Important Information.

Xplor’s Terms of Service, End Use Licence Agreement, Privacy Policy and GDPA can be found in the tabs below.

TERMS OF SERVICE

These Terms Of Service (TOS) govern the supply by Xplor of Services to You. Together with the EULA, this TOS also governs the use of the Services by You during the Term. By accepting this TOS and registering to use the Products, You are entering into a binding legal Agreement with Xplor. It is therefore important that you carefully read this TOS, and also the associated EULA at the time of registering to use the Products. The EULA is available here and You will be prompted to acknowledge Your acceptance of the EULA when You and/or Your Invited User(s) register to use the Products. By signing this TOS and registering to use the Products You acknowledge that You have read and understood this TOS and the EULA, and that You have the authority to enter this Agreement on Your own behalf and also on behalf of Your Invited User(s) and Centre(s).

Definitions

Agreement means the agreement between Xplor and You pursuant to the terms and conditions of the TOSand the EULA as amended from time to time. If there is any inconsistency between the TOS and the EULA, the terms of this TOS prevail.

Access Fee means the fee (excluding any taxes and duties) payable by You each month per active Centre associated with You or a Centre registered to use the Services from time to time or such other amount as Xplor and You may agree in writing from time to time.

Centre means an ELC associated with You or otherwise under Your control, Data means any data that You, an Invited User, or any person with Your authority inputs into the Products via the Equipment, the Website or via any other means.  

ELC means an organisation providing, directly or indirectly, early childcare and/or associated services.

EULA means the terms of the Xplor End User Licence Agreement available from the Website, or otherwise made available by Xplor, as amended from time to time.

GST has the meaning defined in the A New Tax System (Goods and Services Tax) Act 1999.

Marks means any name, logo or trade mark owned by, or licensed to, Xplor.

PPSA means the Personal Property Securities Act 2009 (Cth) as amended from time to time.

Privacy Policy means Xplor’s privacy policy as published to and available from the Website from time to time.

Product(s) means the software products made available to You by Xplor via the Website, the App or such other means as Xplor may determine from time to time.

Website means the website accessible at the domain www.ourxplor.com or such other site as Xplor may determine from time to time.

Invited User means any person or entity other than You who uses the Services at Your request or with Your authorisation, and may include a Centre.

Service Panel means the section accessible by You within the Products and which section contains details relating to You and/or Your Invited Users and/or Centres.

Services means any, or all, of the Products, Website or associated goods and services Xplor makes available to You from time to time pursuant to this Agreement and includes reasonable set-up, training, and support relating to the Services.

Special Terms means the terms and conditions, if any, agreed separately and in writing

Term means, from time to time, the period covered by the Access Fee paid or payable and, where the context permits and requires, a reference to Term shall be to the Term as renewed in accordance with this Agreement.

Trial Period means 30 days from the date of this TOS

Xplor means MyXplor Pty Ltd ACN 604 322 910 or its advised related entities from time to time.

You means the ELC utilising the Services forming part of this TOS.

