Xcite and Privacy

THE HIGHLIGHTS

Xcite Interactive (“we” or “XI”) are committed to complying with data protection legislation, including the data protection regime introduced by the General Data Protection Regulation (EU Regulation 2016/679). This privacy notice contains information on what personal data we collect, what we do with that information, and what rights you have. Please read this Privacy Policy carefully before using this website, application, or any other Xcite Interactive product or service.

THE DETAILS

INTRODUCTION

Xcite Interactive respects your privacy and we are committed to protecting it through our compliance with this Privacy and Security Statement. XI is the organization that produces and publishes the mobile applications (e.g., XEO) available from third party application storefronts (“Application(s)”), mobile games available from third party application storefronts (e.g., Pop-A-Shot, Shuffle, Bingo, etc.) (“Mobile Games”), games and other applications available from third party social media locations and gaming websites, (“Social Games” and together with Mobile Games, “Games”).

This Privacy Policy is applicable to this Website, Applications, Games and all products and services provided and/or distributed (whether via this Website or elsewhere) by XI which links to this Privacy Policy, all of which will be referred to herein collectively as the “XI Properties” and individually as an “XI Property.”

Where used in this Privacy Policy, “XI Partners” means those teams/companies who have contracted with XI for use of a product or service. This Privacy Policy describes what information we collect via the XI Partners, how we may use that information, when and to whom it may be disclosed, and the choices we offer for you to manage the personal information we collect related to your use of the XI Partners. This Privacy Policy does not apply to the collection of information from you by XI Partners offline (e.g., when you provide information over the phone or on a paper form). Certain XI Partners offline privacy practices may be available for review within their venues or on their individual websites. The XI Partners may link to services or properties operated by third parties which are not subject to this Privacy Policy.

You should familiarize yourself with the privacy practices of any third party whose services or properties you utilize and direct any concerns regarding any such third-party property to the administrator of the applicable property.

  1. Personal Information We Collect
  2. How, and for What Purpose, We Use and Share Your Personal Information
  3. Other Information Collected
  4. Other Circumstances When Your Data May Be Shared
  5. Transferring Your Personal Information Across Borders
  6. Managing Your Personal Information
  7. Your California Privacy Rights
  8. Other Information; Contact Us

1. Personal Information We Collect

We collect personal information that you choose to provide.

Information collected from forms on our websites and mobile applications. This includes information provided at the time of registering to use portions of our websites and mobile applications or our products and services, posting material, or requesting further services. We may ask you for information when you report a problem with our websites and mobile applications, products, or services.

You may visit and enjoy many elements of the XI Properties without disclosing any personal information about yourself. However, if you choose to make use of select, special or enhanced elements of the XI Properties, you may need to share with us certain personal information so those elements may function properly. When you use certain enhanced elements within the XI Properties (e.g., create a profile, register for a promotion, enter a sweepstakes, play a game or publish a comment) the personal information we collect may include, but is not limited to:

· Full name,

· Email address,

· Password,

· Street address,

· Telephone number(s),

· Birth date,

· IP addresses,

· Location data,

· Contacts (as stored in your wireless device),

· Demographic data

· Device data,

· Usage data,

· Voice recordings,

· Information about your interests and preferences,

· Data specifically requested in relation to an activity or an event (e.g. emergency contact information); and

· Data provided by third parties if you choose to connect your use of our services through a third-party service.

If we collect your information, in most instances, the applicable page(s) or location(s) within the XI Property will include statements regarding what information is required and functionality for you to submit required or requested information.

