Last updated: 1st May of 2023
I. Introduction
At XAPE, we are committed to protecting the privacy and security of our customers and visitors to our website. This Privacy Policy (“Policy”) outlines our data collection, usage, and disclosure practices, as well as the steps we take to safeguard your personal information. By using our website, products, or services, you consent to the data practices described in this Policy. Please read this Policy carefully to ensure that you understand how we collect, use, and protect your personal information.
II. Scope of this Privacy Policy
This Policy applies to all personal information collected, processed, and stored by XAPE through our website, products, and services. It covers our practices in relation to the personal information we collect both online and offline, as well as information we may receive from third-party sources. This Policy does not apply to information collected by third-party websites or services that may be linked to or accessible from our website.
III. Information We Collect and How We Use It
A. Personal Information
Personal information refers to any information that can be used to identify, locate, or contact an individual, either directly or indirectly. We collect and process personal information in the following ways:
Information You Provide to Us
We collect personal information that you voluntarily provide to us when you visit our website, create an account, purchase products or services, sign up for our newsletter, participate in promotions or surveys, submit inquiries, or otherwise interact with us. This information may include your name, email address, mailing address, telephone number, date of birth, and other personally identifiable information.
We use this information to:
- Process and fulfill orders for products and services.
- Respond to inquiries and provide customer support.
- Personalize your experience on our website, such as by displaying content tailored to your interests.
- Communicate with you about promotions, updates, and other marketing-related information.
- Conduct research and analysis to improve our products and services.
Information We Collect Automatically
When you visit our website or use our products and services, we may automatically collect certain information about your device, browsing behavior, and interactions with our website. This information may include your IP address, browser type, operating system, device identifiers, referring and exit pages, pages viewed, and other usage data.
We use this information to:
- Monitor and analyze trends, usage, and activities on our website.
- Improve our website, products, and services, and ensure they are functioning properly.
- Detect, prevent, and respond to security incidents and potential fraud.
- Enhance and maintain the security of our website and systems.
B. Non-Personal Information
Non-personal information is information that cannot be used to identify, locate, or contact an individual, either directly or indirectly. We may collect and process non-personal information in the following ways:
Aggregated Information
We may aggregate personal information to create non-personal, statistical data. This aggregated information may be used for various purposes, such as to analyze usage patterns, improve our website, products, and services, and to generate reports and other business-related insights.
Cookies and Other Tracking Technologies
We use cookies and other tracking technologies, such as web beacons and pixel tags, to collect information about your interactions with our website, products, and services. These technologies help us to remember your preferences, customize your experience, and analyze the effectiveness of our marketing campaigns.
You can control the use of cookies by adjusting your browser settings. However, please note that if you choose to disable cookies, some features of our website, products, and services may not function properly or may be unavailable.
C. Information We Obtain from Third Parties
We may obtain personal information from third-party sources, such as marketing partners,
data providers, and social media platforms. This information may include your name, email address, demographic information, interests, and online activity data. We may use this information to supplement the information we collect directly from you and to personalize your experience on our website, as well as to inform our marketing efforts.
IV. Disclosure of Your Personal Information
A. Sharing with Third Parties
We may share your personal information with third-party service providers who perform functions on our behalf, such as payment processing, data storage, email and marketing services, and customer support. These service providers are contractually obligated to maintain the confidentiality and security of your personal information and are restricted from using your personal information for any purposes other than providing services to XAPE.
B. Legal Requirements and Law Enforcement
We may disclose your personal information if we believe it is necessary to:
- Comply with applicable laws, regulations, legal processes, or government requests.
- Enforce our Terms of Service or other agreements.
- Protect the rights, property, or safety of XAPE, our customers, or others.
- Prevent, investigate, or respond to suspected illegal activities, fraud, or threats to the security of our website, products, and services.
C. Business Transfers
In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, we may transfer or share your personal information with a third party as part of that transaction.
V. Data Retention and Security
A. Data Retention
We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, to comply with our legal obligations, and to resolve disputes and enforce our agreements. We may retain non-personal information indefinitely for research, analysis, and other business-related purposes.
B. Data Security
We implement reasonable administrative, technical, and physical safeguards to protect your personal information from unauthorized access, disclosure, alteration, or destruction. These security measures include firewalls, encryption, access controls, and secure data storage. However, please be aware that no data transmission or storage system can be guaranteed to be 100% secure, and we cannot ensure or warrant the absolute security of any information you transmit to us.
