Xebec Privacy Policy

 

Updated July 16, 2018

Xebec Holdings, LLC, and its affiliates (“Xebec,” “we,” “our,” or “us”) respect the privacy of individuals who visit Xebec’s websites and platforms (“Site”), register as a user, access the Site’s content, including investment opportunities or use the services therein (collectively, “Services”). This Privacy Policy discloses the privacy practices of Xebec including what information Xebec may collect in connection with the Site and Services, how Xebec may use that information, and with whom Xebec may share it.

By using the Site or Services, you are expressly consenting to the terms and conditions of this Privacy Policy. If Xebec decides to change this Privacy Policy in the future, Xebec will post the changes here, and may also post the changes to any other area Xebec deems as appropriate to put you on notice of any changes that could affect the information that you provide to Xebec through use of the Site or Services. Your continued use of the Site or Services constitutes your acceptance of the then-posted version of the Privacy Policy. All capitalized terms that are not defined in this Privacy Policy shall have the meaning given to them in the Terms of Service.

What Does this Privacy Policy Cover?

This Privacy Policy explains how Xebec collects and uses information from you and other users (individually, “you,” “user,” or collectively, “users”) who access or use the Services, including our treatment of personal information. This policy does not apply to websites, services or practices of companies that Xebec does not own or control, even if they help us operate our Services. Third party providers who do help us operate our Services must adhere to privacy and security obligations in a manner consistent with Xebec’s policies and practices.

Information You Provide to Us – Personal Data

We are required by law and regulatory bodies to ask for certain information in order to provide our Services to you. When you use our Site’s “Contact” link, register for an account for Services or download certain content, we collect and store certain personal information from you that may include, without limitation your name, password, age, email address, postal mailing address, telephone number(s), bank information, Social Security number and/or taxpayer identification number, investment objectives and experience, assets and income, and other similar information, or other personally identifying information related to our providing Services to you (“Personal Information”).

By providing such Personal Information you are giving Xebec the permission to use and store it consistent with this Privacy Policy. You may choose not to provide us with certain information, but then you may not be able to take advantage of our Site’s many features. If you provide Xebec any Personal Information about other people, you represent and warrant to Xebec that you have any and all necessary permissions and rights to submit any such third-party Personal Information to Xebec for the uses permitted hereunder.

Use of Personal Information

We use the Personal Information we receive about you to provide you with the Site and Services, such as:

• authenticating your identity to help protect you and Xebec from fraud,
• responding to your requests for certain information,
• customizing the features that we make available to you,
• improving the Site, Services and internal operations (including troubleshooting, testing, and analyzing usage and trends and preference of our Users), and
• complying with certain legal and regulatory requirements.

In addition, we may use such information to periodically provide you with information, press releases, monthly newsletters, or investment opportunities available through our Services that may be of interest to you. However, you will have the option to opt out of receiving such information per the “Opting-Out of Xebec Promotional Communications” section below.

What Device and Usage Data We Process

In connection with our Site, we, and our third-party service providers, use common information-gathering tools, such as log files, cookies, web beacons and similar technologies to automatically collect information, which may contain Personal Information, from your computer as you navigate our Site or interact with emails we send you.

• Log Files-  As is true of many websites, we automatically gather certain types of information whenever you visit the Site via log files. This collected information may include, among other things, Internet Protocol (IP) addresses, device and application identification numbers, your location, your browser, your Internet service providers, your searches on the Site, pages viewed and Services used, clickstream data and date/time stamps associated with your usage. This information is used to help us provide and improve our Site, improve its security and continued proper functioning and analyze overall trends. We also collect IP addresses from users when they log into the Services as part of Xebec’s security features. None of this information personally identifies you and it does not constitute personal information.
• Cookies, Web Beacons and Other Tracking Technologies-   “Cookies” are small software files saved to the hard drive of your computer after accessing a website. Xebec employs the use of cookies as part of the Site. A cookie contains a unique identifier. Xebec, and certain of its third-party service providers, collect information through the use of cookies in order to track information while visitors use the Site. Cookies help Xebec improve the Site and deliver a more personalized service to its users. We not work with third party vendors that place anonymous cookies on your computer or use similar technologies.We may work with certain third parties, such as Shatterproof, Google Analytics and Hotjar Heat Maps & Recordings to evaluate and track how visitors navigate and click through our emails and Site, personalize Site content and improve our Services. These third parties may use cookies, web beacons, or pixels to accomplish this tracking, and may combine information gathered through such means with information they have collected directly from you or from other third party sources. Please review Shatterproof’s Privacy Policy, Google’s Privacy Policy and Hotjar’s Privacy Policy. For information on steps you can take to control the information you send to Google while browsing, please click here.

