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Number2.com Privacy Statement

Last Updated: August 25, 2016

XAP Corporation ("XAP") the company that operates Number2.com has adopted the following Privacy Statement for the information collected at this website. When you use Number2.com XAP has access to your information and may use your information to operate and maintain Number2.com and in accordance with the terms of this Privacy Statement.

As Number2.com evolves, we may update this Privacy Statement to reflect changes in the manner in which we deal with personal information, whether to comply with then-applicable regulations and self-regulatory standards or otherwise. The Privacy Statement posted here will always be current. We encourage you to review this Statement regularly. Please see additional information regarding amending this Statement in the Section entitled "Amending this Privacy Statement" below.

IMPORTANT NOTICE: Please see the information in the Section entitled "With whom personally identifying information and automatically collected information may be shared" for an understanding regarding the parties who may access your information.

WHAT THIS PRIVACY STATEMENT COVERS:

  • Your agreement to this Privacy Statement
  • Types of information collected
  • Creating an account when you are under the age of 18
  • Reasons we collect personally identifying information
  • Ways in which personally identifying information and automatically-collected information may be used
  • With whom personally identifying information and automatically-collected information may be shared
  • Security measures to protect information; Disclaimer
  • Cookies
  • Links
  • Modifying your information
  • Retention and Storage
  • Amending this Privacy Statement
  • Unenforceability
  • Questions

YOUR AGREEMENT TO THIS PRIVACY STATEMENT

When you use Number2.com, you signify and affirm that you have read, understand, and agree to the terms of this Statement; that you are competent and capable of understanding, agreeing to, and complying with this Statement; and that this Statement forms a legally-binding agreement between you and XAP. You agree that this Statement is supported by reasonable and valuable consideration (which includes your use of Number2.com), and you acknowledge your receipt of and the sufficiency of such consideration. If you do not agree with all of the provisions of this Statement, you may not use Number2.com).

TYPES OF INFORMATION COLLECTED

This Statement covers information you expressly enter into Number2.com) and information that we automatically collect as you use Number2.com.

THE PERSONALLY IDENTIFYING INFORMATION WE COLLECT

To use Number2.com we will require you to provide us with information that personally-identifies you ("Personally Identifying Information" or "PII"). If you choose not to provide us your Personally Identifying Information, you will not be able to use Number2.com. When you do provide us your PII, you are authorizing us to use that PII in accordance with this Statement and to store your PII on our servers in the United States. The PII that Number2.com collects from you include, but is not limited to, your name, date of birth, email address, phone number, grade level, demographic data (such as your gender, ethnicity, and zip code), areas of interest and the test for which you are preparing, user preferences, and such additional information as you choose to actively enter into Number2.com and include in your account.

AUTOMATICALLY-COLLECTED INFORMATION

When you use Number2.com, we automatically track, collect, and store the following types of information (referred to as "Automatically-Collected Information"): 1) Date and time you access Number2.com; 2) pages visited and features used, and the order of use; 3) type of computer or other operating device accessing Number2.com and type of browser used to access Number2.com; 4) referring source (meaning the website you visit prior to visiting Number2.com; and 5) other similar information about the interaction between your browser and Number2.com and activities in which you engage while using Number2.com. Unless otherwise stated in this Statement, Automatically-Collected Information may be combined with your PII.

When you visit Number2.com we collect your Internet Protocol ("IP") address to track and aggregate Automatically-Collected Information. We also collect IP addresses of users when they log onto their accounts on Number2.com in order to confirm the applicable user's identity.

CREATING AN ACCOUNT WHEN YOU ARE UNDER THE AGE OF 18

Between Age 13 and 17

If you are between the ages of 13 and 17, by using Number2.com, you represent and warrant that you possess legal parental or guardian consent to use Number2.com and provide PII and Automatically-Collected Information through Number2.com.

