Privacy Policy

PRIVACY POLICY

This Privacy Policy is Subject to Change.

Effective Date: January 27, 2026

This Privacy Policy (“Policy”) applies to your interaction with Xclusive Services, together with its parent company Xclusive Staffing Acquisition Holdings, LLC and any current or future subsidiaries and affiliates (collectively, “Xclusive”, “we”, “us”, “our”), unless otherwise stated, including any mobile application (“App”) or online website that we own (collectively with the App, “Site”), unless a different online, mobile, or other privacy policy is posted relating to a particular site, application, or service, or is made available to you and by its terms supplants this Policy. We may collect, retain, use, and disclose personal and other information about you in accordance with this Policy.

We may collect personally identifiable information, such as your name, email address, postal address, and phone number. We may also collect other sensitive information such as your date of birth, gender, and username. Passwords are not stored directly; we use a hash of the password to maintain security.

Xclusive does not knowingly collect any personal information from anyone under 13 years of age.

This Policy applies to information we collect through the Site or electronic messages sent to us through the Site. It does not apply to information collected by us offline or through any other means.

By accessing or using the Site, you agree to be bound by the terms of this Policy and also consent to how we collect, share, and otherwise use information about you as described in this Policy. If you do not agree to these terms, do not access or use the Site.

If you are an employee of Xclusive and have questions about or do not agree with this Policy, please contact Xclusive at (303) 430-1700. Use of the App is required to perform certain job-related functions, and continued employment or assignment may depend on the use of the App, subject to applicable law.

1. INFORMATION WE COLLECT

When you access and use the Site, we may collect the following types of information, as applicable to your use of the Site:

• “Personal Information” which is information that identifies an individual or relates to an identifiable individual, such as your name, address, email address, postal address, phone number, and date of birth. “Non-Personal Information” is information about you that, on its own, does not identify you personally. When we combine information that is Non-Personal Information with Personal Information, we treat it like Personal Information for as long as it is combined.
• Employment-Related Data” which is information related to your employment with Xclusive, including information such as clock-in and clock-out times, work location, shift and assignment data, and task or job status information and may include Personal Information.
• “Usage Data” which is information that we automatically collect about your use of the Site, such as information about your device and how your access and interact with the Site, including location data, your internet connection, IP address, and other unique identifiers. Usage Data does not directly identify an individual but may constitute Personal Information in some instances. Usage Data is a critical part of how we improve your experience using the Site.

2. HOW WE COLLECT YOUR PERSONAL INFORMATION

We use information collected from your use of the Site to personalize and improve your experience with the Site, and to provide the Site to you, and for other purposes set out below. When you use the Site, we may collect Personal Information and Employment-Related Data in the ways described below.

Information You Provide to Us

You may provide information to us in various ways, such as through forms or other means offered through the Site, such as when you communicate with us about the Site, complete and submit forms through the Site, or clock-in and clock-out using the App.

Note that if you fill out any online form in the Site or send communications through the Site, you are voluntarily providing your information to us electronically through the Site. If you submit Personal Information, it will be kept confidential and will not be shared, given, or sold to any third parties unless those third parties are business partners of Xclusive whose services are required to provide the Site to you. If you submit Employment-Related Data, it will be kept confidential and will not be shared, given, or sold to any third party except for any party for whom you provide services through your employment with Xclusive. Personal Information provided to us will be stored on secure computer systems that have technical and physical safeguards in place to protect your information. By providing us with your email address, you indicate that you wish to be contacted by us by return email.

