XEMBLY TERMS OF USE AGREEMENT

XEMBLY TERMS OF USE AGREEMENT

Effective as of August 9, 2021.

This “Privacy Policy” describes the privacy practices of Xembly, Inc. and our subsidiaries and affiliates (collectively, “Xembly“, “we“, “us“, or “our“) in connection with the https://www.xembly.com/ website, the Xembly browser extension (the “Extension“), and any other website or mobile application that we own or control and which posts or links to this Privacy Policy (collectively, the “Service“), and the rights and choices available to individuals with respect to their information.

Effective as of August 9, 2021.

This “Privacy Policy” describes the privacy practices of Xembly, Inc. and our subsidiaries and affiliates (collectively, “Xembly“, “we“, “us“, or “our“) in connection with the https://www.xembly.com/ website, the Xembly browser extension (the “Extension“), and any other website or mobile application that we own or control and which posts or links to this Privacy Policy (collectively, the “Service“), and the rights and choices available to individuals with respect to their information.

TABLE OF CONTENTS

  • Personal Information We Collect
  • How We Use Your Personal Information
  • How We Share your Personal Information
  • Your Choices
  • Other sites, mobile applications and services
  • Security practices
  • International data transfers
  • Privacy Shield
  • Children
  • Changes to this Privacy Policy
  • How to Contact Us

Personal Information We Collect

Information you provide to us. Personal information you provide to us through the Service or otherwise includes:

  • Contact information, such as your first and last name, professional title, and email address.
  • Google Calendar information, such as who created the meeting, who said they would attend, the meeting subject, the content of the meeting invitation, the type of call (e.g., teleconference, Google Meet or Zoom), the time and day that meeting is scheduled, the location of the meeting, and whether it is a recurring meeting.
  • Google Profile information, such as your username and your photograph.
  • Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
  • Usage information, such as information about how you use the Service and interact with us, including information you provide when you use any interactive features of the Service.
  • Communication information, such as your preferences for receiving communications about our Service and details about how you engage with our communications.
  • Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from social media platforms. We may maintain pages for Xembly on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

Information we obtain from third parties. To access the full features of the Extension, you must login to a third-party platform (e.g., Google account), or otherwise connect your account on the third-party platform to the Service. By doing so, you grant us access and agree to allow us to collect information from that platform. For example, this information includes your Google Calendar information, Google username, Google email address, and Google profile picture. You can read more about your privacy choices in the “Connecting via Google” portion of the “Your Choices” section.

Data Collected Automatically. We may automatically log the following information about you, your computer or mobile device, and your activity over time on the Service and other online services:

  • Usage data, such as whether the Extension is installed, whether the Extension is enabled or disabled, whether you leave or open a new tab, whether you have a Google Chrome tab opened in calendar.google.com, navigation paths between pages or screens, and access times.

XEMBLY DOES NOT SAVE OR STORE ANY DATA REGARDING YOUR ONLINE ACTIVITY BEYOND OR OUTSIDE THE EXTENSION FUNCTIONALITY AND/OR GOOGLE CALENDAR.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To operate the Service. We use your personal information to:

  • provide, operate and improve the Service
  • provide information about our products and services
  • communicate with you about the Service, including by sending you information about your use of the Service
  • provide support and maintenance for the Service
  • to respond to your requests, questions, and feedback

For research and development. We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying use of the Service.

To comply with the law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated, or de-identified data. We may create anonymous, aggregated, or de-identified data from your personal information and other individuals whose personal information we collect. Any meeting performance feedback given through the Services is provided to the requestor of such meeting performance anonymously. We make personal information into anonymous, aggregated, or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

How We Share your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Other Users. We may share feedback you provide regarding others who are identified as invitees/participants in your calendar meetings with such individuals. By default, we do not attribute your name to any feedback you provide related to other users and will not share your feedback with any other user unless at least one other person provides feedback related to such person.

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

Business transfers.We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Your Choices

In this section, we describe the rights and choices available to all users.

