Privacy Policy

 

This Privacy Policy is designed to assist you in understanding how XTools Pro, Inc. (XTools Pro) uses and protects information you provide while using XTools Pro's websites and/or products and services.

By using XTools Pro's services and products or by providing personal information to XTools Pro, you agree with terms and conditions of this Privacy Policy and authorize XTools Pro to collect, use, store, share, and disclose your personal information in the terms expressed below. If you do not agree to be bound by terms and conditions herein, do not use or access XTools Pro’s websites and services.

 

1. Personal and other User Information Used by XTools Pro

If you create an account on XTools Pro’s websites or otherwise use XTools Pro’s services and/or products, we may collect the following information about you:

  • Contact information (name, family name, address, phone (fax) number, mobile phone number, e-mail address, company name, department, position)
  • Electronic identification data (IP-address, cookies, etc.)
  • Information about your usage of and interaction with XTools Pro services and websites
  • Products or services ordered and delivered
  • Correspondence between you and XTools Pro
  • Information regarding your general geographic location derived through your IP address (e.g., your city, state, region). To provide any location-based features XTools Pro may recognize your device and collect, use and share precise location data, including the real-time geographic location of your mobile device.
  • Information in relation to social media (ID, email address, picture)

2. How XTools Pro collects data

We collect the aforementioned categories of personal data in the following ways:

  • We collect data you provide to us (by creating an account, submitting inquiry, registering for free licenses etc.)
  • We receive your personal data from our partners and other companies involved in facilitating your purchasing of XTools Pro’s services and/or products (from our distributors, payment providers, companies purchasing products/services on your behalf and/or in your interests)
  • When you use our website or mobile apps, we collect information via cookies and similar technologies
  • Depending on your social network settings, we may receive information from your social network provider

3. Purposes and legal basis for Using Personal Information by XTools Pro

The primary purpose of collecting personal and other user information is to provide you with safe, smooth, efficient, and customized maintenance services. XTools Pro collects and uses, personal data related to you, as permitted or necessary to:

  • provide technical support, customer support and troubleshoot problems
  • inform you about service/products updates and faults, including email newsletters, custom audience targeting, personalized offers
  • request feedback or participation in on-line surveys with regard to XTools Pro’s software products and services
  • resolve disputes
  • verify your identity
  • perform statistical research in order to customize, estimate, and improve XTools Pro’s software products and websites
  • organize and carry out XTools Pro's marketing or promotional campaigns/offers, contests, games and similar events
  • protect your and XTools Pro's interests, including in particular to enforce XTools Pro’s terms of service and fight against fraud.

We collect, use and store your personal data for the performance of the contract (to provide products and/or services to you), to comply with the legal obligations we are subject to, if necessary for our legitimate interests or the interests of a third party (applicable to the European Economic Area) or on the basis of your consent.

You may withdraw your consent at any time by following the specific instructions or by sending a request to support@xtools.pro in relation to the processing for which you provided your consent. For example, by clicking the unsubscribe link, submitting a request to terminate your account, adjusting your communication preferences in your account (if available) or by changing your smart phone settings (for location data). You may also contact us to withdraw your consent (please see ‘Your Rights’ below).  

If you refuse to provide personal data that we require for the performance of the contract or compliance with a legal obligation, we may not be able to provide all or parts of the products/services you have requested from us.

 

4. Disclosure of Your Personal Information

Except as provided below, XTools Pro shall not sell, rent, trade or otherwise transfer any personal data or communications content to any third party without your explicit permission, unless it is obliged under applicable law or by order of competent authorities. XTools Pro may disclose personal information to respond to legal requirements, to protect XTools Pro's interests, to enforce our policies or to protect anyone's rights, property, or safety. As XTools Pro continues to develop its business, XTools Pro may occasionally sell or buy subsidiaries or business units. In such transactions as well as in the event XTools Pro or substantially all of its assets are acquired by a third party, personal and other information of XTools Pro users will generally be part of the transferred business assets. XTools Pro reserves the right to include your information, collected as asset, in any such transfer to third party.

Without any prior notice, XTools Pro may share your personal information with third parties only in the following circumstances:

  • Processing of your orders. We use payment provider’s services (2Checkout) to process payments for XTools Pro’s services and/or products. Such companies confirm their guaranteed level of data protection for us and have obligations to store and use your personal information in accordance with applicable law regulations, policies, standards and requirements. We may disclose or share your personal data with our licensees, licensors or distributors for the only purpose to supply the product and/or service you ordered. XTools Pro requires such third parties, to comply with all relevant data protection laws and security requirements in relation to your personal information, by way of a written agreement.
  • Providing customer support. We may use services from IT suppliers (Zendesk, Microsoft Corporation) to provide you with fast and effective customer care. All such third parties will be required to adequately safeguard your personal data and only process it in accordance with our instructions.
  • We may provide your personal information to our affiliates or related companies for legitimate business purposes.