VI. Your Rights and Choices
A. Access, Correction, and Deletion of Personal Information
You have the right to access, correct, or delete your personal information held by XAPE. To exercise these rights, please contact us at [email address]. We will respond to your request within a reasonable timeframe and in accordance with applicable laws.
Opt-Out of Marketing Communications
You may opt-out of receiving marketing communications from us by following the unsubscribe instructions included in each communication or by contacting us at [email address]. Please note that even if you opt-out of marketing communications, we may still send you non-promotional, service-related communications, such as order confirmations, shipping notifications, or account-related information.
VII. Special Cases
California Privacy Rights Act (CPRA)
Although XAPE primarily operates in Colorado, we recognize and respect the privacy rights of California residents as outlined in the California Privacy Rights Act (CPRA). While the CPRA may not directly apply to our operations, we are committed to maintaining the highest privacy standards and applying best practices to ensure the protection of personal information for all our customers, regardless of their location. If you are a California resident and would like to learn more about your specific rights under the CPRA, or if you have any questions or concerns regarding our privacy practices, please do not hesitate to contact us at [email address]. We will strive to provide the necessary information and assistance to address your concerns in a timely and efficient manner.
California Online Privacy Protection Act (CalOPPA)
Although XAPE is based in Colorado and does not operate in California, we acknowledge the importance of the California Online Privacy Protection Act (CalOPPA) in shaping privacy best practices and promoting transparency in the handling of personal information. CalOPPA requires commercial websites and online services to post a privacy policy that clearly and conspicuously discloses their data collection, use, and sharing practices, as well as provides users with the ability to exercise certain privacy rights. While CalOPPA may not directly apply to our operations, we strive to uphold its principles by maintaining a comprehensive and transparent Privacy Policy, which is readily accessible on our website. We believe in empowering our customers with knowledge and control over their personal information, regardless of their location. If you have any questions or concerns regarding our privacy practices or compliance with CalOPPA, please feel free to contact us at [email address], and we will do our best to address your concerns and provide any additional information as required.
General Data Protection Regulation (GDPR)
As a business operating in the European Union, specifically in Germany, Austria, and Switzerland, XAPE is fully committed to complying with the General Data Protection Regulation (GDPR). The GDPR is a comprehensive data protection law that aims to strengthen the privacy rights of individuals within the EU and ensure the responsible handling of personal information by businesses. In accordance with the GDPR, we have implemented a range of measures to ensure that the personal information of our EU-based customers is processed lawfully, fairly, and transparently. These measures include obtaining explicit consent for data collection and processing, providing clear and accessible information about our data practices, and implementing appropriate security measures to protect personal information from unauthorized access or disclosure. Furthermore, we respect the rights of our EU customers to access, rectify, erase, or restrict the processing of their personal information, as well as their right to data portability and the right to object to certain types of data processing. If you are an EU resident and have any questions or concerns about your rights under the GDPR or wish to exercise any of these rights, please contact us at [email address], and we will promptly address your request in accordance with the applicable regulations.
Personal Information Protection and Electronic Documents Act (PIPEDA)
Although XAPE primarily operates in the United States, we recognize the significance of the Personal Information Protection and Electronic Documents Act (PIPEDA) in establishing data protection standards for businesses operating in Canada. PIPEDA is a federal privacy law that sets guidelines for the collection, use, and disclosure of personal information in the course of commercial activities. While PIPEDA may not directly apply to our operations, we are committed to upholding its principles and promoting responsible data practices across all our business activities. In accordance with PIPEDA, we ensure that our customers are informed of the purposes for which their personal information is being collected and that their consent is obtained before any such collection, use, or disclosure occurs. We also take appropriate measures to safeguard personal information and ensure its accuracy, as well as provide our customers with the ability to access, correct, or delete their personal information held by us. If you have any questions or concerns regarding our privacy practices in relation to PIPEDA, please contact us at [email address], and we will be happy to address your concerns and provide any additional information as necessary.
VIII. Children’s Privacy
Our website, products, and services are not intended for use by children under the age of 13. We do not knowingly collect personal information from children under the age of 13. If we become aware that we have collected personal information from a child under the age of 13, we will take appropriate steps to delete that information.
IX. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or applicable laws. When we make changes to this Policy, we will revise the “last updated” date at the top of this Policy. Your continued use of our website, products, and services following the posting of changes constitutes your acceptance of such changes.
X. Contact Us
If you have any questions or concerns about this Privacy Policy or our data practices, please contact us via our web-form