Last Modified: March 11, 2019
1. THE INFORMATION WE COLLECT
- Visit a Xanadu retail store;
- Connect with a Xanadu digital display at a retail store; or
- Participate in a Xanadu research survey or study.
We refer to these products and services collectively as the “Services”. We obtain information about you through the means discussed below when we provide the Services. Please note that we need certain types of information so that we can provide the Services to you. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use our Services.
1.1 Information You Provide to Us
Xanadu collects a variety of information that you provide directly to us. For example, Xanadu collects information from you through:
- Processing your orders
- Requests or questions you submit to us via forms or email
- Your communications and dealings with us (including on our websites, in stores, at special events, over the phone, on third-party social media sites, and by mail or email)
- The Services that you use
- Your participation in Xanadu sweepstakes, contests, or research
- Any reviews that you submit about the Services and Xanadu products
- Employment applications
- Account and product registration and administration of your account
- Uploads or posts to the Services
- Requests for customer support and technical assistance
Information About You
While some of the Services may not require you to provide any information that can directly identify you by name, the specific types of information we collect will depend upon the Services you use, how you use them, and the information you choose to provide. The types of data we collect directly from you includes:
- Name, address, telephone number and email address (and company name, address, contact information, and other company details if you are using a Xanadu business website or product)
- Log-in credentials, if you create a Xanadu account
- Billing information, such as shipping address, credit or debit card number, verification number, and expiration date
- Information about purchases or other transactions with us
- Information about your customer service and maintenance interactions with us
- Demographic information such as your gender
- User-generated content you post in public online Xanadu forums
- Any other information you choose to directly provide to Xanadu in connection with your use of the Services.
Information About Others
If you request that your Xanadu purchase be shipped to someone other than yourself (such as a gift recipient), we use the information you provide about the other person to fulfill the shipment.
Some of our products and features will allow you or require you to create an account and establish a Xanadu username. This username may allow you to sign into a range of Xanadu Services. It also enables Xanadu to consolidate information collected across a range of Xanadu products and services, which helps us provide you with a more seamless experience across our Services.
1.2 Information We Collect Through Automated Means
When you use our Services, we collect certain information as described in this Section. As discussed further below, we and our service providers (which are third party companies that work on our behalf), may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
When you use our websites, we collect and analyze information such as your IP address, browser types, browser language, operating system, the state or country from which you accessed the Services, software and hardware attributes (including device IDs) referring and exit pages and URLs, platform type, the number of clicks, files you download, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our sites, the date and time you used the Services and upload or post content, error logs, and other similar information.
Xanadu Mobile Applications and Software
When you use a Xanadu mobile application or software, we automatically receive certain information about the mobile phone, tablet, or computer used to access the application or software, including a mobile device identifier, IP address, operating system, version, Internet service provider, browser type, domain name and other similar information, whether and when you update the app and your connected Xanadu products, date and time of use, and how you use the app, including time spent in different portions of the application, content accessed or downloaded, and list of systems and software applications.
When you use the Services, we and our service providers may automatically collect general location information (e.g., IP address, city/state and or postal code associated with an IP address) from your computer or mobile device. This information allows us to enable access to content that varies based on a user’s general location.
We will ask your permission before collecting your precise GPS location information. In such instances, we will use your precise geo-location information to provide customized services, content, promotional offers and other information that may be of interest to you. If you no longer wish for us and our service providers to collect and use GPS location information, you may disable the location features on your device. Please see your device manufacturer settings. Please note that if you disable such features, you will not be able to access or receive some or all of the services, content, features, and/or products made available via the Services.
Collection of Information Across Xanadu products, personal devices, and applications
Sometimes, we (or our service providers) may use the information we collect -- for instance, usernames, IP addresses and unique mobile device identifiers -- to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or other connected products), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your Android or Apple device-based settings.
1.3 Information We Collect at Xanadu Retail Locations
At Xanadu retail locations or third-party retail locations that sell Xanadu products, you may additionally have the ability to connect your personal devices to Xanadu digital displays or to otherwise provide information about yourself through such displays. If you choose to connect to such displays or provide Xanadu with information about yourself in this way, the types of information we collect include the type of phone you are using to initiate the connection (e.g., iOS7) and the name you assigned to your phone (if any).