  • Rights to use the Products
      1. Xplor grants You the right to access and use the Products during the Term via the Website and/or the Equipment (where applicable) with the particular user roles available to You according to Your subscription type. The right granted to You is non-exclusive, non- transferable, and is limited by and subject to this Agreement.
  • Invited Users
      1. Subject always to compliance with this Agreement, You may invite Invited Users to use some or all of the Services.
      2. You acknowledge and agree that, subject always to this Agreement:
        1. You determine who is an Invited User and what level of user role and access that Invited User has. You can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be. If there is any dispute between You and an Invited User regarding access to any Product, You shall decide what access or level of access that Invited User shall have, if any.
        2. You are responsible for all Invited Users’ use of the Services.
  • Payment obligations
      1. Xplor may issue You with an invoice for the Access Fee in respect of each Billing Period during the Term.
      2. All Xplor invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email or via such other means as Xplor may determine from time to time. Without prejudice to any other rights that Xplor may have, Xplor reserves the right to suspend or terminate use of Services by You, Your Invited Users, or any Centre, in the event that any invoices are not paid in full by the due date for payment.
      3. You must pay or arrange payment of all amounts specified in any invoice issued to You by Xplor by the due date for payment which Xplor may reasonably determine from time to time. You hereby agree to make payment to Xplor by way of a direct debit arrangement upon the request of Xplor.
      4. You are responsible for payment of all taxes and duties, including but not limited to GST, in addition to the Access Fee, and Xplor may invoice these amounts to You.
      5. You must not withhold, make deductions from, or set-off, payment of any money owed to Xplor for any reason.
      6. Subject always to this Agreement, and at Your request, Xplor may issue an invoice for the Access Fee (or any part thereof) to such third parties as You may reasonably request, including but not limited to any Centre and/or Invited User, save always that Xplor retains the absolute right to determine to whom to issue invoices for the Access Fee (or any part of it) and notwithstanding the party to whom an invoice is issued You remain liable for the payment of all Access Fee properly due and payable under this Agreement.
      7. You warrant to Xplor that, if you make a request pursuant to clause 4)f), you have the consent of the third party to whom You have requested the invoice be issued.
      8. Unless indicated otherwise, the Access Fee is expressed exclusive of GST.
  • Preferential pricing or discounts
      1. You may from time to time be offered preferential pricing or discounts to the standard Access Fee based on the number of Centres using the Services at Your request. Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fee in relation to all of Your Centres. Without prejudice to any other rights that Xplor may have, Xplor reserves the right to render invoices for the full (non-discounted) Access Fee due, or to suspend or terminate Your use of the Services in respect of any or all of Your Centres in the event that any invoices for those Access Fees are not paid in full by the due date for payment.
  • Automated Bank transaction data  
      1. Where available, automated bank account transaction data feeds are generally provided to You free of charge. However, Xplor reserves the right to pass on any charges related to the provision of bank feed data on a case-by-case basis at Xplor’s sole discretion. In the event that Xplor proposes to pass on such charges to You, Xplor will notify You of the charges. If You wish to discontinue the bank feeds and avoid the proposed charges, You must notify Xplor of your decision whereupon Xplor will use its reasonable endeavours to arrange for such feeds to be terminated in accordance with the providing bank’s usual practices.
  • Usage Limitations
      1. Use of the Services may be subject to such limitations as Xplor may advise from time to time, including but not limited to monthly transaction volumes  
  • Termination
      1. Xplor may exercise any of its rights under clause 7.b) if You:
        1. in relation to a breach capable of remedy (including by non-payment of the Access Fee), fail to remedy such a breach of this Agreement by You, Your Invited User or Centre within 14 days of notice of the breach;
        2. Your Invited User or Centre commit a breach that is not capable of remedy (which includes by non-payment of any Access Fees that are more than 30 days overdue or a breach of clause 3.;
        3. You or any Centre operated by or associated with You become insolvent or any steps are taken by You or in relation to You in connection with insolvency including but not limited to the entering of any arrangement with creditors, the appointment of receivers or managers, administrators and/or liquidators.
      2. Upon the occurrence of any event in clause 7.a), Xplor may:
        1. terminate this Agreement and use of the Services by You, Your Invited Users and/or Centres;
        2. suspend for any definite or indefinite period of time use of the Services by You, Your Invited Users and/or Centres; and/or
        3. subject to law and to the Privacy Policy, suspend or terminate access to the Data by You.
      3. Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement, You will remain liable for any accrued charges and amounts which become due for payment before or after termination.
      4. On termination of this Agreement, You must:
        1. immediately cease to use the Services; and
        2. delete all copies of the Products installed on any device You own or use; and
  • Prepaid Subscriptions
      1. To the extent permitted by law Xplor will not provide a refund for any remaining prepaid period for a prepaid Access Fee subscription.
  • Term
      1. This Agreement commences on the date of this Agreement and continues for the Term.
  • Technical Problems
      1. In the case of technical problems with the Services You must make all reasonable efforts to investigate and diagnose problems before contacting Xplor. If You still need technical help, please check the support available via the Website or, if necessary, by sending a support request email to support@myxplor.com.
