Terms of Service (External Users)

Effective Date: January 30, 2024
  • IF YOU ARE AN AFFILIATE OR VENDOR (AS DEFINED IN THE APPLICABLE AGREEMENT) THAT HAS EXECUTED AN ASSOCIATE AFFILIATE AGREEMENT OR A VENDOR AGREEMENT WITH XBENEFITS LLC THAT IS CURRENTLY IN EFFECT, THESE EXTERNAL USER TERMS OF SERVICE DO NOT APPLY TO YOU. 

 

IF YOU ARE A POTENTIAL CUSTOMER, AFFILIATE, VENDOR, OR OTHER INDIVIDUAL WHO HAS SUPPLIED INFORMATION THROUGH ONE OF XBENEFITS’S AFFILIATES OR VENDORS, THESE EXTERNAL USER TERMS OF SERVICE DO NOT APPLY TO YOU.

  • This External User Terms of Service (these “Terms of Service”) states the terms upon which one or more XBENEFITS services (collectively, the “Service”), offered by XBENEFITS, LLC or one or more of its affiliates, is provided to a user (“External User” or “You”) accessing or using the Service at the invitation of a XBENEFITS Affiliate or Vendor (as defined below). An External User is a person outside the Affiliate’s organization who is given rights by the Affiliate to access some or all of the Affiliate’s Service repository.

 

References to “Affiliate” means an organization party to a then-current XBENEFITS Affiliate Associate Agreement or Vendor Agreement to use the Service on a fee-paying commercial basis. External User is not a third-party beneficiary of any agreement between XBENEFITS and an Affiliate. As a condition of using the Service, You acknowledge and agree all data, documents, and information in the Service (“Affiliate Data”) will be treated by XBENEFITS as if it belongs to, and is controlled by, the Affiliate. The Affiliate is solely responsible to inform You of its policies regarding handling of Affiliate Data, including obtaining consent necessary for using, transferring, and processing Affiliate Data in accordance with applicable laws.

XBENEFITS reserves the right at any time to modify these Terms of Service and to impose new or additional terms or conditions on the use of the Service by an External User. You will be notified of modified Terms of Service through Your user account.

  • External Users must accept these Terms of Service in order to use the Service. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by these terms.

 

  • User Registration Details

In consideration of Your use of the Service, You agree to provide accurate, and complete registration information, and to maintain and promptly update such information to keep it current, and complete. You must be at least 18 years of age to accept these Terms of Service and to use the Service.

  • Use of the Service

XBENEFITS’s duties are owed to Affiliate or Vendor.  XBENEFITS does not charge a fee to External Users and XBENEFITS disclaims any and all liability to External User. Except for any duty owed by the Affiliate to any External User, use of the Service is at External User’s sole risk.  XBENEFITS reserves the right to modify the Service, in whole or part, in its sole discretion and without notice to External User. Your account is to be used solely by You. Use of an account by more than one person violates these Terms of Service.

  • External User shall:


    • Maintain the confidentiality of Your password and account and monitor activity conducted through Your account.


    • Use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service.


    • Notify Affiliate and XBENEFITS immediately of any unauthorized use of Your account or any breach of security.


    • Comply with these Terms of Service, applicable law and government regulations, including export control, data privacy, and intellectual property laws, and terms of use applicable to third-party products You may access in connection with Your use of the Service.


    • Ensure Affiliate Data is lawfully uploaded to the Service and does not violate any third-party’s rights, including copyright, trademark, or other. intellectual property rights.


    • Provide, configure and maintain all hardware and user-side software necessary to use and access the Service and Internet access, and ensure the foregoing provide sufficient capacity, performance and connectivity and meet the service levels recommended by XBENEFITS.


    • Maintain appropriate security, and protection of the devices accessing the Service.


    • Use the Service only for the internal business purposes of the Affiliate that invited You to access the Service.


    • Except as permitted by applicable laws that cannot be waived, not (i) share login credentials for the Service with any other person; (ii) transfer, copy, modify, sublicense, distribute, rent, lease, sell, convey, translate, disassemble, disable, hack, reverse engineer, decompile, frame, mirror, resell, disrupt or interfere the Service, features, functions, or performance thereof, or data or information contained therein; (iii) create derivative works from, build a product using ideas, features, functions, or graphics similar to the Service, or otherwise use the Service to compete with  XBENEFITS in any way; (iv) use the Service in any way that breaches the rights of any third party or violates any Law, including export control and data privacy laws; or (v) use the Service to store or transmit unlawful content.

