Effective as of January 1, 2020
Last Updated August ___, 2023
Introduction
X-Chair (“X-Chair,” “we,” “our,” or “us”) respects the privacy of your information. This privacy notice is designed to assist you in understanding how we collect, use, share, and safeguard your information. This privacy notice applies to individuals who access this website (“Site”) and any of our online, and where required, offline services (collectively, “Services”).
From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.
This Privacy Policy covers the following topics:
- Personal Data We Collect
- How We Use Your Personal Data
- How We Share Your Personal Data
- Universal Opt-Out Mechanisms
- Security
- Third Party Links
- Children’s Privacy
- Your State Privacy Rights
- Notice to California Residents
- Accessibility
- How To Contact Us
- Personal Data We Collect
We collect personal data from you through your use of the Site and Services. Personal data is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal data:
Personal Data You Provide
Depending on how you interact with our Site and Services, we will collect the following personal data that you voluntarily provide to us for the following purposes:
- Create an Account. If you create an account, you will provide us with your name, email address, and password.
- Sign In. When you sign into your account, you will provide us with your login credentials.
- Place an Order. If you place an order, you will provide us with your name, email address, shipping address, billing address, and payment information.
- Sign Up for Email. If you sign up to receive emails from us, you will provide us with your name and email address. To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails. You also may submit a request to us at Service@XChair.com.
- Sign Up for Text Messages. If you sign up to receive text messages from us, you will provide us with your name and phone number. To unsubscribe from receiving text messages from us, please reply “STOP” to the text message.
- Chatbot. If you use our chatbot feature, you may provide your name and any other information you choose to provide in your message. Our chatbot feature is provided by LiveChat. LiveChat may collect, record, and store the information you provide in the chat. Please review LiveChat’s privacy policy here.
- Contact Us. If you contact us, you will provide us with your name, email address, and any other information you choose to provide in your message.
When you opt-in for email and/or text message marketing, you can expect to receive weekly communications regarding company information, price changes, promotions, and product announcements. You will no longer receive marketing email communications from us if you unsubscribe. Likewise, if you opt-out of text messages, you will no longer receive text messages from us. If you are experiencing issues with our text messaging, you can reply with "HELP" for more assistance, or you can get help directly at service@xchair.com. Mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you. This website, Xchair.com, uses cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart. This information is used to determine when to send cart reminder messages via SMS and email.
Personal Data as You Navigate Our Site
We automatically collect certain personal data through your use of our Site and our use of cookies and other tracking technologies, such as the following:
- Usage Information. For example, the pages on the Site you access, the frequency of access, and what you click on while on the Site.
- Device Information. For example, hardware model, operating system, application version number, and browser.
- Mobile Device Information. Aggregated information about whether the Site is accessed via a mobile device or tablet, the device type, and the carrier.
- Location Information. Location information from Site visitors on a city-regional basis.
To learn more about how we use cookies and to manage your cookie settings, please see our Cookie Policy.
Personal Data We Collect About You from Other Sources
In some cases, we may receive personal data about you from other sources. This may include advertising networks, operating systems and platforms, mailing list providers, social networks, and advertising and marketing partners.
We use a third-party to offer financing on your purchases. If you apply for financing through Affirm, our third-party financing provider, we may receive information from them, such as your name and your approved-financing status.
- How We use Your Personal Data
In addition to the purposes stated above, we may use all the personal data we collect in accordance with applicable law, such as to:
- Maintain and improve our Site and Services;
- Protect the security and integrity of our Site and Services;
- Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person and to otherwise fulfill our legal obligations;
- Monitor compliance with and enforce this Privacy Policy and any applicable agreements and policies;
- Defend our legal rights and the rights of others;
- Fulfill any other purposes for which you provide it;
- For any purpose that is reasonably necessary to or compatible with the original purpose for which we collected the personal data as disclosed to you; and
- Comply with applicable law.
