Last Updated: January 2023
Effective Date: January 2023
Thanks for using Xplor! This Privacy Notice explains our online and offline collection, use, and disclosure of information that identifies or could be used to identify you (“Personal Data“). This Privacy Notice applies to Xplor Technologies and our controlled affiliates and subsidiaries (collectively, “Xplor,” “we,” “our,” or “us”).
Third-party services that we integrate with are governed under their own privacy policies.
References to “Products and Services” in this Privacy Notice includes our websites (see list below), apps, and related products and services, such as our payment processing platforms and our software solutions for Payments, Fitness & Wellbeing, and Home Services.
We operate the following Products and Services, which are subject to this Privacy Notice:
This Privacy Notice describes the following:
This Privacy Notice applies when Xplor acts as a controller (i.e. when Xplor decides how and why Personal Data is processed). It does not apply to situations where Xplor is acting as a service provider or processor (as described below). If you have questions regarding your relationship with Xplor, and whether or not this Privacy Notice applies to your interactions with us, please contact Xplor at [email protected] or as otherwise described in the 11. Questions section of this Notice.
Xplor Products and Services can be used by businesses that contract with us to use our Products and Services (“Customers”) and by consumers (“Consumers”). In most cases it is Xplor’s Customers, rather than Xplor itself, that make decisions about how the Customers’ employees (“authorized users”) and their customers or Consumers use our Products and Services. In most of those situations, Xplor is acting as a processor or service provider, and this Privacy Notice does not apply.
If you’re using an Xplor Product and Service in those situations, such as through your company, educational institution, gym, coach, or with your company email address, that entity is responsible for determining how your information is used.
This Privacy Notice does not apply to Personal Data we process as a service provider or data processor on behalf of our Customers. If you are a Consumer of one of our Customers, you should read that organization’s privacy notice. Questions about privacy practices can be directed to the Customer or to [email protected].
In other situations, Xplor acts as a “data controller” (the entity that decides how and why information is processed). This Privacy Notice applies to situations where Xplor is a data controller, such as when we process Personal Data collected online or offline by us, for example when:
Customers and Potential Customers:
Our websites and Products and Services may also contain links to other websites, applications, platforms and services maintained by third parties. The information practices of these third parties, including the social media platforms that host our branded social media pages, are governed by their privacy notices, which you should review to better understand their privacy practices.
The Personal Data we collect depends on how you interact with us, the Products and Services you use, and the choices you make.
We collect, and may have collected in the preceding twelve months, Personal Data about you from different sources and in various ways when you use our services, including information you provide directly, information collected automatically about you, information collected from third-party data sources, and information we infer or generate from other data. We may combine any Personal Data we collect with other Personal Data we maintain, including those from other sources.
When you are asked to provide Personal Data, you may decline. And you may use our web browser or operating system controls to prevent certain types of automatic data collection, as described further in the Cookie Notice. If you choose not to provide data that is necessary for certain features of our Products and Services, those features may not be available to you or may not function correctly.
Website Visitors. We may collect contact information and the contents of inquiries, questions, and complaints from you through surveys, feedback requests, and forms on our websites or other locations.
Customers. As a Customer, we collect Personal Data directly from you and your authorized users when you, for example: contract with us to use our Products and Services, integrate our Products and Services with another website or product, or communicate with us in any way.
Consumers. As a Consumer, we collect Personal Data directly from you and on behalf of our Customers when you sign up to receive services from our Customers, such as a gym, leisure facility, or nursery; or make payments.
Personal Data you provide directly to us includes:
If you provide us, our service providers, or our affiliates with any Personal Data relating to other consumers, you represent that you have the authority to do so, and where required, have obtained the necessary consent, and acknowledge that it may be used in accordance with this Privacy Notice.
As further described the Cookie Notice, when you use our Products and Services, some Personal Data is collected automatically about you.
