PRIVACY POLICY
(Last Update: March 4, 2024)
This Privacy Policy (“Policy”) applies to Xendurance, LLC. (“Xendurance”). The “Policy” describes how “Xendurance”, “we”, “us”, or “our”) or any of our service providers collect, share, use, and protect your information, including without limitation, our company websites, web pages, landing pages, Team XND membership material and pages, mobile sites and apps, emails, phone calls, or messaging, or other offline mechanisms or any other place we display this Privacy Policy (collectively with the Sites, the “Platform”). Your use of the Platform constitutes your acceptance of this Privacy Policy and the practices described.
When we use the term “personal information” in this Privacy Policy, we mean information that identifies, describes, relates to, is reasonably capable of being associated with, or could be linked directly or indirectly, to you. It does not include aggregated, de-identified, or anonymized information maintained in a form that is not reasonably capable of being associated with or linked to you.
1. Information Collected
We collect the personal information you provide through the Platform and automatically collect certain personal information when you interact with the Platform.
2. Personal Information Collected
Information You Provide Us Directly
The different types of personal information we collect from you may vary depending on your use of the features of the Platform. You can choose not to provide personal information to us; however, some information about you is generally required for us to provide our products and services, respond to your requests, and otherwise communicate with you. The personal information we (ourselves or via our service providers) may collect includes the following, depending on how you interact with the Platform:
Contact, Demographic Information, and Payments: When using the Platform we may collect your name, email, telephone numbers, home addresses, various demographic information (such as zip code, and age), details and information of your purchases, and purchase history or payment information (such as account or credit card number) when you make a purchase.
Social Media: If you use a social media account or social media apps to interact with us, you may be sharing information such as your first name, last name, full name, profile picture, gender, list of friends, links to your social media account profiles, likes, and other data that is part of your or your friends’ social media account profile(s). This information is collected by the social media platform and is provided to us under the terms of the social media platform’s privacy policy. You can control the information that you receive from social media platforms using the privacy settings in your social media account.
Registration Information: In the process of registering or if you register at the Sites or Platform, enter a promotion, take a quiz, or opt-in to receive emails or other offers or communications, we collect and store the information provided. We may also ask you to provide demographic information such as gender or age, or information about your product preferences and interests.
Team XND Membership: When signing up to become a Team XND Member, you may be providing information similar to Contact, Demographic, and Payment Information such as your first name, last name, full name, gender, and other data necessary to activate your Team XND Membership. By accepting this Privacy Policy you also abide by the Team Xendurance Policy and Procedures.
Applicants For Work: We also collect and maintain personal information if you are a job applicant or candidate and apply for job openings with us. This personal information includes but is not limited to first and last name, email address, telephone number, gender, ethnicity, disability and veteran status, educational history, professional references, job history, and any other information you choose to provide as part of your resume or application for employment. We collect and maintain this information to determine employment eligibility, including verification of references and qualifications; assessing qualifications for a particular job; complying with applicable laws, regulations, and statutes, or for such other purposes as are reasonably required by us as otherwise outlined in this Privacy Policy; or to communicate with you about your application for employment or potential job openings. We may share this information with our service providers as necessary for determining your eligibility and qualifications.
All Other Information You Submit: You may provide other personal information when contacting us or submit information through the Platform, including customer service contacts, surveys or quizzes, Team Member URLs, testimonials, and reviews. The Platform may make available Zoom, Google or similar calls, Facebook groups, and newsletters. Remember that any information that you disclose in these areas or similar areas becomes public information.
3. Information Collected Automatically
We may also automatically collect certain personal information when you visit or interact with the Platform, including:
Location and Mobile Data: Some mobile apps include opt-in, geo-location services that provide location-based services, such as store locators, promotional and discount offers, fitness information, and other personalized content. Some of our mobile apps include opt-in “push notifications.” Most mobile devices allow you to turn off location services or push notifications. The mobile apps may also collect information about your mobile device, its operating system, and usage as further described below.
Usage Information: We or our service providers may also use a variety of technologies that passively or automatically collect information about how the Sites are accessed and used (“Usage Information”), including your browser type, device type, operating system, application version, the pages served to you, the time you browse, preceding page views, and your use of features or applications on the Sites. This statistical data provides an understanding of what is engaging and pertinent to users of the Sites so that content and information can be useful and educational to end users.
