Privacy

XiO Privacy Policy

Thousands Have Lived Without
Love, Not One Without Water

– H. Auden

Effective Date: November 30, 2019

This Privacy Policy applies to the websites (“Site(s)”) owned by or hosted by or on behalf of XiO, Inc., or any of its related, affiliated or subsidiary companies (together, “Company,” “we,” “our,” “us”). We respect your privacy and value your trust and confidence. This Privacy Policy explains how we collect, use, and disclose information through the Sites; provided, however, that certain third party services linked to by the Sites may be subject to their own terms and privacy policies, as indicated therein (“Third Party Terms”). The Sites are governed by the “Terms of Service” at https://xiowatersystems.com/terms-of-use/. ACCESS TO THE SITES IS LIMITED TO UNITED STATES RESIDENTS AGED 18 AND OVER, AS FURTHER PROVIDED BELOW.

WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION OF INDIVIDUALS WHO ARE NOT RESIDENTS OF THE UNITED STATES, NOR FROM CHILDREN UNDER THE AGE OF SIXTEEN (16). BY USING THE SITES, YOU HEREBY CONFIRM THAT YOU ARE A RESIDENT OF THE UNITED STATES AGE SIXTEEN (16) OR OLDER, AND HEREBY THAT YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MUST NOT USE THE SITES.

TYPES OF INFORMATION THAT MAY BE COLLECTED

We may ask you for some or all of the following types of information via the Sites, sign up for email subscriptions, participate in surveys, access various content or features, or directly contact us with questions or feedback:

    • Contact information, such as name, e-mail address, and telephone number; and
    • Demographic information, such as industry.

Such information, if collected, will be voluntarily provided by you through the Sites or through such other third party service providers as we may utilize in the future.

We also may collect certain information automatically when you visit the Sites, including:

    • Your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;
    • Other unique identifiers, including mobile device identification numbers;
    • Your browser type and operating system;
    • Sites you visited before and after visiting the Sites;
    • Pages you view and links you click on within the Sites;
    • Information collected through cookies, pixel tags, Local Shared Objects (as defined below), and other similar technologies; and
    • Standard Server Log Information (as defined below).

We may use cookies, pixel tags, Local Shared Objects (sometimes referred to as “Flash Cookies”), and similar technologies to automatically collect this information. Cookies are small bits of code that are stored by your computer’s web browser and that may automatically identify your browser to the Sites whenever your computer or mobile device is used to visit the Sites. For more information about cookies visit http://www.allaboutcookies.org. Pixel tags are very small images

or small pieces of data embedded in images, also known as “web beacons,” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. Please note that you may need to take additional steps beyond changing your browser settings to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. By using the Sites, you consent to our use of cookies and similar technologies. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies and similar technologies, you may not be able to use certain online products, services or features on the Sites.

USE OF INFORMATION

We may use information that we collect through the Sites for a variety of purposes, including to:

    • Provide you with the products, promotions, services, newsletters, and information you request and respond to correspondence that we receive from you;
    • Contact you via email and otherwise about products, services, and events that we think might be of interest to you;
    • Send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties;
    • Provide, maintain, administer, or expand the Sites, perform business analyses, or for other internal purposes to improve the quality of our business, the Sites, and other products and services we offer;
    • Customize and personalize your use of the Sites;
    • As otherwise described to you at the point of collection or pursuant to your consent, or otherwise in the Terms of Service.

We may use your non-personal information (including personal information that has been de-identified and/or aggregated) for any reason at our sole discretion.

SHARING OF INFORMATION

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

    • Service Providers: We may share your information with service providers and subcontractors that perform certain functions or services on our behalf (such as to host the Sites, provide services, manage databases, perform analyses, develop our Sites, or send communications for us).
    • Licensees and Their Subsidiaries and Affiliates: We may share your information with our owners and licensees or any of our/their affiliates.
    • Third Party Ad Serving and Audience and Traffic Measurement Services: We may use third parties to serve advertisements on the Sites. These third parties may set their own cookies or similar web technologies to collect information about users’ online activities over time and across different websites and/or apps. You may opt out by sending an email to info@xiowater.com.
    • Business Transfer: If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction.
    • Administrative or Legal Process: We may disclose your information to third parties in order to protect the legal rights, safety, and security of our organization, our corporate affiliates, subsidiaries, business partners, and the other users of our Sites; enforce our Terms of Use; respond to and resolve claims or complaints; prevent fraud or for risk management purposes; and comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity, whether or not legally required.
    • Non-personal Information: We may share non-personal information (including personal information that has been de-identified and/or aggregated), such as demographic and usage statistics, with advertisers, sponsors, or other third parties for any reason at our sole discretion.

We may also allow third parties to place and read their own cookies, pixel tags, Local Shared Objects, and similar technologies to collect information through the Sites. For example, our third party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics.

LINKS TO OTHER SITES

The Sites may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites / apps / services, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to this third party content. We are not responsible for the privacy policies, practices, or content of such other websites, apps, or online services. We encourage you to review the privacy policies of these third party websites, apps, or services. We disclaim any responsibility for any Third Party Terms, and you are solely responsible for compliance with such Third Party Terms.

SECURITY

We have adopted reasonable and appropriate security procedures to help protect against loss, misuse, and unauthorized access to the information you provide to us. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to the Sites and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information during transmission, for example, across the Internet.

AGE RESTRICTIONS

Access to the Sites is limited to residents of the U.S. age of sixteen (16) or over, and certain parts of the Sites, such as our mailing list are limited to U.S. residents age eighteen (18) and over. We do not knowingly collect, use, or disclose personal information from persons under the age of sixteen (16). If we are made aware we have collected personal information from a child under sixteen (16) years old in a manner that is inconsistent with the Children’s Online Privacy Protection Act, we will delete this information as soon as possible.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy at any time. Your continued use of the Sites after any modification to the Privacy Policy will constitute your acceptance of the new terms. If we make any material changes we will notify you by email, if you joined our mailing list, or by means of a notice on the Sites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.  IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SITES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

OPT-OUT/RETENTION

You may receive promotional emails, newsletters, and similar communications from us. You may opt out of receiving commercial emails from us by clicking on the opt-out or “unsubscribe” link included in the commercial emails you receive or, if such functionality is enabled in the Sites, by notifying us at info@xiowater.com. Please note that opt-out requests may take some time to be effective. Your opt-out will not apply to messages that you specifically request or messages that are not commercial in nature.

We will retain your information for as long as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about our Privacy Policy for California Residents, visit https://xiowatersystems.com/privacy-CA/.

CONTACT US

If you have any questions about this Privacy Policy or the privacy practices of the Sites, please contact us by email at info@xiowater.com with a subject of “Privacy Policy,” calling us at (415) 462-1300, or writing us at:

Attention: General Counsel

XiO, Inc.

100 Smith Ranch Road, Suite 120 San Rafael, CA, 94903