 

External User agrees that XBENEFITS may access or disclose information about You or Your use of the Service to: (a) provide the Service, including to provide support to an Affiliate; (b) as required by applicable law; and (c) protect the rights, property or security of XBENEFITS, its users, or a third-party.

 

  • Termination of the Service

External User’s access and use of the Service may be terminated by XBENEFITS and/or by the Affiliate at any time and without notice.  XBENEFITS does not owe any obligation to You with respect to any Affiliate Data You may have uploaded or otherwise transmitted to the Service.

  • Intellectual Property and License Rights

The Service uses proprietary and confidential information that is protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.  XBENEFITS or its licensors are the sole and exclusive owners of all intellectual property (including trademarks) in the Service, and You neither have nor acquire any ownership interest, license, lease, or right to the Service except as provided herein.

  • No Warranty

ALL SERVICES, INCLUDING ANY PRODUCTS, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  XBENEFITS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, XBENEFITS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR RESULTS OF THE USE THEREOF WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES. YOU ACKNOWLEDGE THE SERVICES MIGHT BE SUBJECT TO OCCASIONAL DELAYS, INTERRUPTIONS, AND OTHER ISSUES INHERENT TO INTERNET SERVICES, AND THAT THE SERVICES MAY CONTAIN DEFECTS AND/OR MAY NOT OPERATE UNINTERRUPTED OR ERROR FREE.

  • Limitation of Liability

IN NO EVENT SHALL  XBENEFITS, ITS AFFILIATES, DIRECTORS, OFFICERS, LICENSORS, SUBCONTRACTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE UNDER THESE TERMS OF USE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY, OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF  XBENEFITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  XBENEFITS’S MAXIMUM LIABILITY FOR ANY AND ALL CLAIMS RELATED TO OR ARISING OUT OF THESE TERMS OF USE, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, OR ANOTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED $100 U.S. DOLLARS IN THE AGGREGATE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS SHALL NOT INCREASE ANY OF THE LIMITATIONS SET FORTH IN THIS SECTION.

 

The limitations in this section shall apply to the maximum extent permitted by law.

  • Governing Law

The Terms of Service and any dispute arising out of or relating hereto will be governed by the same governing law as the Affiliate Associate Agreement, without regard to conflict of law or the United Nations Convention on the International Sale of Goods. Exclusive jurisdiction over any dispute arising out of these Terms of Service will rest in the same courts identified in the Affiliate Associate Agreement. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. If You want to know the governing law provisions of the Affiliate Associate Agreement, please direct Your question to the Affiliate or to XBENEFITS using the details at the end of this document.

  • Miscellaneous
    • Any notices sent to You pursuant to these Terms of Service will be sent to the email address associated with Your account.


    • You may not assign or transfer Your rights or obligations under these Terms of Service to any party.  XBENEFITS may assign these Terms of Service in their entirety and without Your consent to an affiliate of XBENEFITS in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of XBENEFITS’s stock or assets.


    • If any provision in these Terms of Service is held invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.


    •  XBENEFITS’s failure to enforce any provision in these Terms of Service shall not be construed as a waiver of that provision.


    • You agree in the event of Your use of the Service in violation of these Terms of Service, or the threat of either of the foregoing, XBENEFITS shall be entitled to injunctive relief.


    • The Terms of Service, including any terms incorporated by reference into the Terms of Service, constitute the entire agreement between You and XBENEFITS and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.


    •  XBENEFITS reserves the right to modify the Services, these Terms of Service, and its privacy policy at its sole discretion and without notice to You. Your continued use of the Services after the effective date of any such modification will constitute Your acceptance thereof.


    • Sections 2, 4, 6, 7, 8, 10 of these Terms of Service will survive any termination or expiration of the Terms of Service.


    • For all purposes of these Terms of Service, the word “including” and related terms mean inclusion without limitation and do not limit the generality of the statements they qualify, and the word “or” is not exclusive and shall have the meaning commonly ascribed to the term “and/or.”

 

Questions about these Terms of Service should be directed to:

Email: support@XBENEFITS.com

Mail:

XBENEFITS, LLC

700 East Firmin Street 

Kokomo, IN, 46902‍

Last updated: January 30, 2024

Privacy Policy

Effective Date: April 9th, 2024

XBENEFITS, LLC and its affiliates (collectively, “XBENEFITS”) are committed to respecting and protecting your privacy by developing and deploying technology intended to give you a powerful and safe online experience. We want you to use our Website and the XBENEFITS services (the “Services”) with the knowledge that any Personal Information (as defined in Section 1(A)) you give us is held in accordance with the law. We have written this Privacy Statement to tell you:

What Personal Information we collect about you when you use the XBENEFITS Website (as defined below);

  • Whom we may share your Personal Information with;
  • The legal basis for using your Personal Information;
  • How we store your Personal Information and how long we retain it;
  • Your rights relating to your Personal Information; and
  • How we protect your Personal Information.