Collection of Device Identifiers: The Platform also automatically collects an IP address or other unique identifier information (“Device Identifier”) for the computer, mobile device, technology or other device (collectively, “Device”) you use to access the Sites. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier. We may use a Device Identifier to, among other things, administer the Sites, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify you and your shopping cart, and gather broad demographic information for aggregate use.
Cookies: Like many Web sites, we use “Cookies,” which are data files placed on a Device when it is used to visit the Sites to facilitate site navigation and to personalize your experience, including customizing advertisements. Cookies may also be used to associate you with social media sites like Facebook, Instagram, and X and, if you so choose, enable interaction between your activities on the Sites and your activities on such social media platforms. We also use cookies for Team Member URLs, programs, discounts or reward offers that you may participate in. We use cookies to track the account sending the referral and to track whether the Team Member signs up another team Member, or makes a purchase so that the referrer can receive its rewards or commissions. We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate site navigation, and to personalize your experience while visiting our Sites (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information). We do not knowingly permit third parties to track you over time, across sites from our Sites.
At any time if you do not want to accept cookies, you can change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; or set your browser to automatically not accept any cookies. However, please be aware that some features and services on our Sites may not work properly because we may not be able to recognize and associate you with your account. In addition, the promotions or rewards we provide when you visit us may not be as relevant to you or tailored to your interests.
Pixel Tags or Web Beacons: We also use web beacons or pixel tags, which are transparent graphic images placed on a web page or in an email and indicate that a page or email has been viewed or tell your browser to get content from another server. These may be confirmed to us when you open an email from us.
4. Third-Party Information:
We may receive information about you from third parties that feature our products or promotional offers or ads if you opt-in to receive information from us. You may also choose to participate in a third-party application or social media site through which you allow us to collect (or the third party to share) information about you, including Usage Information and personal information. We may also receive information about you through the Team XND Membership program.
Information we may receive about you from outside records from third parties, such as marketing-related or demographic information to enhance our ability to tailor our content, products, and services that we believe may be of interest to you. We may supplement the information we collect about you through the Platform with such information from third parties to enhance our ability to serve you, tailor our content to you, and/or offer you opportunities to purchase products or services that we believe may be of interest to you. If we combine such data with information we collect through the Platform, such information is subject to this Privacy Policy unless we have disclosed otherwise.
5. Information Usage:
Xendurance uses information collected about you for a variety of business purposes, including:
We may share non-personal information, such as combined information that is not linked or reasonably linkable to any consumer or household, including via a device.
6. How We Share Personal Information
We may share your personal information as disclosed at the time you provide your information, with your consent, as outlined in this Privacy Policy and the following circumstances:
Service Providers: We may share your personal information with service providers that perform functions on our behalf (or on behalf of our business partners) such as service providers that host or operate our Platform, analyze data, process transactions, commissions, and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, quizzes, surveys or provide marketing or promotional assistance.
Third Parties: While on the Sites, you may have the opportunity to opt-in to receive information and/or marketing offers from other parties for co-branded offers, or to otherwise consent to the sharing of your personal information with a third party, including social networking sites such as Facebook, Instagram or X. If you agree to have your personal information shared with a third party, your personal information will be disclosed to the third party and will be subject to the privacy policy and business practices of that third party.
Business Partners and Internal Transfers: Your personal information may also be used by us or shared with our subsidiaries, affiliates, co-sponsors, and business partners to provide you with product information and promotional and other product and service offers. We may share your personal information with our parent company, subsidiaries, and affiliates for internal reasons, primarily for business and operational purposes.
Business Transfers or Transactions: Mainly for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or our assets, or assets related to the Sites, personal information, Usage Information, and any other information that we have collected about the users of the Sites may be disclosed to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
Legal Disclosure: Xendurance may transfer and disclose information, including your personal information, Usage Information, and Device Identifier, (including IP address), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to the Platform or the public.
7. Your Privacy Rights, Choice, and Access
You may direct us not to share your Personal Information with third parties, not to use your personal information to provide you with information or offers, or not to send you newsletters, e-mails, or other communications by: (i) modifying your registered user information on the Sites; (ii) filling out our Privacy Rights Request Form; or (iii) following the removal instructions in the communication that you receive.
If you wish to correct, update, modify, verify, or delete, any of your personal information collected through the Sites, you may edit your profile preferences or fill out our Privacy Rights Request Form. Following our routine record keeping, we may delete certain records that contain personal information you have submitted through the Sites. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups, legal obligations, and other reasons.
