Last updated: September 28, 2016

Privacy Policy

Xola, Inc. ("Xola," "we", "our" or "us") respects your privacy and we appreciate your interest in our organization. This Privacy Policy covers our collection, use and disclosure of information we obtain through our software-as-a-service (SaaS) application, accessed via our website, https://xola.com/ and our mobile applications (collectively, such services, applications and websites referred to in this Privacy Policy as our "Digital Properties"). It also describes your choices regarding use, access and correction of your personal information. This Privacy Policy applies to both individuals and entities that have signed up for, provide information through, or use any of the Digital Properties, including without limitation our subscribers and their applicable customers and clients as well as visitors of our website (any of the foregoing referred to herein as "you" and "your"). By registering for, providing information to or using or accessing any of Xola's Digital Properties, you consent to this Privacy Policy. This Privacy Policy may be modified from time to time as provided below.

Terms of Service

Please note that your use of our Digital Properties is also subject to our Xola Terms of Service (TOS), or other applicable End User License Agreements associated with such Digital Properties. All capitalized terms not otherwise defined herein shall have the meaning assigned to such terms in the Terms of Service.

Safe Harbor

Xola complies with the U.S.—Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from Switzerland. Xola has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Xola certification, please visit https://safeharbor.export.gov/swisslist.aspx.

Privacy Shield

Xola (and its parent/subsidiary company(ies) Xola Inc., Xola Travels Private Limited, Xola Software ULC) participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Xola is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.

Xola is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Xola complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Xola is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situation, Xola may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

Information We Collect

When accessing or using our Digital Properties or registering or signing up for our Services, you may provide us with contact information or account registration information, including name, phone number, physical address, and e-mail address. If you choose to purchase a service or product through our Digital Properties or register for certain services, we may collect billing-related information from you such as credit card number and billing name and address. Any such information that can be used to identify or contact you is referred to as "Personal Identifying Information". We may also collect or receive additional information from or about you in connection with the use or operation of our Digital Properties, including demographic information (e.g., gender, age, birthdate), characteristics and interests, passwords and account identifiers. While using our Digital Properties you may also post, upload, submit or otherwise provide various content, communications, text, data, graphics, photos, audio and video files and other information. Finally we may receive, collect or generate information about you through the use and operation of our Digital Properties, including without limitation data about your activities within our Digital Properties, data regarding usage of our Services, reservations made, products and services requested or purchased, your IP address, browser type, ISP, page views, clicks, domains, operating systems, device IDs, device types and similar information. Some of the mechanisms for collecting and generating such information (such as cookies and tracking technologies) is described in more detail below.

All such information described above that is provided to, or collected or generated by or through, Xola's Digital Properties shall hereby be referred to as "Collected Information". Xola follows the seven principles created by the US Department of Commerce's Safe Harbor Program. You are not obligated to submit requested information to us or through the Digital Properties, such submissions are voluntary, however, your failure to provide such information may prevent you from using or accessing some or all of the Digital Properties and any services or products thereon.

We do not ask for, access or track any location based information from your mobile device at any time while downloading or using our Mobile Apps or Services. We do, however, request access to your device's photos, camera application and microphone in order to enable payment processing hardware. We request access to use the headphone jack for the card swipe hardware accessory. This is how the credit card reader communicates with the application. It converts credit card track data into encrypted audio signals which are decoded by the app. If you have previously allowed access to your device's photos and camera and no longer wish to allow access, you may edit the application settings at the device level.

If you have opted into membership of any information newsletter we may offer, you may cancel participation in the email newsletters by following the unsubscribe instructions in the footer of each newsletter.

How Information We Collect Is Used

Collected Information may be used by us to operate, provide, administer, develop, support, analyze, maintain and improve our Digital Properties, including without limitation the services provided through our Digital Properties. We may also use Collected Information to conduct quality control, fix problems, conduct market research, provide personalized or customized experiences, recommendations and customer support, and to communicate with users, subscribers and customers.

Collected Information you provide or collected by us may be used by Xola for marketing and promotional purposes, including but not limited to promotional e-mailing, direct mail, advertising, newsletters and sales contacts. Xola may also analyze, compile, publish, sell and otherwise similarly commercialize Collected Information (other than Personal Identifying Information), including without limitation derivative information and analyses. The foregoing includes, for example, the distribution or sale by Xola of aggregated or de-identified data. Finally we can use Collected Information in any manner for which permission or consent is provided by the source of such information and for legal and similar purposes expressly described below in the Legal Disclosure section of this Privacy Policy.

Disclosure and Sharing of Collected Information
We will share your personal information with third parties only in the ways that are described in this Privacy Policy. We may share certain of your Collected Information through the Digital Properties to the extent inherent in the operation of our Services or other aspects of the Digital Properties. For example, we may share certain Subscriber information about its services and products with such Subscriber's customers and clients who are using our Website or Mobile Application and we may share certain information from such customer or client with the Subscriber. Xola may also share Collected Information with any affiliated companies provided such affiliates follow this Privacy Policy with respect to such information. If you post, submit or provide information or content to a public forum on, or other public portion of, our Digital Properties, such information has been contributed to the public domain and therefor may be further shared and disclosed by us without restriction.

