Xplenty's Privacy Policy

Privacy Statement

Xplenty Ltd. And Xplenty Inc. ("Xplenty") has a strong commitment to protect the privacy and the information of the visitors of its Website (“Visitor”), users of the Services (“User”) or as an end user of such User (Visitor, User and end user’s user collectively referred herein as "You"). Your privacy is very important to Xplenty, and therefore, Xplenty is committed to respect Your privacy and the confidentiality of Your information.

This privacy policy statement ("Privacy Policy") aims to ensure the protection of Your privacy, and also to assist You in understanding how Xplenty treats Your information while using the services offered by Xplenty. Such services include a website – www.xplenty.com ("Website"), a "software as service" (SaaS) application, made available through the Website ("Application"), widgets and other features or content and/or any support, maintenance and other professional services, as now offered and/or may be offered in the future by Xplenty, in connection with the Website or the Application (collectively referred as "Services"). This Privacy Policy includes and incorporates by reference Xplenty Terms of Service, as amended from time to time ("TOS").

Acceptance of Policy

Please read this Privacy Policy carefully before using any of the Services. Please be aware that by using any of the Services, You accept this Privacy Policy and agree to be bound thereby. If You do not agree to any of the provisions in this Privacy Policy, please do not use any of the Services.

If You intend to use any of the Services, this Privacy Policy should be read together with the Xplenty Terms of Services ("Terms of Services"), and together they constitute the entire agreement between You and Xplenty. By accessing and using the Services, You agree to be bound by the terms of this Privacy Policy which is incorporated into the TOS. If You are acting on behalf of an organization and/or a company and/or any registered or unregistered entity (together, "Organization"), You represent that you are authorized to act on behalf of such Organization and that Your acceptance of this Privacy Policy creates a legally enforceable obligation of the Organization. As used herein, "You" and "Your" refer to you and any Organization on behalf of which You are acting.

Scope of Privacy Statement

This Privacy Policy describes how Xplenty collects and treats Your information while You are using the Services. Please note that this Privacy Policy does not apply to any use and/or collection of information by third parties or linked sites, which Xplenty does not control, own or manage, as further described in the "Disclaimer Regarding third parties or Linked Sites" paragraph below.

For the purposes of this Privacy Policy, "Personally Identifying Information" shall mean information which is identifiable to You, including, inter alia, name, e-mail, address, phone number, financial information (such as Payment Method), etc. This, whether provided by User or Visitor during the use of the Website or the Services and/or in the course of the registration process to the Services, per Your request and upon Your explicit consent. "Non Personal Usage Information" shall mean information regarding the use of the Services which does not enable identification of an individual user.

Changes of the Privacy Policy

Xplenty reserves the right to change, add to, delete portion of or otherwise modify this Privacy Policy, from time to time, at its sole discretion. Posting the modified Privacy Policy on the Website will give effect to its revised terms within 10 days as of such posting, unless earlier accepted by You. Thereafter any continuing use of the Services by You will constitute Your expressed agreement to abide by the revised terms.

Non-Personal Usage Information Gathered Using the Services

The primary purpose of Xplenty in collecting information is to provide You with a safe, efficient, and customized experience. Accordingly, Xplenty may collect Non-Personal Usage Information of its users in order to ensure the quality of the Services and enrich the offerings of Services available to the users, and also to continuously improve the performance of the Services as described below.

Xplenty may collect, including by using third parties' web analytics services, aggregated Non-Personal Usage Information about the time, type and manner of use of the Services. This information may include, inter alia, information regarding the IP Address and Geo-IP parameters, non-personal usage statistics (e.g. time of usages, number of clicks on each link, etc.), crash reports, information regarding Your browsing history and web activities, and other information regarding the use of the Services. Xplenty may use such information to understand how its users use the Services, to analyze retention, to ensure that the Services are up to date, to provide automatic updates of new versions of its Services, to improve the Services and enhance the experience of Xplenty's Users and Visitors.