2. How, and for What Purpose, We Use and Share Your Personal Information

If you submit personal information to us, or to any third party acting on our behalf (a “Service Provider”), via XI Properties, we may use and share your information as set forth in this Privacy Policy, as disclosed when you first submit your information or as otherwise permissible under applicable law. We will not sell, lease, publish or share your personal information with or to anyone else, except as set forth in this Privacy Policy. We may use and share your personal information as described in Section 1 above and:

· To provide you with information you have requested, or with products, services or content you have used or otherwise engaged with (e.g., a sweepstakes, rewards program, subscription to goods or services, etc.) and to communicate with you (including via electronic mail) about the same;

· To communicate with you about applicable to your interactions with the XI Partners and about products, services, sponsors, partners or affiliates related to rules or terms to which you have agreed, to the extent the sending of such communication is permissible under applicable law;

· In connection with loyalty, membership or rewards programs operated or accessible from the XI Properties;

· When the personally identifying components of your information are removed, we may use and share such anonymized information for internal purposes amongst XI Partners (e.g., to learn about the age distribution of our users);

· In accordance with any other permission you provide at the time you submit such information to us; and

· To provide your personal information to other XI Partners where necessary for the purposes set out in this policy.

For customers in the EEA, we are required to give you information about the legal basis on which we process your personal information. In some cases, such as where you have consented to play a game or entered into a sweepstakes, the processing of your personal information will be necessary in order to perform a contract with you to receive prizing. In many other cases, the processing will be necessary for the purpose of legitimate interests we are pursuing, namely the facilitation of the purposes for which your personal information is processed as set out above.

3. Other Information Collected

Technical Information. When you use the XI Properties, we use software tools, including but not limited to cookies (small amounts of data which include a unique string of characters sent to your browser or application from a website’s computers and stored on your computer’s or device’s hard drive), web beacons (technology used to track activity, also known as pixel tags) and similar technologies, to collect a variety of information, for example the IP address of the computer or device used to access an XI Property, the type of Internet browser or operating system used to access an XI Property, the date and duration of a Website visit or the IP address used to access the Website. We use such technical information for internal purposes, for example to study and improve the response times of our Properties. We may associate such technical information with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. Please be advised that associating technical information with personal information may be required for us, and our Service Providers, to recognize you and your communications with us, for example to retain your newsletter preferences or enable your use of a game. Customers within the EEA will be asked for consent prior to the setting of cookies.

Location Data. When you use an XI Property via a wireless device we may solicit your permission to collect your location data. Some features within our Applications (e.g., live XI Partner games or location-based offers) may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g., laptop, smartphone, tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our Applications, we may collect location data (e.g., zip code) periodically as you use or leave open our Applications. We use such location information for internal purposes and to improve your XI Property experience, for example to understand where our users are most successfully accessing the XI Properties. We may associate such location information with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. Depending on the platform you use to access our Applications (e.g., Apple’s iOS, Google’s Android) you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the Applications.

Social Networking. When using the XI Properties or when using certain third party social networking services (e.g., Facebook, Twitter, Google +) (each a “Social Network”), you may have the option to connect your XI Property information and activity with your Social Network information and activity. If you authorize such a connection, you permit us to share or publish information about your XI Property activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to, technical information about your XI Property activity, your XI Property comments or the videos you watch on XI Properties. Information we may access about you, with your consent, from a Social Network may include, but is not limited to, your basic Social Network information, your location data, your list of contacts, friends or followers and certain information about your activities on the Social Network. If you permit a connection between a Social Network and an XI

Property, we (and that Social Network) may be able to identify you and to associate information received pursuant to the connection with information we already have about you. We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or connect to an XI Property.

Device ID. When you use certain XI Properties, we or our Service Provider may collect your unique Device ID. We may use such information for internal purposes and to provide you a better XI Property experience, for example to troubleshoot Application problems you may experience or provide you rewards or offers in connection with your Game activity. We may associate Device ID with personal information you provide to us as described in Section 1 above, in which case we will treat such associated information as personal information. You may learn more about our Service Provider for Mobile Games and opt out of any anonymous Device ID collection via the privacy settings available within your mobile device.

4. Other Circumstances When Your Data May Be Shared

· Aggregated and Anonymous Information. We may share aggregated, anonymous information with any third party. This information is not linked to personal information that can identify you or another individual person. Amongst other reasons, this information may be shared for analytics advertising purposes. As with many websites, we use Google Analytics to understand how you and other visitors engage with XI Properties. If you don’t want Analytics to be used in your browser, you can install the Google Analytics browser add-on (https://tools.google.com/dlpage/gaoptout). You can learn more about Google Analytics and privacy here: (https://support.google.com/analytics/answer/6004245?hl=en).