The “XBENEFITS Website” (www.XBENEFITS.com) is provided to convey information to you about the Services. The XBENEFITS Website contains things such as literature, demos, and company information. From the XBENEFITS Website, you can choose to allow XBENEFITS to communicate with you regarding your interests.

PLEASE NOTE THAT XBENEFITS PROVIDES MARKETING SERVICES TO ITS VENDORS OR AFFILIATES (EACH, A “PARTNER”). AS PART OF THE SERVICES, ALL INFORMATION UPLOADED BY A XBENEFITS PARTNER IS PROVIDED BY THAT PARTNER AND XBENEFITS ONLY PROCESSES SUCH INFORMATION IN ACCORDANCE WITH ITS AGREEMENT WITH THAT PARTNER AND THE REQUIREMENTS OF APPLICABLE LAW. XBENEFITS CANNOT REMOVE OR UPDATE YOUR PERSONAL INFORMATION STORED WITH A PARTNER.

IF YOU ARE AN INDIVIDUAL WHO HAS PROVIDED INFORMATION TO A PARTNER THROUGH ONE OF XBENEFITS’S PARTNERS OR HAVE APPLIED DIRECTLY THROUGH XBENEFITS, THIS PRIVACY POLICY APPLIES TO YOU, BUT ONLY AS IT PERTAINS TO PERSONAL INFORMATION STORED OR COLLECTED BY XBENEFITS.

  1. Personal Information. We Collect About You When You Use the XBENEFITS Website:

When you use the XBENEFITS Website, XBENEFITS may collect the following:

  1. Personal Information. You Share with XBENEFITS. “Personal Information” is information relating to an identified or identifiable person, such as your name and email address, telephone number, organization name, username and login information, and billing details such as bank details or credit card information, and it is collected when you:

 

  • Fill out an inquiry form on the XBENEFITS Website;
  • Request our newsletter;
  • Ask for a brochure or other information;
  • Contact us by mail, email, or phone;
  • Purchase Services from us; or
  • Access and use the Services.

 

  1.  Automatically-Collected Information. We may gather certain information from you when you visit the XBENEFITS Website, such as:

 

  • Log and device data, e.g., your IP address, operating system, browser information, and device name;
  • Location information, including your business address;
  • The URL that referred you to the XBENEFITS Website;
  • The number of times you visited the XBENEFITS Website; and
  • The pages that you visit on the XBENEFITS Website.

 

  1. Information from Tracking Technologies. XBENEFITS uses cookies and other tracking technologies to make the XBENEFITS Website function and to improve our users’ browsing experiences. You can learn more about our cookies and your cookie choices here.

 

  1. Personal Information. We Collect from Other Sources. XBENEFITS may work with other organizations such as internet search engines, marketing organizations, and cookie providers who may provide us with Personal Information about you.

 

  1. Personal Information We May Obtain From Third Parties:

Links to Other Sites. The XBENEFITS Website contains links to other sites that are not owned or controlled by XBENEFITS. Please be aware that if you click on one of these links or sites that is not controlled by XBENEFITS, you may be subject to privacy policies of the owner of that site. XBENEFITS is not responsible for the privacy practices of other companies or Website.

Social Media Widgets. The XBENEFITS Website includes social media features, similar to the Facebook “like” button and widgets, such as the “share this” button or interactive mini-programs that run on the XBENEFITS Website. These features may collect your IP address, which page you are visiting on the XBENEFITS Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the XBENEFITS Website. Your interactions with these features are governed by the privacy policy of the companies providing them.

Single Sign-On. You share information about your activities on the XBENEFITS Website using sign-in services such as Facebook Connect or an open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign-up form.