  • Service availability
      1. Whilst Xplor intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable, including to permit maintenance or other development activity to take place.
      2. Xplor will use its reasonable endeavours to publish in advance on the Website or by other means as Xplor may determine details of any known significant outages or interruptions to the Services.
  • Entire agreement
      1. This Agreement constitutes the entire agreement between You and Xplor relating to the Services and it supersedes all prior agreements, representations (whether oral or written), and understandings between Xplor and You relating to the same.
  • Confidentiality, licence and reservation of IP rights
      1. To the extent that it comprises personal information, Xplor will deal with the Data in accordance with the Privacy Policy and will otherwise treat the information as confidential unless it is publicly available information otherwise than by a breach of this Agreement.
      2. Nothing in this Agreement operates to grant You any intellectual property rights in the Services or any part thereof.
      3. You must not use any Marks without the prior written consent of Xplor or register or attempt to register rights in relation to the Marks, any derivative of the Marks, or anything similar to them.
      4. You hereby grant to Xplor a non-exclusive licence to use the Data to the extent necessary for Xplor to provide the Services.
  • Warranties
      1. Xplor does not warrant that the Services are fit for any purpose whether or not made known by You.
      2. Xplor hereby excludes all express and implied conditions and warranties in relation to the Services and this Agreement except those conditions or warranties that cannot be excluded by law.
      3. Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or any equivalent Act of any State or Territory of Australia except to the extent permitted by such Acts.
      4. You warrant to Xplor that:
        1. You have all licences, permits and other regulatory consents required or necessary to enter into this Agreement and perform Your obligations hereunder;
        2. You have the authority to grant the licenses pursuant to 14)d) of this Agreement;
        3. You are using the Services for the commercial purposes contemplated by this Agreement only;
        4. You have attended to all backups, and have maintained copies of, the Data and You acknowledge that Xplor is not responsible for attending to any such backup obligations; and
        5. the use by Xplor of the Data will not result in any unauthorised use of the rights of any person.
  • Liability
      1. To the absolute extent permitted by law, Xplor will not be liable to You, Your Invited Users, Centres or any other person for any liability, loss or damage of any kind (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) arising directly or indirectly from or in connection with this Agreement or use of the Services by You, Your Invited Users and/or and Centre.
      2. In the event that Xplor’s liability cannot be wholly excluded, and to the the extent permitted by law, its liability under this Agreement shall be limited to, at its option:
        1. the replacement of the Services;
        2. the cost of having the Services replaced.
  • Waiver
      1. The failure by Xplor to exercise any of its rights arising under this Agreement will not operate as a waiver of the right and the express waiving of any particular right, including a right in respect of a breach of this Agreement by You, will not operate as a waiver of any other right.
  • Delays
      1. Neither party will be liable for any delay or failure in performance of its obligations under this Agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
  • Assignment
      1. Xplor may assign its rights under, and/or novate, this Agreement at any time by notice in writing to You.
      2. You may not assign any rights to under this Agreement to any other person without Xplor’s prior written consent.
  • Governing law and jurisdiction
      1. This Agreement is governed by and is to be construed in accordance with the laws in force in the Commonwealth of Australia and the state of Victoria therein. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any right to object to proceedings being brought in those courts.
      2. If Xplor determines, or if it is otherwise required by the laws of any jurisdiction, this Agreement may on notice to You by Xplor commence to be governed by, and/or be construed in accordance with, the laws of any other jurisdiction from which Xplor operates or in which Xplor makes the Services available in which case and from the date of notice by Xplor the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that jurisdiction and waive any right to object to proceedings being brought in those courts.
  • Severability
      1. If any part or provision of this Agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as is possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
  • Notices
      1. Any notice given under or pursuant to this Agreement by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Xplor must be sent to support@myxplor.com or to any other email address notified by email to You by Xplor. Notices to You will be sent to the email address you have provided via the Service Panel.
  • Rights of Third Parties
      1. Unless expressly indicated otherwise in this Agreement, a person who is not a party to this Agreement has no right to benefit under, or to enforce, any term of this Agreement.
  • Updates and amendments
      1. You acknowledge that from time to time and as Xplor determines it necessary or desirable to do so Xplor may update any aspect of the Services.
      2. You acknowledge that, in the event of an update of any aspect of the Services or for such other reasons as Xplor may determine, Xplor may make reasonable amendments to this Agreement (or any part of it) to give effect to, or properly accord with, the Services from time to time and You hereby agree to accept such amendments.
      3. Any amendments by Xplor pursuant to this clause may be advised to You in writing including via the Website, the Products and/or the Equipment and shall take effect 14 days from the date of such notice unless You communicate to Xplor an objection to the amendments.
  • Special Terms
    1. The parties acknowledge and agree that the Special Terms that may be agreed separately and in writing form part of this Agreement.