Information We Automatically Collect

When you use the Site, we collect Usage Data subject to the settings of your device that you use to access the Site. We may use various technologies to collect and store Usage Data in connection with your use of the Site. The Usage Data we may collect include:

• Device Information. We collect information about your device, such as unique identifiers associated with your device.
• Log Information. We automatically collect information in system logs or similar files about how you interact with the Site, such as which buttons you click. This log information may also include things like date and time of access.
• Information Used to Reidentify. We may collect information in order to reidentify you across multiple use sessions.
• Location Information. We may use certain information to estimate your location through use of location-enabled services on your device (which typically provide GPS or Wi-Fi access point details), which are used to enhance the Site, verify or confirm the accuracy of clock-in and clock-out locations, as applicable, and to provide services and functionality through the Site. You may adjust your privacy settings to control whether we can access your location, but if you make such changes, some parts of the Site may not function properly. If you are an employee of Xclusive, your continued employment or assignment may depend on access to location information through the App, subject to applicable law.

Information from Other Sources

We may collect Personal Information from other sources such as third parties from which you authorize us to obtain Personal Information about you or on your behalf. We may also collect information made publicly available through third-party platforms such as social media websites, online databases, or online directories.

3. USE OF INFORMATION COLLECTED

We may use the information we collect from you and third parties except as is restricted by this Policy or applicable law.  For instance, we use this information to operate the Site and provide the Site to you. In addition, we may use your Personal Information or Employment-Related Information, as applicable:

• To Respond to You. We use the information we collect to respond to requests, questions, and concerns. We may use your information to verify your identity or provide you with information and services.
• To Provide the Site to You. We use the information we collect to provide the Site to you in a personalized way.
• To Communicate with You. We use the information to respond to inquiries or other communications to or from you. Messages or information sent by you to third parties will be recorded in information logs, which may be reviewed to monitor the overall effectiveness of the Site.
• To Ensure the Security and Integrity of the Site. We use the information we collect to protect the Site, its users, our services, and underlying systems from unauthorized access, misuse, fraud, disruption, or other security incidents, and to maintain the proper functionality, reliability, and availability of the Site.
• For Employment-Related Purposes. We use the information we collect to enable timekeeping and attendance tracking, verify work activity and job assignments, and support payroll, invoicing, and workforce reporting.
• To Ensure the Quality of the Site. We use the information we collect to verify and maintain the quality of the Site, improve the Site, or develop new a new site or new services.
• As Part of a Business Transaction. In the event of a business transaction, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or sale of all or a portion of our assets, we may use your information in connection with such transaction.
• For Legal Reasons. We may disclose your information to comply with any applicable laws and/or regulations, such as to comply with valid legal processes such as a search warrant, subpoena, or order from a court or tribunal of competent jurisdiction.

4. SHARING OF INFORMATION COLLECTED

We share information with third parties in order to provide the Site to you and for our internal business purposes, including for the following purposes:

• Sharing with Business Partners. We may share information with business partners to provide and improve the Site. We may share information about you with third-party partners with whom we collaborate to provide you with the Site.
• Sharing with Companies for Whom You Work. We may share Employment-Related Data with companies for whom you work or provide services as an employee of Xclusive.
• Sharing with Service Providers Acting on Our Behalf. We may share information with service providers we use to assist us in providing the Site to you and/or to perform on our behalf any of the activities we are permitted to conduct under this Policy and our Terms of Use. We may also share with third parties deidentified or aggregated data that we collect. We share such information for a variety of purposes, including to monitor and understand your use of the Site and to improve the Site.
• Sharing with Affiliates. We may share information with any parent, subsidiary, or affiliate business entity for internal business purposes. Such parties are subject to Xclusive’s corporate policies regarding privacy and confidentiality and are required to employ at least the same strict standards of confidentiality and security that we employ.
• Sharing with Employees. We may share information with our employees in order to respond to your communications, requests, or inquiries. Certain employees will also be provided with information to monitor the effectiveness of the Site or your employment with Xclusive, as applicable. Our employees are required, by written confidentiality agreements and corporate policies, to maintain the confidentiality of Personal Information and Employment-Related Data and to use strict standards of care in handling Personal Information and Employment-Related Data.
• Sharing with Third Parties as Part of a Business Transaction. We may disclose and transfer information to a third party as part of a business transaction as described in Section 3.
• Sharing with Third Parties for Legal Reasons. We may disclose your information to comply with any applicable laws and/or regulations, such as to comply with valid legal processes such as a search warrant, subpoena, or order from a court or tribunal of competent jurisdiction.

