Privacy Policy

Last updated: April 14, 2026

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal Data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Important Note Regarding Our Role: xMentium provides an artificial intelligence–powered platform that extracts non-personal, business-relevant information from corporate documents on behalf of its customers. In this capacity, xMentium acts as a Data Processor (or "Service Provider" under applicable U.S. state privacy laws) with respect to any data that our customers submit to or process through the Service ("Customer Data"). Our customers, who determine the purposes and means of processing their Customer Data, act as the Data Controllers (or "Businesses" under applicable U.S. state privacy laws). xMentium acts as a Data Controller only with respect to the limited personal information it collects independently for its own business operations, such as account management, billing, website analytics, and marketing, as further described in this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Applicable Data Protection Law means any law, regulation, or other binding legal requirement relating to the processing or protection of Personal Data that applies to a party's performance under this Privacy Policy, including, without limitation, the GDPR, the CCPA, PIPEDA, and other U.S. state privacy laws.

Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California. With respect to Customer Data processed through the Service, our customers are the Business; with respect to Personal Data xMentium collects directly for its own purposes, xMentium is the Business.

Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to xMentium Inc., 1800 Wazee Street, Suite 300, Denver, CO 80202 USA.

Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.

Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Customer means the legal entity or individual that has entered into a service agreement or subscription with xMentium to use the Service.

Customer Data means any data, including documents, files, text, and other content, that a Customer or its authorized users submit to or process through the Service. Customer Data is processed by xMentium solely on behalf of and under the instructions of the Customer.

Data Controller (or Controller), for the purposes of the GDPR (General Data Protection Regulation) and PIPEDA, refers to the natural or legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data. With respect to Customer Data, the Customer is the Data Controller. With respect to Personal Data that xMentium collects directly for its own business operations (e.g., account registration, billing, website analytics), xMentium is the Data Controller.

Data Processor (or Processor), for the purposes of the GDPR and PIPEDA, refers to a natural or legal person that processes Personal Data on behalf of the Data Controller. With respect to Customer Data, xMentium is the Data Processor.

Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.

Integration refers to the any app or integration published by xMentium.

Organization, for the purposes of PIPEDA, means the Company or any Customer using the Service.

Personal Data is any information that relates to an identified or identifiable individual.

  • For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity.
  • For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
  • For the purposes of PIPEDA, Personal Data (referred to as "personal information") means information about an identifiable individual, but does not include the name, title, business address, or telephone number of an employee of an organization.

PIPEDA means Canada's Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, and any substantially similar provincial private-sector privacy legislation recognized under PIPEDA.

Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.

Service refers to the Website, Web Application, and Integrations.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service, or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Web Application refers to the xMentium web application.

Website refers to the xMentium website, accessible from https://xmentium.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Under GDPR, You can be referred to as the Data Subject or as the User as you are the individual using the Service.

Under PIPEDA, You can be referred to as the individual whose personal information is collected, used, or disclosed.

Our Role: Data Controller and Data Processor

xMentium as Data Processor (Customer Data)

When Customers use the Service to process corporate documents through our AI-powered platform, xMentium acts as a Data Processor (or Service Provider) on behalf of the Customer. In this role:

  • The Customer is the Data Controller and is responsible for determining the purposes and lawful basis for processing Customer Data, ensuring that it has the legal authority to submit Customer Data to the Service, and fulfilling any obligations to data subjects (including obtaining any required consents).
  • xMentium processes Customer Data only in accordance with the Customer's documented instructions as set forth in the applicable service agreement or data processing agreement ("DPA").
  • xMentium does not determine the purposes or means of processing Customer Data, does not sell Customer Data, does not use Customer Data for any purpose other than providing the Service to the Customer, and does not retain Customer Data beyond the period necessary to perform the Service unless otherwise required by law.
  • If Customer Data incidentally contains Personal Data, xMentium processes that data solely on behalf of and in accordance with instructions from the Customer. Any data subject requests related to Customer Data should be directed to the relevant Customer (the Data Controller). xMentium will assist the Customer in responding to such requests to the extent required by the applicable DPA and law.

xMentium as Data Controller (Business Operations Data)

xMentium acts as a Data Controller with respect to the Personal Data it collects independently for its own business purposes, including:

  • Account registration and management
  • Billing and payment processing
  • Customer relationship management and communications
  • Website analytics and service improvement
  • Marketing (with consent where required)
  • Compliance with legal obligations

The sections below that describe the collection, use, and disclosure of Personal Data apply to xMentium's role as a Data Controller for its own business operations, unless otherwise specified.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Business and personal contact information, such as your first and last name, email and mailing addresses, phone number, professional title, and company name.
  • Profile information, such as your username and password that you may set to establish an online account with us.
  • Registration information, such as information that may be related to a service or an event you register for.
  • Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
  • Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us.
  • Usage information, such as any content you upload to the Service or otherwise submit to us, including information you provide when you use any interactive features of the Service.
  • Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and any information you provide when 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.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers, and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Web Beacons. Certain sections of our Service and our emails 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 for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

  • Type: Session Cookies
  • Administered by: Us
  • Purpose: These Cookies are essential to provide You with services available through the Service and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

  • Type: Persistent Cookies
  • Administered by: Us
  • Purpose: These Cookies identify if users have accepted the use of cookies on the Service.

Functionality Cookies

  • Type: Persistent Cookies
  • Administered by: Us
  • Purpose: These Cookies allow us to remember choices You make when You use the Service, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Service.

Analytics and Customization Cookies

  • Type: Persistent Cookies
  • Administered by: Third-Parties
  • Purpose: These Cookies collect information that is used either in aggregate form to help us understand how our Service is being used or how effective our marketing campaigns are, or to help us customize our Service for you.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the products, items, or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers, and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about, unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Service, products, services, marketing, and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers that provide services on our behalf or help us operate the Service (such as customer support, hosting, analytics, email delivery, marketing, and database management services).
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With professional advisors: We may share Your personal information with professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

With respect to Customer Data processed on behalf of our Customers, we retain such data only for the duration specified in the applicable service agreement or DPA, and we delete or return Customer Data upon termination of the service agreement in accordance with the Customer's instructions, unless retention is required by applicable law.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place, including the security of Your data and other personal information. Where required by applicable law, such as PIPEDA or the GDPR, we ensure that appropriate contractual and/or organizational safeguards are in place for cross-border data transfers, including standard contractual clauses or other approved transfer mechanisms.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. Our security measures include, but are not limited to, encryption of data in transit and at rest, access controls, regular security assessments, and employee training.

Artificial Intelligence (AI) Processing Disclosure

xMentium uses artificial intelligence and machine learning technologies as a core component of its Service. This section describes how AI is used and how data is handled in connection with AI processing.

Purpose and Scope of AI Processing

xMentium's AI capabilities are designed to extract non-personal, business-relevant information from corporate documents submitted by Customers through the Service. The AI processes Customer Data to perform tasks such as:

  • Document analysis and content extraction
  • Classification and categorization of document content
  • Data structuring and summarization
  • Pattern identification and information retrieval

The AI is designed and operated to process corporate and business documents. It is not designed or intended to process special categories of Personal Data (e.g., racial or ethnic origin, health data, biometric data) or to make decisions that produce legal or similarly significant effects on individuals.

How the AI Processes Data

  • Input: Customer Data (corporate documents and related content) is submitted to the Service by Customers or their authorized users.
  • Processing: The AI analyzes the submitted documents using natural language processing, machine learning models, and other AI techniques to extract, classify, and structure relevant business information.
  • Output: The processed results (extracted data, summaries, structured information) are made available to the Customer through the Service.

No Automated Individual Decision-Making

xMentium's AI does not perform automated decision-making or profiling that produces legal effects or similarly significant effects on individuals, as described in Article 22 of the GDPR or analogous provisions under other Applicable Data Protection Laws. The AI outputs are informational and are intended to assist Customers in their business processes. Any decisions based on AI outputs are made by the Customer (the Data Controller).