OPTIONAL SERVICE:

Xplor SMS Terms and Conditions

This document is a subset of the Xplor Terms Of Service (TOS). By turning on the SMS Booster on Xplor, you agree to the following terms and conditions.

Commercial Terms

Australia – $0.15 AUD + GST per SMS. $25 AUD per month per dedicated number.

United Kingdom – 0.08 GBP + VAT per SMS. 14 GBP per month per dedicated number.

The SMS system allows a maximum message size of 160 characters. If a user sends a longer message, the system splits it to two or more separate SMS.

Terms and Conditions

  1. Compliance with Policies

(a) You must comply with any applicable any Anti-Spam Policy we publish on our website or make available to you.

(b) You must comply with any policy we publish on our website or make available to you directed to ensuring that the use of a Service complies with all Laws.

  1. Use of Service by others

(b) The acts and omissions of your Staff and End Users with respect to a Service are deemed to be your acts and omissions.

(c) You must ensure that your Staff and End Users do not do (or omit to do) anything that would breach your Customer Contract if done (or not done) by you.

  1. Using a Service

(a) When using a Service, you must comply with:

(i) your Customer Contract (including Anti-Spam Policy); and

(ii) any applicable Laws.

(b) You must not use a Service, and you must Ensure that your End Users do not use a Service:

(i) to send Restricted Content;

(ii) for publishing, reproducing or advertising any message, information, symbol or other communication which is offensive or abusive or of an indecent, obscene or menacing character or for the purpose of causing annoyance, inconvenience or needless anxiety to any person, or for any unlawful purpose;

(iii) to defame any person;

(iv) to breach the rights of any person;

(v) to infringe copyright;

(vi) to create, transmit or communicate communications which are defamatory, obscene, pornographic, discriminatory, offensive, in breach of confidence, illegal or which bring us or any of our Providers into disrepute;

(vii) to host or transmit Content which contains viruses or other harmful code or data designed to interrupt, damage, destroy or limit the functionality of any software, hardware or computer or communications equipment;

(viii) to send, allow to be sent, or assist in the sending of Spam, to use or distribute email harvesting software, or otherwise breach the Spam Act;

(ix) in a way that is misleading or deceptive, where that is contrary to Law;

(x) in a way that results, or is likely to result, in damage to property or injury to any person; or

(xi) in any way that damages or interferes with our Services to other customers, our Providers or any Facilities or exposes us to liability.

(c) You are solely responsible for all acts or omissions that occur under your Account including any password provided to you by us, and the Content of any Messages transmitted through the Service. You acknowledge and agree that any Messages sent using your Account are deemed to have been sent and/or authorised by you.

  1. Telephone numbers – General

(a) We must comply with the Numbering Plan, which sets out rules for issuing, transferring and changing telephone numbers.

(b) You must not knowingly and deliberately:

(i) do anything that causes us to breach the Numbering Plan or which makes it more difficult for us to comply with it; or

(ii) relocate, reassign or transfer the number for any Service except in accordance with our published procedures, or otherwise as the Law permits.

  1. Telephone numbers – Messaging Services

(a) Messaging Services are not a portable service within the meaning of the Numbering Plan.

(b) A number we use in association with your Account:

(i) is not a portable number;and

(ii) is not subject to number portability –

within the meaning of the Numbering Plan.

(c) You are not a ‘customer’ for the purposes of the Communications Alliance code titled Mobile Number Portability C570:2009.

(d) Any Shared Number or Dedicated Number used in association with your Account has not been issued to you. You acknowledge that we retain ownership of any Dedicated Number used in association with your Account and you have no right to retain a particular number when your Contract ends.

(e) We retain all rights, obligations and liabilities under the Numbering Plan and other legislation relevant to such numbers.

(f) If your Application Form states that we will provide you with a Dedicated Number/s (inbound or outbound) we will provide you with use of those Dedicated Numbers in accordance with clauses 16 and 17.

  1. Voluntary number porting

(a) If, despite clause 5, we agree to transfer:

(i) a Shared Number or a Dedicated Number to you; or

(ii) a mobile service number from you for use in connection with an Account –

then as far as the law allows, you release us and our third party supplier/s from all liability to you, and you indemnify us and them against all costs, expenses, liability, loss or damage incurred or suffered by us or them in conjunction with any claims, actions or proceedings against us or them (including third party claims or claims by you) arising out of the following:

(iii) our inability to transfer-in or transfer-out the number; or

(iv) the fact that the number is not, or ceases to be, available for use in connection with an Account.

Confidentiality, Intellectual Property and Privacy

  1. Confidentiality

(a) Each party (Recipient) undertakes that, in respect of Confidential Information disclosed to the Recipient by the other party (Disclosing Party), it will not disclose Confidential Information except:

(i) for the purpose for which the Confidential Information was disclosed to the Recipient under the terms of the Customer Contract;

(ii) to those employees, officers and agents of the Recipient who need to know the information for the purposes of the Customer Contract, if that person undertakes to keep confidential the Confidential Information;

(iii) to professional advisers and consultants of the Recipient whose duties in relation to the Recipient require that the Confidential Information be disclosed to them;

(iv) with the prior written approval of the Disclosing Party; or

(v) as otherwise required by law to disclose such information.

(b) The parties acknowledge that monetary damages alone would not be adequate compensation for a breach of the obligations of confidentiality under this Customer Contract, and a Disclosing Party is entitled to seek an injunction from a Court of competent jurisdiction on a breach or threatened breach of this clause.

