Privacy Policy

XPERIENTIAL LABORATORIES PRIVACY POLICY

Last Updated: February 17, 2021

1. Introduction.

Xperiential Laboratories, a division of Somnio Global LLC (collectively, “Xperiential,” “we” or “us”) takes the privacy and security of personal information very seriously. As such, we have prepared this Privacy Policy to explain our privacy practices relating to the purchase and sale of Xpress Water Testing,® including any related report consultation, or similar interaction or service (the “Testing Services”), through www.xperiential.com and the general use of (the “Site”) by our customers and consumers ("you").We encourage you to read this policy carefully, and by using our Site, you acknowledge and consent to the practices described herein. This Privacy Policy is incorporated into and made a part of our Terms and Conditions. Any terms not defined herein shall have the meanings given to them in our Terms and Conditions.

If you do not agree to this Privacy Policy or our Terms and Conditions, you must immediately stop accessing or using the site. Your continued use of the Site means you accept and agree to these Terms.

2. Information Collection

A. Information we collect from you: We collect personally identifiable information from you if you choose to provide it, for example when you contact us regarding the Testing Services, register for a user account, or send us e-mail or other electronic communications. When you interact with the Site by becoming a registered user, we may ask you to provide your name, e-mail, phone number, residential, billing address, payment card or financial account information, and other information as reasonably necessary based on the type of use you will make of the Site (collectively, "Personal Information"). It is your decision to become a registered user, and, as such, any provision of this information by you is completely voluntary. If you choose not to disclose your Personal Information, you may not be able to use certain features of the Site, including the purchase of any Xpress Water Testing® services.

B. Information we collect through automatic data collection technologies: We may also collect certain information from visitors and registered users, such as browsing history on the Site, the length of time spent on certain pages, the website you were visiting before coming to this Site, the website that you next visit, your device type, what browser you are using, your Internet service provider, the date and time of your visit, your operating system, and your Internet Protocol address (collectively, "Site Data"). Our Site also may use JavaScript, cookies, specially formatted links and other unique identifiers to help us administer the Site, analyze user information, track user movement through the Site, gather information to improve the Site and the Testing Services, and to market and promote the Testing Services. We do not associate the Site Data with any other personally identifiable information.

3. Information Disclosure Practices

You are the owner of the results of your Testing Services, which will be sent to you in your Xperiential Report. You are free to share it with any party or entity you choose.

Unless required by law or as provided in our Privacy Policy, Xperiential does not disclose your Xperiential Report or its contents to others without your consent. We send your Xperiential Report to the e-mail or mailing address entered when the test order was placed.

We may disclose your Personal Information to vendors, contractors, service providers, and other third parties we use to support our business, including but not limited to website hosting, database administration, event management, mailing and marketing services, transaction processing, statistical analysis and technical support. These entities are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. For example, if you initiate a chat with us using this tool on the Site, we provide a limited amount of your information (such as sign-up date and some personal information like your email address, if you choose to provide it) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. As a service provider acting on our behalf, Intercom analyzes your use of our website and/or product and tracks our relationship by way of cookies and similar technologies so that we can improve our service to you. For more information on Intercom's use of cookies, please visit https://www.intercom.com/terms-and-policies#cookie-policy.

We also may disclose or use Personal Information when we believe, in good faith, that disclosure or use is reasonably necessary to satisfy any applicable law, regulation, legal process or enforceable governmental request, to detect fraud, security or technical issues, to protect against imminent harm to the rights, property or safety of Xperiential, users of the Site or the public, or as otherwise required or permitted by law. In the event Xperiential or Somnio Global enters into an agreement to be acquired, in whole or in part, by another company or to merge with another company, we may share personal information with that company.

Xperiential is the owner of the Site data, and we may share the Site Data as allowed by law. Furthermore, any data derived from Testing Service results that are processed, modified, aggregated, anonymized, or compiled such that the identity of the initial Testing Service product purchaser cannot be reverse engineered or reasonably ascertained (collectively, "Derived Data") are owned by Xperiential. Derived Data includes only the zip code, state, and country where a particular data point was collected. We use Derived Data and any insights or analysis from Derived Data for internal research purposes, for geographic based trend analysis, and for comparative purposes on reports. This allows us to provide our customers with a big-picture analysis and provide context for the results of their Testing Service.

