Xenia Platform Inc., a Delaware corporation (“Xenia”), and its affiliates (“we” or “us”) are in the business of, among other things, providing software as a service and other services (the “Services”) by, among other means, mobile applications (the “Applications”) and websites at, among other locations, www.xenia.team (the “Websites”). When availing themselves of the Services, our customers (each, a “Customer”) and employees, independent contractors, and other individuals our Customers authorize or direct to download, install, access, or use the Applications, access or use the Websites, or register for or use the Services in their name or on their behalf (each, a “User”), will as a matter of course input electronic data into and transmit it through our systems (“Customer Data”). Customer Data may include information about a Customer or User (in either case, “you”) or others (“Third Persons”) by which you or such Third Persons may be personally identified, such as name, postal address, email address, telephone number, birth date, photographs, or company title, position, business unit, or compensation and benefits (“Personal Information”).
We take privacy seriously and are committed to protecting the privacy of Customers, Users, and Third Persons through compliance with this policy (our “Privacy Policy”). Our Privacy Policy describes:
· The types of information we may collect or that you may input, upload, provide, or share when you download, install, access, or use the Applications, access or use the Websites, or register for or use the Services.
· Our practices for collecting, storing, maintaining, protecting, using, and disclosing that information.
This policy applies only to information we collect in connection with your access to and use of the Applications, the Websites, and the Services, and in email, text, and other electronic communications sent through or in connection with the Applications, the Websites, and the Services.
This policy DOES NOT apply to information that:
· We collect offline or on any other applications or websites we own or control, including websites you may access through the Applications.
· You provide to or is collected by any third party (see Third-Party Information Collection).
Our other applications and websites and those of third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, install, access, or use the Applications, do not access or use the Websites or the Services, and do not create a user account (an “Account”) or subscription (a “Subscription”) on or through the Applications, the Websites, or the Services. By downloading, installing, accessing, or using the Applications, creating an Account or Subscription, or accessing or using the Services or the Websites, you agree to our Privacy Policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued access or use of the Applications, the Websites, or the Services after we revise our Privacy Policy means you accept those changes, so please check our Privacy Policy periodically for updates.
Also please read the customer and user terms of service for the Applications, the Websites, and the Services (the “Terms of Service”) carefully, as the Terms of Service contain additional important information about your relationship with us in respect of the Applications, the Websites, and the Services and your Account and Subscriptions, if any.
None of the Applications, the Websites, or the Services are intended for children, minors, or other individuals under eighteen years of age or the age of majority in your jurisdiction, whichever is older, and we do not knowingly target or market the Applications, the Websites, and the Services to or collect Personal Information from children, minors, or other individuals under eighteen. If you are under eighteen years of age or the age of majority in your jurisdiction, whichever is older, please DO NOT download, install, access, or use the Applications, create an Account or Subscription, or access or use the Websites or the Services. If we learn we have collected or received Personal Information from a child, minor, or other individual under eighteen, we will delete that information (with the exception of email and IP addresses, which we may retain to prevent that individual from creating a new Account). If you believe we might have any information from or about a child, minor, or other individual under eighteen, please contact us at compliance@xeniaplatform.io.
If you are a Customer, please DO NOT authorize or direct any child, minor, or other individual under eighteen years of age or the age of majority in your jurisdiction to download, install, access, or use the Applications, create an Account or Subscription, or access or use the Websites or the Services in your name or on your behalf.
As the Terms of Service make clear, the Applications, the Websites, and the Services are based in the United States and provided for access and use only by persons located in the United States, Canada, the UAE, the United Kingdom, and the countries that comprise the European Union, and such other countries as we may from time to time specify in our sole discretion. If you download, install, access, or use the Applications or access or use the Websites or the Services from anywhere in the world, your information will be sent to and used in the United States, regardless of the country in which you reside. If you live in a country with data protection laws, our storage and use of your personal data in countries other than yours, while compliant with the data protection laws of the countries where we store and use it, may not provide you with the same protections as you enjoy in your country of residence. Our Privacy Policy explains how we protect your personal data when we transfer it outside your country of residence, so please read it very carefully.
We collect information, including Personal Information, from and about Customers, Users, and Third Persons both directly from you when you provide it to us and automatically when you use the Applications, the Websites, or the Services or create an Account or Subscription.