For example, when you visit our websites, our web servers automatically log:
We infer new information from other data we collect, including through the use of automated means, to generate information about your likely preferences or other characteristics (“inferences”). For example, we may infer your general geographic location (such as city, state, country, and jurisdiction) based on your IP address.
We may also obtain Personal Data from third parties. These third-party sources include, for example:
We use your Personal Data to perform the functions of our Products and Services and to provide you with the Products and Services you request. We also use Personal Data collected through our Products and Services for the purposes described in this Privacy Notice or as otherwise disclosed to you.
For example, we use, or have used in the preceding twelve months, each category of Personal Data (listed above in the 2. Personal Data We Collect section) for the following purposes:
We combine Personal Data that we collect from different sources to give you a more seamless, consistent, and personalized experience.
Xplor may disclose, or may have disclosed in the preceding twelve months, your Personal Data with your consent or as necessary to complete your transactions or provide the Products and Services you have requested or authorized.
In addition, we disclose, or have disclosed in the preceding twelve months, each of the categories of Personal Data described above, with the types of third parties described below, for the following business purposes:
Third-party analytics companies also collect Personal Data through our website and apps, including identifiers and device information (such as cookie IDs, device IDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data, as described in the Cookie Notice.
We may disclose your Personal Data to these third-party vendors to improve analytics for their own purpose and others. For example, we use Google Analytics on our website to help us understand how users interact with our website. You can learn how Google collects and uses information at www.google.com/policies/privacy/partners.
Please note that some of our Products and Services include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide Personal Data to any of those third parties, or allow us to disclose Personal Data to them, that Personal Data is governed by their privacy notices.
Finally, we may share de-identified information in accordance with applicable law. De-identified information is generally not considered to be Personal Data.
Xplor may send promotional communications to current and prospective Customers about new services, offers, promotions, and other information about our Products and Services. You can choose whether you wish to receive promotional communications from us by email, telephone, physical mail, push notifications, and social media. If you receive promotional communications from us and would like them to stop, you can do so by following the directions in the relevant message.
These choices do not apply to mandatory service communications that are part of certain of our Products and Services, or to surveys or other communications that may have their own unsubscribe method. For that reason, you will still receive certain communications from us after you opt-out of receiving marketing communications.
We may also send marketing communications to Consumers about the services our Customers provide, on behalf of our Customers as part of our Products and Services. Additionally, our Customers may have the ability to market to current and prospective Consumers directly. If you receive marketing communications from our Customers, please contact them if you have any questions.
Our third-party analytics and advertising partners typically provide options to opt-out of certain data collection or use. See the Cookie Notice for more details.
Depending on your jurisdiction, you may have certain rights with respect to your Personal Data:
To make such requests, contact us at [email protected] or as stated in the 11. Questions section below.
However, to the extent permitted by applicable law, we reserve the right to decline requests that are unreasonable, excessive, prohibited by law, could adversely affect the privacy or other rights of another person, if we are unable to authenticate you as the person to whom the data relates, or if we are otherwise permitted to decline such requests in accordance with applicable law. Depending on where you are located, you may also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
In certain jurisdictions, a person authorized to act on your behalf may make a verifiable request related to your Personal Data. If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent with such permission.
Your verifiable request must: (i) provide sufficient information (e.g., name, address, phone number, and/or email address) that allows us to reasonably verify that you are the person about whom we collected Personal Data or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Prior to complying with your request, we will need to verify your identity. Our verification procedure may differ depending on whether you have a registered account, the sensitivity of the Personal Data, and the risk of harm to you by unauthorized disclosure or deletion as applicable. If you are a Consumer and we are processing Personal Data on behalf of our Customer as a data processor (for example, when processing data about your services with our Customer), you should direct your request to the appropriate Customer or to [email protected]. Depending on where you are located you may also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
We rely on different lawful bases for collecting and processing Personal Data about you, for example, with your consent and/or as necessary to provide the Products and Services you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
We retain Personal Data for as long as necessary to provide the Product and Services and fulfill the transactions and the Product and Services our Customers and Consumers have requested, or for other essential purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different Personal Data types in the context of different Product and Services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the Personal Data, the availability of automated controls that enable users to delete Personal Data, and our legal or contractual obligations.