We do not sell information collected through the Site to third parties.

5. PROTECTION OF INFORMATION COLLECTED

We use commercially reasonable administrative, technical, and physical safeguards, and other appropriate security measures to protect Personal Information and Employment-Related Data. For example, when you provide Personal Information, we employ certain technical and organization security measures, such as encryption where appropriate. Unfortunately, no data transmission over the Internet or other data system can be guaranteed to be 100% secure. Accordingly, by using the Site and providing us with your Personal Information, you understand and agree that the security of your information is not guaranteed. To the fullest extent of the law, you agree to hold harmless Xclusive, its employees, officers, directors, owners, subsidiaries, vendors, subcontractors, and agents against any claims related to your Personal Information or Employment-Related Data being acquired by unauthorized third parties so long as Xclusive did not intentionally and knowingly breach this Policy.

Unless otherwise required pursuant to your employment with Xclusive, if you wish to keep your communications with us private, you should not communicate with us using the Site. If you have reason to believe that your interaction with us is no longer secure, immediately notify us in accordance with the contact methods provided at the end of this Policy.

You can also take steps to promote the confidentiality and security of your Personal Information and Employment-Related Data.  For instance, when you establish your account, you can create strong passwords that you do not use for other accounts that require log-ins.  You can keep your password secret and do not store it in places or ways that make it vulnerable to being stolen.  Also, you can use the settings on your electronic devices so that those devices automatically log off or lock your screen when you are not actively using them.

Additionally, unless otherwise required pursuant to your employment with Xclusive, if you want to, you can “opt out” of having your information collected, used, and/or shared as described in this Policy by not accessing or using the Site.  You may “opt out” or “opt in” each time you choose whether to access and/or use the Site.

6. COOKIES AND OTHER TRACKING TECHNOLOGIES

We and our service providers use cookies and similar tracking technologies to support the operation, security, and functionality of the Site, to understand how users interact with the Site, and to improve the services we provide. These technologies may include not only traditional cookies, but also mobile-specific identifiers and technologies, such as software development kits (SDKs), application programming interfaces (APIs), device identifiers, local storage, and similar tools.

Type of Technologies We Use

The tracking technologies used in connection with the Site may include:

• Cookies and Local Storage. Small data files stored on your device that help maintain user preferences, session information, and Site functionality.
• Mobile Device Identifiers. These identifies include device ID, advertising ID, or similar identifiers provided by your mobile operating system.
• SDKs and APIs. Code provided by third party vendors that help us enable features, analyze Site performance, prevent fraud, and support analytics and crash reporting.
• Pixels, Tags, and Log Files. Technologies that collect information about how the Site is accessed and used, including usage events, error reports, and performance data.

How We Use These Technologies

We use cookies and tracking technologies for the following purposes:

• Essential and Operational Purposes. To enable core Site functionality, maintain user sessions, authenticate users, and ensure the security and integrity of the Site.
• Analytics and Performance. To understand how users interact with the Site, monitor usage trends, identify errors, diagnose technical issues, and improve Site performance and user experience.
• Security and Fraud Prevention. To detect, prevent, and investigate suspicious or unauthorized activity, protect user accounts, and safeguard our systems.
• Preferences and Settings. To remember user preferences and settings, such as language or configuration choices, where applicable.

We do not use cookies or tracking technologies to collect personal information beyond what is reasonably necessary for these purposes.

Third Party Technologies

Some tracking technologies may be provided and operated by our third party service providers, such as analytics, cloud hosting, or security vendors. These providers may collect information on our behalf and process it subject to contractual obligations that limit their use of the information and require appropriate safeguards. We do not permit third parties to use these technologies for their own independent marketing or advertising purposes unless expressly disclosed to you.

