InnerCircle VIP Program - Privacy Policy

 

 

Last Updated: June 25, 2020

1. Introduction

This Privacy Policy describes how XAmplifier LLC will gather, use, and maintain your personal information. It will also explain your legal rights to control our use of that information.

By using the XAmplifier InnerCircle VIP Program, you confirm that you have read and understand this Privacy Policy, and our Terms of Service (together referred to herein as the “Agreement”). The Agreement governs the use of the XAmplifier InnerCircle VIP Program. XAmplifier will gather, use, and maintain information consistent with the Agreement.

 

2. General Terms

In this Privacy Policy:

  • XAmplifier LLC may be referred to as "XAmplifier," “we,” “our,” or “us.”

  • We call a user of the XAmplifier InnerCircle VIP Program a “User,” or collectively, the “Users.”

  • "You" and "your" refer to an individual User of the XAmplifier InnerCircle VIP Program.

  • “Clients” and “partners” refer to third party companies that have chosen XAmplifier InnerCircle VIP Program to track and reward users for referrals, sign-ups, and other reward events.

  • The community platform that we offer at our website (www.XAmplifier.com and local variants including www.XAmplifier.co.uk) is referred to as the “Site.”

  • The platform and related services provided by XAmplifier, the Site and mobile applications (whether on iOS or Android), including without limitation information provided by XAmplifier to potential and actual Users in relation to the services, together are called the “XAmplifier InnerCircle VIP Program.”

  • “Terms of Service” refers to our terms, which can be found at http://www.XAmplifier.com/vip-terms. This Privacy Policy is incorporated into, and considered a part of, the Terms of Service.


3. Users Outside Of The U.S.

3(a) Important Information for Users Outside of the U.S. – Transfer of Data

We primarily store data about you, including personal information, on servers located and operated within the United States. If you reside or are located outside of the U.S., we may send and store your personal information (also commonly referred to as personal data) to the U.S. in order to provide and operate the XAmplifier InnerCircle VIP Program. By accepting the terms of this Privacy Policy, you acknowledge the transfer to and processing of your personal information on servers located in the U.S. and other countries. If your personal information is transferred from the European economic area to XAmplifier located in the U.S., please see the EU-US Privacy Shield section below. Our collection and use of the personal information of U.S. Users in accordance with the U.S. laws related to privacy and use of personal data and information, including what is determined to be “personal data and/or information,” are different and may be less protective than those afforded to EU Users under the GDPR.

3(b) EU-US Privacy Shield

XAmplifier's commitment to comply with the Privacy Shield Principles

XAmplifier is committed to compliance with the EU-US Privacy Shield (as set forth by the U.S. Department of Commerce) regarding the collection, use, and retention of personal information from European Union member countries. XAmplifier has self-certified that it adheres to each of the Privacy Shield Principles:

  • Notice

  • Choice

  • Accountability for Onward Transfer

  • Security

  • Data Integrity and Purpose Limitation

  • Access

  • Recourse, Enforcement, and Liability

If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.

Accountability for onward transfers

The Privacy Shield Principles describe XAmplifier’s responsibility for personal data that it receives from EU residents under the Privacy Shield and subsequently transfers to a third party processor. In particular, if third-party agents that process personal data on XAmplifier’s behalf do so in a manner inconsistent with the Privacy Shield Principles, XAmplifier will remain responsible and liable unless it can prove that it is not responsible for the event giving rise to the damage.

Right of access

You have a legal right to request a copy of the personal information that we have about you. You also have a right to correct, amend or delete such personal information where it is inaccurate or has been processed in violation of the Privacy Shield Principles.

Resolution of disputes and complaint mechanism

In compliance with the Privacy Shield Principles, XAmplifier commits to resolve complaints about your privacy and our collection or use of your personal information. If European Union citizens have any queries related to the processing of your personal information under the Privacy Shield framework, we encourage you to contact us directly in the first instance at: clientsolutions@XAmplifier.com 

Binding arbitration

As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints regarding XAmplifier’s Privacy Shield certification not resolved by any other means

Enforcement

XAmplifier is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).