· Business Transfers. As time passes, Xcite Interactive may be sold along with its assets, or other corporate transactions may occur. In such a case, our customer information may be one of the business assets we transfer.

· Disclosure for Legal Purposes. We may be required to share your personal and non-personal information pursuant to judicial or governmental subpoenas, warrants or orders. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we reserve the right to use, disclose or share your personal and non-personal information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of terms of use or as required by law.

5. Transferring Your Personal Information Across Borders

For customers in the EEA we are obliged to provide certain information relating to the transfer of your personal information outside the EEA. Where you have purchased a service, it may often be necessary to transfer your personal information in order to perform a contract with you. In addition, we may in some circumstances rely on your express consent. If you submit personal information to us, or to a Service Provider, via the XI Properties, you will be voluntarily transferring this personal information to the United States, a jurisdiction which does not provide the same framework as the EEA for the protection of personal information. The same will be the case in relation to your personal information which is collected when you use XI Properties as specified above.

6. Managing Your Personal Information

You may choose and control what information you provide about yourself and certain information which is automatically collected via the XI Properties. If you do not wish to provide certain information necessary for enhanced functionality or content on the XI Properties, please do not use such functionality or content. If you have registered for an account through our Partners Website, you may review and revise certain of your account information logging into that Partners website and navigating to the setting/profile options.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows a user to accept or reject most cookies. Certain cookies that are set when you access certain video products via the XI Properties, called local shared objects or Flash cookies, may not be managed using the settings in your web browser. Information on managing, accepting and rejecting these cookies is available from Adobe on the Adobe Website. If you set your browser or Adobe Flash options not to accept cookies or local shared objects, you may not be able to take advantage of certain features of the XI Properties.

Remember that when you share information publicly online, it may be indexable by search engines or recorded by others, and any search engine index or record of your information may persist after you delete the information at the original source.

For customers in the EEA, you have the right to see a copy of the personal information that we hold about you, and you may ask us to make any necessary changes to ensure that this information is accurate and kept up to date.

In addition, subject to limitations as provided for by applicable data protection legislation you have the right to request the erasure of your personal data or the restriction of its processing, or the transfer of your personal data to another data controller. Please contact us as specified below if you wish to do so.

Your personal information will be held for the purposes and uses set out in this Privacy Policy and for as long as there is a legal, taxation, accounting, risk management or business requirement to do so. Different retention periods apply to different types of records and data, however the longest your personal data will typically be held is six (6) years from the date of your last transaction. This period may be extended where circumstances so require or until a particular query, investigation or dispute is fully resolved.

7. Your California Privacy Rights

If you are a resident of California, you have certain rights pursuant to the California Consumer Privacy Act and the Shine the Light law. Those rights are detailed in this Section 7. To exercise the rights detailed in this Section 7, call us at 800-464-9445.

A. Right to Know About Personal Information Collected, Disclosed or Sold.

You have the right to request that XI disclose the following information to you about our collection and use of your personal information in connection with the XI Properties over the last 12 months:

· The categories of personal information we collect about you.

· The categories of sources for the personal information we collect about you.

· Our business or commercial purpose for collecting or selling that personal information.

· The categories of third parties with whom we share that personal information.

· The specific pieces of personal information collected about you.

· If we sold or disclosed your personal information for a business purpose, (i) a list of the categories of personal information we have sold in the prior 12 months and (ii) a list of the categories of personal information we have disclosed in the prior 12 months.

· If we have not sold or disclosed your personal information in the preceding 12 months, we will disclose that upon request.

B. Right to Request Deletion of Personal Information

You also have the right to request that XI delete any of your personal information that we collected via the XI Properties and retained. We will not delete your information if we need it to protect the security or functionality of our operations, to comply with legal obligations, or for certain other reasons.

