PRIVACY POLICY

The XDynamics Privacy Policy was updated on [                   ]

XDynamics, Limited, is committed to protecting your privacy. This Privacy Policy applies to any and all services, applications, platforms, websites or other affiliated ventures offered by XDynamics. Throughout this Policy, “XDynamics”, “We”, “Us” or “Our” refers to XDynamics and its affiliates. “You”, “Users” or “Your” refers to you, our users, everyone who uses, subscribes to, publishes through, joins or visits www.xdynamics.com (the “Site”). The “XDynamics Service” refers to the products, applications, platform, website, and online services controlled, operated, or produced by XDynamics.

The following privacy policy discloses our information-gathering and dissemination practices for our XDynamics Service.  By using the XDynamics Service, you expressly consent to be bound by the terms of this policy.  This Privacy Policy is incorporated into and is subject to the XDynamics Service Terms of Use.

1. THE INFORMATION XDYNAMICS COLLECTS

Information You Provide: You may provide to XDynamics what is generally called “Personally Identifiable” information (such as your name, address, email address, credit card number and telephone number) if you use certain services or products from the XDynamics Service, such as when ordering products or during product registration, enter contests or sweepstakes or otherwise use the features and functionality of the XDynamics Service.

“Automatically Collected” Information: When you access the XDynamics Service (including through your computer or your mobile device) or open one of our HTML emails, we may automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include Internet Protocol address (“IP Address”), a unique user ID, version of software installed, system type, the content and pages that you access on the XDynamics Service, the dates and times that you visit the XDynamics Service, the uniform resource locator (“URL”) of the website you visited before coming to our website and the URL of the website you visit after leaving our website.

“Cookies” Information: When you access the XDynamics Service, we may send one or more cookies, small text files containing a string of alphanumeric characters, to your computer. XDynamics may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the XDynamics Service. Persistent cookies can be removed. Please review your web browser “Help” file to learn the best way to modify your cookie settings.

“Pixel Tags” or “Clear Gifs”: A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of our XDynamics Service but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.

Your User ID: Your unique User ID is displayed throughout the XDynamics Service and is therefore available to the public. Other people can see your feedback, ratings and associated comments, etc. Therefore, if you associate your actual name with your User ID, the people to whom you have revealed your name will be able to personally identify your activities on the XDynamics Service.

Flight Logs: After each flight, information such as GPS locations, altitude, flight modes, speed, distance from home, GPS count, overall battery voltage, individual battery cell voltages, orientation, and remote-control inputs are recorded as flight logs into the controller of the aircraft. Flight logs are only shared and transmitted to XDynamics if the controller is connected to the internet and the user has given his consent during product registration process to share the information.

2. THE WAY XDYNAMICS USES INFORMATION

XDynamics uses the information that you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the XDynamics Service as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.

We may use your email address or mobile number, without further consent, for administrative communications such as notifying you of major XDynamics Service updates, for customer service purposes and to send privacy or security related notices.

XDynamics uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the XDynamics Service works and looks and to create new features and functionality.

XDynamics may use “Automatically Collected” information and “Cookies” information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the XDynamics Service; (b) provide customized third-party advertisements, content and information; (c) monitor and report on the effectiveness of third-party marketing campaigns; (d) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (e) track your entries, submissions and status in any promotions or other activities.

XDynamics may use “Flight Logs” information, with Users consent during the registration process, to improve the safety and operability of the XDynamics Service, to recover the drone or to ascertain the cause of the crash in case of an accident or to determine the validity of a warranty claim. The “Flight Logs” shall not be shared with any third-party company, and Users can request for copies or to have these logs deleted.

XDynamics shall not, under any circumstances, collect videos or images taken by our Users. While the controller does have a social media sharing capability and allows our Users to connect to their social media accounts through the controller (storing login and password to the controller), XDynamics shall not access and/or collect any content from any User’s social media account.

3. WHEN XDYNAMICS DISCLOSES INFORMATION

XDynamics does not share your Personally Identifiable information with other organizations for their marketing or promotional uses without your prior express consent. Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the XDynamics Service, such as when you publish your public profile information, becomes publicly available and may be collected and used by others without restriction.

XDynamics may disclose Automatically Collected and other aggregate non-Personally-Identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to assist those parties in understanding the usage and demographic patterns for certain content, services, advertisements, promotions or other functionality on the XDynamics Service.

XDynamics may share Personally Identifiable information to affiliated companies or other businesses or persons to: provide web site hosting, maintenance and security services; fulfill orders; conduct data analysis and create reports; offer certain functionality; and assist XDynamics in improving the XDynamics Service and creating new services features. We contractually require these parties to process such information in compliance with this Privacy Policy, authorize only a limited use of such information and require these parties to take commercially reasonable measures to keep your personal information safe, private and secure.

XDynamics may disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright or trademark law), or to respond to a court order, judicial or other government subpoena or warrant in the manner required by the requesting entity.

XDynamics further reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; enforce our Terms of Use; protect XDynamics from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the XDynamics Service; or to protect the rights, property, or personal safety of XDynamics, our Users, or others.