4. Information Received By XAmplifier

Personal Information XAmplifier collects certain information such as your name, address, approximate geographic location of your computer or mobile device, telephone number, email address, and Client specific questions should you voluntarily choose to share such information with XAmplifier. We do require that you furnish this information when you register with us or a Client, because we need the information in order to provide membership and access to the XAmplifier InnerCircle VIP Program. When you register your account, and through communications transmitted through our Site and your use of the XAmplifier mobile application, we collect information including your name, address, phone number and email address. You also may choose to send XAmplifier personal information in an email message containing inquiries about the XAmplifier InnerCircle VIP Program. Certain offerings of the XAmplifier InnerCircle VIP Program, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do choose to enter them, we will use your data to operate and manage the survey, contest or similar in connection with our legitimate interest in promoting our business and the XAmplifier InnerCircle VIP Program.

Emails  for Referrals

The XAmplifier InnerCircle VIP Program collects email addresses for use in contacting VIP referrals chosen by the user.

The following platforms will allow secure email transfer to XAmplifier based on the choice of the individual VIP member and contacts shared through the third party platform -- please see Privacy policies linked below.

Google Gmail
Yahoo Mail

Cookies and Other Technologies.

When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit, including ours. In a similar way, when you use our mobile applications, we will access and use mobile device IDs to recognize your device. Like many websites, we use “cookies” and equivalent techniques through our mobile applications to collect information. A cookie is a small data file that we transfer to your computer’s hard disk.

We utilize persistent cookies that only XAmplifier can read and use, and access mobile device IDs:

  • to save your login information for future logins to the XAmplifier InnerCircle VIP Program;

  • to assist in processing items during checkout;

  • to hold session information; and

  • to track user preferences.

We utilize session ID cookies and similar technologies:

  • to enable certain features of the XAmplifier InnerCircle VIP Program;

  • to better understand how you interact with the Site and the XAmplifier InnerCircle VIP Program;

  • to monitor usage by our Users and web traffic routing on the XAmplifier InnerCircle VIP Program;

  • to track the number of entries in XAmplifier promotions, sweepstakes and contests; and

  • to identify visited areas of the XAmplifier InnerCircle VIP Program.

Unlike persistent cookies, session cookies are deleted from your computer when you log off from the XAmplifier InnerCircle VIP Program and then close your browser.

Third party advertisers on the Site may also place or read cookies on your browser, and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on the Site to personalize your visit.

You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the XAmplifier InnerCircle VIP Program.

We and our service providers may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the XAmplifier InnerCircle VIP Program and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns, and to compile statistics about Site usage and response rates. We also engage one or more third party service providers to serve online advertisements on our behalf. They may use a “pixel tag” which triggers a cookie to collect information about your visits to the Site and to other websites, and they may use that information and share and combine it with other information with their partners to show you advertisements for goods and services you might be interested in on the Site and on other websites and apps, including by observing the kinds of products and subject-matter you are interested in and certain demographic information about you.

The following table sets out the different categories of cookies that the XAmplifier InnerCircle VIP Program uses and why we use them. The lists of third party cookie providers are intended merely as illustrative not comprehensive:


Type of Cookie

Authentication Cookies

Purpose

These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can customize your experience and connect your account information and settings.

Who Serves (for example)

  • XAmplifier

Type of Cookie

Localization

Purpose

These cookies help provide a localized experience by showing you your local metro area.

Who Serves (for example)

  • XAmplifier

Type of Cookie

Site features and Services

Purpose

These provide functionality that help us deliver products and the XAmplifier InnerCircle VIP Program. For example, cookies help you log in by pre-filling fields. We may also use cookies and similar technologies to help us provide you and others with social plugins and other customized content and experiences, such as making suggestions to you and others.

Who Serves (for example)

  • XAmplifier

  • Facebook

  • Linkedin

Type of Cookie

Analytics and research

Purpose

These are used to understand, improve, and research products and services, including when you access the XAmplifier InnerCircle VIP Program and related websites and apps from a computer or mobile device. For example, we may use cookies to understand how you are using site features, and segmenting audiences for feature testing. We and our partners may use these technologies and the information we receive to improve and understand how you use websites, apps, products, services and ads.

