Privacy Policy

Last Updated: March 7, 2019

1. GENERAL

This Privacy Policy (“Exo Privacy Policy”) discloses the online privacy practices for Westhill Innovation, LLC, a Delaware limited liability company, its subsidiaries, affiliates and assigns, d/b/a Exo (“Exo”), and applies to the information Exo collects through www.exosmartspark.com (“Exo Site”) and all related webpages and all downloadable materials, information, photos, and other materials, documentation, or content that appears on the Exo Site (“Exo Content”), or relates to the multiport docking station(s) (“Exo Docking Station”) and power card(s) (“Exo Power Card”). The Exo Site, Exo Content, Exo Docking Station, and Exo Power Card are collectively referred to herein as the “Exo Platform”. By accessing and/or using the Exo Platform, you are consenting to the collection, storage, and disclosure of data as described in the Exo Privacy Policy. References to “you” or “your” mean anyone who visits the Exo Site or uses the Exo Platform, whether you do so as an individual or for an entity you represent.

2. MODIFICATIONS

Exo reserves the right at any time and in its sole discretion, to change, modify, add or remove portions of the Exo Privacy Policy, all of which changes, modifications and additions or removed portions shall be incorporated into the Exo Privacy Policy upon posting on the Exo Platform. You agree you are sufficiently notified of the updated policy when the updated Exo Privacy Policy is made available via the Exo Platform, and that your use of the Exo Platform after posting of the updated policy constitutes your agreement to the updated Exo Privacy Policy. Therefore, you should review the Exo Privacy Policy before or any time you use the Exo Platform. The updated policy will be effective as of the time of posting, or such later date as may be specified in the updated Exo Privacy Policy, and will apply to your use of the Exo Platform from that point forward.

If at any time, Exo decides to disclose or use your Personal Information, as hereinafter defined, in a method different from that specified at the time it was collected, we will provide advance notice by email or to your email address on file. Otherwise, Exo will use and disclose our users’ Personal Information in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change.

3. TERMS AND CONDITIONS OF USE

The Exo Privacy Policy is a part of and incorporated into Exo’s Terms and Conditions of Use (“Exo Terms”). The Exo Terms can be viewed on the Exo Site at www.exosmartspark.com.

4. INFORMATION COLLECTED AUTOMATICALLY

Exo automatically receives information from your web browser or mobile device. This information includes the name of the website from which you entered the Exo Site, if any, as well as the name of the website you’ll visit when you leave the Exo Site. This information may also include the IP address of your computer (the proxy you use to access the Internet), your Internet Service Provider’s name, your web browser type, the type of mobile device you are using, your computer operating system, and data about your browsing activity when using the Exo Site. We use all of this information to analyze trends among our users to help improve our website, products and services.

COOKIES: The Exo Site uses cookies to carry information about usage from page to page through the Exo Site. A cookie is a piece of data or a text file stored on a site visitor's hard drive which we use to help us improve your access to the Exo Site and to identify repeat visitors to the Exo Site. Cookies also can enable Exo to track and target the interests of users in order to enhance their experience on the Exo Site. We may also use cookies for, among other purposes: (i) website analytics, (ii) to remarket our products and services to you, (iii) for affiliate marketing, and (iv) to personalize the content you see on the Exo Site and to remember your preferences and settings. Usage of a cookie is in no way linked to any personally identifiable information on the Exo Site, and Exo does not use cookies to retrieve personal information about you from your computer. Most browsers are set up to accept cookies, but you can usually change your browser settings to refuse them. If you disable cookies, your browser may experience some erratic behavior on some portions of the Exo Site. Some of our business partners may use cookies on the Exo Site (for example, advertisers). However, we have no access to or control over these cookies. By agreeing to accept our use of cookies, you are giving Exo, and the third parties we partner with, permission to place store, and access cookies.

USAGE INFORMATION: Exo and our third-party service providers may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with us or our content is found elsewhere on the internet (“Usage Information”). Usage Information may include the browser and operating system you are using, the URL or advertisement that referred you to the Exo Site or content, all of the areas within the Exo Site that you visit, including items that you browse, the time of day, and the preceding page viewed, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Exo Site services and the Exo Platform.

5. COLLECTION AND USE OF PERSONAL INFORMATION

Personal information is data that can be used to identify a specific person. When registering on or using the Exo Site, we may ask you to provide personal information, such as your name, address, phone number, e-mail address, payment information, and other information about you, such as demographic information; for example, your gender, age or similar information (collectively, “Personal Information”). This information is collected at the time you register for an account on our site, respond to any marketing materials, or fill out any other forms present on the Exo Site.

We also may collect credit card or additional payment information from you. However, it’s important to note that Exo uses a third-party payment service known as Authorize.Net. Exo has no control over or responsibility for Authorize.Net’s services, and any information regarding your payment processing and security must be verified in Authorize.Net’s Terms of Use and Privacy Statement. You acknowledge that your use of and access to Authorize.Net is solely at your own risk, and it is your responsibility to review the privacy notices of Authorize.Net to determine how they treat your information.