(c) Despite anything else contained in this Customer Contract and in particular in this clause 7, we retain the unconditional and irrevocable right to disclose your identity and address and those of any of your Staff or End Users in the event of any complaint received from any regulatory or Government body or Carrier, in connection with this Customer Contract.

(d) Nothing in this clause 7 prevents us from naming you as a customer and user of our Services in our marketing materials.

  1. Privacy

(a) If a party is provided with, or has access to, Personal Information in connection with the Services, it must comply with the Privacy Act and any other applicable law in respect of that Personal Information, whether or not it is an organisation bound to comply with the provisions of the Privacy Act. Details of our privacy policy can be found on our website.

(b) You acknowledge and agree that where you authorise or require us to collect or otherwise deal with Personal Information in your name or on your behalf in connection with providing the Services, that we do so as your agent.

(c) You acknowledge and agree that except as may be required by the Customer Contract, we are not required to take steps to ensure that any Personal Information collected by you has been collected in accordance with the Privacy Act. Further, you indemnify us for any Claim by a third party that it has suffered Loss as a result of a breach of the Privacy Act.

(e) If the Services or the performance of our respective obligations under this Customer Contract involve any processing of any personal data (as defined in the GDPR) of, or sending Messages to, any individuals in the European Union, then we each agree that we shall comply with the additional terms set out in Parts D and E.

Credit Management

  1. Credit management

(1): Guarantees and security

We may, at any time, make supply of Service conditional on you providing and/or maintaining security and/or third party guarantees to our reasonable satisfaction.

  1. Credit management

(1): Debt collection

(a) We may disclose information about you and any debt you owe us to:

(i) a debt collection service we engage; and

(ii) anyone who takes, or is considering taking, an assignment of any debt you owe us.

(b) Your consents

(i) If you are an individual, you agree that we can conduct a credit check and verify your personal details, in accordance with this clause.

(ii) If you are self-employed, you agree that we can:

(A) obtain and use any report or information from a credit reporting agency, which contains information about your commercial activities or commercial credit worthiness;

(B) exchange with your other credit providers, any credit report or other report about your credit worthiness or history, or personal information contained in those reports –

in accordance with this clause.

(c) You acknowledge that credit and other information about you may be used:

(i) to assess your application,

(ii) to assist you to avoid defaulting on your credit obligations,

(iii) to notify other credit providers of a default by you,

(iv) to assess your creditworthiness.

Prices, Billing and Payment Terms

  1. Charges & payment: Prices

(a) You agree to pay our Charges in accordance with the terms of your Contract.

(b) Our current prices at any time are

Australia – $0.15 AUD + GST per SMS. $25 AUD per month per dedicated number.

United Kingdom – 0.08 GBP + VAT per SMS. 14 GBP per month per dedicated number.

(c) If the price for a service is not listed in our Price List, for example the price for international SMS, we may charge you a fee equal to the cost to us of providing that service plus a reasonable margin.

(d) You warrant that you will use the Messaging Services exclusively for the sending of Standard Rate Messages containing Unrestricted Content to End Users and, where the Service supports it, receiving Messages from End Users. We may make an extra Charge if you send any Messages that are not Standard Rate Messages, equal to the amount charged to us by the Carrier plus a reasonable margin.

(e) You must pay for every Message despatched using the Messaging Services irrespective of receipt by the intended recipient.

(f) On written request received within 30 days of the Message being despatched, we will provide evidence that the Message was delivered to the relevant Carrier or Provider.

(g) Any failure by a Carrier to deliver a Message to the intended recipient is beyond our control and you will not hold us liable in respect of any such failure.

  1. Calculation of number of SMS

Information point: The SMS system allows a maximum message size of 160 characters. If a user sends a longer message, the system splits it to two or more separate SMS’s that may be reassembled on delivery so that they appear to be a single message (or, on some handsets, may be delivered as a series of separate SMS). When a longer message is split in this way, the components are no more than 153 characters long, because seven characters are used to facilitate re-joining on delivery. As a result, a longer message will result in more than one SMS being transmitted, and charges apply accordingly, as described in this clause.

Charges for an SMS Service will be based on the number of SMS you send, calculated in accordance with the following rules:

(a) If you include any Unicode characters and send via a Unicode supported service, content that contains no more than 70 characters counts as one SMS. In all other cases, content that contains no more than 160 characters counts as one SMS.

(b) If you include any Unicode characters and send via a Unicode supported service, content that contains more than 70 characters counts as one SMS for each block of 67 characters or part thereof. In all other cases, content that contains more than 160 characters counts as one SMS for each block of 153 characters or part thereof.

(c) A ‘character’ includes each individual letter, digit, punctuation and other symbol in the Content.