Data Handling and AI Model Training

  • Customer Data is not used to train AI models. xMentium does not use Customer Data to train, improve, or develop its general-purpose AI or machine learning models unless the Customer provides explicit, prior written consent for such use under a separate agreement.
  • Isolation of Customer Data. Customer Data processed by the AI is logically separated on a per-Customer basis. One Customer's data is not accessible to or used for the benefit of another Customer.
  • Third-party AI services. Where xMentium uses third-party AI services or models (e.g., large language model providers) as sub-processors in connection with the Service, such third parties are bound by data processing agreements that prohibit them from using Customer Data for their own purposes, including model training. A list of sub-processors is available upon request or as specified in the applicable DPA.
  • Data retention. Customer Data submitted for AI processing is retained only for the duration necessary to perform the requested processing and deliver results to the Customer, unless a longer retention period is specified in the applicable service agreement or required by law. Transient processing data (e.g., temporary copies used during document analysis) is deleted promptly after processing is complete.

Human Oversight

xMentium maintains appropriate human oversight of its AI systems. This includes:

  • Regular monitoring and evaluation of AI model performance and accuracy
  • Review processes to identify and mitigate potential errors, biases, or unintended outputs
  • Mechanisms for Customers to report concerns about AI outputs, which are reviewed by qualified personnel

Transparency and Explainability

xMentium is committed to transparency in its use of AI. Customers may request additional information about the AI technologies used in the Service, including:

  • The general nature and logic of the AI models used
  • The types of data processed by the AI
  • The measures in place to ensure accuracy and reliability of AI outputs

Such requests may be directed to [email protected].

AI Risk Management

xMentium maintains an AI governance framework that includes:

  • Regular risk assessments for AI systems in accordance with industry standards and applicable regulations
  • Documentation of AI system design, capabilities, and limitations
  • Incident response procedures for AI-related issues
  • Ongoing monitoring of the evolving regulatory landscape for AI, including the EU AI Act and other emerging AI governance frameworks

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

  • Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
  • Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

xMentium's Role under the GDPR

As described in the "Our Role: Data Controller and Data Processor" section above:

  • With respect to Customer Data processed through the Service, xMentium acts as a Data Processor under Article 28 of the GDPR. Processing is governed by a Data Processing Agreement between xMentium and the Customer.
  • With respect to Personal Data collected for xMentium's own business operations, xMentium acts as a Data Controller under the GDPR.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

  • Request access to Your Personal Data. The right to access, update, or delete the information We have on You. Whenever made possible, you can access, update, or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
  • Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
  • Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
  • Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
  • Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
  • Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
  • Right to information about AI processing. Where xMentium's processing of Your Personal Data involves automated processing, You have the right to receive meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing.

Note: If Your Personal Data is contained within Customer Data that is processed by xMentium on behalf of a Customer, please direct any access, correction, deletion, or other data subject requests to the relevant Customer (the Data Controller). xMentium will cooperate with the Customer to fulfill such requests in accordance with the applicable DPA.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation, and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.

PIPEDA Privacy (Canada)

This section applies to individuals in Canada whose personal information is collected, used, or disclosed by xMentium in connection with commercial activities, and supplements the other sections of this Privacy Policy.

Applicability

The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to xMentium's collection, use, and disclosure of personal information in the course of commercial activities that have a connection to Canada. Where a substantially similar provincial privacy law applies (e.g., Alberta's Personal Information Protection Act, British Columbia's Personal Information Protection Act, or Quebec's Act Respecting the Protection of Personal Information in the Private Sector), that law may apply in place of PIPEDA for intra-provincial activities, but xMentium commits to providing an equivalent or greater level of protection in all cases.

xMentium's Role under PIPEDA

  • When processing Customer Data on behalf of a Customer, xMentium acts as a processor (a "third party" processing information under the authority of the Customer). The Customer remains responsible for the personal information it transfers to xMentium and for ensuring that such transfer is in compliance with PIPEDA.
  • When collecting Personal Data directly from individuals for its own business operations (e.g., account management, billing, marketing), xMentium is the organization responsible for such personal information under PIPEDA.

PIPEDA Fair Information Principles

xMentium is committed to the ten fair information principles set out in Schedule 1 of PIPEDA:

Accountability. xMentium is responsible for personal information under its control. We have designated a Privacy Officer who is accountable for our compliance with PIPEDA and this Privacy Policy. Our Privacy Officer can be contacted at [email protected]. When we transfer personal information to a third party for processing (including sub-processors), we use contractual means to ensure a comparable level of protection while the information is being processed by the third party.

Identifying Purposes. We identify the purposes for which personal information is collected at or before the time of collection. The purposes for which we collect personal information are described in the "Use of Your Personal Data" section of this Privacy Policy.