Who Serves (for example)

  • Google Analytics

Type of Cookie

OAuth Platform Access

Purpose

If you so choose to log into your account via social media platform (in lieu of Email / Phone / Password combination) the social media platforms listed to the side will capture data shared by these platforms within respective third party guidelines

Who Serves (for example)

  • Google (Gmail)

  • Facebook

Social Media and Digital Advertising cookies and widgets

  • DoubleClick: Google's Doubleclick re-targeting cookie lets us serve personalized ads to you when you're browsing other websites and social media platforms. You can control ad personalization on Google and partner websites here: https://policies.google.com/technologies/ads?hl=en-GB&gl=uk

  • Facebook Connect: We may allow you to sign up and log in using your Facebook account. If you sign up using Facebook Connect, Facebook will ask your permission to share certain information from your Facebook account with us. This may include your first name, last name, email address, profile picture, and general location in order to create an account. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy which you can find here: https://www.facebook.com/policy.php. You can control the information that we receive from Facebook using the privacy settings in your Facebook account.

  • Facebook Impressions: We use Facebook Impressions to track the number of people that interact with our content on Facebook.

  • Google Sign-in: We may allow you to sign up and log in using your Google account. If you sign up using Google, Google will ask your permission to share certain information from your Google account with us. This may include your first name, last name, email address, profile picture, and general location in order to create an account.

  • LinkedIn Widgets: This tool enables visitors to engage with us via LinkedIn and show visitors relevant ads and personalized content on LinkedIn. To learn more about LinkedIn’s practices and to opt out, please visit https://www.linkedin.com/legal/privacy-policy and https://www.linkedin.com/settings/?tab=account&modal=nsettings-enhanced-advertising.

  • SailThru: Email newsletters you elect to receive from us are transmitted through Sailthru. Sailthru uses pixel tag technology to determine whether an email has been opened. In addition, when you click on any link in an email newsletter or marketing message you have elected to receive, Sailthru recognizes that fact. This information is used in the aggregate to measure the rate at which emails are opened and various links are clicked, to measure user interests and traffic patterns, and to improve the content of the email newsletters and the services and features offered through the email newsletter and marketing messages. Because some of this information is linked to individual email addresses, it is personally identifiable. You can view Sailthru’s privacy policy at http://www.sailthru.com/legal/#privacy.

  • Bing Ads: We use Bings Ads to promote our company online and use the cookies provided by Bing to record completion of a transaction on our website. You can find out more about Bing cookies by visiting this site: https://advertise.bingads.microsoft.com/en-gb/resources/policies/microsoft-bing-ads-privacy-policy

Device Information. When you visit and interact with the XAmplifier InnerCircle VIP Program or the Site, XAmplifier may collect certain information automatically, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type of Internet browser(s) you use, and information about the way you use the XAmplifier InnerCircle VIP Program (“Device Information”). We may use Device Information to monitor the regions from which Users navigate the Site or the XAmplifier InnerCircle VIP Program and for security and fraud prevention purposes. Tools with the goal of anonymizing certain Device Information (like the TOR network) are forbidden on the XAmplifier InnerCircle VIP Program. While we respect your right to hide this information, we believe that doing so is in conflict with the spirit of our platform and our desire to host an open and honest marketplace. Use of such tools hampers the functionalities of the XAmplifier InnerCircle VIP Program.


Location Information. When you visit the XAmplifier InnerCircle VIP Program via a mobile application, we use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a location map to improve service for our Users. We will not share your current location obtained in this manner with other Users. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.


Third Party Information. If you registered through a co-branded version of our XAmplifier InnerCircle VIP Program through one of our Partners (as defined below), they may provide us with basic information such as your name, address, and purchase history related to your referral and rewards needs. Additionally, we may receive additional information about you, such as demographic data, payment information from third party Agents (as defined below) and combine it with other information that we have about you.


Public Areas. Your profile on the XAmplifier InnerCircle VIP Program consists of information about you, questions you’ve answered about yourself, including your email address (“Profile”). The information in your Profile may be visible to Clients and referred friends and family in platform or in email referral requests.