(d) Each press of a ‘spacebar’ generates a separate character.

(e) Some special symbols and non-English letters may comprise more than one character and you will be charged accordingly.

(f) Where an SMS is sent to multiple End Users, each one is counted separately.

  1. When we can bill

(a) Your ‘Billing Period’ is the period between bills. Unless your Application Form states otherwise, our standard Billing Period is monthly.

(b) We can bill a part-period eg to align your Billing Period with the first day of each month.

  1. Billing disputes

(a) Our records of what you owe us are deemed to be right unless you show them to be wrong.

(b) If you dispute a bill, you must pay it on time and without set off. We shall credit you if it is later determined that you are entitled to a credit.

(c) You may not raise a billing dispute more than 12 months after a bill is issued, and we will not pay a refund or give a credit in respect of a period prior to that.

END USER LICENCE AGREEMENT

This End User License Agreement (EULA) is a legal agreement between you and MYXPLOR PTY LTD (XPLOR), and governs the XPLOR Software Products made available to you on this site (Website), which may include software, code, scripts, schemas, templates, slides, instructions, associated media, Internet-based services, support services, and related printed or electronic documentation (Products). By installing and/or using the Products, you agree to the terms of this EULA (Terms). Please read the Terms carefully and in full prior to completing the installation process and using the Product. If you do not agree with the Terms please do not install or use the Product.

  • General Use Rights
      1. Upon downloading, installing or using a Product (whichever comes first), you are granted a revokable, non-transferable, non-exclusive and limited licence (Licence) to use the Product for your personal use only and strictly in accordance with these Terms, for the term of the Licence (Licence Term) commencing on the date that you purchase the Licence.
      2. You may install and use the Product on your personal computer and electronic devices
      3. You must NOT without written consent of XPLOR share the Licence, or the contents of the Products, with others.
      4. You agree that XPLOR may, upon reasonable notice to you, audit your use of the Product for compliance with these Terms. In the event that such audit reveals any use of the Product by you other than in full compliance with these Terms, you shall reimburse XPLOR for all reasonable expenses related to such audit in addition to any other liabilities XPLOR incurs as a result of such non-compliance.
  • Limitations
    1. You must NOT:
      1. make or distribute copies of the Product, or electronically transfer the Product from one computer to another or over a network;
      2. alter, digitize, merge, modify, adapt or translate the Product, or decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human-perceivable form;
      3. sell, transfer, rent, lease, licence or sub-license the Product;
      4. attempt to undermine the security or integrity of Xplor’s computing systems or networks or, where the Products are hosted by a third party, that third party’s computing systems and networks;
      5. not use, or misuse, the Products in any way which may impair the functionality of the Products or Website, or other systems used to deliver the Products or impair the ability of any other user to use the Products or Website;
      6. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
      7. transmit, or input into the Website or Products, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
      8. broadcast, transmit or otherwise display in a public forum the Product or any part of the Product;
      9. post the Product or part of the Product on any website;
      10. assign and/or novate any rights and obligations under these Terms;
      11. modify the Product or create derivative works based upon the Product;
      12. use the Product for commercial purposes other than the purpose for which it is supplied to You; or
      13. use the Product to develop any product having the same primary function as the Product.
    2. You acknowledge and agree that:
      1. the Product may include technical inaccuracies or errors;
      2. the party permitted to make changes to the Product (whether XPLOR or the supplier of the Product (Supplier)) may make improvements or other changes in the Product at any time;
      3. You are authorised to use the Products and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Products. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Products (whether that information and Data is Your own or that of anyone else);
      4. Xplor has no responsibility to any person other than You and nothing in this agreement confers, or purports to confer, a benefit on any person other than You. If You use the Products or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
        1. You are responsible for ensuring that You have the right to do so;
        2. You are responsible for authorising any person who is given access to information or Data, and you agree that Xplor has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
        3. You will indemnify Xplor against any claims or loss relating to: (a) Xplor’s refusal to provide any person access to Your information or Data in accordance with these Terms; and (b) Xplor’s making available information or Data to any person with Your authorization.
      1. The provision of, access to, and use of, the Products is on an “as is ” basis and at Your own risk;
      2. Xplor does not warrant that the use of the Products will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Products, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Products. Xplor is not in any way responsible for any such interference or prevention of Your access or use of the Products;
      1. Xplor is not Your accountant and use of the Products does not constitute the receipt of accounting advice. If You have any accounting questions, please contact an accountant;
      1. It is Your sole responsibility to determine that the Products meet the needs of Your business and are suitable for the purposes for which they are used; and
        1. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
  • Upgrades

If the copy of the Product is an upgrade from an earlier version of the Product, you must possess a valid full License to a copy of an earlier version of the Product used to upgrade to this upgrade copy in order to install and/or use this upgrade copy, and the upgrade copy is provided to you on a License exchange basis. You agree by your installation and use of such copy of the Product to voluntarily terminate your earlier agreement and uninstall, destroy and cease using the earlier version of the Product or transfer it to another person or entity.