Exo may use Personal Information for the purposes described in the Exo Privacy Policy and, among other purposes: (a) to keep you posted on Exo’s latest products and promotions; (b) to allow you to participate in features Exo offers or to provide related customer service, including, without limitation, to respond to your questions, complaints or comments; (c) when we communicate with you about the Exo Site or send important notices, such as communications about purchases, policies and changes to the Exo Terms of Use and the Exo Privacy Policy; (d) to process or facilitate a purchase or other transaction you initiate; (e) to investigate and prevent fraudulent transactions and other illegal activities; (f) to contact you with regard to your use of the Exo Platform, or to personalize and customize our content; (g) for internal purposes such as auditing, data analysis, and research to improve Exo’s products and services; and (h) for purposes disclosed at the time you provide the Personal Information to Exo, or otherwise with your consent.

6. COLLECTION AND USE OF NON-PERSONAL INFORMATION

Exo also collects data in a form that does not permit direct association with any specific person. Exo may collect, use, transfer, and disclose non-personal information for any purpose. The following are examples of non-personal information Exo collects and how Exo may use it: (a) Exo may collect information such as occupation, language, zip code, area code, unique device identifier, referral URL, and location; and (b) Exo may collect information regarding customer activity on the Exo Site and from our other products and services, including the use of any QR codes. This information may be used to help Exo determine which parts of the Exo Site, products, services, and information provided to customers is of the most interest. Non-Personal Information also may be aggregated, and/or shared or sold at our discretion.

7. INFORMATION THIRD PARTIES PROVIDE ABOUT YOU AND SOCIAL MEDIA

Exo may receive information about you from third parties. For example, if you are on another web site and you agree to receive information from Exo, that web site will forward your contact and other information to Exo so that we may contact you as requested. You may also choose to participate in a third-party application or feature through which you post content or allow us to collect or the third party to share information about you. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected.

8. THIRD-PARTY CONTENT, ANALYTICS PROVIDERS AND SERVICES

Exo may work with advertisers, ad agencies and other vendors to serve Exo ads on third-party web sites and across the Internet, and Exo may use analytics providers to provide us with information regarding the use of the Exo Platform and the effectiveness of the advertisements that we place elsewhere on the Internet, in third-party applications or elsewhere. You may also see third-party ads on the site and those ads may be served by a third party. These other companies may collect certain information about your visits to the Exo Site or other web sites in connection with serving advertisements and providing us with analytics information. Ad network providers, advertisers, ad agencies, analytics service providers and other vendors may set and access their own tracking technologies on your device and they may otherwise collect or have access to information about you.

9. DISCLOSURE OF YOUR INFORMATION

Exo may disclose Usage Information and Non-Personal Information about our users without restriction.

In addition, Exo may disclose Personal Information that we collect or you provide:

• To our subsidiaries and affiliates;

• To contractors, service providers and other third parties, including third parties we use to support our business;

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Exo is among the assets transferred;

• To third parties to market their products or services to you if you have not opted out of these disclosures;

• To fulfill the purpose for which you provide it;

• For any other purpose disclosed by us when you provide the information;

• With your consent;

• To comply with any court order, law or legal process, including to respond to any government or regulatory request;

• To enforce our rights arising from any contracts entered into between you and Exo;

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Exo Platform, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

10. WITHDRAWAL OF CONSENT

You have the right to revoke your consent for us to use your Personal Information at any time. You may withdraw your consent to collect, use, and/or disclose your personal information held or controlled by us by submitting a request in writing to the address provided below or by emailing us at customerservice@exosmartspark.com. Opting out will not affect disclosures otherwise permitted by law, including but not limited to: (a) disclosures to affiliates and business partners; (b) disclosures to third-party service providers that provide certain services for our business, such as credit card processing, computer system services, shipping, data management services; (c) disclosures to third parties as necessary to fulfill your requests; (d) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law; (e) previously completed disclosures to third parties; or (f) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept. Based on the extent to which you withdraw your consent, the functionality of your account, products, and services may be effected, including loss of access or use of your account, products, and/or services.

11. SECURITY

Exo takes commercially reasonable steps to protect and secure Personal Information. However, no data transmission over the Internet, by wireless transmission or any electronic storage of information can be guaranteed to be secure. Please note that Exo cannot ensure and does not warrant the security of any information Exo collects, and your use of the Exo Platform and services and any information you provide to Exo in connection therewith or otherwise is at your own risk.

12. AGE RESTRICTIONS

Exo does not sell products for purchase by children; nor do we permit the use of our services to any child that is 18 years old or younger. If you are 18 years old or younger, you may use the Exo Platform only with the involvement of a parent or guardian. Exo does not knowingly collect Personal Information from children under 13. If you 13 years old or younger, we ask that you stop using Exo’s services immediately and do not submit any information to us.

13. CONTACT US

If there are any questions regarding the Exo Privacy Policy you may contact us using the information below.

By Email:
customerservice@exosmartspark.com

By Mail:
ATTN: Karen E. Leone, Esq.
Westhill Innovation, LLC
5300 S. 108th Street, Ste 15, #101
Hales Corners, WI 53130