 

  1. Whom We May Share Your Personal Information With:

Sharing your Personal Information with Other Third Parties. XBENEFITS may share Personal Information about you with certain third parties to:

  1. Send you emails or other communications, including Services-related notices and marketing content (subject to your rights to opt out of certain communications);
  2. Our business partners, suppliers, vendors and sub-contractors in connection with the provision of the Services;
  3. Our website providers who keep the XBENEFITS Website up and running;
  4. Analytics and search engine providers who analyze information regarding use of the XBENEFITS Website;
  5. Enforce the XBENEFITS Terms of Service (XBENEFITS.com/terms), prevent fraud, or respond to security issues;
  6. If we are required by law and/or to enforce or apply our Terms of Service or service agreements. This includes lawful requests by public or legal authorities, including to meet national security or law enforcement requirements in matters related to how your Personal Information is used and maintained, and exchanging information with other organizations for the purposes of fraud protection and credit risk reduction; and
  7. In the event XBENEFITS goes through a business transition, such as a merger, acquisition by another company, sale of all or a portion of its assets, or bankruptcy. You will be notified via a prominent notice on the XBENEFITS Website for 30 days of any such change in ownership or control of your Personal Information.

It is important for you to know ways that XBENEFITS does NOT use or share personal information. Specifically:

  • XBENEFITS does not publicly disclose financial or payment information.
  • XBENEFITS does not publicly disclose authentication information.
  • XBENEFITS prohibits the collection and use of your general web browsing activity.
  • XBENEFITS only gathers information about your visits to the XBENEFITS Website for the purposes described earlier on this page.

Where XBENEFITS is permitted by applicable Data Protection Legislation or applicable Data Protection Agreements to use Personal Data for its internal business purposes in an aggregated and de-identified manner, XBENEFITS agrees to take reasonable measures designed to ensure that the Personal Data cannot be associated with an individual (or, household, where applicable), publicly commits to maintain and use the information in de-identified form only and make no attempt to re-identify the information except where necessary to test its de-identification processes, and contractually obligates any authorized recipients to comply with these obligations.

  1. The Legal Basis for Using Your Personal Information:

The law only allows us to use your Personal Information in certain limited circumstances, which we have listed below:

  1. Where you consent to XBENEFITS using your Personal Information. For example, when you submit information to us on the XBENEFITS Website (e.g., by requesting a demo or information related to the Services), we will process that information to comply with your request for further information. This may include sharing your Personal Information with one of our trusted partners to help facilitate responding to your request. Trusted partners may include trainers, resellers, and implementation or integration specialists.

 

  1. To perform under the contract we have with you. Examples of how we may use your Personal Information to comply with a contract that we have entered into with you are:

 

  • To provide the Services you have requested.
  • To administer the Services, process your payment, and provide you with other requested services.

 

  1. Where it is related to XBENEFITS’ legitimate interests. We consider that we have a legitimate interest in providing you with marketing information about XBENEFITS products and services similar to those that you have subscribed to or inquired about. We will give you the option to opt-out of receiving further communications at the time that you give us your Personal Information and every time we send you a marketing email or letter.

 

  1. Where we need to comply with a legal obligation. Examples of how we may use your Personal Information to fulfill a legal obligation are:

 

  • To keep records for tax purposes.
  • To comply with requests from local, state, or federal governments or law enforcement officials.
  • To comply with any judicial, administrative, or similar proceeding or order, such as a subpoena.
  • To investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, this Privacy Statement, or the rights of third parties or to investigate any suspected conduct which we deem improper.

 

  1. How We Store and Protect Your Personal Information:

Storage of Personal Information. We are committed to ensuring that we have appropriate technical, administrative, organizational, and physical safeguards in place to ensure that your Personal Information is protected against loss or misuse. All Personal Information you provide to us is stored on XBENEFITS’ secure servers or on secure servers operated by reputable third-party vendors. XBENEFITS encrypts all data transmissions using modern cryptography methods such as HTTPS with current TLS security protocols.  By using the XBENEFITS Website, you authorize XBENEFITS to transfer, store, and process your Personal Information in the United States or any other country in which XBENEFITS or its affiliates and subcontractors maintain facilities or operations.

Retention of information. We only hold your Personal Information for as long as necessary for the purposes for which we collected your information.

  1.  Your Rights in and to Your Personal Information:

Identifying the Controller and Processor of Personal Information. XBENEFITS is the controller of your Personal Information. XBENEFITS has different vendors around the world that provide the assist XBENEFITS with its Services. As noted above, XBENEFITS is a service provider and processor for its Partners, and it may process Partner data at the direction of its Partners. To the extent that you have questions about a specific Partner’s privacy practices, please review that Partner’s privacy policy.

Accessing Personal Information. You have the right to access the Personal Information about you that we control. If you wish to receive a copy of that Personal Information, please contact support@XBENEFITS.com or write to us at our postal address listed below.