  • Ownership

XPLOR and its Supplier(s) retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Product (as an independent work and as an underlying work serving as a basis for any application the Customer may develop),  and all copies thereof. All rights not specifically granted in these Terms are reserved by XPLOR and its Supplier(s).

  • Links to This Party Sites

You may link to third party sites through the use of the Products. The third party sites are not under the control of XPLOR, and XPLOR is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third-party sites. XPLOR is not responsible for any form of transmission received from any third party sites. XPLOR is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by XPLOR of the third party site.

  • Additional Licensed Content/Services

These Terms apply to any updates, supplements, add-on components, or Internet-based services components, of the Product that XPLOR may provide to you or make available to you after the date you obtain your initial copy of the Product, unless XPLOR provides other terms along with the update, supplement, add-on component, or Internet-based services component. XPLOR reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product.

  • Intellectual Property
      1. “Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
      2. Title to, and all Intellectual Property Rights in the Products, the website and any documentation relating to the Products remain the property of Xplor (or its licensors).
      3. You must not remove or modify any copyright notice on the Product nor register any copyright based on the Product.
      4. You must not use any of XPLOR’s or its Supplier(s)’ trademark(s) (Trademark), nor register in any country any Trademark, or any mark confusingly similar to the Trademark, whether along or in combination with the Trademark.
  • Security
      1. You must use your best endeavours to ensure that the Product is protected at all time from access, use or misuse, damage or destruction by any person not authorised to use the Product pursuant to these Terms.
      2. You must ensure that all usernames and passwords required to access the Products are kept secure and confidential. You must immediately notify Xplor of any unauthorised use of Your passwords or any other breach of security and Xplor will reset Your password and You must take all other actions that Xplor reasonably deems necessary to maintain or enhance the security of Xplor’s computing systems and networks and Your access to the Products.
  • Termination
    1. If You:
      1. breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
      2. breach any of these Terms and the breach is not capable of being remedied; or
      3. You become insolvent or bankrupt, or become subject to any similar insolvency event in any jurisdiction,

Xplor may take any or all of the following actions, at its sole discretion:

      1. Terminate this Agreement and Your use of the Services and the Website;
      2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website; or
      3. Suspend or terminate access to all or any Data.
    1. For the avoidance of doubt, if payment of any Access Fees (per the SOT) is not made in full by the relevant due date, Xplor may suspend or terminate:
      1. Your use of the Service,
      2. Your rights of access to all or any Data.
      1. Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will remain liable for any accrued charges and amounts which become due for payment before or after termination; and immediately cease to use the Services and the Website.
      2. Without prejudice to any other rights, XPLOR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product(s) and all of its component parts and you will not be entitled to a refund of any fees already paid by you.
      3. The following provisions of this EULA will survive any termination: All definitions and clauses 7, 10, 11, 12, 13, 17 and this clause 9.
  • Warranties and Exclusions
      1. Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply warranties or conditions or impose obligations and guarantees on XPLOR and its Supplier(s) (“Implied Terms”). If any such provisions apply, to the extent permitted by law XPLOR’s liability will be limited at its option to the resupply, repair or replacement of the Product or the cost of such resupply, repair or replacement. Subject to such provisions, all representations, conditions and warranties of any nature are expressly excluded. Nothing in this clause excludes, restricts or modifies your rights under a mandatory term.
      2. You warrant that where You have registered to use the Products on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Products You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
      3. Xplor gives no warranty about the Services. Without limiting the foregoing, Xplor does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non- infringement
  • Exclusion of Incidental, Consequential and Certain Other Damages
    1. Subject to any Implied Terms and to the maximum extent permitted by applicable law, in no event shall XPLOR or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever, arising out of or in any way:
      1. related to the use of or inability to use:
        1. the Product,
        2. the provision of or failure to provide any support or other services,
        3. information, software, and related content through the Product;
      2. under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of XPLOR or any supplier to XPLOR, and even if XPLOR or any Supplier(s) has been advised of the possibility of such damages.
  1.  Limitation of Liability and Remedy

Subject to any Implied Terms, the entire liability of XPLOR and any of its Suppliers under any provision of this EULA (including with respect to the Product) and your exclusive remedy hereunder will be limited to the actual damages you incur in reasonable reliance on the Products up to AU$100.