Personally Identifying Information Gathered Using the Services

XPLENTY WILL NOT COLLECT ANY PERSONALLY IDENTIFYING INFORMATION, EXCEPT WHEN SUCH INFORMATION IS VOLUNTARY PROVIDED BY YOU DURING YOUR USE OF THE SERVICES (WHETHER IN THE COURSE OF REGISTRATION PROCESS OR OTHERWISE), PER YOUR REQUEST AND UPON YOUR EXPLICIT CONSENT.

In the process of registration to the Services, You shall be required to provide certain Personally Identifying Information, including, but not limited to, first and last name, e-mail address, phone number, as well as the name, number, credentials to third party websites or applications from which you would like Xplenty to read/write data from/to as well as other basic information of the Organization on behalf of which You are acting and/or other Identifying Information as Xplenty deems advisable. In the course of the registration process You will also be required to provide financial information such as credit card or other payment method accepted by Xplenty. It is Your choice whether to provide any of the aforesaid Personally Identifying Information. However, please be aware that if You choose not to do so, You may not be able to complete the registration process and/or to use the Services.

Within the process of registration to the Services as aforesaid, You shall be required to opt-in the option to sign up for Xplenty mailing list for receiving updates, newsletters, or news and notices regarding the Services. If You are not willing to receive such updates, newsletters, or news and notices regarding the Services, do not opt-in the option to sign up for Xplenty mailing list. However, please be aware that if You choose not to do so, You may not be able to complete the registration process and/or to use the Services. If you opt-in such option to sign up for Xplenty mailing list, You may easily remove Yourself from such mailing list by following the instructions provided in the emails received from Xplenty.

Cookies and Clear Gifs Policy

As mentioned above, while providing the Services Xplenty may gather information concerning User or Visitor use of the Services, by using various types of cookies, clear gifs and/or similar technologies. Cookies, which are small text files, stored on User’s or Visitor’s computer, in order to improve the performance of the Services and collect data which enhance the functionality and offering of the Services. Clear gifs are tiny graphics with a unique identifier (but do not retain any Personally Identifiable Information), which are used to count User or Visitor visits/clicks to web pages while using the Services. Third parties' web analytics services, if used by Xplenty as aforesaid, may also use such cookies and clear gifs in order to learn the usage patterns of Xplenty’s users. It is the User’s or Visitor’s choice whether to accept or reject cookies/clear gifs and the User or Visitor can set their browser to reject cookies/clear gifs or to delete such cookies/clear gifs. However, if the User or Visitor choose to reject cookies/clear gifs or delete them, it may limit some of the functionalities available or affect User’s or Visitor’s experience with the Services (partially or completely).

Use of Gathered Information

Xplenty will provide the Services in full compliance with any applicable law. Xplenty may use certain trusted third-party companies and/or individuals to help Xplenty provide, analyze, and improve the Services (including but not limited to, data storage, maintenance services, database management systems, web analytics, and improvement of the Services’ features). These third parties may have access to Your information only for purposes of performing these tasks on Xplenty’s behalf and under obligations similar to those in this Privacy Policy.

You acknowledge and agree that any financial information that You provide to Xplenty such as credit card or other payment method accepted by Xplenty, may be shared by Xplenty with Xplenty's trusted affiliates and/or payment processors and/or credit agencies, solely for the purposes of checking and/or verifying such payment method, effecting payment to Xplenty and servicing Your account. Xplenty shall not be liable for any use or disclosure of such information by such third parties.

Except as described herein, Xplenty will not sell, rent, or otherwise provide any gathered information to any third party. Notwithstanding, Xplenty reserves the right to disclose any gathered information as required by any applicable law and when Xplenty believes that such disclosure is necessary to protect its rights, the integrity of the Services, Xplenty's systems and technology, and/or to comply with a judicial proceeding, court order, or legal process served in connection with the Services.

Additionally, a merger, acquisition, or any other structural change may require us to transfer Your Personal Identifying Information to another entity, provided that the receiving entity will comply with this Privacy Policy.

We may be liable for onward transfers to third parties in violation of the Privacy Shield Principles. For further information, please below the EU-US Privacy Shield chapter of this policy.

Any information gathered by Xplenty is stored by Xplenty, whether in its internal servers and/or by using third party's external servers or cloud services, and is secured by Xplenty as further described in the "Information Security" paragraph below.