4. YOUR CHOICES AND ACCESS TO YOUR PERSONAL INFORMATION

You may, of course, decline to share your Personally Identifiable information with XDynamics, in which case XDynamics will not be able to provide to you some of the features and functionality found on the XDynamics Service. You may view, update, correct, or delete your user information and preferences by contacting us at info@xdynamics.com.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you access to or making corrections to your account. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

If you receive commercial email or text messages from us, you may unsubscribe at any time by following the instructions contained within the email or text message. You may also opt out from receiving commercial email or text messages from us by sending your request to us by email at info@xdynamics.com.

5. ADVERTISERS

XDynamics allows other companies, called third-party ad servers or ad networks, to serve advertisements within the XDynamics Service. These third-party ad servers or ad networks may use technology to send, directly to your browser, the advertisements that appear within the XDynamics Service and they automatically receive your IP Address and other log file information when this happens. Such third-party ad servers may also use other technologies (such as cookies, javascript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.

XDynamics does not provide your Personally Identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks XDynamics to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.

You should consult the respective privacy policies of these third-party ad servers or ad networks. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. XDynamics reserves the right to add or remove third-party ad networks or ad servers in its discretion and XDynamics may not at all times list such updated ad network or ad server partners in this Privacy Policy.

6. OUR COMMITMENT TO DATA SECURITY

XDynamics will take commercially reasonable measures in providing secure transmission of your personal information before it is transferred across the Internet from your personal computer to our servers and in securing such personal information stored on our systems. We make every effort to restrict unauthorized access to user information and ensure it remains private. Xdynamics employees, agents hired on behalf of XDynamics and officers who have access to your personal information in order to provide you with products or services available from our website are required to keep your information secure and confidential at all times. We implement administrative and electronic safeguards to prevent unauthorized access but cannot guarantee the security of User account information due to unauthorized entry or use of hardware/ software which may compromise the security of user information at any time. This Privacy Policy is applicable to and governs only information collected on our website and we will not be responsible for privacy policies on other sites linked to our website.

If XDynamics learns of a security systems breach, we may then attempt to notify you electronically so that you can take appropriate protective steps. XDynamics may post a notice on the XDynamics Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at privacy@xdynamics.com.

7. OUR COMMITMENT TO CHILDREN’S PRIVACY

Our website is intended for the general audience and is not directed towards children under the age of 13. We do not knowingly collect personal information from children under the age of 13. Children under the age of 13 may not use our website.

We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (COPPA). If a parent believes that his or her child has submitted personal information to us, then please contact XDynamics at info@xdynamics.com to have that child’s account terminated and information deleted.

8. INTERNATIONAL VISITORS

You agree and acknowledge that this Privacy Policy governs all users, including users outside of the United States. You acknowledge and fully understand the transfer of personal information across international borders as described in this Privacy Policy, to include gathering, safeguarding and handling of such information in the United States.

You hereby consent to transfer of your data to the U.S. pursuant to either, at XDynamics’s discretion, the EU-U.S. Privacy Shield Framework, the details of which are further set forth below, or the standard data protection clauses promulgated by the EC, a copy of which can be obtained here.

EU Personal Data: If you are located in the EU, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) related to your personal data, as further described below. XDynamics will be the controller of your personal data processed in connection with the XDynamics Services, unless you access the XDynamics Services through an enterprise account, or other XDynamics account that is controlled by a third party (e.g. your employer).

EU-U.S. Privacy Shield Participation: XDynamics complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the EU to the United States. XDynamics adheres to the Privacy Shield Principles of (1) Notice; (2) Choice; (3) Accountability for Onward Transfer; (4) Security; (5) Data Integrity and Purpose Limitation; (6) Access and (7) Recourse, Enforcement and Liability (collectively, 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 with respect to all Personal Data transferred from the EU to the U.S. To learn more about the Privacy Shield program, please click here.

Privacy Shield Inquiries: We also commit to resolve complaints about your privacy and our collection or use of personal data transferred from the EU to the U.S. in compliance with the Privacy Shield Principles where applicable.

9. IN THE EVENT OF MERGER OR SALE

In the event of merger or acquisition by a third-party, XDynamics reserves the right, in any of these circumstances, to transfer or assign any User information collected as part of that merger, acquisition, sale, or other change of control.

10. THIRD PARTIES

Except as expressly provided otherwise, this document addresses only the use and disclosure of information we collect from you or that you disclose to XDynamics. We bear no responsibility for the disclosure of your information to others besides XDynamics, whether they are Users of the XDynamics Service or on other sites or services.

11. CHANGES AND UPDATES TO THIS PRIVACY POLICY

We reserve the right to change or amend our Privacy Policy from time to time. When a change is made, we will post a notice on the website and/or will notify you about such change by email. Users are bound by such changes and amendments when using the website after such amendments and changes have been first posted.

12. XDYNAMICS CONTACT INFORMATION

Please contact XDynamics with any questions or comments about this Privacy Policy, our third-party disclosure practices, or your consent choices at: [9281 Irvine Boulevard, Irvine, CA 92618 or by email: info@xdynamics.com.] We will respond to your inquiry within 30 days of its receipt.