Under Age 13

If you are under the age of 13 and you indicate to us that you are under age 13 when you enter your birthdate into Number2.com we will not collect any Personally Identifiable Information from you and you are not authorized to create an account on Number2.com.

REASONS WE COLLECT PERSONALLY IDENTIFYING INFORMATION

Number2.com collects PII from you primarily for three reasons. The first reason is to customize your test preparation course. The second reason is to allow Number2.com to be able to contact you with test preparation content and communications and, when necessary, password information. The third reason is to enable XAP to respond to your questions or contact you when necessary in connection with the functioning of Number2.com or to provide required notices. When the effective functioning of a Number2.com module does not require PII, none is collected, and any such module can be accessed without providing any PII.

WAYS IN WHICH PERSONALLY IDENTIFYING INFORMATION AND AUTOMATICALLY-COLLECTED INFORMATION MAY BE USED

Number2.com will use your Personally Identifying Information to personalize your test prep home page.

Your PII and Automatically-Collected Information may also be used for the following purposes:
  • We may use your PII and Automatically-Collected Information to help diagnose problems with the Number2.com server and to administer Number2.com.
  • We may use your PII and Automatically-Collected Information to customize and tailor your experience using Number2.com, displaying content on Number2.com that we think you might be interested in and according to your preferences (but we do not track your activity across multiple websites for the purpose of serving targeted advertising to you).
Summary data consisting of a compilation of de-identified and aggregate data representing Number2.com users may be collected by XAP and provided to various entities. NO PII IS MADE AVAILABLE AS PART OF THESE SUMMARY REPORTS. Some examples of summary data are the number of monthly visitors to Number2.com and the Number2.com functions utilized by students in specified age or grade ranges.

WITH WHOM PERSONALLY IDENTIFYING INFORMATION AND AUTOMATICALLY-COLLECTED INFORMATION MAY BE SHARED

Except as set forth below, PII you enter on Number2.com is not made available or distributed to third parties, except with your express consent or at your express direction. In particular, XAP will not give, sell, rent, trade, transfer, otherwise provide or provide access to your PII to any company, individual, or organization for its use in marketing or commercial solicitation or for any other purpose, except with your express consent and at your direction, unless it is pursuant to one of the exceptions listed below or necessary for operation of Number2.com.

We may share your PII as follows:

  1. Coach. If you request a coach (counselor, teacher, parent, etc.) and enter an email address for that coach, that person can have access to various data pertaining to your performance on the site, including the amount of time you spend on the site, your percentile ranking in various categories, and the number and degree of difficulty of the questions you have answered correctly and incorrectly.
  2. Bridges Transitions Inc. XAP Corporation and Bridges Transitions Inc. reserve the right to share PII with one another (regardless of which entity first collected the information) in connection with the maintenance and operation of Number2.com and for use in accordance with this Statement.
  3. Required by Law. When required by law to comply with any valid legal process such as a statute, regulation, search warrant, subpoena, or court order, XAP may supply PII contained in your Number2.com account as XAP reasonably determines, based on the advice of counsel, it is legally required to supply. XAP may also disclose PII in emergency situations, to protect your safety or the safety of others, to defend against legal claims, to enforce XAP's contractual or other rights, or to take actions regarding illegal activities or suspected fraud.
  4. Merger, Acquisition, or Sale of XAP. XAP may transfer your PII and Automatically-Collected Information to another entity if XAP is involved in a merger, acquisition, reorganization, restructuring, or other sale or transfer of all or any portion of its assets or business. In this event, we will, if allowed, use reasonable efforts to notify you when your information is transferred to a third party (this notification may be made via email to you or by posting a prominent notice on Number2.com). Unless you consent otherwise, XAP will contractually require any successor to treat your PII in accordance with the promises made in this Statement, even after the transfer. But any information you provide after the transfer will likely be subject to a new privacy statement, and you should review that statement.
  5. Third-Party Service Providers. We may share Automatically-Collected Information with our third-party service providers who assist us by performing services related to our operation of Number2.com (such as hosting, data storage, and security). Such third-party service providers are not authorized to use your information in any way other than as described here and are required to keep the information confidential.
  6. Third-Party Analytics Services. We may use third-party analytics services to assist us in better understanding our Number2.com users. For example, we use these services to track and analyze certain Automatically-Collected Information, such as feature usage. We only ever provide these service providers with (or allow these service provides to collect on our behalf) Automatically-Collected Information. We use the information collected from these service provides to make Number2.com better and easier to use. The information we receive from these third parties may be re-associated with your PII after we receive it back from these third parties. These third parties are not authorized to use the information in any other way and are required to keep it the information confidential.