Consent. We collect, use, and disclose personal information only with the knowledge and consent of the individual, except where otherwise permitted or required by law. Consent may be express or implied, depending on the sensitivity of the information and the reasonable expectations of the individual. You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. Withdrawal of consent may affect our ability to provide certain services to You.

Limiting Collection. We limit the collection of personal information to what is necessary for the purposes identified. We collect personal information by fair and lawful means.

Limiting Use, Disclosure, and Retention. We do not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required or permitted by law. We retain personal information only as long as necessary to fulfill the identified purposes, after which it is securely destroyed, erased, or anonymized.

Accuracy. We keep personal information as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used. You may request corrections to your personal information by contacting us.

Safeguards. We protect personal information with security safeguards appropriate to the sensitivity of the information, including physical, organizational, and technological measures. These include encryption, access controls, secure storage, and employee training.

Openness. We make our policies and practices relating to the management of personal information readily available. This Privacy Policy serves as our primary means of transparency.

Individual Access. Upon request, we will inform an individual of the existence, use, and disclosure of their personal information and provide access to that information. You may challenge the accuracy and completeness of your personal information and have it amended as appropriate. Access requests may be submitted to [email protected]. We will respond within 30 days of receipt of a request, or we will notify you if an extension is needed.

Challenging Compliance. Individuals may challenge our compliance with these principles by contacting our Privacy Officer at [email protected]. We will investigate all complaints and, if a complaint is found to be justified, we will take appropriate measures, including, if necessary, amending our policies and practices. If you are not satisfied with our response, you may file a complaint with the Office of the Privacy Commissioner of Canada (https://www.priv.gc.ca).

Cross-Border Transfers

Personal information collected by xMentium may be stored and processed in the United States or other jurisdictions outside of Canada where our service providers or sub-processors operate. When personal information is transferred outside of Canada, it may be subject to the laws of the jurisdiction in which it is stored and may be accessible to law enforcement and national security authorities of that jurisdiction. xMentium ensures that contractual and other safeguards are in place to protect personal information that is transferred across borders, consistent with the requirements of PIPEDA.

Your Rights under PIPEDA

In addition to the general rights described elsewhere in this Privacy Policy, if you are located in Canada, you have the following rights under PIPEDA:

  • Right of Access: You have the right to request access to your personal information held by xMentium.
  • Right to Correction: You have the right to request correction of any inaccurate or incomplete personal information.
  • Right to Withdraw Consent: You may withdraw your consent to the collection, use, or disclosure of your personal information at any time, subject to legal or contractual restrictions and reasonable notice.
  • Right to Complain: You have the right to file a complaint with the Office of the Privacy Commissioner of Canada if you believe your privacy rights have been violated.

To exercise any of these rights, please contact us at [email protected].

CCPA Privacy

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

xMentium's Role under the CCPA

With respect to Customer Data that Customers submit to or process through the Service, xMentium acts as a Service Provider under the CCPA. xMentium processes such data solely on behalf of the Customer (the "Business") and pursuant to a written contract, and does not sell such information or use it for any purpose other than performing the services specified in the contract.

With respect to Personal Data that xMentium collects directly from individuals for its own business operations, xMentium acts as a Business under the CCPA.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.

Category A: Identifiers. Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver's license number, passport number, or other similar identifiers. Collected: Yes.

Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. Collected: Yes.

Category C: Protected classification characteristics under California or federal law. Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Collected: No.

Category D: Commercial information. Examples: Records and history of products or services purchased or considered. Collected: Yes.

Category E: Biometric information. Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. Collected: No.

Category F: Internet or other similar network activity. Examples: Interaction with our Service or advertisement. Collected: Yes.

Category G: Geolocation data. Examples: Approximate physical location. Collected: No.

Category H: Sensory data. Examples: Audio, electronic, visual, thermal, olfactory, or similar information. Collected: No.

Category I: Professional or employment-related information. Examples: Current or past job history or performance evaluations. Collected: No.

Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. Collected: No.

Category K: Inferences drawn from other personal information. Examples: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Collected: No.