Opt out of communications. You may opt out of marketing-related emails by contacting us at legal@xembly.com. You may continue to receive service-related and other non-marketing emails.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means. Additionally, in certain circumstances and under applicable law, you may have the right to access and receive a copy of the personal information we hold about you, request that we rectify any inaccuracies, as well as request the deletion of personal information, by contacting us at the address below.

Connecting via Google. When connecting to the Service via a third-party platform (e.g., Google account), you may have the ability to limit the information that we may obtain from the third-party at the time you login to the Service using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. For example, you may access and change your privacy settings and unlink your Google account through the Google account Security page under “Third-party apps with account access.” If you withdraw our ability to access certain information from a third-party platform, that choice will not apply to information that we have already received from that third-party. You can also decide to revoke Xembly’s access to your Google account by visiting https://app.xembly.com/login and pressing the “Sign Out” button.

Other sites, mobile applications and services

The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third-party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security practices

The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. Further, we do not have our own sign in functionality; we use the OAuth2 system provided by Google Sign In. You must prevent unauthorized access to your Google account and personal information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. Any data that is collected solely by Xembly, such as meeting performance feedback (as opposed to data that is collected and shared to the Service by Google) is stored with personal identifiers but is displayed anonymously.

International data transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

Privacy Shield

Xembly Inc. complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Xembly Inc. has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Xembly Inc. commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at the contact address found at the bottom of this page.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, Xembly Inc. has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.

In certain circumstances, the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework provide the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.

The Privacy Shield Principles describe Xembly Inc’s accountability for personal data that it subsequently transfers to a third-party agent. Under the Principles, Xembly Inc. shall remain liable if third-party agents process the personal information in a manner inconsistent with the Principles, unless Xembly Inc. proves it is not responsible for the event giving rise to the damage.

The Federal Trade Commission (FTC) has jurisdiction over Xembly Inc’s compliance with the Privacy Shield.

Children

As a general rule, children are not allowed to use the Service, and we do not collect personal information from them. We define “children” as anyone under 13 years old. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents with concerns to contact us at the contact address found at the bottom of this page.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to legal@xembly.com. You may also write to us via postal mail at:

Xembly, Inc.
Attn: Legal – Privacy
3415 Cascadia Avenue South
Seattle, WA 98144

TABLE OF CONTENTS

  • Personal Information We Collect
  • How We Use Your Personal Information
  • How We Share your Personal Information
  • Your Choices
  • Other sites, mobile applications and services
  • Security practices
  • International data transfers
  • Privacy Shield
  • Children
  • Changes to this Privacy Policy
  • How to Contact Us

Personal Information We Collect

Information you provide to us. Personal information you provide to us through the Service or otherwise includes:

  • Contact information, such as your first and last name, professional title, and email address.
  • Google Calendar information, such as who created the meeting, who said they would attend, the meeting subject, the content of the meeting invitation, the type of call (e.g., teleconference, Google Meet or Zoom), the time and day that meeting is scheduled, the location of the meeting, and whether it is a recurring meeting.
  • Google Profile information, such as your username and your photograph.
  • Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
  • Usage information, such as information about how you use the Service and interact with us, including information you provide when you use any interactive features of the Service.
  • Communication information, such as your preferences for receiving communications about our Service and details about how you engage with our communications.
  • Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from social media platforms. We may maintain pages for Xembly on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

Information we obtain from third parties. To access the full features of the Extension, you must login to a third-party platform (e.g., Google account), or otherwise connect your account on the third-party platform to the Service. By doing so, you grant us access and agree to allow us to collect information from that platform. For example, this information includes your Google Calendar information, Google username, Google email address, and Google profile picture. You can read more about your privacy choices in the “Connecting via Google” portion of the “Your Choices” section.

Data Collected Automatically. We may automatically log the following information about you, your computer or mobile device, and your activity over time on the Service and other online services:

  • Usage data, such as whether the Extension is installed, whether the Extension is enabled or disabled, whether you leave or open a new tab, whether you have a Google Chrome tab opened in calendar.google.com, navigation paths between pages or screens, and access times.

XEMBLY DOES NOT SAVE OR STORE ANY DATA REGARDING YOUR ONLINE ACTIVITY BEYOND OR OUTSIDE THE EXTENSION FUNCTIONALITY AND/OR GOOGLE CALENDAR.