We do not control certain privacy settings and preferences maintained by our social media partners like Facebook, Instagram, and X. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.
8. Personal Information Retention
We will retain your personal information for as long as your account is active or as needed to provide you services, as otherwise required by law or to fulfill the purposes for which it was collected and received. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. The duration is limited to the time necessary to fulfill the purposes for which it was collected, in light of any restrictions or deletions you might request, as well as our need to address our legal obligations or rights.
9. How To Opt Out: Online TrackingAdvertising/Targeted Advertising
Targeted and Interest-Based Advertising: Xendurance licenses technology to serve advertisements on its Sites and within its content as that content is served across the Internet. In addition, Xendurance may use third party network advertisers to serve advertisements and third-party analytics vendors to evaluate and provide us with information about the use of the Sites and viewing of our content. Ad network providers, the advertisers, the sponsors, and/or analytics service providers may set and access their cookies, pixel tags, and similar technologies on your Device and they may otherwise collect or have access to information about you, including Usage Information. We and our network advertisers may target advertisements for products and services in which you might be interested based on your visits to both the Sites and other websites. We may use a variety of companies to serve advertisements.
If you prefer to not receive targeted advertising, you can opt out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt-Out Page: https://www.networkadvertising.org/managing/opt_out.asp. Please note that even if you choose to remove your information (opt-out), you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies. Please note, however, that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, the options you select relating to interest-based advertising are browser and device-specific. If you use a different device, change browsers, visit a different website, or delete the opt-out cookies, you may need to perform the opt-out task again.
You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting "limit ad tracking" (iOS) or "opt out of interest-based ads" (Android). You may also be able to opt out of some – but not all – interest-based ads served by mobile ad networks by visiting https://youradchoices.com/appchoices and downloading the mobile AppChoices app.
Google Analytics and Advertising: We use Google Analytics to better understand how our users interact with our Sites and such data is shared with Google. For information on how Google Analytics collects, uses, and processes data, as well as how you can control information sent to Google, review Google's site “How Google uses data when you use our partners' sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.
We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies and third-party cookies or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Platform. You may control your advertising preferences or opt out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.
Do-Not-Track Policy: Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. While we continue to evaluate this evolving technology, the Sites do not currently respond to those signals. If you have questions, please contact us via one of the methods listed in the “Contact Us” section at the end of this Privacy Policy. If you block or reject cookies, not all of the tracking described here will stop and some features of the Sites may not be available. The options you select are browser and device-specific.
10. Children
The Sites are not directed to children under 13. We do not knowingly collect, use, or disclose personal information from anyone under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. If you believe we may have inadvertently collected personal information from a child under 13, please contact us at compliance@xendurance.com
11. State-Specific Disclosures
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain states. Please refer below for disclosures that may apply to you:
12. Security of Your Information
Xendurance maintains reasonable safeguards designed to protect personal information against loss, unauthorized use, disclosure, or destruction when transferring information for processing. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us.
13. Other Sites
The Platform may contain links to third-party sites that are not owned or operated by Xendurance. This includes links from advertisers, sponsors, and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend, or endorse and are not responsible for these sites or their content, products, services, or privacy policies or practices. These other sites may send their cookies or other tracking devices to your Device, they may independently collect data or solicit personal information, and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site that appears or claims that it is one of our Sites or part of the Platform (including those linked to through an email or social media page or site).
14. Personal Information: Storage and Transfer
The Platform is governed by and operated in, and per the laws of, the United States, and is intended for the use and enjoyment of residents of the United States. Xendurance makes no representation that the Platform is governed by or operated per the laws of any other nation. If you are located outside of the United States, please be aware that the information we collect will be transferred to and processed in the United States. By using the Platform, or providing us with any information, you (a) acknowledge that the Platform is subject to the laws of the United States, (b) consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.
15. Policy Changes And Updates
We may change information on the Platform and/or this Privacy Policy, at any time without prior notice to you, and any changes will be effective immediately upon the posting of the revised Privacy Policy. We will use your personal information in a manner consistent with the Privacy Policy in effect at the time you submit the information unless you consent to the new or revised policy. We encourage you to periodically review this page for the latest information on our privacy practices.
16. Contact Us
If you have questions regarding this Privacy Policy, please contact us via email at compliance@xendurance.com (Re: Privacy Policy) or write/mail us at Xendurance, 8465 N 90th St. Suites 6-7, Scottsdale, AZ 85258.