If you are a Consumer receiving services from a Customer, you may direct questions about the Customer’s retention of your Personal Data to them or to [email protected] or as stated in the 11. Questions section below.
The Personal Data we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers maintain facilities. Currently, we primarily use data centers in the European Union, United Kingdom, United States, Canada, Australia, and New Zealand. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem.
We take steps designed to ensure that the data we collect under this Privacy Notice is processed according to the provisions of this Privacy Notice and applicable law wherever the data is located.
We transfer Personal Data from the European Economic Area, United Kingdom, and Switzerland to other countries (including the USA), some of which have not been determined by the European Commission to have an adequate level of data protection. When we do so, we use a variety of legal mechanisms, including contracts where appropriate, to help ensure your rights and protections.
To learn more about the European Commission’s decisions on the adequacy of Personal Data protections, please visit: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en.
The security of your Personal Data is important to us. We take reasonable and appropriate steps to help protect Personal Data from unauthorized access, use, disclosure, alteration, and destruction.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We will update this Privacy Notice when necessary to reflect changes in our Services, how we process Personal Data, or the applicable law. When we post changes to this Privacy Notice, we will change the “last updated” date at the beginning of this Privacy Notice.
If we make material changes to this Privacy Notice, we will provide notice regarding such changes, and take such other actions as may be required by law.
Any questions, concerns, or complaints for Xplor or about this Privacy Notice should be addressed to [email protected] or by mail to Xplor at 11330 Olive Blvd., Suite 200, Creve Coeur, MO 63141, USA.
If you are a California resident and the processing of Personal Data about you is subject to the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA/CPRA”), you have certain rights with respect to that information. You have a right to receive notice of our practices at or before collection of Personal Data, and we do not discriminate against individuals who exercise any of their rights described in this Privacy Notice. However, we may require the use of your Personal Data to provide access to the Products and Services. Therefore, when you exercise your deletion right, in particular, as well as other rights, you may lose access to certain aspects of the Products and Services that require your Personal Data.
You have a right to request that we disclose to you the Personal Data we have collected about you. You also have a right to request additional information about our collection, use, disclosure, sale or sharing (as defined by the CPRA) of such Personal Data.
Note that we have provided much of this information in this Privacy Notice. You may make such a ‘request to know’ by contacting us at [email protected] or as stated in the 11. Questions section. If you are a Consumer and we are processing your Personal Data on behalf of our Customer as a service provider, you should direct your request to the appropriate Customer or to [email protected].
You have a right to request that we delete Personal Data under certain circumstances, subject to a number of exceptions. To make a request to delete, contact us at [email protected] or as stated in the 11. Questions section. If you are a Consumer and we are processing your Personal Data on behalf of our Customer as a service provider, you should direct your request to the appropriate Customer or to [email protected].
You have a right to request that we correct inaccuracies in the Personal Data we maintain about you under certain circumstances. To make a request for correction, contact us at [email protected] or as stated in the 11. Questions section. If you are a Consumer and we are processing your Personal Data on behalf of our Customer as a service provider, you should direct your request to the appropriate Customer or to [email protected].
You have a right to opt-out from future ‘sales’ of Personal Data and from future ‘sharing’ of Personal Data for cross-contextual behavioral advertising. Please note the following:
Additionally, under California Civil Code § 1798.83, also known as the ‘Shine the Light’ law, California residents who have provided Personal Data to a business with which the resident has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed Personal Data to any third parties for the third parties’ direct marketing purposes.
Please be aware that we do not disclose Personal Data to any third parties for their direct marketing purposes as defined by this law.
California Customers may request further information about our compliance with this law by e-mailing [email protected] or as stated in the 11. Questions section. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated e-mail address.