Website Privacy Policy

Last modified: May 18, 2021

1. Overview & Limitations
   
   XIT XTREME LLC (“Company” or “We”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy.
   
   This policy (sometimes, the “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website www.getapenguin.com, including any content, functionality, and services offered on or through www.getapenguin.com (our “Website”), whether as a guest or a registered user, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
   
   This policy applies to information we collect:
   • On or through this Website.
   • In email, text, and other electronic messages between you and this Website or other Website users.
   • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
   
   It does not apply to information collected by:
   • Us, offline or through any other means, including on any other website operated by us or any third party; or
   • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website
   
   Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices (including anything in this Privacy Policy or our Terms of Use), your only choice is not to use our Website. By accessing or using this Website or by clicking to accept or agree to the Terms of Use or Privacy Policy when this option is made available to you, you accept and agree to be bound and abide by both this Privacy Policy and the Terms of Use, which you can find at [●TERMS OF USE URL●]. This Privacy Policy may change from time to time (see Section 9. Changes to Our Privacy Policy). Your continued use of the Website following the posting of a revised Privacy Policy or Terms of Use means (and will be deemed to mean) that you accept and agree to the changes. Any changes to this Privacy Policy are binding on you, so you must check this page each time you access this Website.
   
   This Website is only offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website or clicking accept or agree when prompted in connection to the Terms of Use (or Privacy Policy), you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 2
    

2. Potential Users Under the Age of 18
   
   Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from anyone under 18. If you are under 18, do not use the Website or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a person under 18 without verification of parental consent, we will delete that information, but this may not ensure that all traces of information or User Contributions (as defined below) are comprehensively removed from the Website and the rest of the internet. If you believe we might have any information from or about a person under 18, please contact us immediately at [email@domainname.com].
    

3. Information We Collect About You and How It’s Collected
   
   We collect several types of information from and about users of our Website, including information:
   • By which you may be personally identified, such as name, postal or physical address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline or that can be reasonably linked to such information, such as by association with your online account (“personal information”);
   • That is about you but individually does not identify you, such as time zone and geographical area; and/or
   • About your internet connection, the equipment and devices you use to access our Website, and usage details.
   
   We collect this information:
   • When you directly provide it to us.
   • Automatically as you navigate through the site. o Information collected automatically may include (but is not limited to) usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
   • From third parties (for example, our business partners)
   
   A. You Provide Some Information
   
   The information we collect on or through our Website may include:
   
   • Information that you provide directly by filling in forms on our Website. This includes information provided at the time of registering to use our Website, posting material, requesting further services, or completing a transaction. We may also ask you for information when you report a problem with our Website or its content.
   • Records and copies of your correspondence (including email addresses), if you contact us.
   • Your responses to surveys that we might ask you to complete for research purposes.
   • Details of transactions you carry out through our Website. You may be required to provide financial or personal information before completing a transaction through our Website or resolving issues related to a transaction. This information may include, but is not limited to, your name, billing address, shipping address, payment information (including a credit card number or third-party payment account information), email address, and phone number (collectively “transaction information”).
   • Your search queries on the Website and pages you view as you navigate it.
   
   You also may provide information to be published, displayed, or sent (hereinafter, “post”) or engage in offers, sales, or transactions, whether on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions or information will not be viewed by unauthorized persons.
   
   B. We Collect Some Information Through Automatic Data Collection Technologies
   
   When you visit the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
   
   • Details of your visits to our Website, including traffic data, location data, logs, time zone, some of the cookies that are installed on your device, views and interaction with the Website and its content or users, purchase activity, other communication data, and the resources that you access and use on the Website.
   • Information about your device and internet connection, including your IP address, operating system, and browser type.
   
   We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please note that we do not alter our Website’s data collection and use practices when we see a “Do Not Track” signal from your browser.
   
   The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
   
   • Estimate our audience size and usage patterns.
   • Store information about your preferences, allowing us to customize our Website according to your individual interests.
   • Speed up your searches.
   • Recognize you when you return to our Website.
   
   The technologies we use for this automatic data collection may include:
   
   • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
   
   • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Section 7. Choices About How We Use and Disclose Your Information.
   
   • Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and to collect other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
    

4. Third-Party Use of Cookies and Other Tracking Technologies\
   
   Some content or applications, including advertisements, on the Website are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
   
   We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Section 7. Choices About How We Use and Disclose Your Information.
    

5. How We Use Your Information
   
   We use information that we collect about you or that you provide to us, including any personal information or transaction information:
   • To present our Website and its contents to you.
   • To provide you with information, products, or services that you request from us.
   • To fulfill any other purpose for which you provide it.
   • To provide you with notices about your account.
   • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing, fulfillment, and collection.
   • To communicate with you or notify you about changes to our Website or any products or services we offer or provide though it.
   • To allow you to participate in interactive features on our Website.
   • To screen our orders and transactions for potential risk of fraud or other improper or illegal practices.
   • In any other way we may describe when you provide the information.
   • For any other purpose with your consent.
   
   We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data or adjust your user preferences in your account profile. For more information, see Section 7. Choices About How We Use and Disclose Your Information.
   
   We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
    

6. Disclosure of Your Information
   
   We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
   
   We may disclose personal information that we collect or you provide as described in this Privacy Policy:
   
   • To our subsidiaries and affiliates.
   • To contractors, service providers, and other third parties we use to support our business.
   • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of XIT XTREME LLC 's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by XIT XTREME LLC about our Website users is among the assets transferred.
   • To third parties to market their products or services to you if you have not opted out of these disclosures.
   • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “share” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
   • To third parties to help us use your information, including personal information and transaction information, as described above. For example, we may use a third-party payment processor such as Shopify to power our online store. You can read more about how Shopify uses your personal information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your personal information here:
   https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
   • For any other purpose disclosed by us when you provide the information.
   • With your consent, including in a manner consistent with our Terms of Use.
   
   We may also disclose your personal information or transaction information:
   
   • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
   • To enforce or apply our Terms of Use [●TERMS OF USE URL●] or Transaction Terms [●TRANSACTION TERMS URL●] and other agreements, including for billing and collection purposes.
   • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of XIT XTREME LLC, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
    

7. Choices About How We Use and Disclose Your Information
   We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
   • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
   • You can opt out of some targeted advertising by using the links below: o Facebook (https://www.facebook.com/settings/?tab=ads).
   o Google (https://www.google.com/settings/ads/anonymous).
   o Bing (https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads).
   • Additionally, you can opt out of some services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/ and some targeted advertising by following the Network Advertising Initiative website link below.
   
   We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can learn more about how targeted advertising works and opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI's website (http://networkadvertising.org). 
   
   Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a verified request to this designated email address: email@domainname.com.
    

8. Accessing and Correcting Your Information
   You can review and change your personal information by logging into the Website and visiting your account profile page.
   
   You may also send us an email at info@getapenguin.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
   
   If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Our Terms of Use ([●TERMS OF USE URL●]) also govern proper access and use of information provided on the Website, including User Contributions.
    

9. Changes to Our Privacy Policy
   
   We will post any changes we make to this Privacy Policy. If we make material changes to how we treat our users’ personal information or transaction information, we will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring that we have an up-to-date, active, and deliverable email address for you. You must also periodically visit our Website and this Privacy Policy to check for any changes.
    

10. Contact Information
    To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: info@getapenguin.com