Service Providers: We use third parties to provide us with services and products in order to operate, administer, maintain, develop, analyze and support our Digital Properties, which may include, for example, credit card processing companies to bill you for services, information technology providers and computer hosting services, data analysis companies, software developers, marketing and advertising services firms, support providers to help us collect feedback and manage our support and an email service provider to send out emails on our behalf. We may use live chat software to assist you if you have questions while using our site or regarding our service. We may share your Collected Information with such third parties only as necessary for the third party to provide their applicable service or product or such third parties may have access to your Collected Information to the extent inherent in the services or products they provide. We use reasonable efforts to see that such third parties are required to reasonably protect your Collected Information; however, we are not liable for the acts or omissions of these third parties, except as required under applicable law.

Aggregated and De-Identified Information: Xola may disclose or publish (a) on an aggregated basis, information (including derivative information and analyses) relating to usage and users of the Services and other aspects of the Digital Properties, and (b) fully de-identified information derived from Collected Information that does not contain Personal Identifying Information and is not connected to similar information that would allow one to be specifically identified or contacted.

Xola can disclose or share Collected Information that is already generally and publicly available through no act or omission by us. Finally we can disclose or share Collected Information in any manner for which permission or consent is provided by the source of such information and for legal and similar purposes expressly described below in the Legal Disclosure section of this Privacy Policy.

Tracking Technologies
Xola employs, or our third party advertising partners employ, various tracking technologies, such as cookies, web beacons, tags, scripts, analytics software or other similar technologies, that help us better manage, operate, administer maintain, develop, analyze and support our Digital Properties and the content provided on such Digital Properties.

Cookies: When you visit our Digital Properties we send one or more "cookies" to your computer or other devices. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features on our Website will not function if you do not allow cookies. We may link the information we store in cookies to any Collected Information you submit while on our Website.

We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our Website or to save things like your user ID and password. You can remove persistent cookies by following directions provided in your Internet browser's "help" file.

Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance. Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.

Advertising cookies may be set through our website by our advertising partners. Data may be collected by these companies that enable them to serve up advertisements on other sites that are relevant to your interests.

If you reject cookies, you may still use our site, but some features on the site will not function properly.

Web Beacons: Xola may use Web Beacons alone or in conjunction with cookies to compile information about our Digital Properties. Web Beacons are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allow checking that a user has viewed the page or email. Web Beacons may be used within the Digital Properties to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by Web Beacons to your Collected Information. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

Third Party Tracking Technologies: The use of cookies and web beacons by any tracking utility company or third party service provider is not covered by our privacy statement.

Analytics Software: We and our third party tracking-utility partners use log files on our Digital Properties to gather certain information automatically and store it for analytical purposes. This information includes internet protocol ("IP") addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information to track and aggregate non-personal information to analyze trends, administer, operate and improve the Digital Properties, track users' movements around our Digital Properties and to gather demographic information about our user base in the aggregate. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you and for marketing, analytics, or functionality and operation of the Digital Properties.

Mobile Analytics: We use mobile analytics software to allow us to better understand the functionality of our mobile applications on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.

Local Storage: We use Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

Online Behavioral Advertising: We partner with a third party to either display advertising on our website or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here or if located in the European Union, click here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Social Media Features and Widgets: Our Digital Properties may include social media features, such as the Facebook Like button and widgets, the Share button and/or interactive mini-programs that run on our Website. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Digital Properties. Your interactions with these features and widgets are governed by the privacy policy of the company providing them.

Testimonials, Ratings and Reviews: We may post customer testimonials on our Digital Properties which may contain Collected Information. We obtain the customer's consent via email prior to posting such testimonials and attaching the users name along with their testimonial.

We may also partner with a third party service provider to collect and display ratings and review content on our Website. If the content collected by the third party for display includes personally identifiable information, it will be rejected and will not be posted unless explicit consent is provided by the user.

Third Party Services; Links to Other Web Sites: The Digital Properties may include or interoperate with applications, services, features or functionalities provided by third parties. In connection with such third party applications, services, features or functionalities, you may send (or such third parties may get access to) certain information about or related to you or your activities with such third party applications or services. The collection, use, storage and disclosure of such information by these third parties is subject to their own privacy policies and we have no responsibility or liability therefore. Our Digital Properties may include links to other web sites whose privacy practices may differ from those of Xola. If you submit personal information to any of those sites, your information is governed by the privacy policy or statements governing that particular site. We encourage you to carefully read the privacy statement of any web site you visit.

Public Forum: Our Website may offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose Collected Information through Xola public message boards, blogs, or forums, this information may be collected, disclosed and used by others. To request removal of your personal information from our blog or community forum, contact us at support@xola.com. In some cases, we may not be able to remove your personal information and Xola makes no commitments or representations that it will do so.

Data Collected for Our Subscribers

Information Related to Data Collected for Our Subscribers From Their Customers The following terms shall have the definitions contained below.

Subscriber shall mean the business, individual or entity that registered or signed up for Xola's Services through the Digital Properties to offer or manage their services and products to their customers and clients. The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged Xola.

Customer shall mean the businesses, entities or individuals scheduling or purchasing products and services from Subscriber through the Services or other aspects of the Digital Properties.

Service Provider Collection and Use Xola may collect, receive or generate information from or about Customers on behalf of its Subscribers, but has no direct relationship with the Customer whose Collected Information it processes. Collected Information from or about Customers may be used and disclosed in the manner described above in this Privacy Policy and is otherwise covered by the other provisions of this Privacy Policy.

We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Subscribers.

If you are a Customer of one of our Subscribers and would no longer like to be contacted by one of our Subscribers that use our service, please contact the Subscriber that you interact with directly.

Access to Data Controlled by our Subscribers Xola acknowledges that you have the right to access your personal information. Customers who seek access, or who seek to correct, amend, or delete inaccurate data should direct their query to the Subscriber. If the Subscriber requests Xola to remove or amend the data, we will respond to their request within a reasonable time in accordance with the provisions below in this Privacy Policy.

We reserve the right to disclose and use any Collected Information in the following circumstances:

  • As required by law, such as to comply with statutes or regulations or a subpoena, bankruptcy proceeding, court order or similar legal process.
  • When we believe in good faith that disclosure and/or use is necessary to protect our rights, enforce our agreements, resolve disputes, protect your safety or the safety of others, investigate fraud, or respond to a government request.
  • To or with any other third party with your prior consent to do so.
  • If Xola is involved in a merger, acquisition, reorganization or sale of all or a portion of its business or assets or a significant strategic collaboration or transaction. If any of the foregoing involves a transfer or disclosure of Collected Information outside of the ordinary course of business as described in the Disclosure of Information section above, you will be notified via email and/or a prominent notice on our Website.

Data Retention, Access and Deletion
We may retain your Collected Information, including without limitation the Collected Information we process on behalf of our Subscribers, for as long as your account is active or as needed to provide you and our Subscribers services, comply with our legal obligations, resolve disputes and enforce our agreements. We may delete your Collected Information at any time, except as required to comply with our Terms of Service.

Upon request Xola will provide you with information about whether we hold any of your personal information. If your Collected Information changes, or if you no longer desire our service, Subscribers may request to correct, update, and/or deactivate it by contacting our customer support at support@xola.com. We will use reasonable efforts to respond to your request within a reasonable time however, Xola makes no commitment, representation or guaranty that such efforts will be completed or successful. Furthermore, because of the way we maintain certain aspects of our Digital Properties, after information is deleted, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. We may from time to time offer you the ability to change or correct some of your Collected Information (e.g., registration information) through our Website though such functionality may not be offered or available.

Security of your Information
The security of personal information is a high priority at Xola. We maintain our Digital Properties and associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). No computer system or information can ever be fully protected against every possible hazard. Xola is committed to providing reasonable and appropriate security controls to protect our Digital Properties and their information against foreseeable hazards. If you have any questions about the security of your personal information, you can contact us at legal@xola.com.

Changes to this Privacy Policy
Xola reserves the right to change this Privacy Policy. Xola will provide notification of the material changes to this Privacy Policy through notifications on the main page of its Website or via email at least thirty (30) business days prior to the change taking effect. Your use of, or provision of information to, the Digital Properties after such update or modification constitutes your acceptance of such changes to this Privacy Policy

International Transfer
Our Digital Properties are hosted in whole or in part in the United States. If you use our Digital Properties from the European Union, Asia or any other country outside the United States with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws and regulations, please be advised that through the continued use of the Digital Properties, you are transferring information to the United States and you consent to that transfer. Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us or use the Digital Properties, Xola transfers personal information to the United States and processes it there, and your submission of such information represents your consent and agreement to that transfer.

Our Policy Toward Children
In order to use our Digital Properties you must represent and warrant that you are over the age of 13 in the sign-up process. Children under the age of 13 are not eligible to use the Digital Properties and must not attempt to sign-up with any of our Services and/or submit any personal information to us. We do not knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible.

Limitation of Liability
Even though Xola has taken reasonable commercial steps and efforts to prevent Personal Identifying Information and other information covered by this Privacy Policy from being accessed, used, intercepted or disclosed by unauthorized individuals in violation of this Privacy Policy, you should know and you acknowledge that we cannot fully eliminate security risks associated with your information. You expressly acknowledge and agree that uploading, posting, providing, storing, using, analyzing, transmitting, sharing and/or allowing access to Personal Identifying Information and other information on, through, in or to the Digital Properties, and the use of any Services, are all done at your sole risk and responsibility. You expressly acknowledge that Xola is not liable for (i) any special, indirect, consequential, incidental or punitive damages, costs, or liabilities whatsoever arising out of or resulting from your use of our Services and other aspects of the Digital Properties, including from uploading, posting, providing, storing, using, analyzing, transmitting, sharing and/or allowing access to Personal Identifying Information and other information; or (ii) any loss, disclosure or use of your Personal Identifying Information or other information.

Contact Us
If you have any questions regarding this Privacy Policy you can contact us via postal mail or at legal@xola.com:

Xola, Inc.
Attn: IT Security
67 Langton Street
San Francisco, CA 94103

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