All transfer and processing of Customer Data that the Applications, the Websites, or the Services perform is done under the direction and control of Customers. We have no direct control or ownership of the Personal Information about Third Persons that we receive or process for Customers. Customers are solely responsible for complying with all applicable laws and regulations that require providing notice or disclosures to or obtaining consent from other persons before transferring information to us for processing purposes.
If you are a User and do not want us to collect this information, we may be unable to provide the Services to our Customer of which you are an employee or independent contractor or to which you are otherwise related. In limited circumstances, you may be able to use a pseudonym. Please direct any requests to do so to the applicable Customer.
When you download, install, access, or use the Applications, create an Account or Subscription, or access or use the Websites or the Services, we may ask you to provide Personal Information about yourself, as well as information that is about you but does not identify you individually, such as username, password, and location.
Information you provide to us could include:
· Information that you provide by filling in forms in the Applications or the Websites, such as when you create an Account or Subscription, upload or post material on or through the Applications, the Websites, or the Services, or request further services from us.
· Records and copies of your correspondence (including email addresses and phone numbers) with us.
· Your responses to surveys that we might ask you to complete for research purposes.
· Details of transactions you carry out through the Applications, the Websites, or the Services.
· Your search queries on or through the Applications, the Websites, or the Services.
When you download, install, access, and use the Applications or access or use the Websites or the Services, we or third parties may use technology to automatically collect:
· Usage Details. When you access and use the Applications, the Websites, or the Services, we may automatically collect certain details of such access and use, including traffic data, location data, datetime stamps, logs, and other communication data and the resources that you access and use on or through the Applications, the Websites, or the Services.
· Device Information. We may collect information about your mobile device or computer and internet connection, including the mobile device’s or computer’s unique device identifier, Internet Protocol (IP) address, operating system, browser type, mobile network information, and the mobile device’s telephone number.
· Stored Information and Files. The Applications, the Websites, or the Services also may access metadata and other information associated with other files stored on your device. This may include, for example, personal contacts and address book information.
· Location Information. The Applications, the Websites, and the Services collect real-time information about the location of your mobile device or computer, including your longitude and latitude and WiFi access points you are near or use.
If you do not want us to collect this information do not download, install, access, or use the Applications and delete it from any mobile device on which you installed it, and do not access or use the Websites or the Services. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information. Note, however, that opting out of the Applications’, the Websites’, or the Services’ collection of location information will disable its location-based features.
The technologies we use for automatic information collection may include:
· Cookies (or Mobile Cookies). A cookie is a small file placed on your mobile device or computer to record information about your access to and use of the Applications, the Websites, or the Services, and recognize you and your preferences each time you do so. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device or computer. If you do so, though, you may not be able to access all of the features and functionality that the Applications, the Websites, or the Services offer.
· Web Beacons. Pages of the Applications, the Websites, and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related application statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
You may be able to “opt out” of the collection and use of information through cookies, web beacons, or other information collection and tracking technologies by actively managing the settings on your browser or mobile device. We do not, however, honor “Do Not Track” signals from your browser.
When you access or use the Applications, the Websites, or the Services or its content, certain third parties may use automatic information collection technologies, including cookies and web beacons of their own, to collect information about you or your device or computer. These third parties may include:
· Services providers whose services are integrated into the Services.
· Analytics companies.
· Your mobile device manufacturer.
· Your mobile service provider.
Without limiting the generality of the immediately preceding paragraph, please note that the Services incorporate and use certain services of the following third-party service providers:
· Stream.IO, Inc. (chat messaging).
· Stytch, Inc. (onboarding and authentication).
· Cumul.io (customer dashboard).
· AG Grid Ltd. (datagrid).
These third parties may use tracking technologies to collect information about you when you use the Applications, the Websites, or the Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We may not know about and have no ability to influence or control what information collection technologies these third parties use or how they use the information they collect. Our Privacy Policy does not cover any such third-party information collection technologies or usages of information about you. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. We encourage you to read such third parties’ privacy policies (including those of the services providers whose services are integrated in the Services accessible through the links embedded earlier in this section) to find out more about the information they may collect about you and the choices you have regarding their collection, use, and sharing of such information.
We use information that we collect about you or that you provide to us, including any Personal Information, to:
· Verify your identity.
· Offer and provide you with the Applications, the Websites, and the Services and their contents, and any other information, products, or services that you request from us.
· Fulfill any other purpose for which you provide it.
· Give you notices or otherwise communicate with you about your Account and Subscription, including expiration and renewal notices.