1.4 Information We Collect from Social Media and Other Content Platforms
When you “like” or “follow” us on Instagram or other social media sites, we may collect some information from you including your name, e-mail address, and any comments or content you post relevant to us. We also collect your information if you sign up for one of our promotions or submit information to us through social media sites.
1.5 Information We Collect from Others
Xanadu may receive additional information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you with the Xanadu brand and improve Xanadu’s products, analytics, and advertising.
2. HOW WE USE YOUR INFORMATION
- Complete a purchase or provide the Services you have requested, including invoicing and accounting
- Respond to your request for information and provide you with more effective and efficient customer service
- Provide you with updates and information about products you have purchased from us
- Contact you by email, postal mail, or phone regarding Xanadu and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
- Customize the advertising and content on the Services
- Help us better understand your interests and needs, and improve the Services
- Synthesize and derive insights from your use of different Services
- Engage in analysis, research, and reports regarding use of our Services
- Provide, manage, and improve the Services and their performance, and test and create new products, features, and services
- Secure our websites, products, software, applications, or Xanadu retail stores Understand and resolve app crashes and other issues being reported
- Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
- Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others
Aggregate/ Anonymous Data
We may aggregate and/or anonymize any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.
3. LEGAL BASIS TO USE YOUR INFORMATION
- Where use of your information is necessary to perform our obligations under a contract with you (for example, to comply with: the terms of service of our websites which you accept by browsing the websites/registering; and/or our contract to provide our Services to you); or
- Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide security for our websites, products, software, applications, or Xanadu retail stores; operate our business and our Services; ensure safe environments for our staff and visitors; make and receive payments; comply with legal requirements and defend our legal rights; prevent fraud and to know the customer to whom we are providing Services).
4. COOKIES AND SIMILAR TECHNOLOGIES
To collect the information in the “Information We Automatically Collect” section above, we and our service providers use Internet server logs, cookies, tags, SDKs, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences.
- A web server log is a file where website activity is stored.
- An SDK is a set of tools and/or code that we embed in our applications and software to allow third parties to collect information about how users interact with the Services.
- A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.
- Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email that are designed to: (1) collect usage information like ad impressions or clicks and email open rates; (2) measure popularity of the Services and associated advertising; and (3) access user cookies.
As we adopt additional technologies, we may also gather information through other methods.
Please note that you can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). You can also manage the use of Flash technologies, including flash cookies and local storage objects with the Flash management tools available at Adobe's website. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services. For example, to complete a purchase on our websites, you will need to accept cookies sent by our sites. If you choose not to accept our cookies, please call us at (602) 206-2100 to place your order by phone or click here for additional Xanadu contact information.
5. ONLINE ANALYTICS AND ADVERTISING
We may use third-party web analytics services (such as those of Google Analytics, Crashlytics, Mixpanel, Flurry, Brightcove, Localytics and Bazaarvoice) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here. We may also use Adobe Analytics to analyze and optimize the performance of our websites, advertising, and content. To learn more about Adobe’s privacy practices and to make choices regarding Adobe’s tracking activities, please click here.
If you receive email from us, we may use certain analytics tools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
5.2 Online Advertising
The Services may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
Third parties, whose products or services are accessible or advertised via the Services, may also place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about you as discussed above. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick and others) to serve tailored ads to you on the Services, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Services. We sometimes provide our customer information (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to provide you with more relevant ads when you visit other websites and mobile applications.
If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link, or Your Online Choices to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ads Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
Please note that if you exercise the opt out choices above, you will still see advertising when you use the Services, but it will not be tailored to you based on your online behavior over time.
5.3 Mobile Advertising
When using mobile applications from Xanadu or others, you may also receive tailored in-application advertisements. We may use third-party service providers to deliver advertisements on mobile applications or for mobile application analytics. Each operating system, iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices provides its own instructions on how to prevent the delivery of tailored in-application advertisements. We do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements; thus, you should contact the platform provider for further details on opting out of tailored in-application advertisements. You may review the support materials and/or the device settings for the respective operating systems to opt-out of tailored in-app advertisements.