Revoking Consent and Restricting Processing of your Personal Information. In those circumstances where we process your Personal Information through your consent, you have the right to revoke that consent at any time. Additionally, in certain circumstances, you may request that we temporarily or permanently stop processing some or all of your Personal Information. To learn more about or exercise these rights, you may contact XBENEFITS at support@XBENEFITS.com.

Changing or Deleting your Personal Information. You can ask XBENEFITS at any time to change, amend, or delete the Personal Information that we hold about you or ask us not to contact you with any further marketing information. You can also ask us to restrict the information that we process about you. You can request that we change, amend, or delete your information or restrict our use of such information by emailing us at support@XBENEFITS.com.

Opting Out of Direct Marketing. You have the right to opt out of direct marketing communications from us. To exercise this right, you may contact XBENEFITS at support@XBENEFITS.com. You may also opt out of marketing communications using the link provided in any marketing email from XBENEFITS. If you do not opt out of receiving mailings, XBENEFITS will communicate with you (generally by email or the XBENEFITS support website) to provide support, request feedback, provide marketing and service information, request marketing input, and provide special offers and incentives related to XBENEFITS. Please note that if you opt out of marketing communications, you may still receive Service-related communications unrelated to marketing, such as transaction confirmations and responses to requests.

Blogs and Forums. The XBENEFITS Website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access the XBENEFITS Website. We are not responsible for any Personal Information you choose to submit in these forums or other community sites. We display personal testimonials of satisfied Partners on the XBENEFITS Website in addition to other endorsements. With your prior consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at support@XBENEFITS.com.

Rights of California Users. California law provides California residents with additional rights. For more information about these rights and how to exercise them, please see our California Privacy Notice.

Right to Prevent Automated Decision Making. You have a right to ask us to stop any automated decision making. We do not intentionally carry out such activities, but if you do have any questions or concerns, we would be happy to discuss them with you and you can contact us at support@XBENEFITS.com.

Transferring Personal Information. In certain circumstances, you have the right to request that your Personal Information is transferred by us to another organization (this is called “data portability”). Please contact us at support@XBENEFITS.com with the details of your request.

Contact your Local Supervisory Authority. At all times, you are free to contact and/or lodge a complaint with your local supervisory authority regarding the privacy concerns that you may have.

Binding Arbitration. There is the possibility, under certain conditions, for you to invoke binding arbitration for an incident involving your Personal Information.

Liability in Cases of Onward Transfers. XBENEFITS has liability in cases of onward transfers of Personal Information to third parties.

If you have questions or concerns about how your Personally Identifiable Information may be used by XBENEFITS, you may contact our Compliance Department by sending an email to support@XBENEFITS.com.

XBENEFITS has further committed to cooperate with the EU data protection authorities (DPAs) with regard to unresolved complaints concerning human resources data transferred from the EU in the context of the employment relationship. If you do not receive timely acknowledgment of your complaint from XBENEFITS, or if we have not addressed your complaint to your satisfaction, please contact the EU DPAs for more information or to file a complaint. The services of the EU DPAs are provided at no cost to you.

If you have questions or concerns about how your Personally Identifiable Information may be used by XBENEFITS, you may contact our Compliance Department by sending an email to support@XBENEFITS.com. 

European Union Model Clauses. XBENEFITS offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Partners that operate in the European Union, and other international transfers of Partner data. A copy of our standard data processing addendum, incorporating Model Clauses, is available by emailing support@XBENEFITS.com.

 

U.S. Government Oversight. XBENEFITS is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC) or any other U.S. authorized statutory body.

8. Miscellaneous:

Changes to this Privacy Statement

‍We reserve the right to modify this Privacy Statement at any time, so please review it frequently. If XBENEFITS decides to change our privacy practices, we will post those changes to this Privacy Statement on the XBENEFITS Website and any other places we deem appropriate so that you are aware of the changes. Your continued use of this Site following the posting of changes constitutes your acceptance of such changes. If you have any questions or comments about this Privacy Statement, our email address is support@XBENEFITS.com.

Children’s Personal Information

‍XBENEFITS does not knowingly receive, maintain, user, or transfer the Personal Information of any person under the age of 18. XBENEFITS’s Services and the XBENEFITS Website are not directed to children, and if you are aware of any child who has provided XBENEFITS his or her Personal Information we ask you please let us know by emailing support@XBENEFITS.com.