· Prevent or resolve service or technical issues and respond to support requests.
· Respond to valid Customer requests and instructions.
· Satisfy our obligations and enforce our rights under any contracts entered into between you and us, including the Terms of Service, and for billing and collection.
· Detect and investigate fraud and other illegal or inappropriate behavior engaged in on or through the Applications, the Websites, or the Services.
· Notify you when updates of the Applications, the Websites, or the Services are available, and of changes to any products or services we offer or provide through the Applications, the Websites, or the Services.
By using the Applications, the Websites, or the Services, you agree that we can access, aggregate, and use data we have collected from you so long as such access, aggregation, and use does not identify you personally. The usage information we collect and data we aggregate helps us to improve the Applications, the Websites, and the Services and to deliver a better and more personalized experience by enabling us to:
· Better understand how our Customers and Users are using the Applications, the Websites, and the Services.
· Create useful business insights from aggregated data, allowing our Customer’s to benchmark their business’s performance against that aggregated data.
· Store information about your preferences, allowing us to customize the Applications, the Websites, and the Services according to your specific purposes.
· Speed up your searches.
· Recognize you when you use the Applications, the Websites, or the Services.
· Otherwise improve the Applications, the Websites, and the Services.
We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your Account profile or request that we remove you from any of our applicable marketing email lists by following the instructions for doing so in any marketing email you may receive from us or by email sent to compliance@xeniaplatform.io. For more information, see Your Choices About Our Collection, Use, and Disclosure of Your Information.
We do not sell any collected Personal Information. Personal Information that we collect as a result of your visiting our website or using our product and services in any form, is only processed for that purpose or any other purpose that you consent to us.
If you are a User, as noted below, we may disclose Personal Information and other information that we collect about you or that you provide us to the Customer of which you are an employee or independent contractor or to which you are otherwise related. How that Customer uses your Personal Information and other information will be subject to that Customer’s internal policies, which will govern how that Customer uses such information, including any disclosure to third parties. That Customer is solely responsible for its access to and use and disclosure of your Personal Information and other information and your sole recourse for any improper access, use, or disclosure of such information is against that Customer.
We may disclose aggregated information about our Customers and Users, and information that does not identify any individual or device or computer, without restriction.
We may disclose Personal Information and other information that we collect about a User or that a User provides us to the Customer of which such User is an employee or independent contractor or to which such Unser is otherwise related.
Finally, we may disclose Personal Information and other information that we collect about you or that you provide us:
· With your consent.
· To our subsidiaries and affiliates.
· To contractors, service providers, moderators, and other third parties we use to support our business.
· To payment processors and telecommunications companies to facilitate your payments for Subscriptions.
· To fulfill the purpose for which you provide it.
· For any other purpose we disclose when you provide the information.
· To address fraud, security, or technical issues. For example, disclosure of information to anti-spam service providers to protect the Applications, the Websites, and the Services from criminal activity.
· To comply with any court order, law, or legal process, including to respond to any government or regulatory request or enforcement inquiries, whether from within or outside your jurisdiction of residence.
· To enforce our rights under any contracts entered into between you and us, including the Terms of Service, and for billing and collection.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Xenia’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Xenia about its Customers and Users is among the assets transferred.
· If we believe disclosure is necessary, appropriate, or desirable to protect the rights (including intellectual property rights), property, or safety of Xenia, our other Customers or Users, or other persons.
All Xenia personnel who have access to your Personal Information are legally bound not to disclose it and may only use it for purposes incidental to undertaking their duties as a Xenia employee, independent contractor, or service provider.
We strive to provide you with choices regarding the Personal Information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
· Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You can choose whether or not to allow the Applications, the Websites, or the Services to collect information through other tracking technologies by changing the tracking settings that your web browsers and devices and computers provide. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Applications, the Websites, or the Services may then be inaccessible or not function properly.
· Location Information. You can choose whether or not to allow the Applications, the Websites, or the Services to collect and use real-time information about your device’s or computer’s location through the device’s or computer’s privacy settings. If you block the use of location information, some parts of the Applications, the Websites, or the Services may become inaccessible or not function properly.
California, Canada, and European Union or United Kingdom residents may have additional Personal Information rights and choices. Please see Your California Privacy Rights, Your Canada Privacy Rights, or Your EU and UK Privacy Rights for more information.
You can review and change your Personal Information or delete your Account through your Account profile page.
