Privacy Policy

The Xplor Privacy Policy was updated on
July 04, 2018.

Your privacy is important to Xplor. So we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.

Overview

MyXplor Pty Ltd ACN 604 322 910 (“Xplor”, “we”, “us”, “our”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding personal information we collect from users of our Site and Services (as defined in the Terms of Use). Capitalized terms not defined in this Privacy Policy have the meanings given in our End User Licence Agreement (“EULA”).

The processing of Personal Data shall always be in line with the Australian Privacy Principles contained in the Privacy Act 1998 (“Privacy Act”), the General Data Protection Regulation (“GDPR”), and in accordance with country-specific data protection regulations applicable to Xplor.

We have implemented a number of technical and organizational measures to ensure the most complete protection of Personal Data processed through the Site.

For the purpose of the GDPR:

  • In respect of the Personal Data of the Website and the Services the Data Controller is Xplor;
  • In respect of Personal Data of end users or organisations of clients that use our Services, Xplor may also process Personal Data on behalf of its clients as a data processor. When working as a data processor Xplor will be acting on the instructions of its client and will work hard to ensure that the client is fully GDPR compliant. You will need to review the privacy policy of that client as in this instance they will be the data controller, and we will only process Personal Data on behalf of our clients in accordance with their instructions and not for our own purposes. Similarly, where we act as a data processor Xplor has no direct control over the data collected by its clients. This means that you should contact the client with any data controller requests.

For the purpose of the Privacy Act, when we act a data processor no “disclosure” of Personal Data has been made to us.

User Consent

Where we rely on your consent as the lawful basis to process your data under the GDPR we will always ask for you to positively affirm your acceptance. By clicking “Login]” or “Signin” you acknowledge and agree to be bound by this Privacy Policy.

We note that all contact or other data forms where consent is required to be given by you, include no pre-checked checkboxes so that you are able to freely affirmatively opt-in. We will also provide you with notice on the Site specifically detailing what it is that you are consenting to in clear and plain language as well ensuring that each matter that requires consent is clearly distinguishable.

For all areas of the Site where consent is given it is just as easily able to be withdrawn through the appropriate account settings on the Site.

If you believe that consent has not been given freely or in breach of the terms of this Privacy Policy please contact us.

Children

We understand the importance of taking extra precautions to protect the privacy and safety of children using Xplor products and services. Children under the age of 16, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own Xplor IDs, unless their parent provided verifiable consent or as part of the child account creation process or they have obtained a Managed Xplor ID account (where available) through their school.

Where we rely on consent of children under the age of 16, or equivalent minimum age in the relevant jurisdiction, we will take reasonable efforts to verify such and collect consent of parents or guardians where applicable. Where we rely on legitimate interests we will balance our legitimate interests in processing personal data against the interests and fundamental rights and freedoms of the child.

If we learn that we have collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, outside the above circumstances we will take steps to delete the information as soon as possible.

If at any time a parent needs to access, correct, or delete data associated with their Family Sharing account or child’s Xplor ID, they may contact us through our Privacy Contact Form.

Where we provide services to children we will ensure that any privacy notices sent are children friendly.

What personal data we collect

We will only collect personal information from you if it is reasonably necessary for one or more of our functions or activities.

“Personal Data” means any information that allows someone to identify you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

INFORMATION YOU PROVIDE TO US

1. Account and User Data

You do not need to create an account with us to use some of our services.

During your registration and later on, on the use of the Site and for any services we provide (such as the Xplor application and Xplor training events), you may enter your details on the different forms or provide us with additional content.

We may collect this Personal Data from you, such as your name, e-mail and mailing addresses, phone number, password and other relevant details at registration. When you create or share content, or upload content such as photos, videos, comments, metadata (geographic tags) we may also collect this data. This data is used to enable us to identify and verify you and provide you with support, services, mailings, sales and marketing actions, and billings. Certain functionality of the Xplor services require your personal data to function properly.

Your username may be public, and you may choose whether to make a username or a pseudonym.

The legal basis for this processing is based on:

●        your consent through your voluntary submission of the form and agreeing to these term;

●        the Personal Data being necessary for the performance of a contract to which you are a party;

●        for carrying out pre-contractual measures; and/or

●        any other legitimate interests as detailed below.

2. Payment Data

When you make a purchase, we (or our third party service provider) will collect all information necessary to complete the transaction, including your name, credit card information, debit card information, billing information and/or PayPal information.

The Personal Data we collect will be the data that you input in any payment area on the website.

The legal basis for this processing is based on:

●        your consent through your voluntary submission of the form and agreeing to these terms;

●        the Personal Data being necessary for the performance of a contract to which you are a party including the payment of goods or services; and/or

●        any other legitimate interests as detailed below.

This Personal Data is needed to enable us to process your payment for the goods or services.

We retain information on your behalf, such as domain names, URLs, time zone preferences, Invoice Service invoices, transactional history, messages and any other information that you store using your Account.