Under CCPA, personal information does not include:

  • Publicly available information from government records
  • Deidentified or aggregated consumer information
  • Information excluded from the CCPA's scope, such as:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994

Your U.S. State Privacy Rights

Residents of certain U.S. states, such as California, Colorado, and Virginia, may have additional rights regarding their personal information. These rights may include:

  • The Right to Know and Access: You have the right to request that we disclose the specific pieces of personal information we have collected about you.
  • The Right to Delete: You have the right to request that we delete personal information we have collected from you, subject to certain exceptions.
  • The Right to Correct: You have the right to request that we correct inaccurate personal information that we maintain about you.
  • The Right to Opt-Out of "Sale" or "Sharing": You have the right to direct us not to "sell" or "share" your personal information. We do not sell your personal information for monetary compensation. However, some laws define "sharing" broadly to include the use of tracking technologies for analytics or advertising. To opt out of the use of such technologies, please see our "Cookies" section or adjust your browser settings.

How to Exercise Your Rights

To exercise your rights to know, delete, or correct, please contact us at [email protected]. We will verify your request by asking you to send it from the email address associated with your account.

Right to Appeal

If we deny your request, you may have the right to appeal our decision. To do so, please contact us at [email protected] with the subject line "Privacy Request Appeal."

Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from You. For example, from the forms You complete on our Service, preferences You express or provide through our Service.
  • Indirectly from You. For example, from observing Your activity on our Service.
  • Automatically from You. For example, through cookies We or our Service Providers set on Your Device as You navigate through our Service.
  • From Service Providers. For example, or other third-party vendors that We use to provide the Service to You.

Use of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose personal information We collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

  • To operate our Service and provide You with our Service.
  • To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Service.
  • To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Service, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
  • For internal administrative and auditing purposes.
  • To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including, when necessary, to prosecute those responsible for such activities.

Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the "Use of Your Personal Data" section.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes, We will update this Privacy Policy.

Disclosure of Personal Information for Business Purposes or Commercial Purposes

We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of personal information for business or commercial purposes:

  • Category A: Identifiers
  • Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
  • Category D: Commercial information
  • Category F: Internet or other similar network activity

Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.

When We disclose personal information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Share of Personal Information

We may share Your personal information identified in the above categories with the following categories of third parties:

  • Service Providers
  • Our affiliates
  • Our business partners
  • Third party vendors to whom You or Your agents authorize Us to disclose Your personal information in connection with products or services We provide to You

Children

The Service is not directed to, and We do not knowingly collect personal information from, anyone under the age of 18. If We learn that anyone under the age of 18 has unlawfully provided Personal Data, We will delete such information from our files as soon as reasonably practicable.

Your Rights under the CCPA

The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

  • The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
  • The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm Your request, We will disclose to You:
    • The categories of personal information We collected about You
    • The categories of sources for the personal information We collected about You
    • Our business or commercial purpose for collecting or selling that personal information
    • The categories of third parties with whom We share that personal information
    • The specific pieces of personal information We collected about You
    • If we sold Your personal information or disclosed Your personal information for a business purpose, We will disclose to You:
      • The categories of personal information categories sold
      • The categories of personal information categories disclosed
  • The right to say no to the sale of Personal Data. You have the right to direct Us to not sell Your personal information.
  • The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for Us or Our Service Providers to:
    • Complete the transaction for which We collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us.
    • Comply with a legal obligation.
    • Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer's rights, including by:
    • Denying goods or services to You
    • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
    • Providing a different level or quality of goods or services to You
    • Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

In order to exercise any of Your rights under the CCPA, and if You are a California resident, You can contact Us:

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.

Your request to Us must:

  • Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
  • Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it

We cannot respond to Your request or provide You with the required information if We cannot:

  • Verify Your identity or authority to make the request
  • And confirm that the personal information relates to You

We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.

Any disclosures We provide will only cover the 12-month period preceding the verifiable request's receipt.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals.

However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.

Your California Privacy Rights (California's Shine the Light law)

Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.

If you'd like to request more information under the California Shine the Light law, and if You are a California resident, You can contact Us using the contact information provided below.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date at the top.

Where required by applicable law, we will provide notice of material changes through email or other appropriate means before such changes take effect.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

  • By email: [email protected]
  • By mail: xMentium Inc., 1800 Wazee Street, Suite 300, Denver, CO 80202 USA

For privacy-specific inquiries or to exercise your rights under applicable data protection laws, including PIPEDA, GDPR, or the CCPA, please contact our Privacy Officer at [email protected].