You may also send us an email at compliance@xeniaplatform.io to request access to, correct, or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user Account.
We will process your request as soon as reasonably practicable, or within a reasonable timeframe, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to satisfy your request, we will let you know why. For example, it may be necessary for us to deny your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process your request in the manner you have requested. We also may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. In some circumstances, it may be necessary for us to seek to arrange access to your Personal Information through a mutually agreed intermediary (for example, a related Customer).
You as the data subject are entitled to extensive rights which you can assert against us. Upon request, we will inform you in writing, in accordance with the applicable statutory provisions, whether and, if so, which personal data we have stored about you. You can inspect your personal data at any time and free of charge and demand its correction, deletion, or blocking. For any such purpose or to obtain further information, please contact us at compliance@xeniaplatform.io.
California, Canada, and European Union or United Kingdom residents may have additional Personal Information access and correction rights. Please see Your California Privacy Rights, Your Canada Privacy Rights, or Your EU and UK Privacy Rights for more information.
If you are a California resident, you have the following rights under the California Consumer Privacy Act, and you have the right to be free from unlawful discrimination for exercising your rights under the California Consumer Privacy Act:
· You have the right to request that we disclose certain information to you and explain how we have collected, used, and shared your Personal Information over the past twelve months.
· You have the right to request that we delete your Personal Information that we collected from you, subject to certain exceptions.
California’s “Shine the Light” law (Civil Code § 1798.83) permits users of the Applications, the Websites, and the Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request (a “California Privacy Rights Request”), please send an email to compliance@xeniaplatform.io or letter to Xenia Platform Inc., 400 NW 26th Street, Miami, Florida 33127. For each California Privacy Rights Request you submit, please start the subject line “My California Privacy Rights” and clearly and concisely state your full legal name, country of citizenship, principal residential address, and email address, the nature of your request, that your request relates to your rights as referenced in the “Your California Private Rights” portion of our Privacy Policy, and whether you would prefer a response to your request by mail or email. If you send a California Privacy Rights Request by mail, then please do so by United States Certified Mail, Return Receipt Requested to allow for appropriate tracking of mailing and delivery. We will not accept a California Privacy Rights Request by any other means, including by telephone, and are not responsible for a California Privacy Rights Request that is incomplete or incorrectly labeled or sent.
If you are a Canada resident, then pursuant to Principle 9 of Canada’s Model Code for the Protection of Personal Information you have the right to request from us information about the existence, use, and disclosure of your Personal Information and access to it. You are further entitled to challenge the accuracy and completeness of your Personal Information and have it modified or supplemented as appropriate. Specifically, you are entitled to obtain free of charge information from us regarding whether or not we have any of your Personal Information, an account of the use that has been made of that information, and an account of the third parties to which it has been disclosed.
To make such a request (a “Canada Privacy Rights Request”), please send an email to compliance@xeniaplatform.io or letter to Xenia Platform Inc., 400 NW 26th Street, Miami, Florida 33127. For each Canada Privacy Rights Request you submit, please start the subject line “My Canada Privacy Rights” and clearly and concisely state your full legal name, country of citizenship, principal residential address, and email address, the nature of your request, that your request relates to your rights as referenced in the “Your Canada Private Rights” portion of our Privacy Policy, and whether you would prefer a response to your request by mail or email. If you send a Canada Privacy Rights Request by mail, then please do so by United States Certified Mail, Return Receipt Requested to allow for appropriate tracking of mailing and delivery. We will not accept a Canada Privacy Rights Request by any other means, including by telephone, and are not responsible for a Canada Privacy Rights Request that is incomplete or incorrectly labeled or sent.
If you are a European Union or United Kingdom resident, then under European Union and United Kingdom data protection laws, as applicable, we are only permitted to use your data where we have a lawful basis to do so. We believe that we have a lawful basis to use the data we collect about you in connection with your access to and use of the Applications, the Websites, and the Services as detailed in our Privacy Policy.
However, if you are a European Union or United Kingdom resident and you believe that our collection or use of your data is inconsistent with applicable European Union or United Kingdom data protection laws, you have the right to lodge a complaint with data protection regulators. The Information Commissioners’ Office (the “ICO”) is the United Kingdom’s lead regulator. If you are a United Kingdom resident, you can find out how to raise a concern with the ICO by visiting the ICO’s website. If you are a European Union resident, you can obtain comparable information from your local data protection regulator.