3. Contact and Messaging Data

If you provide us feedback or contact us via e-mail, or other means including by phone call or by contracting with us, we will collect your name and e-mail address, as well as any other content included in the e-mail or conversation, in order to send you a reply. We will store and process your communications and information as needed.

When you participate in one of our surveys, we may collect additional profile information.

The legal basis for this processing is based on:

●        either through your consent through your voluntary submission of the form and agreeing to these terms or by your voluntary submission of data to us in other means;

●        the Personal Data being necessary for the performance of a contract to which you are a party;

●        for carrying out pre-contractual measures; and/or

●        any other legitimate interests as detailed below.

By submitting the form or making contact with us such Personal Data is transmitted on a voluntary basis and you consent to its collection.

4. Public Data

When you post messages on our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.

You should be aware that any information you provide in the manner contemplated above may be made broadly available for others.

This Personal Data includes information such as your profile information, your time zone and any information you input. You are responsible for what you make public.

The legal basis for this processing is based on:

●        your consent through your voluntary submission of the form and agreeing to these terms; or

●        your voluntary submission of data to us.

5. Subscription Data

On the Site you may have the ability to subscribe to various newsletters or other forms. We may collect the data when you input your details for subscription purposes.

The Personal Data is processed for the purpose of informing you regularly by means of a newsletter or other offer form. The personal information collected during the subscription will only be used for marketing materials or for reasons made known on the form.

The legal basis for this processing is based on:

●        your consent through your voluntary submission of the form and agreeing to these terms; and/or

●        any other legitimate interests as detailed below.

By submitting the form and voluntarily providing us with your data, you are providing consent to the use of such data by us. For the purpose of revocation of consent there is a corresponding unsubscribe link found in each subscription email. Please review the consent section above in this Privacy Policy for how we deal with consent. Where we use your data for direct marketing we will ensure that it is in compliance with relevant laws. Where you are a customer of ours we may be required to send you emails for legitimate reasons including but not limited to billing, reminders and account verification.

We may also collect Personal Data at other points in our Site that state that Personal Data is being collected. In some circumstances, Personal Data is provided to us by third parties such as our related entities, service providers or other organisations conducting activities on your behalf. With your expressed consent, your Personal Data may be used and disclosed to us this way. The purposes as outlined above may include the processing of such Personal Data to the extent necessary for us to comply with a law, regulation or legal request or to protect the safety of any person or to prevent fraud. In certain jurisdictions, we may ask for a government issued ID in limited circumstances including when setting up a wireless account and activating your device, for the purpose of extending commercial credit, managing reservations, or as required by law.

Data with special protections

You can choose to provide us with information such as health and medical data. This data is collected directly from you through our Site or through one of our Services. We use this data in integration with our services that we offer, including the ability to disclose this to others so that they are aware of any health requirements that you may have.

This and other data may be subject to special protection under the laws of your country. Where we collect such data from you we will only do so if it is considered reasonably necessary for us to collect such data for us to perform our functions or activities and you consent, or collection is required by law or another exception under the relevant laws applies.

INFORMATION WE COLLECT AS YOUR USE OUR SERVICES

1. Location Data

With some of our products such as Xplor we collect the geographical location of a smartphone or watch. This data can be used to locate the carrier of the device or watch. Location Data is collected solely for the purposes of assisting parents and caregivers to determine the location of the carrier of the device, under the explicit or implicit consent of that person. The Xplor services deal with location, so in order to work, the services need to know your location. Whenever you open and use/interact with our services on a mobile device, watch or go to one of our sites, we use the location information from your mobile or watch or other tracking device to tailor the services experience to your current location (we’ll show your location). The services may also use your mobile device’s background location to provide the services, including to send you notifications near you. If you have background location turned on, the services will, from time to time, inform us about your device’s location even if you are not directly interacting with the services. How we collect this data is detailed below. Where we collect user data in a service we will comply with the relevant Apple App Store and Google Play Store requirements.

2. Log Data

To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyse trends, to administer the site, to learn about user behaviour on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Xplor may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the Xplor website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

3. Google Analytics

We currently use Google Analytics as well as Google Analytics for Display Advertising. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. Site owners can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. Please see the following links for more information about Google Analytics: http://www.google.com/analytics/,http://www.google.com/privacy.html and http://www.google.com/analytics/tos.html.You can also opt-out of Google Analytics for Display Advertising by going to the Google Ads Preferences Manager.

4. Social Networking Sites

If you:

●        log on to the Service with your login credentials from a social networking site(such as Facebook, Twitter, or LinkedIn) (“Social Networking Site”) or

●        associate your Account with your account at a Social Networking Site, we may receive information about you from such Social Networking Site, in accordance with such Social Networking Site’s terms of use and privacy policy (“SNS Terms”). We may add this information to the information we have already collected from you via the Service. If you elect to share your information with these Social Networking Site, we will share information with them in accordance with your election. The SNS Terms will apply to the information we disclose to them.

