EFFECTIVE DATE: 3/1/2021
Unless we define a term in this Policy, all capitalized terms used in this Policy have the meaning provided in our Terms of Service (“Terms of Service”), which you can view here [https://xsitebunny.com/terms-of-service]. Please make sure that you have carefully read and understand the Terms of Service before you use our Services.
By using our Services, you accept the Terms of Service and accept our privacy practices described in this Policy. If you do not feel comfortable with any part of this Policy or our Terms of Service, you must not use or access our Services.
We may modify this Policy from time to time. The date of change will be shown next to “Effective Date” at the top of this page. We encourage you to read this Policy periodically to ensure you have up-to-date knowledge of our privacy practices. Whenever material changes to this Policy are made, we will provide you with notice before the modifications are effective by sending a message to the email address associated with your account. By continuing to access or use the Services after changes to this Policy become effective, you agree to be bound by the revised Policy. If any changes are unacceptable to you, you may stop using our Services at any time.
If you are an European Economic Area (“EEA”) resident, this whole Policy applies to you. However, EEA residents should see Section 11 below, which will inform you in detail about the Personal Information we process, how we process it, for which purposes we process it, with whom we share it, on what legal basis we process and transfer your Personal Information and which rights you have regarding the processing of your Personal Information.
1. Personal Information We Collect
We collect Personal Information when you use our Services, create an account with us or submit Personal Information to us. Personal Information is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular individual or household, including, but not limited to, a first and last name, email address, a home, postal or other physical address, and phone number. The types of Personal Information that we may collect about you are:
a. Information You Provide to Us
We collect information you give us when you register with us for a XSite Bunny account, when you post or otherwise use our Services, when you participate in surveys or promotional activities, or when you otherwise choose to submit your information to us.
• When you sign up for an account, we may collect your name, home address, email address, date of birth, passport or other government issued ID, and payment processing information. We may also ask you to provide us with some additional information that will be publicly visible on our services, such as profile pictures, a profile name or other useful identifying information.
• When you provide, post or upload information to our Services we may collect your profile name, name or other information you choose to provide, including information included in such postings.
• When you use our Services, such as logging into your account, we may collect your name, address, profile name to verify your identity and provide Services to you.
• From time-to-time, we invite Users to volunteer to participate in surveys or other outreach activities. When a user participates, we request certain Personal Information such as name and email address. Depending on the nature of the survey or outreach we use this information to follow-up with the participants.
b. Communications from You
When you use our Services (for example on our Website), complete electronic forms, or contact us, by online chat, email, phone or text, we may collect and store certain information about you and the activity you engaged in, for example: your name and contact information; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction; and the action we took in response to your inquiry or request.
c. Information from Others.
When using our Services, you and other Users may post content that includes information about you (as part of posts or comments) on our Services. We also may receive certain information from our third- party vendors in order to verify your use of the Services.
d. Information Related to Your Use of the Services
We may automatically collect information about your use of the Services (we refer to this information as "Usage Data"), including information sent by your mobile devices. For example, we may collect:
• Device information, such as your hardware model, IP address (the Internet address of your computer), unique device identifiers, and other information such as your browser type and operating system.
• Website usage information regarding web page traffic patterns and activity. This may include the web page that you were visiting before accessing our Website or mobile application and the pages or features of our Website or mobile application you browsed to inform us which part of our Services you visit and how much time you spend there.
• Information about the content you create on our Services, such as custom stickers, photos, videos, text, what part of the content was viewed and the metadata that is provided with the content.
e. Information Sent by Your Mobile Devices
We collect certain information that your mobile devices send when you use our Services, such as a unique identifier, user settings and the operating system of your device, as well as information about your use of our Services on your mobile device.
f. Location Information
When you use our online Services, we may collect and store information about your general location by converting your IP address into a rough geo-location. We may also access your mobile device’s GPS coordinates or course location, but only if you have previously agreed that we can collect this information by allowing the sharing of your location information. If you do not want us to have your location information, you may disable the location sharing feature on your device or browser.
2. Cookies and Other Tracking Technologies
A "cookie" is a small data file that certain websites write to your computer or smart device when you visit them. A cookie can't read data off your hard disk or read cookie files created by other websites. We use session cookies that are deleted when you leave our Website and close your browser, and persistent cookies that can remain even after you leave. A cookie file can contain information such as a user ID that the website uses to track the pages you've visited. The cookies that are configured by our Website do not contain directly identifying information, such as your name or credit card number.
Generally, we use first-party cookies for the following purposes:
to make our Services function properly;
to provide a secure browsing experience during your use of our Services;
to collect passive information about your use of our Services;
to measure how you interact with our marketing campaigns;
to help us improve our Services; and
to remember your preferences for your convenience.
Types of Cookies on Our Services. We use the following types of cookies on our Services:
• Strictly Necessary Cookies - These cookies are essential because they enable you to use our Services. For example, strictly necessary cookies allow you to access secure areas on our Services. Without these cookies, Services cannot be provided. These cookies do not gather information about you for marketing purposes. This category of cookies is essential for our Services to work and they cannot be disabled.
• Functional Cookies - We use functional cookies to remember your choices so we can tailor our Services to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name and location. We do not use functional cookies to target you with online marketing. While these cookies can be disabled, this may result in less functionality during your use of our Services.
• Performance or Analytics Cookies - These cookies collect passive information about how you use our Services, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Services. We do not use these cookies to target you with online marketing. You can disable these cookies.
• Third-Party Cookies - These are cookies that are provided by third-party service providers and belong in one of the cookie categories described above. These third-party providers process your Personal Information on our behalf pursuant to our instructions and obligations consistent with this Policy.
How to Manage Cookies. Depending on whether you would like to manage a first-party or third-party cookie, you will need to take the following steps:
• First-Party Cookies - If you prefer not to receive cookies while browsing our Website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by changing the settings in your browser. You do not need to have cookies turned on to use and navigate through many parts of our Website, although if you block or disable the cookie functions, you may not be able to access all portions or features of the Website and the Services. Please follow instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings) to disable first-party cookies.
b. Web Beacons
Web Beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Website to deliver or communicate with cookies, in order to track and measure the performance of our Website and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s device, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
c. Analytics Technologies
d. Interest-Based Advertising
We use information collected about a User’s use of our Services to arrange for advertisements about our Services to be served to the user on third party’s websites. To do so, our advertising service providers may implement pixel tags. Please visit the Network Advertising Initiative for more information about this practice and to learn about your choices. Users may opt-out of receiving interest-based advertising. The opt-out may be provided through specific opt-out cookies. Please visit the following Your Ad Choices and the Network Advertising Initiative to learn more.
e. Mobile Applications
Depending on your permissions, we may receive your Personal Information from your internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting Your Ad Choices. To end all targeting on a mobile device immediately, turn on “Limit Ad Tracking” in the device settings. To limit Ad Tracking on an Apple device, please see here. To limit Ad Tracking on an Android device, please see here.
f. Social Media
Depending on your permissions, we may receive your Personal Information from your social media accounts. You can edit or remove Personal Information usage permissions by using privacy settings on your social media account. Click below for instructions on how to change or remove third party access on each platform:
3. How We Use Your Personal Information
We will only use your Personal Information as described in this Policy or otherwise through your informed consent.
a. To Provide Our Services to You
We will use your Personal Information to provide information or perform Services that you request. We may use general location information to improve and personalize our Services to you, such as providing location-relevant information and Services to you. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable information to the third party providing the information or performing the applicable Services. Your information may be available or provided to third-party service providers who are contractually obligated to protect your information as disclosed in this Policy. In the preceding twelve (12) months, we have not sold any Personal Information to any third party.
b. For the Operations and Administration of Our Business
We will use your Personal Information for the purposes of furthering our business, including creating, operating, delivering, maintaining, and improving our content, products, and Services. We may monitor how our users use our Services including without limitation time spent using our Services, pages visited, and content viewed. Aggregated forms of this data may also be used for research and development purposes in order to offer new features, functionalities, products and services.
c. For Business Analytics Purposes
We analyze, and may engage third parties to analyze, your Personal Information and Usage Data to determine the usefulness of our Website, mobile app, and other elements of the Services. Analytics help us determine how effective our navigational structure is in helping users reach the information they seek, completing the task they wish to complete, etc., and to tailor features and functionalities to our users’ needs and preferences.
d. For Our Own Marketing Purposes
Marketing lets us grow our community and update you about new products and services. We process your contact information or information about your interactions on our Services to: send you marketing communications and keep you updated about our products and services; provide you with informational content; and deliver targeted marketing to you. We may periodically send you free newsletters and e-mails that directly promote our Services, and that we believe may be of interest to you. When you receive such promotional communications from us, you will have the opportunity to "opt-out" (either through your account or by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain administrative and transactional communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Services, this Policy, or information about billing and renewals, among others.
e. To Provide Customer Support or Respond to You
We collect information that you provide to us when you contact us, such as with questions, concerns, feedback, disputes or issues, so we can address your needs and support your use and enjoyment of the Services.
f. For Account and Network Security Purposes
We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, log-in information, activity information and other relevant information to proactively manage privacy and security risks. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.
g. To Enforce Compliance with Our Terms and Agreements or Policies
When you access or use our Services, you are bound to our Terms of Service and this Policy. To ensure you comply with them, we process your Personal Information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your Personal Information to investigate, prevent or mitigate violations of our Terms of Service, agreements or policies.
4. Information Sharing and Disclosure
Your Personal Information is not shared with third parties without your permission, except as described below.
a. Information Shared through our Services
When using our Services, your profile will be visible to Users, including your profile picture, if any. Further, our Services allow for the uploading, viewing and sharing of information. For example, when you upload User Content or comment on it, that information, including any Personal Information included therein, can be viewed by your Members. We recommend that you do not post on or through the Services any information that you do not want to make available to other Users or the public generally.
b. Information Shared with Our Employees, Services Providers
We may engage employees and third-party services providers to work with us to administer and provide the Services or to promote our Services (e.g. payments, security checks, analysis, development, and customer support). These employees and third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.
c. Information Disclosed in Connection with Business Transactions
d. Information Disclosed for Our Protection and the Protection of Others
We cooperate with government and law enforcement officials to enforce and comply with the law. We may disclose information about you to government or law enforcement officials as we, in our sole discretion, believe necessary or appropriate: (i) to enforce our Terms of Service, (ii) to respond to claims and legal process (including subpoenas); (iii) to protect the property, rights and safety of a third party, our users, or the public in general; (iv) to protect our property, rights and safety; (v) to stop any activity that we consider fraudulent, illegal, unethical or legally actionable; and (vi) as required by applicable local, state or federal laws.
5. Data Security
We safeguard the security of the information you provide to us with physical, electronic, and administrative procedures. For certain features of our Services we use industry-standard SSL-encryption to enhance the security of data transmissions. Your account information is password-protected for your privacy and security. While we strive to protect your information, we cannot guarantee the security of the Internet, and cannot ensure the security of the information that is transmitted through the Internet.
Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us at firstname.lastname@example.org. If your payment processing information, username, or password is lost, stolen, or used without permission, please promptly notify us at email@example.com and we will assist you in updating your account details.
We recommend that you do not post on or through the Services any information that you do not want to make available to other users or the public generally. You assume all responsibility for any loss of privacy or other harm resulting from information you post publicly.
6. Responding to Do Not Track Signals
We do not currently respond to web browser “do not track” signals or other mechanisms that may allow you to opt-out of the collection of information across networks of websites and online services as there is no standard for how online services should respond to such signals. As standards develop, we may develop policies for responding to do-not-track signals that we will describe in this Policy.
7. Children and Privacy
Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of 18. If we learn that a child under the age of 18 has provided Personal Information through the Services, we will use reasonable efforts to remove such information from our files and servers.
8. Links to Third Party Sites
We may contain links to other sites that are owned or operated by third parties. We are not responsible for the content, privacy or security practices of any third parties. To protect your information, we encourage you to learn about the privacy policies of those third parties.
9. Our Social Media Usage
We have accounts on social media platforms through which we may post information or conduct promotional activities. If you use social media to follow us or interact with us, we may collect Personal Information you choose to share with us. Please understand your use of the social media services may result in the collection or sharing of information about you by those social media services. We have no control over, and decline all responsibility for, the use of your personal data by these third parties. Your use of social media, including your interactions with us on social media, are at your discretion. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand how your information may be collected, used, and shared by those social media services.
10. Your Choices
a. Account Information
You may update certain account information you provide to us (such as your password, name and email address) by logging into your account or contacting us through at firstname.lastname@example.org. If you wish to disable your account, please contact us at email@example.com, but note that we retain certain information when required or permitted by law. We also retain cached or archived copies of information about you for a certain period of time.
b. Promotional Communications
You may opt-out of receiving promotional emails from XSite Bunny by following the instructions in those emails or by logging into your account. If you opt-out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
c. Mobile Push Notifications/Alerts
With your consent, we send promotional and other push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
11. International Transfer
Your information is stored on controlled servers with limited access and may be stored and processed in the United States or another country where our service providers are located. If you are located outside the United States and choose to provide your Personal Information to us, please note that we may transfer your Personal Information to the United States or another country where our service providers are located, and such countries may not provide the same data protection. Those who choose to access and use the Services from outside the United States do so on their own initiative, with this understanding.
a. Legal Basis for Processing
When we process your Personal Information, we will only do so in the following situations:
• As necessary to perform our responsibilities under our contract (Terms of Service) with you (like processing payments and providing the Services you have requested);
• When we have a legitimate interest in processing your Personal Information, including to communicate with you about changes to our Services, to help secure and improve our Services (including to prevent fraud) and to analyze use of our Services;
• As necessary to comply with our legal obligations; and
• When we have your consent to do so.
b. Data Retention
We retain Personal Information for no longer than is necessary for the purposes for which it is processed, unless applicable law requires storage for
a longer period of time.
c. Data Subject Requests
Subject to certain limits and conditions provided under law, you have the following rights:
• You have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, erased, or made available in a portable form.
• You also have the right to object to certain processing (like receiving direct marketing), or request that we restrict processing in certain circumstances (like to retain but not further process pending resolution of a claim).
• When we ask for your consent, you may withdraw that consent at any time.
• You have the right to file a complaint regarding our data protection practices with a supervisory authority. Please see this directory for contact details: https://edpb.europa.eu/about-edpb/board/members_en. If you are in Switzerland, please visit this FDPIC site for contact details: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html. If you are in the United Kingdom, please see this site for contact details: https://ico.org.uk/global/contact-us/.
If you would like to exercise any of these rights and can't do so directly via the Services or your device, you may contact us as indicated below.
12. This section applies only to California residents.
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws (together “California Laws”), below is a summary of the Personal Information we collect as a business in the preceding 12 months, the reason we collect your Personal Information, where we obtain the Personal Information we collect about you, and the third parties that we share your Personal Information. The section references relate to the sections above in this Policy.
a. Information We Collect
We collect the following categories of Personal Information as described in Section 1 (Personal Information We Collect):
• Identifiers, such as name, email address, ID, phone number, and IP address.
• Commercial information, such as records of purchases and payment information.
• Internet or other electronic network activity information, such as log data and information about the devices and computers you use to access the Services.
• Geolocation data, such as IP address information, where you have allowed access to that information.
• Electronic, visual, or similar information, such as photos.
• Other information you provide, such as responses to surveys or messages to customer service.
• Inferences drawn from any of the above, including about the content that may be of interest to you.
b. California Residents Rights
Under California Laws, California residents have the following rights (“Rights”) listed below. Your Right to Know and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.
• Right of Know. You have the right to know the Personal Information we collect, use, disclose, and sell about you. You have the right to request in writing from us a copy of the categories of Personal Information we have collected about you, the categories of sources from which we collected that information, why we collected that information, the categories of third parties with whom we shared your Personal Information, the categories of Personal Information that we disclosed about you for a business purpose, and the specific pieces of Personal Information we have collected about you.
Please note that we are only required to respond twice per calendar year to your Rights to Know.
• Right to Deletion. You have the right to request that we delete any Personal Information we have collected from you or maintain about you. However, we are not required to comply with such requests if it is necessary for us or our partners to maintain the Personal Information in order to:
o Complete the transaction for which the Personal Information was collected;
o Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity;
o Debug to identify and repair errors that impair existing intended functionality;
o Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
o Comply with the California Electronic Communications Privacy Act;
o Comply with a legal obligation; or
o Use Personal Information internally in a lawful manner that is compatible with the context in which a California resident provided the information and is reasonably aligned with the expectations of the resident based on the resident’s relationship with the business.
• Right to Opt-Out of the Sale of Your Personal Information. If a business sells your Personal Information you have the right to opt-out of having your Personal Information sold. We do not sell any of your Personal Information.
• Right to Non-Discrimination. We will not discriminate against those who exercise their Rights. Specifically, if you exercise your Rights, we will not deny you goods or services, charge you different prices or rates for goods or services or provide you a different level or quality of goods or services.
c. Asserting Your Rights
You may exercise your right to know by submitting your request to firstname.lastname@example.org . If you would like to exercise your right to deletion, please submit your request to email@example.com and make the request known in the subject line. Alternatively, you can contact us with your request at firstname.lastname@example.org. We may ask you for certain information or require email verification to verify your identity. If we cannot verify your identity from the initial information you provide, we may request additional information from you, which will only be used for the purposes of verifying your identity and for security or fraud-prevention purposes. In some instances, we may ask you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. We will delete any new Personal Information collected for the purposes of verification as soon as practical after processing your request, subject to legal retention requirements.
You may designate an authorized agent to make a request to know or a request to delete. We will respond to your authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.
13. Contact Us
If you have questions or concerns about our collection, use, or disclosure of your Personal Information, please email us at email@example.com. Or write to us at:
XSite Bunny LLC Legal Department,
5830 E. 2ND STREET SUITE 8