XYTE, INC. PRIVACY POLICY

User Privacy Policy

This Privacy Policy was posted on November 1, 2015. It is effective upon acceptance for new users, and from November 1, 2015 for all other users.

Scope and Consent

Your privacy is important to Xyte and we are committed to protecting it. This Privacy Policy describes our collection, use, disclosure, retention, and protection of your personal information and is intended to govern the use of our Services by users. It applies to any Xyte site where this Privacy Policy appears in the footer, and to any Xyte application, service, or tool (collectively, “Services”) where this Privacy Policy is referenced, regardless of how you access or use them, including through your mobile phone or other mobile devices.

It does not apply to information collected by us offline or through any other means, including on any other website operated by Xyte or any third party.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. By using our Services and/or registering for an account with us, you are accepting the terms of this Privacy Policy and our Terms of Use, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Services.

If you do not provide the information we require, we may not be able to provide all of our Services to you.

You are contracting with Xyte, Inc., 4246 Schneider Drive, Oregon, WI 53575. This company is your data controller, and is responsible for the collection, use, disclosure, retention, and protection of your personal information in accordance with our privacy standards as well as any applicable national laws. Your data controller may transfer data as described in this Privacy Policy. We may process and retain your personal information on our servers in the U.S. and elsewhere in the world where our data centers are located.

Children’s Privacy

Our websites are general audience websites and our Services are not intended for children under the age of 14. No one under the age of 14 may provide any information to the website unless the minor’s parent or legal guardian consents in writing. We do not knowingly collect personal information from users under age 14 without consent of parent or legal guardian and our Services do not target children under 14. If you are under age 14, do not use this Website unless your parent or legal guardian has provided consent. If we learn we have collected or received personal information from a child under age 14 without verification of parental consent, we will delete that information. If you believe we might have any information form or about an individual under age 14, support@xyte.com please contact us at the number provided below. We encourage parents and guardians to take an active role in their children’s online activities and interests.

Privacy Standards

Xyte has established privacy standards. They are our commitment to protect your personal information and honor our privacy obligations regardless of where your personal information is collected, processed, or retained. Information We Collect About You and How We Collect It

Personal Information

“Personal information” is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that Xyte has or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.

Collection of Personal Information

We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you: use our Services, register for an account with us, provide us information on a web form, update your information, or when you otherwise correspond with us regarding our Services.

We collect several types of information from and about users of our website and Services, including information by which you may be personally identified, such as name, address, e-mail address, financial information (such as credit care or bank account numbers), telephone number(s), age, gender, geographic location, education, employment history, or future plans, preferences, interests and favorites.

You may also provide us personal information through a web form, by updating or adding information to your account, or when you correspond with us regarding our Services.

We collect this information:

Information you provide to us. The information we collect on or through our website or Services may include:

Information your employer or other third-party retaining our services provides to us. We may supplement the information we collect with information from other sources and add it to your account information. For example, we may collect and use information from our customer service team, from third parties who have requested that we provide Services to you, demographic information that is publicly available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws. For quality and training purposes or for our own protection, we may monitor or record our telephone conversations with you or anyone acting on your behalf. By communicating with Xyte, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning. We may also evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

Information we collect automatically when you use our Services or register for an account with us. As you navigate through and interact with our Website or Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

When you access our website or use Xyte Services, we may place small data files on your computer or other device solely for the purposes of allowing you to use our Services or register for an account with us. These data files may be cookies, pixel tags, e-tags, “Flash cookies,” web beacons, unique identifiers, or other local storage provided by your browser or associated applications or technology (collectively “Cookies”). We use Cookies to recognize you as a customer or user, customize our Services; collect information about the pages you view, the links you click, and other actions you take on our Services and content; help ensure that your account security is not compromised, mitigate risk and prevent fraud, and to promote trust and security across our sites and Services. Cookies are not saved or retained in our system after you finish using our Services.

Additional information we are required or authorized by applicable laws to collect and process in order to authenticate or verify you or to verify the information we have collected.

How We Use and Retain Personal Information

We use the personal information we collect to provide access to and improve our Services, whether to you or to your employer, or other third party who has requested us to provide Services to you; provide you with a personalized experience on our sites, provide you customer service, measure the performance of our Services, improve our Services, manage our risk.

We may use the personal information we collect to contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, and if you are an end user, to collect fees or monies owed, to poll your opinions through questionnaires, or as otherwise necessary to provide you customer service. We may contact you as necessary to enforce our Terms of Use, applicable national laws, and any agreement we may have with you, if you are an end user. For these purposes we may contact you via e-mail, telephone, text messages, and postal mail. When contacting you via telephone, to ensure efficiency, we may use autodialed or pre-recorded calls and text messages as described in our Terms of Use. Message and data rates may apply.

We may use the personal information we collect to detect, prevent, mitigate, and investigate fraudulent or illegal activities such as security breaches, and potentially prohibited or illegal activities, enforce our Privacy Policy, our Terms of Use, or other policies.

We may use geo-location information to provide you with location-based services (such as advertising and other personalized content).

If you access our Services at the request of an employer, potential employer, or other third party (for example, a job counselor, military recruiter, Workforce Development Board, or Corrections or parole official), we share your personal information as they have requested. Your provision of personal information is voluntary.

If you withdraw your consent for the use or disclosure of your personal information for purposes set out in this Privacy Policy you may not have access to all of our Services and we might not be able to provide you all of the Services and customer support offered to our users and authorized under this Privacy Policy and our Terms of Use.