Your Choices and Controls

You may be able to control or limit certain tracking technologies through your device or operating system settings, including:

• Adjusting privacy or advertising settings on your mobile device
• Limiting or resetting your device’s advertising identifier
• Managing Site permissions or uninstalling the App

Please note that disabling or limiting certain technologies may affect the availability or functionality of some features of the Site and may impact your continued employment with Xclusive, subject to applicable law

7. MOBILE PLATFORM PROVIDERS

The App is made available through mobile operating systems and app distribution platforms operated by third parties, including Apple (iOS and the App Store) and Google (Android and Google Play). When you download, install, or use the App, these platform providers may independently collect information about you or your device, such as device identifiers, operating system information, and App usage data, in accordance with their own privacy policies and terms. We do not control how Apple or Google collect or use this information. To learn more about how these platforms handle personal information, please review Apple’s and Google’s respective privacy policies.

8. RETENTION OF INFORMATION COLLECTED

We keep Personal Information and Employment-Related Data only for as long as required to fulfill the purposes for which it was collected. However, in some circumstances we may retain Personal Information and/or Employment-Related Data for longer periods of time, for instance where we are required to do so in accordance with legal, tax, and accounting requirements. We may also retain your Personal Information and/or Employment-Related Data for longer periods of time so that we have an accurate record of your dealings and/or employment with Xclusive in the event of any complaints or challenges. When we have no ongoing legitimate business need to process your Personal Information or Employment-Related Data, we will either delete or anonymize it.

9. CHILDREN’S PRIVACY

The Site is not intended for use by persons under the age of 13. We do not seek to or knowingly collect or solicit information about children under the age of 13. No information should be submitted to or posted through the Site by users under 13 years of age. If a child under the age of 13 provides Personal Information to us, the child’s parent or guardian should contact us to request that we remove the Personal Information from our system. If we learn that any Personal Information we collect has been provided by a child under the age of 13, we will promptly delete the information.

10. UPDATES TO THIS PRIVACY POLICY

We reserve the right to update or change this Policy at any time by posting the most current version of the Policy on the Site with a new Effective Date shown. You are responsible for checking this Policy periodically for changes. All such changes in the Policy shall be effective from the Effective Date. Your continued use of the Site after we post any changes to this Policy signifies your agreement to any such changes. If you do not agree to this Policy, including any updates or changes, you must discontinue using the Site. If you are an employee of Xclusive and do not agree to this Policy, including any updates or changes, please contact Xclusive at (303) 732-8028.

11. CONTACT INFORMATION

If you have other questions, comments or concerns about our privacy practices, or if you wish to issue a request to exercise your rights where applicable by law, please contact us at privacy@xclusiveservices.com or at the address below. Please provide your name and contact information along with the request.

Xclusive Services

8774 Yates Drive, #210

Westminster, CO 80031

 

12. YOUR STATE PRIVACY RIGHTS

State privacy laws may provide their residents with additional rights regarding our use of their personal information. This section applies to residents of such states (“State Privacy Laws”) and supplements the other disclosures of this Policy.

State Privacy Laws include those consumer privacy laws in California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia, and other state privacy laws enacted in the future.

Categories of Personal Information Collected

Depending on how you interact with the Site, we may collect the following categories of personal information, as defined under appliable State Privacy Laws:

• Identifiers, such as name, email address, phone number, device identifiers, or online identifiers
• Employment data, such as employee ID, employment-related information, and payroll-related data
• Protected classification characteristics, such as age or gender
• Internet or other electronic activity information, including Site usage data, log data, and interaction information
• Geolocation data, such as your general geographic location derived from device settings (where enabled) or more precise location when using the Site
• Inferences, drawn from usage data to improve Site functionality and user experience

Your sensitive personal information is subject to an additional layer of protection. As a result, we will not use data from the sensitive information categories, including an account log-in, password, or credentials allowing access to an account, precise geolocation, and contents of mail, email, and text messages, except to the extent reasonably necessary to perform employment-related functions, operate and secure the Site or our systems, or comply with applicable law.