Questions about this Privacy Policy should be directed to:

Email: support@XBENEFITS.com

 

Mail: XBENEFITS, LLC

700 East Firmin Street 

Kokomo, IN, 46902‍

 

‍

Last updated: February 14th, 2024

 

4854-5146-8449, v. 1

 

 

XBENEFITS Privacy Policy for California Residents

This Privacy Notice for California Residents (“California Privacy Notice”) supplements the information contained in the general Privacy Policy of XBENEFITS, LLC (“XBENEFITS,” “we,” or “us”), which is incorporated in California Privacy Notice by this reference. This California Privacy Notice applies solely to those who reside in the State of California (“consumers” or “you”), including visitors to www.XBENEFITS.com. or any other of our websites that link to this California Privacy Notice (collectively, the “Site”). We adopt this California Privacy Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this California Privacy Notice.

Please note that this California Privacy Notice is limited to the information that XBENEFITS may collect in its marketing activities and through its website. While XBENEFITS may collect certain additional personal information in its role as an employer, service provider, or contracting party, that information goes beyond the scope of this California Privacy Notice.

1. Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). In particular, we collect, and within the last 12 months we have collected, the following categories of Personal Information from the sources and for the business or commercial purposes described below:

For clarity, Personal Information does not include: publicly available information from government records, deidentified or aggregated consumer information, or information excluded from the CCPA’s scope.

In addition to the business or commercial purposes for collection described above, we have in the preceding 12 months collected all categories of Personal Information described above for the following purposes:

  • To process your requests and transactions and to prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • For testing, research, analysis, and product development, including to develop and improve this Site and our products and services.
  • To provide, support, personalize, and develop this Site and our products and services.
  • To help maintain the safety, security, and integrity of this Site and our products, services, databases, other technology assets, and business.
  • To deliver content and product and service offerings relevant to your interests, including targeted offers and ads through this Site, third-party sites, and via email or text message (with your consent, where required by law).

We may also use or disclose the Personal Information we collect for one or more of the following purposes:

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of XBENEFITS’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by XBENEFITS about the users of this Site is among the assets transferred.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

2. Disclosures of Personal Information for a Business Purpose

We share your Personal Information for a business purpose to the following categories of third parties:

  • Service providers.
  • Affiliates.
  • Advertising networks.
  • Data analytics providers.

In the preceding 12 months, we have disclosed to these third parties the following categories of Personal Information for a business purpose:

  • Identity Data.
  • Customer Records Data.
  • Commercial Data.
  • Internet Use Data.

3. Your Rights and Choices

The CCPA provides you, as California residents, with specific rights regarding your Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

‍You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).
  • If we disclosed for a business purpose, a list identifying the Personal Information categories that each category of recipient obtained.

Deletion Rights

‍You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Right to Prevent Sale of Personal Information

‍To request XBENEFITS not to “sell” your Personal Information, please submit the form found here. Please note, some transfers of your Personal Information may not be considered “sales” and certain exemptions may apply under the CCPA. Your selection does not affect other sharing of your information, as outlined in our Privacy Policy.

Exercising Access, Data Portability, Do Not Sell, and Deletion Rights

 

‍To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

 

XBENEFITS, LLC

700 East Firmin Street Suite 99

Kokomo, IN, 46902‍

Attn: Compliance Department

 

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us, but we may require authentication of the consumer that is reasonable in light of the nature of the Personal Information requested.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

‍We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (for a maximum total of 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the receipt of a verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless the request is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Alternatively, we may decline to respond to the request and notify you of our reason for doing so.

Non-Discrimination

‍We will not discriminate against you for exercising any of your CCPA rights. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, levels, or quality of goods or services. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

4. Changes to this Privacy Notice

XBENEFITS reserves the right to update or change this California Privacy Notice at any time. When we make changes to this California Privacy Notice, we will post the updated notice on this Site and update the date on which California Privacy Notice was last updated. The date this California Privacy Notice was last updated is at the bottom of this page. You are responsible for periodically reviewing this Site and this California Privacy Notice to check for any updates or changes. Your continued use of this Site following the posting of changes constitutes your acceptance of such changes.

Contact Us

XBENEFITS’ General Privacy Statement: You can view XBENEFITS’ General Privacy Statement here: https://www.XBENEFITS.com/privacypolicy

If you have any questions or comments about this California Privacy Notice or our privacy practices, your choices and rights regarding use of your Personal Information, or wish to exercise your rights under California law, please contact us at:

Email: support@XBENEFITS.com.