5. XAmplifier's Use of Personal Information

XAmplifier uses Personal Information (including Identity Information and Voluntary Self-Identification Questions) for the following purposes:

  • To operate and make available the XAmplifier InnerCircle VIP Program. We use your data to connect you with other VIP members of your choice.

  • To analyze Site usage as necessary for our legitimate interest in improving the XAmplifier InnerCircle VIP Program to grow our business;

  • To contact you and deliver (via email, SMS, push notifications, or otherwise) administrative notices, marketing notifications, offers and communications relevant to your use of the XAmplifier InnerCircle VIP Program as necessary for our legitimate interests in proper communication and engagement with our Users and in promoting our business;

  • To provide you with customer support in order to fulfill our contracts with Clients

  • To enforce our Terms of Service in our legitimate interests in ensuring our rights are complied with; and, as otherwise set forth in this Privacy Policy.

Advertising. Ads are a standard part of user experience on the Internet, and XAmplifier believes that targeted advertising enhances this experience. XAmplifier may use cookies and other technologies and personal information to place ads where they believe interested parties will see them. In addition to banner ads, XAmplifier may advertise products, companies and events that we think might interest you through the email address you provide. Your choices regarding third party ads are set forth in the Choice/Opt-Out section below. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

Analytics and Market Research. XAmplifier may analyze your information and web navigational data based on your interests, and may use the analysis from this information in a way that doesn’t reveal a name, email address or other "real-world" identity (“Market Analysis”) in order to market the XAmplifier InnerCircle VIP Program, improve the likelihood of a sale to a group of potential Users, and increase the likelihood that a group's experience with the XAmplifier InnerCircle VIP Program is relevant to its interests as a whole, as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

XAmplifier uses information to sell services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

Cell Phone Numbers. XAmplifier may use your cell phone number to call or send recurring text messages to you for marketing purposes (with your consent where required by law), and to administer the XAmplifier InnerCircle VIP Program. You may be liable for standard SMS and per-minute charges by your mobile carrier. XAmplifier may also message you via “Push” messaging, which you can opt-out of on your mobile device. Data rates may apply.



6. With Whom Does XAmplifier Share Information?

We only share the information we collect about you as described in this Privacy Policy or as described at the time of collection or sharing, including as follows:

Third Party Agents. To operate the XAmplifier InnerCircle VIP Program, including processing your transactions, we may share your information with our agents, representatives, contractors and service providers (“Agents”) so they can provide us with support services as follows:

  • Email origination,

  • Fraud detection (currently carried out by our provide Smyte);

  • Receipt or support services,

  • Customer relationship management services,

  • Reward fulfillment (in which we are currently supported by GiftBit who process your information in accordance with their own privacy policy here: https://www.giftbit.com/terms-and-privacy/); and

  • To otherwise help us provide the XAmplifier InnerCircle VIP Program, including all of the things described in the preceding section.

Third Party Partners. Some XAmplifier content is "sponsored by" or "presented by" other companies. If you connect to the XAmplifier InnerCircle VIP Program through a co-branded version of our XAmplifier InnerCircle VIP Program through one of our third party service partners (“Partners”), or otherwise participate in one of our partner programs with such a Partner, we may share information about your use of the XAmplifier InnerCircle VIP Program with that Partner in order to offer the integrated platform and to measure how the partnership performs. We may share your information with our Partners in order to receive additional information about you. We may also share your information with Partners to create offers that may be of interest to you. Please check such Partner’s privacy policy before revealing information about yourself. If you don't want these Partners to have your personal information, you can choose to not participate.


Other Users. XAmplifier facilitates contact between Clients and VIP members and reserves the right to share a member contact information (e.g. phone number, or email and postal address) with a Client and vice versa, or with their legal or other representative, in order to facilitate the resolution of a dispute related to or arising from an interaction between two or more Users of the platform. This exchange of information is a mandatory part of the XAmplifier InnerCircle VIP Program.


