whether by ownership or otherwise; and “control” means possessing,
    directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty
    percent (50%) or more of the voting securities, by contract or otherwise

2. Service providers

We may share your personal information with third party companies and individuals as needed for them to provide us with services that help us provide the Service or support our business activities such as website analytics, email delivery, marketing/advertising, IT providers, technical support, and legal and other professional advice.

We authorize these third parties to access your personal information to the extent reasonably necessary for them to provide their services and in a manner consistent with this Privacy Policy, and these third parties are prohibited from using or disclosing your information for any other purpose

3. Third Party Payment Processing

We use the payment services of Stripe for online payments and/or Automated Clearing House (ACH) payouts on theplug.xomad.com part of our Service. We do not process, record or maintain your credit card or bank account information and we will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to Stripes’ Privacy Policy.

4. Third Party Interactions

Certain functionality of the Service may permit interactions that you initiate between the Service and a third party website or service (“Third Party Interactions”). Examples of Third Party Interactions may include technology that enables you to transmit content to the Service from your account on a third party website or service; to otherwise connect the Service to a third party website or service, such as through an application programming interface (API) made available by us or a third party; or for users to register for an account and login through social networking sites such as Instagram/Facebook (“SNS”).

By registering or logging in through a SNS, you are allowing the Service to access your information and you are agreeing to the SNS’s Terms of Use and Privacy Policy in your use of such services. We may receive information from the SNS to make it easier for you to create an account with us. Any information that we collect from your SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.

If you choose to use Third Party Interactions, information you post or provide access to may be publicly displayed on the Service or by the provider of the social feature that you use. Similarly, if you post information on a third party platform that references the Service (e.g., by mentioning one of the Service or using a hashtag associated with the Service in a tweet or status update), your post may be published on our Service in accordance with the terms of the third party website or service. Also, both we and the third party may have access to certain information about you and your use of the Service and the third party website or service. In addition, we may receive information about you in connection with other users’ use of Third Party Interactions (e.g., we may learn that you are a “friend” or “connection” of the third party or receive other information about you that the other user enables us to receive).

The information we collect in connection with Third Party Interactions is subject to this Privacy Policy. The information collected and stored by the third party remains subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party website or service.

5. Community Features

The Service may provide you the opportunity to post on the Service message board or share User Content publicly through reviews, surveys, interactive features, or other communication functionality (“Community Features”). We may provide functionality for you to submit or post User Content through Community Features, by linking the Service to a third party service, or otherwise. Note also that publicly posted information may be indexed on search providers and other websites. As outlined in the Third party sites and services section below, we do not control third party websites, applications or services, and are not responsible for their actions.

Please note that certain information, such as your name, may be publicly displayed on the Service along with your User Content. User Content consisting of uploaded files may contain metadata, which may contain Personal Information or other information about or relating to you. You may wish to remove metadata from your files before transmitting such files to us. Note also that publicly posted information may be indexed on search providers and other websites. As outlined in the Third party sites and services section below, we do not control third party websites, applications or services, and are not responsible for their actions.

Note that anything you post through Community Features is public – others will have access to your User Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information, that information will be considered public information and the protections of this Privacy Policy will not apply. If you submit User Content, it may be published online or offline at any time. In addition, we may use your User Content and any excerpt from your User Content in connection with our advertising, marketing, publicity and promotional activities. Note also that publicly posted information may be indexed on search providers and other websites. As outlined in the Third party sites and services section below, we do not control third party websites, applications or services, and are not responsible for their actions.

Note also that publicly posted information may be indexed on search providers and other websites. As outlined in the Third party sites and services section below, we do not control third party websites, applications or services, and are not responsible for their actions.

6. Professional advisors.

We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

7. For compliance, fraud prevention and safety.

We may disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to relevant state and federal laws or comply with legal process served on XOMAD or the site; (b) protect and defend the rights or property of XOMAD; and, (c) act under exigent circumstances to protect the personal safety of users of XOMAD, or the public.

Third Party Sites and Services

The Service may contain links to other websites and services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites, applications or services, and are not responsible for their actions. Other websites and services follow different rules regarding their collection, use and sharing of your personal information. We encourage you to read their privacy policies to learn how those websites collect, use and share your information.

In addition, our content may be included on web pages and websites that are not associated with us and over which we have no control. These third parties may collect data through the use of their own cookies, pixel tags or other technology, independently collect information or solicit Personal Information, and may have the ability to track your use of their websites and services. We are not responsible for the privacy practices or the content of any third party.

Data Transmission & Storage

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Data transmitted through our website; any transmission is at your own risk. Once we have received your information, we use strict procedures and security features to try to prevent unauthorised access.

We are headquartered in the United States and have affiliates and service providers in other countries, and your personal information may be collected, used and stored inside or outside of the United States.

Residents of the European Economic Area

If you are a resident of the European Economic Area (EEA), our processing of your Personal Data could involve a transfer of Data outside the EEA. Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it. Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in the EEA under the GDPR. If we rely on another basis to transfer your Personal Data outside of the EEA (such as your consent), we will keep you updated or contact you as required.

Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.

Data Security

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to only need-to-know employees, agents, contractors and other third parties. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Client-Administered Accounts

Where the Service is provided to you through your employer, brand clients or another organization, that organization is the administrator of the Service. We are not responsible for the privacy or security practices of these organizations, which have their own privacy policies.

Please note that your organization’s administrator may be able to:

  • require you to reset your account password;
  • restrict, suspend or terminate your access to the Service;
  • access information in and about your account;
  • access or retain information stored as part of your account;
  • change the email address associated with your account;
  • change your information, including profile information; and
  • restrict your ability to edit, restrict, modify or delete information.

Please contact your organization or refer to your administrator’s organizational policies for more information.

Do Not Track

The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. We take no action in response to Do Not Track requests.<

Your Rights

Your have the right to:

1. Request access to your Personal Data (commonly known as a ‘data subject access request’). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it. You will usually not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

2. Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new Personal Data you provide to us.

3. Request removal of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

4. Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

5. Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the Personal Data’s accuracy; (b) where our use of the Personal Data is unlawful but you do not want us to erase it; (c) where you need us to hold the Personal Data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your Personal Data but we need to verify whether we have overriding legitimate grounds to use it.

6. Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

How to Exercise Your Rights

In order to exercise any of your rights, please contact us using the contact details provided at the end of this policy.

What We May Need from You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Use of Services by Minors

We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. Our Service is not intended for and may not be used by children under 13 or the legal age of majority in the applicable jurisdiction.

We do not knowingly collect information from children under the age of 13 or the legal age of majority in the applicable jurisdiction, and we do not direct the Service to, or encourage the use of the Service by, children under the age of 13 or the legal age of majority in the applicable jurisdiction.

If you are under the age of eighteen (18), you must ask your parent or guardian for permission to use our Service. At least one of your parents or legal guardians must provide us with their written consent.

Changes to Our Privacy Policy

Any changes we make to our privacy notice in the future will be posted to this section of our website and, where appropriate, notified to you by e-mail.

We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to ‘opt in’ to such changes. We may also make non-significant changes to this privacy notice that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. Please check back frequently to see any updates or changes to our privacy notice.

Contact Information

XOMAD welcomes your questions or comments regarding this Statement of Privacy. If you believe that XOMAD has not adhered to this Statement, please contact XOMAD at:

XOMAD LLC
3616b The Strand
Manhattan Beach, CA 90266

Email Address:
info@xomad.com

Effective as of August 27, 2020