- How We Share Your Personal Data
We may share the personal data that we collect about you in the following ways:
- With vendors who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
- To the extent that we are required to do so by law;
- In connection with any legal proceedings or prospective legal proceedings;
- To establish, exercise, or defend our or a third party’s legal rights, including providing information to others for the purposes of fraud prevention;
- With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal data;
- With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for any of these events;
- With any other person or entity where you consent to the disclosure; and
- For any other purpose disclosed by us when you provide the personal data or for any other purpose we deem necessary, including to protect the health or safety of others.
- Universal Opt-Out Mechanisms
The Site recognizes the Global Privacy Control (“GPC”) signal. If you are using a browser setting or plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.
- Security
We maintain commercially reasonable security measures to protect the personal data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal data, we cannot guarantee absolute security.
- Third Party Links
The Site may contain links that will let you leave the Site and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.
- Children’s Privacy
The Site and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal data from children under 13.
- Your State Privacy Rights and Additional Disclosures
Depending on the state in which you reside, you may have certain privacy rights regarding your personal data. If you are a California resident, please see our “Notice to California Residents” section below. For other state residents, your privacy rights may include (if applicable):
- The right to confirm whether or not we are processing your personal data and to access such personal data;
- The right to obtain a copy of your personal data that we collected from and/or about you in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another controller without hindrance, where the processing is carried out by automated means;
- The right to delete personal data that we collected from and/or about you, subject to certain exceptions;
- The right to correct inaccurate personal data that we maintain about you, subject to certain exceptions;
- The right, if applicable, to opt out of the processing of your personal data for purposes of (1) targeted advertising; (2) the “sale” of your personal data (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
- If we are required by applicable law to obtain your consent to process sensitive personal data, the right to withdraw your consent; and
- The right not to receive discriminatory treatment by us for the exercise of your privacy rights.
We use cookies and other tracking technologies to display advertisements about our products to you on nonaffiliated websites, applications, and online services. This is “targeted advertising” under applicable privacy laws. When we engage in those activities, we sell personal data (i.e., information from cookies) to third-party advertisers and analytics companies. We do not use personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning individuals.
To exercise your rights, please submit a request through our interactive webform available here or by calling us at 1-844-492-4247. If legally required, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the individual on whose behalf you are making such request. To do so, we will ask you to verify data points based on information we have in our records. If you are submitting a request on behalf of another individual, please use the same contact methods described above. If we refuse to take action regarding your request, you may appeal our decision through our interactive webform available here or by calling us at 1-844-492-4247. If you would like to opt out of targeted advertising, you may alter your cookie preferences here.
- Your California Privacy Rights
The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.
The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this “Your California Privacy Rights” section we will refer to this information as “Personal Information.”
Notice at Collection of Personal Information
We currently collect and, in the 12 months prior to the Last Updated Date of this Privacy Policy, have collected the following categories of Personal Information:
- Identifiers (name, alias, postal address, online identifier, Internet Protocol address, email address, account name, other similar identifiers)
- Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)
- Personal information described in California’s Customer Records statute (California Civil Code § 1798.80(e)) (telephone number, credit card number, debit card number, banking information, as well as the categories listed in “Identifiers” category above)
- Commercial information (products or services purchased, obtained or considered; or other commercial information)
- Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement)
- Geolocation data
- Inferences drawn from above information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
We collect Personal Information directly from California residents and from advertising networks, internet service providers, data analytics providers, operating systems and platforms, social networks. We do not collect all categories of Personal Information from each source.
In addition to the purposes stated above in the section “How We Use Your Personal Data” we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:
- Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
- Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes
- Debugging to identify and repair errors that impair existing intended functionality
- Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us
- Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, or providing similar services
- Providing advertising and marketing services, except for cross-context behavioral advertising, to you provided that, for the purpose of advertising and marketing, our service providers and/or contractors shall not combine the Personal Information of opted-out consumers that the service provider or contractor receives from us, or on our behalf with Personal Information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with you
- Undertaking internal research for technological development and demonstration
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us
- Advancing our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction
Sale, Sharing, and Disclosure of Personal Information
The following table identifies the categories of Personal Information that we sold or shared to third parties in the 12 months preceding the Last Updated Date of this Privacy Policy and, for each category, the categories of third parties to whom we sold or shared Personal Information:
|
Category of Personal Information |
Categories of Third Parties |
|
Internet or other electronic network activity information; geolocation; IP address |
Data analytics provider |
|
Cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology |
Data analytics providers, advertising networks |
We sold or shared Personal Information to advance our commercial or economic interests.