Legal Obligations XAmplifier may disclose personal information or User Generated Content, including location data or communication data, to a third party if required to do so by law or pursuant to a court order, warrant or subpoena. XAmplifier reserves the right to disclose personal information from both private and public areas of the Site and the XAmplifier InnerCircle VIP Program in the absence of a court order warrant or subpoena if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or XAmplifier or its partners, parents or affiliates.

It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).

Business Affiliates Finally, XAmplifier reserves the right to transfer, sell and/or distribute all information collected through the XAmplifier InnerCircle VIP Program to an affiliate, subsidiary, or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock. We will require the new entity to follow this Privacy Policy with respect to your personal information, as and to the extent required by applicable law.


7. Choice/Opt-Out

You may opt-out of receiving communications from us and our partners abd choose to not receive future communications related to the XAmplifier InnerCircle VIP Program, or cancel your account by unsubscribing to email touchpoints using the “Unsubscribe” at the bottom of your sign up and subsequent emails

We may occasionally contact you with information about special events, sales, activities, promotions, contests, submission opportunities and programs. You always have the option to ask XAmplifier not to contact you with this information again by unsubscribing to the email or SMS

You can opt out of receiving promotional communications from XAmplifier sent via text message at any time by following the instructions provided in those messages to text the word, "STOP". Please note that your opt-out is limited to the phone number used and will not affect subsequent subscriptions via email or OAuth. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, XAmplifier may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or XAmplifier’s ongoing business relations.

If you receive unsolicited email from a XAmplifier domain, please contact us at clientsolutions@xamplifier.com.

8. XAmplifier's Information Retention Policy

We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

9. XAmplifier’s Security of Collected Information

Your XAmplifier account is password-protected so that only you and authorized XAmplifier staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your XAmplifier account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.

XAmplifier takes reasonable precautions to ensure that your information is secure on its system by backing up data in separate backup drives and using public key access encryption and firewalls on both our main and backup servers. XAmplifier has staff dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing security, and making sure that every XAmplifier employee is aware of our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, XAmplifier cannot guarantee the security of any information you transmit to us, and you do so at your own risk. While XAmplifier will use commercially reasonable efforts to ensure the security of all Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein, and you agree to hold XAmplifier harmless for any damages that may result therefrom. If you have any further questions on this issue, please refer to the Terms of Service.

XAmplifier expressly disclaims any liability that may arise should any other individuals obtain the information you submit to the XAmplifier InnerCircle VIP Program.

10. How Can Users Update Their Information?

You can update your Personal Information at any time by logging in and clicking on the “Profile” button. There you can view, update and correct your account information.

So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children under 18 (UK) or 21 (US) are not allowed to register as Users, we need to take reasonable measures to preserve the accuracy of our Users' ages.

Our databases automatically update any Personal Information you edit in your profile. Information transmitted through sign up, pop-ups, any other means remains in our databases and becomes the property of XAmplifier upon submission.

12. Notification of Changes

XAmplifier's Privacy Policy is periodically reviewed and enhanced as necessary. This Privacy Policy might change as XAmplifier updates and expands the XAmplifier InnerCircle VIP Program. XAmplifier will endeavor to notify you of any material changes by email. XAmplifier also encourages you to review this Privacy Policy periodically. If you do not understand any of the terms or conditions of any of XAmplifier's policies, feel free to contact us at clientsolutions@xamplifier.com.

13. Children’s Privacy and Note to Parents and Guardians

We do not knowingly collect personal information from children under 13 years of age. The XAmplifier InnerCircle VIP Program is not directed to children under the age of 13 and children under 13 are not permitted to use the XAmplifier InnerCircle VIP Program. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will delete or disable such information. If you are a parent or guardian of a child under the age of 13, and you believe that your child has provided us with personal information, please let us know at clientsolutions@xamplifier.com.

14. Contacting Us?

If you have any questions about this Privacy Policy, the practices of the Site, your dealings with the XAmplifier InnerCircle VIP Program, or if you have technical problems, you may contact us at clientsolutions@xamplifier.com

XAmplifier's staff will respond to all requests sent through email from Users and parents of Users with questions about privacy or the types of personal information is stored on the XAmplifier database, or requests to nullify such personal information.