Mail:

XBENEFITS, LLC

700 East Firmin Street Suite 99

Kokomo, IN, 46902‍

Attn: Compliance Department

Last updated: January 30, 2024

4886-6463-2993, v. 1

TERMS OF SERVICE

Effective Date: April 9th, 2024

  1. IF YOU ARE AN AFFILIATE OR VENDOR (AS DEFINED IN THE APPLICABLE AGREEMENT) THAT HAS EXECUTED AN ASSOCIATE AFFILIATE AGREEMENT OR A VENDOR AGREEMENT WITH XBENEFITS LLC THAT IS CURRENTLY IN EFFECT, THESE EXTERNAL USER TERMS OF SERVICE DO NOT APPLY TO YOU.

IF YOU ARE A POTENTIAL CUSTOMER, AFFILIATE, VENDOR, OR OTHER INDIVIDUAL WHO HAS SUPPLIED INFORMATION THROUGH ONE OF XBENEFITS’S AFFILIATES OR VENDORS, THESE EXTERNAL USER TERMS OF SERVICE DO NOT APPLY TO YOU.

  1. This External User Terms of Service (these “Terms of Service”) states the terms upon which one or more XBENEFITS services (collectively, the “Service”), offered by XBENEFITS, LLC or one or more of its affiliates, is provided to a user (“External User” or “You”) accessing or using the Service at the invitation of a XBENEFITS Affiliate or Vendor (as defined below). An External User is a person outside the Affiliate’s organization who is given rights by the Affiliate to access some or all of the Affiliate’s Service repository.

References to “Affiliate” means an organization party to a then-current XBENEFITS Affiliate Associate Agreement or Vendor Agreement to use the Service on a fee-paying commercial basis. External User is not a third-party beneficiary of any agreement between XBENEFITS and an Affiliate. As a condition of using the Service, You acknowledge and agree all data, documents, and information in the Service (“Affiliate Data”) will be treated by XBENEFITS as if it belongs to, and is controlled by, the Affiliate. The Affiliate is solely responsible to inform You of its policies regarding handling of Affiliate Data, including obtaining consent necessary for using, transferring, and processing Affiliate Data in accordance with applicable laws.

XBENEFITS reserves the right at any time to modify these Terms of Service and to impose new or additional terms or conditions on the use of the Service by an External User. You will be notified of modified Terms of Service through Your user account.

  1. External Users must accept these Terms of Service in order to use the Service. You acknowledge that Your electronic submissions constitute Your agreement and intent to be bound by these terms.
  1. User Registration Details

In consideration of Your use of the Service, You agree to provide accurate, and complete registration information, and to maintain and promptly update such information to keep it current, and complete. You must be at least 18 years of age to accept these Terms of Service and to use the Service.

  1. Use of the Service

XBENEFITS’s duties are owed to Affiliate or Vendor.  XBENEFITS does not charge a fee to External Users and XBENEFITS disclaims any and all liability to External User. Except for any duty owed by the Affiliate to any External User, use of the Service is at External User’s sole risk.  XBENEFITS reserves the right to modify the Service, in whole or part, in its sole discretion and without notice to External User. Your account is to be used solely by You. Use of an account by more than one person violates these Terms of Service.

  1. External User shall:
    1. Maintain the confidentiality of Your password and account and monitor activity conducted through Your account.
    2. Use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service.
    3. Notify Affiliate and XBENEFITS immediately of any unauthorized use of Your account or any breach of security.
    4. Comply with these Terms of Service, applicable law and government regulations, including export control, data privacy, and intellectual property laws, and terms of use applicable to third-party products You may access in connection with Your use of the Service.
    5. Ensure Affiliate Data is lawfully uploaded to the Service and does not violate any third-party’s rights, including copyright, trademark, or other. intellectual property rights.
    6. Provide, configure and maintain all hardware and user-side software necessary to use and access the Service and Internet access, and ensure the foregoing provide sufficient capacity, performance and connectivity and meet the service levels recommended by XBENEFITS.
    7. Maintain appropriate security, and protection of the devices accessing the Service.
    1. Use the Service only for the internal business purposes of the Affiliate that invited You to access the Service.
    2. Except as permitted by applicable laws that cannot be waived, not (i) share login credentials for the Service with any other person; (ii) transfer, copy, modify, sublicense, distribute, rent, lease, sell, convey, translate, disassemble, disable, hack, reverse engineer, decompile, frame, mirror, resell, disrupt or interfere the Service, features, functions, or performance thereof, or data or information contained therein; (iii) create derivative works from, build a product using ideas, features, functions, or graphics similar to the Service, or otherwise use the Service to compete with  XBENEFITS in any way; (iv) use the Service in any way that breaches the rights of any third party or violates any Law, including export control and data privacy laws; or (v) use the Service to store or transmit unlawful content.