Xplenty is not liable for any Customer Data (as such term is defined under the TOS) provided by User, as further described and specifies in the TOS.

Disclosure of Information to Authorities

We may need to disclose Personal Identifying Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements or otherwise as may be required under the applicable law.

Choice

At any time, You may unsubscribe from our mailing lists or newsletters by sending us an opt-out request to: privacy@xplenty.com.

At any time, You may disable Your account as provided in the TOS.

Note that if Your Personal Identifying Information is included in content of one of our Users, You may want to contact the User who provided us access to that content and request that Your Personal Identifying Information is removed.

Except for as provided under the Disclosure of Information to Authorities paragraph above, at any time, You may choose whether Your Personal Identifying Information is (i) to be disclosed to a third party, other than to third parties who act as our agents to perform tasks on our behalf and under our instructions, or (ii) to be used for a purpose that is materially different from the purposes for which it was originally collected, pursuant to this Privacy Policy, or subsequently authorized by You. You may exercise Your choice by contacting us at: privacy@xplenty.com.

We request and collect minimal Personal Identifying Information that we need for the purposes described in the TOS and this Privacy Policy. At any time, You may opt to terminate Your use of the Service in accordance with the provisions set forth in Xplenty's Terms of Service. Thereafter, we will stop collecting any Personal Identifying Information from You. However, we may store and continue using or making available certain Personal Identifying Information that is related to You. For further information, please read the Data Retention section in this Privacy Policy.

Some web browsers offer a "Do Not Track" ("DNT") signal. A DNT signal is an HTTP header field indicating Your preference for tracking Your activities on the Service or through cross-site user tracking. Our Services does not respond to DNT signals.

Your California Privacy Rights

If You are a California resident, California Civil Code Section 1798.83 permits You to request in writing a list of the categories of Personal Identifying Information relating third parties to which Xplenty have disclosed certain categories of Personal Identifying Information during the preceding year for the third parties’ direct marketing purposes. To make such a request, please contact us at: privacy@xplenty.com.

Accessing Your Personal Information

At any time, You may contact us at: privacy@xplenty.com and request to access the Personal Identifying Information that we keep about You.

Under Your right of access, You may obtain confirmation from us of whether we are processing personal data related to You, receive a copy of that data, so that You could verify its accuracy and the lawfulness of its processing, request the correction, amendment, or deletion of the data if it is inaccurate or processed in violation of the applicable law or the Privacy Shield Principles (as further explained below).

We will make good-faith efforts to locate the data that You request to access. Note that we may need to ask You to provide us certain credentials to make sure that You are who You claim You are, and ask You questions to better understand the nature and scope of data that You request to access.

If You find that your Personal Identifying Information on our systems is not accurate, complete or updated, then please provide us the necessary information to correct it.

We may redact from the data which we will make available to You, any Personal Identifying Information related to others.

Data Retention

We retain different types of information for different periods, depending on the purposes for processing the information, our legitimate business purposes as well as pursuant to legal requirements under the applicable law.

For example, we may need to keep the information about the payment transactions that You made for several years due to tax related requirements, accounts settling, record keeping, archiving, and legal issues.

We may keep aggregated non-identifiable information without limitation, and to the extent reasonable we will delete or de-identify potentially identifiable information, when we no longer need to process the information as identifiable information.

In any case, as long as You use the Service, we will keep information about You, unless we are required by law to delete it, or if we decide to remove it at our discretion.

Transfer of Data Outside Your Territory

Xplenty is a web-based service. We may store and process information in various sites throughout the globe, including in sites operated and maintained by cloud based service providers. If You are a resident in a jurisdiction where transfer of Your personal information to another jurisdiction requires Your consent, then You provide us Your express and unambiguous consent to such transfer.

EU-US Privacy Shield

We comply with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries.

We have certified that we adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.

If there is any conflict between this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles will govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/. The Federal Trade Commission (FTC) has jurisdiction over our compliance with the EU-US Privacy Shield Framework.

Information Security

Xplenty is committed to protect the security of its users’ information and takes reasonable measures available to assure information security. However, no method of Internet transmission or electronic storage is 100% secure and Xplenty cannot guarantee its absolute security. By using the Services, You expressly agree that Xplenty will not be liable for any third party action, misuse, abuse, or infringement of data and information security.