INFORMATION WE COLLECT FROM OTHERS

1. Data and content other people upload

 

We may also collect information and communications that other people provide when they use our Services. This can include information about you such as when others share or comment on a photo of you, when they upload a photo or video of you or when they comment or tag you. We may also collect your information if you are invited to participate in our Services this may include information such as your name, mailing address, phone number, email address, contact preferences and is used for the purpose of enabling us to provide our Services to you.

2. Client Data

We may collect Personal Data about you that our clients have chosen to share with us, that is collected by their use of our services.

Our clients may use our applications in their workplace. This means we may collect Personal Data that the client may send to us either manually or automatically through API that is integrated with our system. This includes information such payroll processing, invoicing and other records.

As a data processer Xplor does not choose the information that will be sent to it by its clients and follows the instructions of its clients in connection with the processing of all of such information.

We will only collect information about you directly from you, except where it is unreasonable or impracticable to do so.

How we use your Personal Data

We will only use or disclose your personal information for the purposes for which we advised you we were collecting it for as noted in this Privacy Policy or a related purpose which would reasonably be expected or otherwise with your permission.

The personal information we collect allows us to keep you posted on Xplor’s latest product announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.

We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.

We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of Xplor ID account holders.

From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Xplor, you may not opt out of receiving these communications.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Xplor’s products, services, and customer communications.

If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.

We agree to not use or disclose this information for a secondary purpose unless you consent to us doing so, or another exception applies under applicable laws.

In the event that we hold sensitive information about you, we will only disclose or use that information with your consent or if another exception applies under applicable laws.

We will also use or disclose your personal information or sensitive information if we are required to do so by law or a court / tribunal order; or if we reasonably believe that the use or disclosure of the information is reasonably necessary for an enforcement related activity or on behalf of an enforcement body, in which case we will make a written note of the use or disclosure or another exception applies under relevant laws.

CREATION OF ANONYMOUS DATA

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where an Xplor product is used so that we can better understand customer behaviour and improve our products, services, and advertising.

We may collect information regarding customer activities on our website, and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest. Aggregated data is considered non personal information for the purposes of this Privacy Policy.

We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.

With your explicit consent, we may collect data about how you use your device and applications in order to help developers improve their software.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

Disclosure of Your Personal Data

We may disclose your Personal Data to third parties for the purposes contained in this Privacy Policy, including without limitation to:

  1. Service Providers

We may share your Personal Data with service providers to:

  • provide you with the Services that we offer you through our Site;
  • to conduct quality assurance testing;
  • to facilitate creation of accounts;
  • to provide technical support;
  • and/or to provide other services to Xplor.

The service providers (and if necessary data processors) include:

  • information technology service providers such as web host providers and analytical providers;
  • mailing houses;
  • market research organisations to enable them to measure the effectiveness of our advertising; and
  • specialist consultants.

These third party service providers are required not to use your Personal Data other than to provide the services requested by Xplor.

  1. Affiliates and Acquisitions

We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. In the event we are involved in a merger, acquisition or sale of assets we may disclose  Personal Data collected by us to such entities that we propose to merge with or be acquired by, and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. This includes the disclosure of information to our clients where we act as a data processor.

  1. Third parties and other users of Xplor Services

We may disclose your Personal Data to third parties to whom you expressly ask to us to send the Personal Data to or to third parties you consent to us sending your personal information to. When you post on a timeline you may choose who to share this data with. For example you may post a photo to a timeline and share it to a parent, or a group. Similarly, when you message a person or a group those people will see the content that you share. We also let other accounts see who has viewed or liked content. Please note that others may also share your content. Other users of Xplor Services may also be able to view limited personal information about you in a group or other setting.

We may also, with your consent or at your direction, disclose your personal information to your authorised representatives.

  1. Other disclosures

Regardless of any choices you make regarding your Personal Data (as described below),Xplor may disclose Personal Data if it believes in good faith that such disclosure is necessary(a) in connection with any legal investigation;(b) to comply with relevant laws, regulations, enforceable governmental requests or to respond to subpoenas or warrants served on Xplor;(c) to protect or defend the rights or property of Xplor or users of the Services; (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use (e) to protect the safety of any person or to protect the safety or integrity of our platform including for security reasons (f) detect, prevent or otherwise address fraud, security or technical issues..

We may share your Personal Data with such third parties subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your Personal Data only on our behalf and pursuant to our instructions.

We will take reasonable steps to ensure that anyone to whom we disclose your personal information respects the confidentiality of the information and abides by the APPs the GDPR or equivalent privacy laws.

We will not share, sell, rent or disclose your personal information in ways different from what is disclosed in this Privacy Policy.

Where we act as a data processor the client may also provide us with instructions with regards to disclosure.

If we can’t collect your data

If you do not provide us with the personal information described above, some or all of the following may happen:

  • we may not be able to provide the requested products or services to you, either to the same standard or at all;
  • we may not be able to run the competitions and promotions in a way that benefits you;
  • we may not be able to provide you with information about products and services that you may want; or
  • we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.