External User agrees that XBENEFITS may access or disclose information about You or Your use of the Service to: (a) provide the Service, including to provide support to an Affiliate; (b) as required by applicable law; and (c) protect the rights, property or security of XBENEFITS, its users, or a third-party.

  1. Termination of the Service

External User’s access and use of the Service may be terminated by XBENEFITS and/or by the Affiliate at any time and without notice.  XBENEFITS does not owe any obligation to You with respect to any Affiliate Data You may have uploaded or otherwise transmitted to the Service.

  1. Intellectual Property and License Rights

The Service uses proprietary and confidential information that is protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.  XBENEFITS or its licensors are the sole and exclusive owners of all intellectual property (including trademarks) in the Service, and You neither have nor acquire any ownership interest, license, lease, or right to the Service except as provided herein.

  1. No Warranty

ALL SERVICES, INCLUDING ANY PRODUCTS, SOFTWARE OR SERVICES PROVIDED BY THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  XBENEFITS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, XBENEFITS MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR RESULTS OF THE USE THEREOF WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES. YOU ACKNOWLEDGE THE SERVICES MIGHT BE SUBJECT TO OCCASIONAL DELAYS, INTERRUPTIONS, AND OTHER ISSUES INHERENT TO INTERNET SERVICES, AND THAT THE SERVICES MAY CONTAIN DEFECTS AND/OR MAY NOT OPERATE UNINTERRUPTED OR ERROR FREE.

  1. Limitation of Liability

IN NO EVENT SHALL  XBENEFITS, ITS AFFILIATES, DIRECTORS, OFFICERS, LICENSORS, SUBCONTRACTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE UNDER THESE TERMS OF USE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY, OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF  XBENEFITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  XBENEFITS’S MAXIMUM LIABILITY FOR ANY AND ALL CLAIMS RELATED TO OR ARISING OUT OF THESE TERMS OF USE, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, OR ANOTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED $100 U.S. DOLLARS IN THE AGGREGATE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. MULTIPLE CLAIMS SHALL NOT INCREASE ANY OF THE LIMITATIONS SET FORTH IN THIS SECTION.

The limitations in this section shall apply to the maximum extent permitted by law.

  1. Governing Law

The Terms of Service and any dispute arising out of or relating hereto will be governed by the same governing law as the Affiliate Associate Agreement, without regard to conflict of law or the United Nations Convention on the International Sale of Goods. Exclusive jurisdiction over any dispute arising out of these Terms of Service will rest in the same courts identified in the Affiliate Associate Agreement. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. If You want to know the governing law provisions of the Affiliate Associate Agreement, please direct Your question to the Affiliate or to XBENEFITS using the details at the end of this document.

  1. Miscellaneous
    1. Any notices sent to You pursuant to these Terms of Service will be sent to the email address associated with Your account.
    2. You may not assign or transfer Your rights or obligations under these Terms of Service to any party.  XBENEFITS may assign these Terms of Service in their entirety and without Your consent to an affiliate of XBENEFITS in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of XBENEFITS’s stock or assets.
    3. If any provision in these Terms of Service is held invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.
    4.  XBENEFITS’s failure to enforce any provision in these Terms of Service shall not be construed as a waiver of that provision.
    5. You agree in the event of Your use of the Service in violation of these Terms of Service, or the threat of either of the foregoing, XBENEFITS shall be entitled to injunctive relief.
    6. The Terms of Service, including any terms incorporated by reference into the Terms of Service, constitute the entire agreement between You and XBENEFITS and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
    7.  XBENEFITS reserves the right to modify the Services, these Terms of Service, and its privacy policy at its sole discretion and without notice to You. Your continued use of the Services after the effective date of any such modification will constitute Your acceptance thereof.
    8. Sections 2, 4, 6, 7, 8, 10 of these Terms of Service will survive any termination or expiration of the Terms of Service.
    9. For all purposes of these Terms of Service, the word “including” and related terms mean inclusion without limitation and do not limit the generality of the statements they qualify, and the word “or” is not exclusive and shall have the meaning commonly ascribed to the term “and/or.”

Questions about these Terms of Service should be directed to:
‍Email: support@XBENEFITS.com

 

Mail:

 

XBENEFITS, LLC

700 East Firmin Street Suite 99

Kokomo, IN, 46902‍

 

Last updated: January 30, 2024

 

4891-9226-3585, v. 1