• De-identification-   Xebec, or its service providers, may aggregate and de-identify databases containing Personal Information to derive non-personally identifiable data sets, and Xebec or its systems may automatically collect technical, non-personal information from you or your devices used to access the Sites or Services (including without limitation information about the user’s device, operative system, browser, page views, or clicks). Any non-personal data derived or collected by Xebec may be used by Xebec or disclosed to non-agent third parties by Xebec for any purpose whatsoever.

Opting-Out from the Collection of Device and Usage Data

You may opt-out from the collection of device and usage data (see “What Device and Usage Data We Process” section above) by managing your cookies (including clearing cookies from your browser) at the individual browser level. Most browsers have an option for turning off the cookie feature, “Do Not Track” setting in your web browser, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. You may also wish to use a Google Analytics opt-out web browser add-on. Information on this option is available here. We strongly recommend that you leave the cookies activated, however, because you will likely not be able to sue some or all of the functions of the Site and related Services without cookies enabled. Note that the use of cookies by anyone other than Xebec, including our service providers, is not covered by this Privacy Policy as we do not have access or control over those cookies.

Sharing of Personal Information with Third Parties

Xebec tries our best to protect that information and make sure we are responsible in handlings, disclosing and retaining your data. We do not sell, rent, license, or lease your Personal Information to anyone. Xebec shares your Personal Information as described below.

• • Agents and third-party service providers-  To help us improve our Services, we may engage third parties to help us to carry out certain internal functions such as information management, account processing, client services, or other data collection relevant to our business and the Site. Examples of the types of outside companies with which we may share information include non-financial companies that perform services for us, such as data processing, website development, and companies that perform or assist in reporting or tax documentation on our behalf. Use of any Personal Information we share with these third parties is limited to the performance of the task we request. The third parties with which we share Personal Information are required to protect it in a manner similar to the way we protect your Personal Information.Additional Information for EU Individuals Regarding Transfers to Third Parties Governed by GDPR–  If you are from the EU and one of our agents or third-party service providers fails to uphold these standards with respect to your Personal Information that we transferred to that agent or provider on your behalf, that agent or third-party service provider may be liable for any injury as required by GDPR.
  • Business transfers-  If Xebec is acquired or merged with another company, user information, including your Personal Information may be one of the assets transferred to or acquired by that company. You acknowledge that such a transfer may occur, and that any acquirer of Xebec may continue to use your Personal Information as set forth in this Policy. You will be notified via email or some other means of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information (including the right to delete your information). If Xebec goes out of business without a successor Xebec will delete your information.
  • Protection of Xebec and others-  We may release Personal Information when we believe in good faith that release is necessary or advisable to:
    • comply with the law or national security request (for example, responding to subpoenas, court orders or other legal process),
    • cooperate with government agencies, other regulatory bodies and law enforcement officials,
    • enforce or apply our Terms of Service and other agreements, or
    • protect the rights, property, or safety of Xebec, our employees, our users, or others.  This includes, without limitation, exchanging information with other companies and organizations for fraud protection or responding to government requests.

Security

Xebec takes precautions including organizational, technical, and physical measures, to help safeguard against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, the Personal Information we process or use. While we follow generally accepted standards to protect Personal Information, no method of storage or transmission is 100% secure. Therefore, you should not expect, and Xebec does not warrant or guarantee, that your Personal Information will remain protected and private. You are solely responsible for protecting your password, limiting access to your devices, and signing out of the Site after your sessions. If Xebec knows or becomes aware of a security breach of your Personal Information, Xebec will notify you as required by applicable laws and may post a notice on the Site as required by applicable law(s). Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Third-Party Sites

Our Site may provide links to third-party websites. Please note that Xebec does not control or endorse the content in, or policies for, such third-party websites. Any information collected by such third-party websites is not subject to this Privacy Policy, so please read any applicable privacy policies for such third-party websites before using such websites.