The following table identifies the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding the Last Updated Date of this Privacy Policy and, for each category, the categories of recipients to whom we disclosed Personal Information.
|
Category of Personal Information |
Categories of Recipients |
|
Name; postal address; telephone number |
Product shippers |
|
Online identifier |
Ecommerce platform |
|
Email address |
Email marketing provider |
|
Internet or other electronic network activity information; geolocation data; commercial information (records of products or services purchased, obtained or considered) |
Ecommerce platform |
|
Cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology |
Business partners |
We disclosed Personal Information for the business and commercial purposes describe above.
We do not knowingly collect or sell or share the Personal Information of consumers under 16 years of age. We do not collect or process sensitive Personal Information for the purpose of inferring characteristics about individuals and, consequently, do not collect sensitive Personal Information or use it for purposes other than those allowed by the CCPA and its regulations.
Retention of Personal Information
We retain your Personal Information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.
Your Rights
If you are a California resident, you have the following rights with respect to your Personal Information:
- The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
- The right to delete Personal Information that we collected from you, subject to certain exceptions;
- The right to correct inaccurate Personal Information that we maintain about you;
- If we sell or share Personal Information, the right to opt out of the sale or sharing;
- If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
- The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.
How to Submit a Request to Know, Delete, and/or Correct
You may submit a request to know, delete, and/or correct through our interactive webform available here or by calling us toll free at .
If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.
Our Process for Verifying a Request to Know, Delete, and/or Correct
We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.
We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.
Right to Opt-Out of Sale or Sharing of Personal Information
If you are a California resident, you have the right to direct us to stop selling or sharing your Personal Information.
You may submit a request to opt out of sales or sharing through our interactive webform available here. If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out. Please see the “Universal Opt-Out Mechanisms” section above for more information.
Notice of Financial Incentive
From time to time, you may have the opportunity to provide Personal Information in exchange for discounts and price differences. For example, if you sign up for our email list, you could be entered to win a free X-Chair. In addition, you could save up to $100.00 on your X-Chair purchase. Categories of Personal Information that we may collect when you subscribe to receive discounts and price differences include your email address.
How to Opt-In and Right to Withdraw
Signing up for discounts and price differences is optional. By providing your email address, during the discount sign-up process, you affirmatively opt in to receiving the financial incentive and to joining our mailing list. You have the right to withdraw from the financial incentive at any time. If you opt out of receiving a financial incentive, we will not reduce the value of any financial incentives you previously received from us. If you wish to withdraw from receiving the financial incentive, you may submit such a request at any time by emailing us at service@xchair.com.
How the Financial Incentive is Reasonably Related to the Value of Your Personal
Information
The financial incentive or price difference is reasonably related to the value provided by your Personal Information. We take into consideration, without limitation, the anticipated revenue generated from such information, the anticipated expenses which we might incur in the collection imposition of any financial incentive or price difference. Based on this analysis, the value of your Personal Information that allows us to make these offers and financial incentives is the value of the offer itself., storage, and use of such information, and the anticipated expenses which we might incur related to the offer, provision, and imposition of any financial incentive or price difference. Based on this analysis, the value of your Personal Information that allows us to make these offers and financial incentives is the value of the offer itself.
Shine the Light Law
We do not disclose personal information obtained through our Sites or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.
- Accessibility
We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.
- Contact Us
If you have questions or feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 1- 844-4XCHAIR (844-492-4247). International Customers can reach us at: