California Privacy Notice

Last Updated: March 4, 2024.

Unless otherwise defined in this California Privacy Notice (this “Notice”), all terms defined in the Privacy Policy and all other terms defined in the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act (“CCPA”) retain the same meaning when used in this Notice.

SCOPE

This Notice supplements the information contained in our Privacy Policy and applies solely to individual residents of the State of California (“consumers” or “you”).

This Notice describes how we collect, use, disclose, share, sell, and otherwise process the personal information of individual residents of the State of California, either online or offline, within the scope of the CCPA.

PERSONAL INFORMATION DISCLOSURES

When we use the term “personal information” in this Notice, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household per the CCPA.

For this Notice, personal information does not include:

De-identified, aggregated, or anonymized information that is maintained in a form that is not capable of being associated with or linked to you or a particular household.
Publicly available information from government records.

Collection, Disclosure, and Sale or Share of Personal Information

As described further in the “How We Share Personal Information” section of the Privacy Policy, we share personal information with our service providers and contractors that help us operate our Platform and business. We may also share personal information with a variety of third parties, including for marketing purposes; if we are subject to certain corporate transactions or reorganizations; with third parties to comply with law or to protect our rights or the rights and safety of others; or for purposes otherwise disclosed or for which you have consented.

For purposes of this Notice, when we use the term “third party” we mean entities that are not service providers or contractors providing services on our behalf and that are not entities with whom you interact directly.

In the last 12 months, we have collected each of the categories of personal information noted in the list below and disclosed it, for a business purpose, to the categories of recipients listed below, and when we have sold or shared the category of personal information to third parties in the last 12 months, and to what categories of third parties.

Identifiers, such as name, postal address, email address, telephone numbers, online identifiers, and other information.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Sold or shared with third parties in the following categories: Marketing/Advertising/Media Partners and Platforms; Data Analytics Providers

California Customer Records (Cal. Civ. Code § 1798.80(e)), such as birthdate and payment information.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Not sold or shared with third parties.

Protected Classification Characteristics, such as age, ethnicity, and gender.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Sold or shared with third parties in the following categories: Marketing/Advertising/Media Partners and Platforms; Data Analytics Providers

Commercial Information, such as products or services purchased, obtained or considered, and other information relating to your hobbies, interests and shopping behavior.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Sold or shared with third parties in the following categories: Marketing/Advertising/Media Partners and Platforms; Data Analytics Providers

Internet/Network Activity Information, such as browsing history, search history, IP address, Device Information, and log and analytics data.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Sold or shared with third parties in the following categories: Marketing/Advertising/Media Partners and Platforms; Data Analytics Providers

Geolocation Data, such as location information from your device or estimated based on your IP address.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Sold or shared with third parties in the following categories: Marketing/Advertising/Media Partners and Platforms; Data Analytics Providers

Biometric Information, such as behavioral characteristics used to identify you, including: imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings from which an identifier such as a faceprint can be extracted; keystroke patterns or rhythms; gait patterns or rhythms; and sleep, health or other exercise data that contains identifying information.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Website Optimization Vendors
Not sold or shared with third parties.

Sensory Information, such as audio, electronic, visual, thermal, olfactory, or similar information.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Quality Assurance vendors, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Not sold or shared with third parties.

Other Personal Information, such as information you post on our Platform or on social media pages, and information you submit to us.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Sold or shared with third parties in the following categories: Marketing/Advertising/Media Partners and Platforms; Data Analytics Providers

Job Applicant Information, such as professional or employment-related information.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Employment Screening Vendors, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Not sold or shared with third parties.

Inferences, such as predictions about your interests and preferences drawn to create a profile.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Sold or shared with third parties in the following categories: Marketing/Advertising/Media Partners and Platforms; Data Analytics Providers

Sensitive Personal Information, such as: Social Security number, driver’s license number or other state-issued ID; account log-in credentials; financial account, debit or credit card number with any required PIN or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs; content of mail, email or text messages where we are not the recipient; genetic data; information concerning a consumer’s health, sex life or sexual orientation.

Disclosed for business purposes with recipients in the following categories: Service Providers and Contractors, such as: Marketing/Advertising/Media Agencies, Analytics Vendors, Fulfillment Partners, Payment Processing Vendors, Data Management Platforms, Social Networks, Law Enforcement, Affiliates, Regulatory Bodies, Government Authorities, Government Agencies
Not sold or shared with third parties.

We do not use or disclose Sensitive Personal Information outside of the permitted purposes set forth under Section 7027(m) of the California Consumer Privacy Act Regulations.

Sources of Personal Information

As described in the “Information Collected” and “Information From Third Parties” sections of the Privacy Policy, we collect personal information directly from you when you provide it to us, automatically using cookies and other tracking technologies, from the categories of third parties listed in that section and by combining personal information we may otherwise obtain.

Purposes for Collecting Personal Information

We collect, use, sell, share, or disclose personal information about you for the business and commercial purposes further described in the “Use of Information” and “How We Share Personal Information” sections of the Privacy Policy.

Retention of Personal Information

The period for which we retain your personal information varies, depending on the type of personal information and the purpose for which it was collected. The duration is limited to the time necessary to fulfill the purposes for which the information was collected, in light of any restrictions or deletions you might request, as well as our need to address our legal obligations or rights.

YOUR CALIFORNIA PRIVACY RIGHTS

As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations and exceptions at law):

Right to Know:

The right to request the following information relating to the personal information we have collected about you and disclosed about you:

The categories of personal information we have collected about you;
The categories of sources from which the personal information was collected;
The business or commercial purposes for collecting, selling, or sharing the personal information;
The categories of third parties with whom the business shares personal information;
The categories of personal information sold, and for each category identified, the categories of third parties to whom it sold that particular category of personal information; and
The categories of personal information that the business disclosed for a business purpose, and each category identified, the categories of third parties to whom it disclosed that particular category of personal information.

Right to Access (Right to Know Specific Pieces of Information) / Portability:

The right to access and obtain a copy of the specific pieces of Personal Information we have

collected about you in a structured, machine-readable format that may be transmitted to another entity without hindrance, to the extent technically feasible.

Right to Correct

The right to request that we correct your inaccurate personal information maintained by us.

Right to Request Deletion

The right to request the deletion or erasure of personal information we have collected from you, subject to certain exceptions.

Right to Opt-Out of Data Sales or Sharing

The right to direct us not to sell or share personal information we have collected about you to third parties, including for ad targeting / cross-contextual advertising.

Do Not Sell My Personal Information (Data Opt Out)

California’s “Shine the Light” Law

California’s “Shine the Light” law (Civil Code § 1798.83) also permits California residents who have an established business relationship with us to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year or to have the right to opt-out of such disclosures.

HOW TO EXERCISE YOUR CALIFORNIA PRIVACY RIGHTS

To Exercise Your Rights to Know, Access/Data Portability, Correct, Delete, and/or “Shine the Light”

Please submit a request by filling out our Privacy Rights Request Form or by emailing compliance@xendurance.com

We may need to verify your identity and confirm you are a resident of the State of California before processing most requests, which may require us to obtain additional personal information from you. To verify your identity, we will generally require either the successful authentication of your account or the matching of sufficient information you provide us to the information we maintain about you in our systems. Please provide your name, email address, and mailing address in the original request, as well as an explanation of the rights you wish to exercise. We will only use the personal information provided in connection with a Privacy Rights Request to review and comply with the request. If you do not provide this information, we may not be able to verify or complete your request in all circumstances.

If you wish to submit a verifiable consumer request on behalf of another individual, we will also need sufficient information to verify that the individual is the person about whom we collected personal information and that you are authorized to submit the request on their behalf. Please see the “Authorized Agents” section below for more information.

In certain circumstances, we may decline a request to exercise the rights described above, per applicable law.

To Exercise Your Right to Opt-Out of Personal Information Sales or Sharing for Cross-Contextual Advertising

You do not need to create an account with us to exercise your Right to opt out of Personal Information Sales or Sharing for Cross-Contextual Advertising. However, we may ask you to provide additional personal information (including your name, email address, and mailing address) so that we can properly identify you in our dataset to facilitate the opt-out request. If you choose not to provide this information, we may only be able to process your request to the extent we can identify you in our data systems.

Once you make an opt-out request, you may change your mind and opt back into personal information sales at any time by contacting us at compliance@xendurance.com (Re: Opt-Out)

To exercise your right to opt out of sales or sharing of personal information, please submit a request by clicking the button below:

DO NOT SELL OR SHARE MY PERSONAL INFORMATION

In addition, as is common practice among companies that operate online, we permit third-party advertising networks, social media companies, and other third-party businesses to collect personal information directly from your browser or device through cookies or similar online tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. For example, they may collect Internet/Network information, such as a cookie or device ID, browsing history and website usage, geolocation data, commercial information, and inferences generated from your browsing history and interactions with our service as well as other sites and services. These third parties use this information to serve more relevant ads, for ad campaign measurement and analytics, and for fraud detection and reporting and may sell or share that information with other businesses for advertising and other purposes. Please see the section entitled “How To Opt Out: Online TrackingAdvertising/Targeted Advertising” to learn how you may exercise your choice over this data collection for advertising purposes.

Personal Information of Children Under Age 16

We do not sell or share personal information of consumers we know to be less than 16 years of age, unless we receive affirmative opt-in consent from the child who is between 13 and 16 years of age, or the parent or guardian of a child less than 13 years of age. The parent or the child who has opted into personal information sales or sharing may opt out of future sales at any time. If a parent, guardian, or child has provided affirmative authorization, they may opt out of future processing at any time by contacting us at info@compliance.com. (Re: Opt Out)

Authorized Agents

In certain circumstances, you are permitted to use an “authorized agent” (as that term is defined by the CCPA) to submit CCPA requests on your behalf. We may verify the authorized agent’s authority to act on your behalf as follows:

For requests to know, access, correct, or delete personal information, we may ask you to provide sufficient evidence to show that you have provided the authorized agent signed permission to act on your behalf, verified your own identity directly with us according to the instructions outlined in this Notice, and directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.

For requests to opt-out of personal information “sales” or “sharing” for cross-contextual advertising of personal information we may ask you to provide a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.

FINANCIAL INCENTIVES

From time to time, we may offer you certain financial incentives permitted by law (such as offers, coupons, samples, loyalty programs, memberships, or contest rewards) in exchange for the collection, retention, use or share, or sale of certain personal information about you. Each financial incentive related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business. When necessary, we will provide information about the specific terms of the financial incentive, such as the type of personal information required to be disclosed, retained, or sold in exchange for the benefit you may receive, and instructions on how to opt in or opt-out, on the webpage or form where the financial incentive is made available.

NONDISCRIMINATION

We do not discriminate against you for requesting any of the rights noted above. We are permitted to deny or limit your request per applicable laws.

HOW TO CONTACT US

If you have any questions, comments, or concerns concerning our privacy practices or this Notice, or wish to update your information, please feel free to contact us at compliance@xendurance.com or by mail at: Xendurance, 8465 N 90th St. Suites 6-7
Scottsdale, AZ 85258.

CHANGES IN NOTICE

From time to time, we may change our Notice. We will notify you of any material changes to our Notice as required by law. We will also post an updated copy of this Notice on our Platform. Please check our Platform periodically for updates.