4. Credit Card Transactions

If you purchase goods or services using our Site, including the Testing Services, Xperiential does not itself collect or store your cardholder data. Instead Xperiential utilizes one or more third-party payment service providers that are responsible for maintaining all applicable PCI DSS requirements for the collection, processing, transmitting and storing of cardholder data on your behalf.

Our online store is powered by WooCommerce (https://woocommerce.com/). If you would like to know more about the WooCommerce plugin, please review the privacy policies on their website.

5. Linked Sites

The Site may include links to external websites from time to time. The inclusion of any link does not imply our endorsement of such external website or the products or services offered at any such site. If you link to a third-party website from our Site, any information you reveal on that site is not subject to this Privacy Policy. You therefore should consult the privacy policy of each site you visit.

6. Children’s Information

The Site is not intended for children under the age of 13 years old. We do not knowingly collect Personal Information from children under the age of 13. If we discover that we have Personal Information from a child under the age of 13, we will delete it immediately. If you believe that a child under the age of 13 may have provided his or her Personal Information to us, please contact us using the contact information below.

7. We Comply with Michigan and Federal Law

We are located in the State of Michigan in the United States. If you are not a resident of the State of Michigan, your state or country’s laws governing the collection of Personal Information and use may differ from those in the State of Michigan; in particular, Michigan may not provide the same level of protections as those in your own state or country. By using the Site or providing your Personal Information to Xperiential, you are transferring your Personal Information to a business in the State of Michigan, and you consent to the transfer, retention, and processing of such data in the State of Michigan in accordance with laws of the State of Michigan or applicable United States federal law. If you do not agree with such transfer, retention, and processing in the State of Michigan or in accordance with the laws of the State of Michigan or applicable United States federal law, please do not use the Site.

8. Security

Xperiential uses commercially reasonable measures to protect against unauthorized access or use of the information we collect. Where appropriate, those measures include the use of firewalls, restricted access, and encrypted transmissions and limiting internal access to only those in our organization who have a business need to access such information. However, no method of transmission over the Internet, or method of electronic storage, is or can be made 100% secure. Therefore, while Xperiential uses commercially reasonable means to protect your Personal Information, it cannot guarantee its absolute security. Xperiential is not responsible for unauthorized access to Personal Information by hackers or others who have obtained such access through illegal or unauthorized means and you agree that your use of the Site is at your own risk.

9. Retention

Xperiential may retain Personal Information for as long as necessary to carry out the purposes for which it was collected and to comply with applicable law or regulations. Xperiential will dispose of your Personal Information in accordance with its general data retention policies unless you ask us to delete it(see Section10).

Changing or Deleting Personal Information

If you would like to modify your Personal Information, or if you no longer wish to receive communications from us or want your Personal Information deleted from our database, please contact us at info@xperiential.com. You may also use the "opt out" link in our e-mails to inform us that you no longer wish to receive communications from us. Using the "opt out" link is not a valid method for requesting modification or deletion of Personal Information.

You should be aware that even after deletion of your Personal Information, your Personal Information may remain in archival or backup copies of our database.

Exclusions

This Privacy Policy does not apply to any data collected by us other than Personal Information collected from you, Site Data, and Derived Data. This Privacy Policy shall not apply to any unsolicited information you provide to us through any other means. This includes, but is not limited to, information posted to any public areas of the Site, any ideas for new products or modifications to existing products, and other unsolicited submissions that are not subject to a separate written agreement between you and Xperiential (collectively, “Unsolicited Information”). All Unsolicited Information is non-confidential and Xperiential shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation, attribution or compensation.

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy. We will post changes directly to this Privacy Policy, so it is your responsibility to check back here from time to time to review this Privacy Policy. Any continued use of this Site or subsequent purchase of Testing Services shall constitute your acceptance of and agreement

Contact Information

If you have any questions or concerns about this Privacy Policy, please contact us by e-mail at info@xperiential.com or by calling (888) 378-4352

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to such changes.