  • Your indemnity
      1. You will indemnify XPLOR, its directors, employees, contractors and agents from and against all damages, losses, claims and expenses:
        1. in the event that your act or omission causes or contributes to XPLOR breaching its obligations with the Supplier of the Product;
        2. as a result of your use of the Product, including but not limited to, any modification by you of the Product (whether done with XPLOR’s consent or otherwise) which causes the Product to infringe the intellectual property rights of a third party (including the Supplier(s)).
  • Variation of the Terms
      1. XPLOR may vary these Terms at any time and without notice to you.
  • Data
    1. “Data” means any data inputted by You or with Your authority into the Website.
    1. Title to, and all Intellectual Property Rights in, the Data remain Your property. You grant Xplor a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
    1. You must maintain copies of all Data inputted into the Products. Xplor adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Xplor expressly excludes liability for any loss of Data no matter how caused.
      1. If You enable third-party applications for use in conjunction with the Products, You acknowledge that Xplor may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Products. Xplor shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
  • Communication
    1. If You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Products, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Products or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
      1. When You make any communication on the Website, You represent that You are permitted to make such communication. Xplor is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Products. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Xplor does reserve the right to remove any communication at any time in its sole discretion
  • Confidentiality
    1. For the purposes of this clause, “Confidential Information” includes all information exchanged between the parties to this EULA, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party
    1. Unless the relevant party has the prior written consent of the other or unless required to do so by law, Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
      1. Xplor maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy and You will be taken to have accepted that policy when You accept these Terms.
  • General Conditions
    1. The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.
    2. If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, it is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms.
    3. These Terms are governed by and are to be construed in accordance with the laws in force in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any right to object to proceedings being brought in those courts.

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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 processor 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:

 

 

  • 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.

 

  • 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.

 

  • 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.

 

  • 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.

 

COMMITMENT STATEMENT

The EU General Data Protection Regulation (GDPR) is the most significant piece of European privacy legislation in the last twenty years. It replaces the 1995 EU Data Protection Directive (European Directive 95/46/EC), strengthening the rights that EU individuals have over their data, and creating a uniform data protection law across Europe.

Xplor will comply with applicable GDPR regulations as a data processor when they take effect on 25th May 2018. Working in conjunction with our clients, we will explore opportunities within our services offerings to assist our customers to meet their GDPR obligations.

How We are Preparing for the GDPR

MyXplor Pty Ltd (Xplor) already has a consistent level of data protection and security across our organisation, however it is our aim to be fully compliant with the GDPR by 25th May 2018. Our preparations include:

  • Information Audit – carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.

  • Policies & Procedures – Implementing new data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including:

  • Data Protection – our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.

  • Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.

  • Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.

  • International Data Transfers & Third-Party Disclosures – where Xplor stores or transfers personal information outside the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.

  • Subject Access Request (SAR) – we have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.

  • Legal Basis for Processing – we are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.

  • Privacy Notice/Policy – we have revised our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.

  • Obtaining Consent – we have revised our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.

  • Direct Marketing – we have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.

  • Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special catlarge-scalenal conviction data; we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).

  • Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, Hosting etc), we have drafted compliant Processor Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organisational measures in place and compliance with the GDPR.

  • Special Categories Data – where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.

 

Data Subject Rights

In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via our website, of an individual’s right to access any personal information that Xplor processes about them and to request information about:

  • What personal data we hold about them

  • The purposes of the processing

  • The categories of personal data concerned

  • The recipients to whom the personal data has/will be disclosed

  • How long we intend to store your personal data for

  • If we did not collect the data directly from them, information about the source

  • The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this

  • The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use

  • The right to lodge a complaint or seek judicial remedy and who to contact in such instances

Information Security & Technical and Organisational Measures

Xplor takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including:

  • SSL, access controls, password policy, encryptions, pseudonymisation, practices, restriction, IT, authentication.

GDPR Roles and Employees

Xplor has designated Fred Wu as our Data Protection Officer (DPO)/Appointed Person and have appointed a data privacy team to develop and implement our roadmap for complying with the new data protection Regulation. The team are responsible for promoting awareness of the GDPR across the organisation, assessing our GDPR readiness, identifying any gap areas and implementing the new policies, procedures and measures.

Xplor understands that continuous employee awareness and understanding is vital to the continued compliance of the GDPR and have involved our employees in our preparation plans. We have implemented an employee training program specific to the which will be provided to all employees prior to May 25th, 2018, and forms part of our induction and annual training program.

If you have any questions about our preparation for the GDPR, please contact Fred Wu (Head of Engineering).