European Union residents have a number of rights under the European Union’s data protection laws as detailed below. These rights apply to all of our European Union resident users:
· Right to be informed. You have a right to know what personal data about you we process and why. We provide that information to you in our Privacy Policy.
· Right of access. You can request a copy of your data.
· Right of rectification. If the data we hold about you is inaccurate, you have the right to have it corrected.
· Right to erasure. You have the right to have your data deleted in certain circumstances.
· Right to restrict processing. In limited circumstances, you have the right to request that we stop processing your data but retain it.
· Right to data portability. You can request a copy of your data in a machine-readable form that can be transferred to another provider.
· Right to object. In certain circumstances, including where we process data on the basis of legitimate interests or for purposes of marketing, you may object to that processing.
· Rights related to automated decision-making including profiling. You have several rights with respect to data processing we carry out on a solely automated basis results in a decision that has legal or significant effects for you. In these circumstances your rights include the right to ensure that there is human intervention in the decision-making process.
Through your access to and use of the Applications, the Websites, and the Services, you may provide us information, including Personal Information, about your employees, independent contractors, or other personnel, if you are a Customer, or other persons, if you are a User. In either case, you are an “Information Provider”. You, as an Information Provider, must have full legal authority to provide us that information for our collection, storage, use, and disclosure in accordance with our Privacy Policy. By providing it to us, you represent to us that you do in fact have such full legal authority and that we may collect, store, use, and disclose all such information in accordance with our Privacy Policy without taking any further steps that any applicable data protection or privacy law or regulation may impose.
Accordingly, to the extent any applicable law or regulation may require, you, as an Information Provider, must take reasonable steps to ensure the individual concerned is aware of and consents to the various matters our Privacy Policy entails, including the fact that such individual’s Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, our identity, and how to contact us. You, as an Information Provider, are solely responsible for ensuring that any information you provide us about any other person is accurate, complete, and up to date. If we request that you do so, you agree to assist us with any request that any such individual may make to access or update such individual’s Personal Information that may then be in our possession or under our control as a result of your access to or use of the Applications, the Websites, or the Services.
We take measures designed to protect Personal Information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction, such as the use of firewalls, password protection, secure socket layer, encryption, and other security measures. We will only keep your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We may also retain and use your Personal Information for as long as necessary to resolve disputes, enforce our rights, or both. Where we rely on your consent to process your Personal Information, you have the right to decline consent or, if provided, to withdraw consent at any time. This will not affect the lawfulness of processing prior to the withdrawal of your consent. Additionally, in some circumstances you can ask us to delete your Personal Information.
We limit access to Personal Information to our employees, agents, contractors, and other third parties who have a business need to know. They will only process Personal Information on our instructions and they are subject to a duty of confidentiality. We have implemented procedures to handle any suspected Personal Information breach and will notify you and any applicable regulator of a breach as legally required.
Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. To protect the confidentiality of information maintained in your account, you must keep your Access Means (as defined in the Terms of Service) confidential and not disclose any element or your Access Means to any other person. You are responsible for all uses of the Services by any person using your Access Means. Please advise us immediately by contacting us as at compliance@xeniaplatform.io if you believe your Access Means have been compromised or misused or if you suspect any other security breach.
We store your personal data for as long as is necessary for the purpose for which it was collected or for fulfilling our legal obligations, such as statutory retention periods. The data will be deleted at the latest within one month after the respective purpose no longer applies.
To ask questions or comment about our Privacy Policy and privacy practices, contact us at compliance@xeniaplatform.io.
We may update our Privacy Policy at any time and from time to time in our sole discretion. If we make material changes to how we treat Customer, User, or Third Person Personal Information or other information, we will post the new Privacy Policy on this page and, in our sole discretion, notify you by email or text message to the primary email address or phone number specified in your Account profile. By continuing to access or use the Applications, the Websites, or the Services after we post a new Privacy Policy with changes on this page, you agree to be bound by the new Privacy Policy as so changed.
The date the privacy policy was last modified is specified below under Effective Date. You are responsible for ensuring we have an up-to-date active and deliverable email address and phone number for you and for periodically visiting our Privacy Policy to check for any changes.
We adopted and implemented this Version 1.6 of our Privacy Policy on, and effective as of, October 31, 2022. This Version 1.6 of our Privacy Policy amends, restates, and replaces in their entirety all previous versions of our privacy policy.