SECURITY MEASURES TO PROTECT INFORMATION; DISCLAIMER

XAP uses industry standard physical, electronic, and procedural security measures to protect against the loss, misuse, and unauthorized access, disclosure, alteration, and destruction of PII and Automatically-Collected Information we collect and store. For example, Number2.com causes the PII you input to be encrypted when in route between your browser and the Number2.com server and when in route between the Number2.com server and some other browser or server. This practice helps prevent unauthorized third parties from intercepting and gaining access to your PII during transmission over the Internet. Number2.com uses 128-bit, Secure Socket Layer encryption supported by both Netscape's and Microsoft's browsers.

PII residing on the Number2.com server is password protected, and account access is provided only to the account holder who created the password, anyone to whom that account holder entrusted the password, a coach authorized by the account holder, and those employees of XAP who require such access to administer and maintain the Number2.com system or to provide requested customer support to users of Number2.com. Each XAP employee who has access to the PII residing on the Number2.com server has agreed in writing to respect the privacy of all such PII. XAP trains employees to protect customer information and only authorize access for employees who XAP believes have a business need for that information. XAP holds employees accountable to a Code of Conduct and Ethics to protect user information.

The safety and security of your PII also depends on you. You should not send us sensitive PII via email, as this is not secure. You are also responsible for keeping your account username and password confidential. Please notify us if you become aware that your PII is lost, stolen, or used without permission; we may disable access to your account in order to prevent an unauthorized third party from accessing your account.

While we take industry-standard security measures to protect the privacy of your PII, we cannot guarantee that your PII will never be compromised. No Internet or wireless network transmission is ever 100% secure, and no security system can prevent all security breaches. We do not and cannot guarantee that there will be no unintended disclosures of your PII or that unauthorized third parties will not defeat our security measures or use nonpublic information for improper purposes.

COOKIES

We collect and store Automatically-Collected Information through a standard feature found in browser software called a "cookie." A cookie is a small file that a website transfers to a user's computer or other operating device, which may then be stored on the computer's or operating device's hard drive. Number2.com uses cookies to remember you and personalize your web-viewing experience by keeping track of your session when using Number2.com. Cookies enable you to maintain continuity as you move from page to page on Number2.com and to avoid the nuisance of being asked to provide the same information repeatedly. Cookies also allow us to make sure that only your browser can exchange information regarding your account with our servers. Cookies also provide us Automatically-Collected Information about Number2.com features used and activities conducted while usingNumber2.com. We may use cookies to aggregate data about user traffic on and user interaction with Number2.com so we can offer better experiences and tools in the future. The cookies we use are called session cookies, meaning they are set when you use Number2.com and are erased when you end your session on Number2.com or completely close your browser. The XAP cookies we use do not remain on your hard drive after you end your session on Number2.com or completely close your browser.

Third-Party Cookies

We use third-party services provided by Google Analytics to track and analyze your Number2.com activity. In order to gather this Automatically-Collected Information, we use a Google Analytics cookie on Number2.com. If you don't want your Automatically-Collected Information used by Google Analytics, Google recommends installing the Google Analytics Opt-out Browser Ad-on, located here: https://tools.google.com/dlpage/gaoptout/

We may also have third-party widgets on Number2.com, such as widgets provided by YouTube, PollDaddy and Screencast. When you use these third-party widgets by using features of our site, the widgets may place cookies associated with these widgets on your computer or other operating device.