5.4 Notice Concerning Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here.
6. HOW WE SHARE AND DISCLOSE YOUR INFORMATION
Xanadu will share your information in the following ways:
Affiliates and Subsidiaries
We may share information we collect within the Xanadu family of companies (e.g, Xanadu’s manufacturing, distribution, and product development companies) to deliver products and services to you, ensure a consistent level of service across our products and Services, and enhance our products, services, and your customer experience.
We provide access to or share your information with select third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, product content and formulations, advertising, analytics, research, customer service, shipping and fulfillment, data storage, security, fraud prevention, payment processing, and legal services. Such parties may include crash and bug analytics providers like Crashlytics, and service providers like Segment to provide us with analytics for internal purposes.
Other Third-Party Apps
When you initiate a connection with a third-party service through the Services, we will share information about you that is required to enable delivery of the third-party content. Similarly, if you use a third-party app that works in connection with your Xanadu product, you acknowledge that information may be shared with the third-party app during the connection (e.g. information about how you use your Xanadu product). If you choose to initiate these connections, you agree that the third-party app’s policies and terms, and not Xanadu’s, govern these connections. We urge you to read the privacy and security policies of these third-parties.
Protection of Xanadu and Others
As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of Xanadu’s assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, Xanadu will comply with such restrictions.
Certain features of our Services make it possible for you to share comments publicly with other users. Any information that you submit through such features is not confidential, and Xanadu may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our sites, we may display your review (along with the name provided, if any) on other Xanadu websites and on third-party websites. Moreover, some of the Services may allow you to share information publicly with other users so that they may benefit from it. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.
Aggregate/ Anonymous Information
From time to time, Xanadu may share Aggregate/Anonymous Information about use of the Services, such as by publishing a report on usage trends. The sharing of such data is unrestricted.
7. RETENTION OF YOUR INFORMATION
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
8. DATA SUBJECT RIGHTS AND YOUR CHOICES
You have certain rights with respect to your information as further described in this section.
8.1 Your Legal Rights
If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Xanadu Contact Information” section below, at any time. Your local laws may permit you to request that we:
- provide access to and/or a copy of certain information we hold about you
- prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
- update information which is out of date or incorrect
- delete certain information which we are holding about you
- restrict the way that we process and disclose certain of your information
- transfer your information to a third-party provider of services
- revoke your consent for the processing of your information
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
8.2 Marketing Communications and Sharing
8.3 Placing an Order for Xanadu Products
To place an order on our websites, you must have cookies enabled. If you would like to place an order for Xanadu products or services but you have disabled cookies, please call us at (602) 206-2100 to place your order by phone.
8.4 Cross-device Tracking Opt-Out
If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your Android or Apple device-based settings.
9. THIRD PARTY LINKS AND FEATURES
10. CHILDREN'S PRIVACY
The Services are intended for adult audiences and not for persons under the age of 18. If we become aware that we have collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from persons under the age of 18 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We do not knowingly process data of EU residents under the age of 18 without parental consent. If we become aware that we have collected data from an EU resident under the age of 18 without parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
11. INTERNATIONAL USERS
The information discussed in this Policy that is collected outside of the United States is controlled by Xanadu Holdings. Your information will be processed in the United States for the purposes described herein. As described above, Xanadu also may subcontract the processing of your data to, or otherwise share your data with, other members within the Xanadu group, trusted service providers, and trusted business partners in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of Services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.
If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
12. HOW WE PROTECT YOUR INFORMATION
Xanadu takes technical and organizational security measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services or via the Internet and that any such transmission is at your own risk.
Where we have given you (or where you have chosen) a password which enables you to access to a Xanadu account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
13. CALIFORNIA PRIVACY RIGHTS
California law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined by applicable California law) with third parties for their direct marketing purposes. However, Xanadu does not share your personal information with third parties for their own direct marketing purposes.
15. XANADU CONTACT INFORMATION
You may also contact our Data Protection Officer by using the email address above or by postal mail at the following address: Xanadu Holdings, LLC c/o Data Protection Officer, 3218 E Bell Rd, Suite 116, Phoenix, AZ 85032