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Use, and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.

Disclosure; How We Share Personal Information

We may disclose your personal information to our employees and contractors, as may be required for us to provide Services and provide you with access to Services; to your employer, potential employer, or other third party as requested; to comply with our legal obligations, to enforce our Terms of Use, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services, or as otherwise described in this Privacy Policy. We minimize the amount of personal information we disclose to what is directly relevant and necessary to accomplish the specified purpose. We do not disclose your personal information to third parties for their marketing or advertising purposes without your explicit consent.

We may also disclose your personal information to:

Service providers and financial institution partners

Third party service providers who help us provide our Services, process our billing and payments, assist us with data and statistical analysis and reporting, assist us with data storage and retrieval, assist us in marketing and advertising, assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our Terms of Use, fraud and/or security breaches, bill collection, and other business operations.

Third party financial institution partners who may provide joint content and services such as, registration, transactions, and customer support.

Law enforcement, legal proceedings, and as authorized by law

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Xyte, our customers or others.

To comply with our legal requirements, enforce our Terms of Use, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety.

To comply with any court order, law, or legal process, including to respond to any government or regulatory request. To law enforcement or governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users or business partners to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, IP address, and fraud complaints.

To credit agencies or bureaus as authorized by applicable national laws (e.g., information on late or missed payments or other defaults on your account that may be reflected in your credit report or file)

To third parties involved in a legal proceeding, if they provide us with a subpoena, court order, or substantially similar legal process, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Change of ownership

If we were to merge with or be acquired by another company, we may share information with them in accordance with our privacy standards. Should such an event occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be collected, used, disclosed, or retained for any purposes not covered by this Privacy Policy, you will receive prior notification of the processing of your personal information for the new purposes.

How You Can Access Your Personal Information

We take steps to ensure that the personal information we collect is accurate and up to date. You may access your personal information through the third party that requested that you use our Services. Deletion of information requested through your relationship with a third-party requires the third-party’s consent and shall not occur.

If you are an individual utilizing our website (i.e., not through the direction of a third- party), you may send us an e-mail at support@xyte.com to request access to, correct or delete any personal information that you have provided to us.

We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls, encryption of data and passcodes used to access Services, physical access controls to our data centers, and information access authorization controls. Any payment transactions and the assignment of passcodes will be encrypted. If you believe your account has been abused, please contact us following the instructions in the Contact Us section below.

The safety and security of your information also depends on you. Where we have given you an encrypted passcode for access to certain parts of our Website, you are responsible for keeping this passcode confidential. We ask you not to share your passcode with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

We may amend this Privacy Policy at any time by posting a revised version on our site. The revised version will be effective as of the published effective date. If there is a substantial change in the Privacy Policy, we will provide 30 days’ prior notice of the change on our website, and the revised Privacy Policy will be effective in 30 days’ time. After the 30-day notice period, you will be considered a having expressly consented to all amendments to the Privacy Policy. Further, your continued use of our Services after we make changes to this Privacy Policy is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Important Information

This section describes some additional important information related to your use of our Services. These are just a few more pieces of important privacy information related to your use of our Services that we need to cover:

When you share your personal information on our sites or applications – what happens?

If your use of our Services is requested by a third party such as your employer, potential employer, or other third party (for example, job counselor, military recruiter, or Corrections official), the requesting party has access to the information you share by using our Services. We do not have access to other personal information you provide to those third parties as part of your employment application, military application, prison or parole record, or the like; such information is reviewed only between you and that third party.

If you use our Services to assess potential employees, recruits, or prisoners ready for release, you may control who among your employees or contractors may have access to the personal information shared by those who access our Services for assessment.

How you should use the information you receive from Xyte

If you are an employer, potential employer, or other third party who has requested our Services in order to assess others for employment or the like, we enable you to obtain or we may provide you with personal information provided by individual users as part of the assessment you have requested from us. Personal information from organizations may include name, account ID, email address, contact details, shipping and billing address. Personal information of individual users may include unique identifier, name, email address or contact details, employer or workplace development board or similar organizational identifier, personal preferences.

You may use the personal information that you have access to only for Xyte transaction- related purposes, for other services offered through Xyte (such as communications training or complaints), and for purposes expressly requested by you and Services provided by Xyte. Using personal information of others that you have access to for any other purpose constitutes a violation of our Terms of Use and our contracts with customers.

Unwanted or threatening email or other communications

We do not tolerate abuse of our Services. You do not have permission to add other users to the list or number we have agreed upon to receive Services. You do not have permission to add other users to your mailing list (email or postal), call, or send him/her/them text messages without the explicit written consent of the other user. Sending unwanted or threatening email and text messages is against our Terms of Use. To report Xyte-related spam or spoof emails, please forward the email to support@xyte.com.

Third party privacy practices

This Privacy Policy addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy policies and practices will apply. We cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of third parties before entering into transactions and/or choosing to share your information. This is true even where the third parties to whom you disclose personal information also are Xyte customers.

Questions or Complaints

If you have a question or a complaint about this Privacy Policy, our global privacy standards, or our information handling practices, you can reach us in writing by sending a letter to: Xyte, Inc., Attn: Legal/Privacy Officer, 4246 Schneider Drive, Oregon, WI 53575.

How You Can Contact Us About Privacy Questions

If you have a question or a complaint about this Privacy Policy, our global privacy standards, or our information handling practices, you can reach us by writing to: Xyte, Inc., 4246 Schneider Drive, Oregon, WI 53575, Attn: Legal / Privacy Officer.