Opting-Out of Xebec Promotional Communications

We may at times send you e-mail communications with marketing, newsletters or investment opportunities. To stop receiving these materials, follow the unsubscribe or opt-out instructions in the email and we will take reasonable measures to promptly process your request. Please note that if you are a Xebec investor at times we may need to send you communications that are transactional in nature which are communications you will not be able to opt-out of.

Reviewing, Changing or Correcting Account Information

You are solely responsible for helping us to maintain the accuracy and completeness of your Personal Information and other information. We urge you to review your account information regularly to ensure that it is correct and complete. You will be able to change your e-mail address, password, contact information, or other login information by visiting your account’s settings page subject to this Policy. When you update information, however, we often maintain a copy of the unrevised information in our records. In addition, some content of your account will not be able to be edited or removed, such as information relating to your Xebec investment(s). If you need help modifying your account information, please contact us at investorrelations@xebecbc.wpxnew.riefmedia.com.

Deleting Your Account

You may request deletion of your Xebec account at any time by emailing investorrelations@xebecbc.wpxnew.riefmedia.com. We will respond to your request as quickly as possible. Please note that certain information may remain in our records, server logs and archives after deletion of your account for certain legal and regulatory requirements, including information to needed to resolve disputes, enforce our agreements, meet our audit obligations and other standard business practices. We are committed to protecting the privacy of our former clients as well as our current clients. If you choose to become an inactive client, you will continue to be protected by these policies and principles described in this Privacy Policy for as long as your Personal Information is retained by us.

International Visitors

The Services may be accessed and/or used by Users located outside the United States in accordance with our Terms of Use and other policies and procedures posted on the Website. If you choose to use the Services from the European Union (EU) or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States and by providing your personal information on or through the Services you consent to that transfer.

For citizens of the European Union, please contact investorrelations@xebecbc.wpxnew.riefmedia.com for requests and inquiries regarding the data retained and managed by this portal and your rights to be forgotten related to the General Data Protection Regulation (GDPR).

Children’s Privacy Policy

Our Site is not intended for use by anyone under eighteen (18) years of age. No one under eighteen (18) years of age is allowed to use the Site, provide any Personal Information or receive our email distributions. If you believe that a minor has disclosed Personally Identifiable Information to Xebec, please report this to us immediately by emailing us at investorrelations@xebecbc.wpxnew.riefmedia.com.

Applicable Law and Jurisdiction

The Privacy Policy, including its existence, validity, construction and operating effect, and the rights of you and Xebec in relation thereto, will be governed by and construed and enforced in accordance with the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of another jurisdiction. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Privacy Policy. By agreeing to the Privacy Policy and using the Site and the Services, you agree to submit to personal jurisdiction in Texas for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any controversy, claim, action, or dispute arising out of or relating to this Privacy Policy, or any alleged breach thereof shall be resolved solely and exclusively by a binding arbitration process administered by JAMS. The arbitration hearing shall take place in Dallas, Texas and conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time arbitration is initiated, with the following exceptions if in conflict: (a) one arbitrator who is a retired judge shall be agreed to by the parties, or if the parties cannot agree, then each side shall submit a list of three names, and the arbitrator shall be chosen by JAMS; and (b) each party to the arbitration will pay one-half of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator. The arbitrator shall award to the prevailing party, if any, its costs, expenses, expert witness fees, arbitration fees paid, and attorneys’ fees reasonably incurred in connection with the arbitration. Such arbitration must be commenced within one (1) year after the claim or cause of action arises. Notwithstanding the foregoing, either Xebec or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.

Updates and Changes to Privacy Policy

In the event of a change in this policy, a revised Privacy Policy will promptly be posted to our Site, and the “Updated” date will be changed. If the revised Privacy Policy contains a material change to how we collect or use personal information, notice of the change will be emailed to you or posted on the Site’s home page. Please revisit this page to familiarize yourself with any changes to the Privacy Policy. You agree to accept posting of a revised Privacy Policy as described herein as actual notice to you of such revised Privacy Policy. Your continued use of the Services after such posting constitute to the collection and use of your information as described in the then-current Privacy Policy.

Contact Us

Please contact Xebec with any questions or comments you may have about this Privacy Policy by utilizing the “Contact” link at the top of our Site or by emailing us at investorrelations@xebecbc.wpxnew.riefmedia.com.