Disclaimer Regarding Third Parties' Software and Services or Linked Sites

While using the Services, You may be linked from or to third parties sites. Xplenty is not responsible for any information, content, terms of use, and/or privacy policies at these sites. Xplenty takes a careful notice in choosing its business partners and affiliates and aims to associate only with reliable partners which are committed to users' privacy. However, remember that when You use a link to go from Xplenty's Website and/or Application to another website, this Privacy Policy is no longer in effect. By Your browsing and interacting on any other websites, including websites which have a link on Xplenty's Website and/or Application and/or Services, You are subject to that websites' own rules and policies. Please read over those rules and policies before proceeding.

Without derogating from the forgoing, in order to provide You with the Services, Xplenty may utilize, include in the Services, install in Your machine, distribute to You and/or otherwise make available to You certain third-party software, components, cookies, and/or libraries that are subject to open source license and/or to other third-parties license terms ("Third Party Software"). Without derogating from the generality of the above, as You navigate in Xplenty' Website, certain Third Party Software required for the provision of the Services by Xplenty, may be automatically downloaded to Your machine. IT IS HEREBY CLARIFIED THAT THIS PRIVACY POLICY SHALL NOT APPLY TO ANY THIRD PARTY SOFTWARE AND APPLICABLY, BY USING THE SERVICES YOU ACKNOWLEDGE THAT ANY INFORMATION GATHERED, AGGREGATED, AND/OR USED BY SUCH THIRD PARTY VIA THE THIRD PARTY SOFTWARE IS SUBJECT TO SUCH THIRD PARTY'S RULES AND/OR POLICIES. XPLENTY IS NOT AND SHALL NOT BE HELD RESPONSIBLE WITH RESPECT TO ANY INFORMATION GATHERED AND/OR AGGREGATED AND/OR USED AND/OR MISUSED BY SUCH THIRD PARTY VIA THE THIRD PARTY SOFTWARE AND/OR WITH RESPECT TO ANY NEGLIGENCE AND/OR WILFUL ACT AND/OR DEFAULT ON BEHALF OF SUCH THIRD PARTY.

Dispute Resolution

We do periodical assessments of our data processing and privacy practices, to make sure that we comply with this Privacy Policy, to update the Privacy Policy when needed, and to verify that the Privacy Policy is displayed properly and accessible. If You have any concerns about the way we process Your Personal Identifying Information, You are welcome to contact our privacy team at: privacy@xplenty.com, or write to us at:

Xplenty Inc.
650 California Street
San Francisco, CA 94108
United States

We will look into Your query and make good-faith efforts to resolve any existing or potential dispute with You.

In compliance with the EU-US Privacy Shield Principles, we commit to resolve complaints about Your privacy and our collection or use of Your personal information. European Union individuals with inquiries or complaints regarding this Privacy Policy should first contact our privacy team. Our privacy team's contact details are indicated above.

We have further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to the EU Data Protection Authorities. Please contact the EU Data Protection Authorities for more information and to file a complaint, at no charge. You may find the relevant contact details at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Additionally, if You are an EU data subject, You may invoke binding arbitration in certain cases, as further described in Annex I of the EU-U.S. Privacy Shield Agreement. For further information, please visit the Privacy Shield web site at: www.privacyshield.gov, or contact our privacy team.

Feedback

Xplenty may, from time to time, ask You to provide information regarding Your experience while using the Services, for the purpose of measuring and improving the quality of the Services and the user's experience. This feedback is very important to us, but You are not obligated to provide any information. However, any and all information that You voluntarily choose to provide us in feedback forms, and any survey that You may participate in, shall be used solely and anonymously for the purpose of reviewing the feedback and improving our Services.

Assignment

Xplenty is allowed, at its sole discretion, to assign this Privacy Policy or any of its rights and/or obligations hereunder, to any third party, without giving prior notice and without Your consent. In any event of assignment as aforesaid, all the provisions of this Privacy Policy shall apply, utatis mutandis.

For any additional information regarding this Privacy Policy, please contact: privacy@xplenty.com.