Don't want cookies?

Most browsers are initially set to accept cookies. If you don't want cookies, you can set your browser to disable or refuse cookies or to alert you when cookies are being used. Please refer to your browser for information on how to disable and control cookies. You should note, however, that various Number2.com services and features might not function properly when cookies are not utilized.

LINKS

Number2.com hosts links to other sites or resources, and you may link to one of those sites or resources for a variety of purposes. These sites and resources have privacy statements that may differ from that of Number2.com, and for your protection, we recommend that you read and understand the privacy policy at any website prior to providing personal information on that website or otherwise continuing to use that website. XAP is not responsible for the privacy practices or the content of any websites to which Number2.com links or for the conduct of persons operating those websites. XAP does not have control over such external sites and resources. XAP shall not be liable for any content, advertising, products, or other materials on or available from such sites or resources. In addition, XAP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, or materials on or available through any such site or resource.

MODIFYING YOUR INFORMATION

You may update on Number2.com some of the PII you previously provided. To modify PII: (i) Sign in to Number2.com, (ii) after you are logged in select one of the tests (ACT or GRE) or the Vocabulary Builder on the right menu bar, (iii) click on the Account Management option in the grey menu box below your selected section, (iv) modify or delete information as desired, and (iv) save the change. If you want to remove PII that is in a required field (and not replace it with other data), you will need to contact XAP at 1-800-281-1168 and request that your account be inactivated.

Please recognize that if you delete information, it will no longer be available on Number2.com and your account may not function properly. Similarly, when accessed over Number2.com, PII that has been updated or otherwise modified will appear in its then-current form, rather than in the form in which it may have been submitted at some earlier time. Please note that if you modify or delete any PII, we may retain the earlier-submitted PII, as described in the section below entitled "Retention and Storage."

RETENTION AND STORAGE

We retain all PII and Automatically-Collected Information in our databases to fulfill the purpose for which the information was collected. Note that even after you ask that we remove your information from our databases, it may be impossible to remove some information, such as information tracked in our web server log files and information that may reside in backup files. We may also retain Automatically-Collected Information even after you request that we remove your information from our databases, for use in the aggregate and to analyze and improve Number2.com. Further, even after you request that we remove your information from our databases, we may retain PII and Automatically-Collected Information to comply with applicable laws, rules, regulations, or guidelines; to prevent fraudulent activity; to protect ourselves against liability; to resolve disputes; and to enforce our contractual or other rights. Notwithstanding the foregoing, XAP will not retain PII for longer than is allowed under applicable law.

AMENDING THIS PRIVACY STATEMENT

XAP may amend this Privacy Statement from time to time. We will post any new Statement here, and you should review this Statement regularly to make sure you are aware of its terms. You can determine if this Statement has been revised since your last visit to Number2.com by referring to the "last updated" date at the top of this Statement. If XAP makes any substantial changes to this Privacy Statement, XAP may also notify you (i) by posting a message on the Number2.com homepage for at least thirty (30) days; or (ii) by providing direct notice to you via your contact information or by requiring that you agree to the revised Statement to next time you log into your account on Number2.com. Once posted to Number2.com, the new Privacy Statement will apply to all data previously submitted and subsequently submitted to Number2.com, unless such use is prohibited by law.

UNENFORCEABILITY

If any part of this Statement is determined to be invalid, illegal, or unenforceable under applicable law, then the invalid, illegal, or unenforceable provision will be deemed to be superseded by a valid, legal, and enforceable provision that most closely matches the intent of the original provision, and the remainder of this Statement will continue in full force and effect.

QUESTIONS?

If you have any questions about this Privacy Statement and the privacy practices on this site, you may contact us at tech-support@xap.com.

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