How We Use Your Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To operate the Service. We use your personal information to:

  • provide, operate and improve the Service
  • provide information about our products and services
  • communicate with you about the Service, including by sending you information about your use of the Service
  • provide support and maintenance for the Service
  • to respond to your requests, questions, and feedback

For research and development. We analyze use of the Service to analyze and improve the Service and to develop new products and services, including by studying use of the Service.

To comply with the law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Service; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

To create anonymous, aggregated, or de-identified data. We may create anonymous, aggregated, or de-identified data from your personal information and other individuals whose personal information we collect. Any meeting performance feedback given through the Services is provided to the requestor of such meeting performance anonymously. We make personal information into anonymous, aggregated, or de-identified data by removing information that makes the data personally identifiable to you. We may use this anonymous, aggregated or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

How We Share your Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances or as described in this Privacy Policy:

Other Users. We may share feedback you provide regarding others who are identified as invitees/participants in your calendar meetings with such individuals. By default, we do not attribute your name to any feedback you provide related to other users and will not share your feedback with any other user unless at least one other person provides feedback related to such person.

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

Business transfers.We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

Your Choices

In this section, we describe the rights and choices available to all users.

Opt out of communications. You may opt out of marketing-related emails by contacting us at legal@xembly.com. You may continue to receive service-related and other non-marketing emails.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services. We will tell you what information you must provide to receive the Service by designating it as required at the time of collection or through other appropriate means. Additionally, in certain circumstances and under applicable law, you may have the right to access and receive a copy of the personal information we hold about you, request that we rectify any inaccuracies, as well as request the deletion of personal information, by contacting us at the address below.

Connecting via Google. When connecting to the Service via a third-party platform (e.g., Google account), you may have the ability to limit the information that we may obtain from the third-party at the time you login to the Service using the third-party’s authentication service or otherwise connect your account. Subsequently, you may be able to control your settings through the third-party’s platform or service. For example, you may access and change your privacy settings and unlink your Google account through the Google account Security page under “Third-party apps with account access.” If you withdraw our ability to access certain information from a third-party platform, that choice will not apply to information that we have already received from that third-party. You can also decide to revoke Xembly’s access to your Google account by visiting https://app.xembly.com/login and pressing the “Sign Out” button.

Other sites, mobile applications and services

The Service may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third-party websites, mobile applications or online services, and we are not responsible for their actions. Other websites, mobile applications and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security practices

The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. Further, we do not have our own sign in functionality; we use the OAuth2 system provided by Google Sign In. You must prevent unauthorized access to your Google account and personal information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. Any data that is collected solely by Xembly, such as meeting performance feedback (as opposed to data that is collected and shared to the Service by Google) is stored with personal identifiers but is displayed anonymously.

International data transfers

We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.

Privacy Shield

Xembly Inc. complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Xembly Inc. has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, Xembly Inc. commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at the contact address found at the bottom of this page.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, Xembly Inc. has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.

In certain circumstances, the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework provide the right to invoke binding arbitration to resolve complaints not resolved by other means, as described in Annex I to the Privacy Shield Principles.

The Privacy Shield Principles describe Xembly Inc’s accountability for personal data that it subsequently transfers to a third-party agent. Under the Principles, Xembly Inc. shall remain liable if third-party agents process the personal information in a manner inconsistent with the Principles, unless Xembly Inc. proves it is not responsible for the event giving rise to the damage.

The Federal Trade Commission (FTC) has jurisdiction over Xembly Inc’s compliance with the Privacy Shield.

Children

As a general rule, children are not allowed to use the Service, and we do not collect personal information from them. We define “children” as anyone under 13 years old. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents with concerns to contact us at the contact address found at the bottom of this page.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through the Service.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on the Service (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

How to Contact Us

Please direct any questions or comments about this Policy or privacy practices to legal@xembly.com. You may also write to us via postal mail at:

Xembly, Inc.
Attn: Legal – Privacy
3415 Cascadia Avenue South
Seattle, WA 98144