C. Process XI will use to Verify Request to Disclose or Delete California Resident’s Personal Information

A request to disclose or delete your information must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, a resident of California and it must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

D. Right to Opt-Out of the Sale of Personal Information

You have the right to direct us to not sell your personal information at any time.

E. Your Right to Non-Discrimination for the Exercise of Your Privacy Rights

We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against you for exercising these rights. Nothing in this section

prohibits XI from charging you a different price or rate, or from providing a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to you by the use of your data. With your consent, XI may choose to offer you financial incentives directly related to the value of your personal information for the collection, sale, or deletion of your personal information.

F. Information Regarding Authorized Agents

You may designate an authorized agent to make a request on your behalf. If you choose to do so, XI may require you to (1) provide the authorized agent written permission to do so and (2) verify your own identity and residency directly. XI may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.

G. Shine the Light Law

If you are a resident of California, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party’s direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request please email us at info@xcite-interactive.com or write to us at: Xcite Interactive, Privacy Administrator, 3620 West 10th Street, Ste B-330, Greeley, Colorado 80634.

8. Other Information; Contact Us

· No Spyware or Adware.

We do not install any Spyware or Adware in connection with the XI Properties, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of Spyware or Adware. “Spyware” or “Adware” is any software which has been downloaded to or installed on an Internet user’s computer or device, without the user’s actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have Spyware from another company installed on your machine, there are various anti-Spyware/Adware software applications available on the Internet to identify if this has occurred.

· Our Security Practices.

We take your security seriously and take reasonable steps to protect and secure your personal information and organizational measures to protect personal data against unauthorized, accidental, or unlawful destruction, loss, alteration, misuse, disclosure, or access and against all other unlawful forms of processing. The safety and security of

your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our websites and mobile applications, products, or services, you are responsible for keeping this password confidential. Please do not share your password with anyone. The transmission of information via the internet is not 100% secure and we cannot ensure or warrant the security of any information you transmit to us. We are not responsible for circumvention of any privacy settings or security measures contained on the websites and mobile applications. In certain areas, we use industry-standard SSL encryption to protect data transmissions.

· Links.

The XI Properties contain links to other websites and products produced by XI and to websites and products operated by unrelated third parties. In addition, if you click on an advertisement within the XI Properties, you may be directed to a web page within the XI Properties or XI Partner Properties or to a third-party website or product. We are not responsible for the privacy practices of third-party websites or products, and we encourage you to read the privacy policies of every website and product that collects personally identifiable information from you. This Privacy Policy applies only to the XI Properties, unless you are notified otherwise upon accessing any third-party website or product, in which case the terms and conditions set forth in such notification will apply.

· Your Nevada Privacy Rights.

If you are a resident of Nevada, in accordance with Nevada Revised Statutes Chapter 603A, you may request that we do not sell certain of your personally identifiable information (your “Covered Information” as defined in NRS Chapter 603A) by sending a request to info@xcite-interactive.com.

· Special Rules For Children.

Because of federal law, we are not permitted to knowingly collect any personal information from a child under the age of thirteen without the consent of that child’s parent or guardian. The statements in this Privacy Policy about our collection and use of personal information also apply to our treatment of personal information from children under the age of thirteen. If a child who we know to be under the age of thirteen and for whom we have not received parental consent attempts to utilize a service on the XI Properties which is not available to children, he/she will not be able to access it and may

receive a message which relays that he/she is not eligible for such feature. For children located in jurisdictions within the EU or EEA, where this Privacy Policy refers to consent, this will require the consent of a parent or legal guardian in relation to any person under the age specified by the law applicable to the location of the child in question.

· Contact Us Regarding Privacy.

If you have questions or concerns about this Privacy Policy, you can contact us at: Xcite Interactive

Privacy Administrator 3620 West 10th Street, Ste B-330 Greeley, Colorado 80634 Phone: 800-464-9445 Email: info@XciteLive.com

· Notification of Changes.

We may amend this Privacy and Security Statement from time to time. We encourage you to revisit this page periodically to read the current version of this Statement in effect. 

If you have any concerns or questions about this Statement or if you would like to lodge a complaint, please send an email to info@XciteLive.com.