Purposes for Processing Personal Information

We collect and process personal information for the purposes described in this Policy, including to:

• Provide, operate, and maintain the Site
• Authenticate users and manage accounts
• Manage workforce operations, including timekeeping, attendance tracking, scheduling, job assignments, and verification of work performed
• Ensure the security and integrity of the Site
• Detect, prevent, and investigate fraud or unauthorized activity
• Improve Site performance, functionality, and user experience
• Comply with legal, regulatory, and contractual obligations

Disclosure of Personal Information

We may disclose personal information to:

• Our third party service providers and processors that perform services on our behalf, such as hosting, analytics, security, customer support, and compliance services
• Companies for whom you work or provide services to administer employment and staffing functions, including timekeeping, attendance verification, scheduling, job assignments, and workforce reporting
• Affiliates, where permitted by law and consistent with this Policy
• Law enforcement or other third parties where required or permitted by law

We do not disclose personal information to third parties for their own independent purposes except as described in this Policy.

Sale, Sharing, and Targeted Advertising

We share personal information with third parties for business purposes and we may sell your personal information to third parties, subject to your right to opt-out of those sales. The categories of third parties to whom we disclose your personal information may include marketing, business strategy, advertising, analytics, and payment providers and certain third parties where you have provided consent or where we are required by law.

We allow certain third party providers to collect information about consumers for purposes of analyzing and optimizing our services, delivering ads, providing content, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. To the extent this practice is interpreted to constitute a “sale” under applicable State Privacy Laws, please refer to Right to Opt-Out of Personal Information Sales section below.

Right to Opt-Out of Personal Information Sales

You have the right to direct us not to sell personal information we have collected about you to third parties. If you are under the age of 16, you have the right not to have your information sold, unless you, or your parent or guardian, affirmatively authorize such sales.

Submitting Requests: To exercise your right to opt-out, please email us at privacy@xclusiveservices.com. For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:

• provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
• describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

Rights Under State Privacy Laws

Subject to certain limitations and exceptions, residents of states with enacted privacy laws may have the right to:

• Confirm whether we process their personal information
• Access personal information we have collected about them
• Correct inaccuracies in their personal information
• Delete personal information, subject to legal retention requirements
• Obtain a copy of their personal information in a portable format
• Opt out of certain processing activities, where appliable
• Appeal a decision regarding a privacy rights request

Exercising Your Rights

You may submit a request to exercise your state privacy rights by using the contact information provided in this Policy. We will verify your request as required by law and respond within the timeframes mandated by applicable State Privacy Laws.

Authorized agents may submit requests on your behalf where permitted by law and subject to verification requirements.

Please submit a request specifying the right you wish to exercise by:

• Emailing us at privacy@xclusiveservices.comwith the subject line “Privacy Rights Request”, or
• Calling us at (303) 430-1700, or
• Writing to us at the following address:

 

Xclusive Services

8774 Yates Drive, #210

Westminster, CO 80031

Non-Discrimination

We will not discriminate against you for exercising your rights under appliable State Privacy Laws, including by denying services, or providing a different level or quality of service, except as permitted by law.

Data Retention

We retain personal information for only as long as reasonably necessary to fulfill the purposes described in this Policy, unless a longer retention period is required or permitted by law.

Updates to this Section

We may update this section to reflect changes in applicable State Privacy Laws or our data practices. Any material changes will be posted in this Policy.

HOW TO CONTACT US

If you have other questions, comments, or concerns about our privacy practices, or if you wish to issue a request to exercise your rights where applicable by law, please contact us at privacy@xclusiveservices.com or at the address below. Please provide your name and contact information along with the request.

Xclusive Services

8774 Yates Drive, #210

Westminster, CO 80031