5. Your Rights

In accordance with the applicable protection laws you are granted the rights, which include, but not limited to:

  1. Right to access. Your user profile is the information provided by you by registration and is displayed in your personal account at the XTools Pro’s website and in the XTools Pro software products. You may also ask us whether or not we process any of your personal data and, if so, receive access to that data in the form of a copy. When complying with an access request, we will also provide you with additional information, such as the purposes of the processing, the categories of personal data concerned as well as any other information necessary for you to exercise the essence of this right.
  2. Right to rectification. You have the right to have your data rectified in case of inaccuracy or incompleteness. You can change some information about you in your XTools Pro’s personal product account or upon request, we will correct inaccurate personal data about you and, taking into account the purposes of the processing, complete incomplete personal data, which may include the provision of a supplementary statement.
  3. Right to erasure. You also have the right to have your personal data deleted by us and, where possible, any other controller to whom your data has previously been made public by us. You can submit a request to erase your data by clicking “Terminate my account” in your personal account at XTools Pro’s website. Due to the way we maintain certain services, it may take some time before backup copies are erased.
  4. Right to restriction of processing. You have the right to obtain the restriction of the processing of your personal data, which means that we suspend the processing of your data for a certain period of time.
  5. Right to data portability. Your right to data portability entails that you may request us to provide you with your personal data in a structured, commonly used and machine-readable format and to have such data transmitted directly to another controller, where technically feasible. You can download your user profile by clicking “Download my profile data”.
  6. Right to object. You also have the right to object to the processing of your personal data, which means you may request us to no longer process your personal data. This only applies in case the “legitimate interests” ground (including profiling) constitutes the legal basis for processing.

At any time and free of charge you can object to direct marketing purposes in case your personal data are processed for such purposes by clicking Unsubscribe link. In case you exercise this right, we will no longer process your personal data for such purposes.

There may be situations where we are entitled to deny or restrict your rights as described above. In any case, we will carefully assess whether such an exemption applies and inform you accordingly. Also we may, for example, deny your request for access when necessary to protect the rights and freedoms of other individuals or refuse to delete your personal data in case the processing of such data is necessary for compliance with legal obligations. The right to data portability, for example, does not apply in case the personal data was not provided by you or if we process the data not on the basis of your consent or for the performance of a contract.

When you would like to exercise your rights, all you have to do is send your request to support@xtools.pro. You may also contact us at the following address:

XTools Pro, Inc.
333 W Maude Ave #207
Sunnyvale, CA 94085 USA

You can also contact us if you have any questions, remarks or complaints in relation to this privacy policy. However, if you have unresolved concerns you also have the right to complain to corresponding Supervisory authority in accordance with the applicable legislation.

 

6. International Transfer of Your Personal Information

We may transfer your personal data to countries other than your country of residence (including countries outside the European Economic Area) in accordance with the applicable law. The transfer of Personal Data collected within EU or Switzerland to the US is carried out according to the EU - U.S. and Swiss - U.S. Privacy Shield. In particular, personal data is transferred to services that self-certify under the Privacy Shield framework and therefore guarantee an adequate level of protection of such transferred data. Personal data may be transferred from within the EU or Switzerland to the U.S. to services that are not, or not anymore, part of Privacy Shield, only based on other valid legal grounds.

In other cases, we will ensure that there is a legal basis for the international transfer of your personal information and adequate safeguards are in place to comply with the requirements for such transfer in accordance with the applicable privacy laws. For transfers of personal data outside the European Economic Area, we may also use Commission approved Standard Contractual Clauses as safeguards.

We may also be required to disclose your personal data to foreign public or government authorities.

 

7. Children’s Personal Information

We do not knowingly collect any personal information from children. If you have reason to believe that a child has provided personal information to us, please contact us at support@xtools.pro, and we will use commercially reasonable efforts to delete that information.

 

8. Linked Websites and Third Party Applications

XTools Pro's website may contain links that let you leave XTools Pro's website and access other websites. These linked websites are not under the control of XTools Pro and as such they may have different Privacy Policy. The Privacy Policy applies solely to personal and other information acquired on websites or during your use of XTools Pro software products and/or your relationship with XTools Pro, so XTools Pro highly recommends being careful when publishing any information online. XTools Pro accepts no responsibility or liability for these other websites.

 

9. Privacy of Your Personal Information

XTools Pro shall take appropriate organizational and technical measures to protect data provided to it or collected by it with due observance of the applicable obligations and exceptions under the relevant legislation. Your personal and user profile data can only be accessed by authorized XTools Pro employees or consultants or concerned XTools Pro group entities that need to have access to this data to be able to fulfill their given duties.

 

10. Contacting You

XTools Pro may from time to time ask you to provide information on your user experience, which will be used to estimate XTools Pro’s software products usability and thereby improve and enhance XTools Pro's products and services only. You are at no time under any obligation to provide such data. All information, which is voluntarily submitted in feedback forms published on website, or in any survey you agreed to take part in is used for informative purposes to further improve XTools Pro software products, website, and services.

XTools Pro may also use email or some another electronic communication, or XTools Pro software to keep you timely informed about XTools Pro software products that you have purchased and/or to send you XTools Pro newsletters, special offers, tutorials and other XTools Pro related information. You can unsubscribe of XTools Pro promotional emails and messages by clicking the 'unsubscribe' link in the received email or in your account page at XTools Pro’s websites. Upon your unsubscription you will keep receiving automated messages related to product licenses, maintenance and subscription.

 

11. Modification of the Privacy Policy

XTools Pro reserves the right to modify the provisions of this Privacy Policy (XTools Pro’s Websites list including) if deemed necessary. We will inform you of these changes by email notification (if available) and publishing the revised Privacy Policy at the XTools Pro’s websites. The revised Privacy Policy shall become effective immediately upon posting of the modified version. You agree that the express acceptance by you, or your continued use of XTools Pro services, and/or websites after posting of the revised Privacy Policy shall constitute your acceptance of the Privacy Policy.

 

12. Retention Time of Your Personal Data at XTools Pro

XTools Pro will retain your personal information for as long as is necessary to: (1) fulfill any of the XTools Pro’s purposes or tasks (as defined in article 2 of this Privacy Policy) or (2) comply with applicable legislation, regulatory requests and relevant orders from competent courts.

 

XTools Pro’s Websites list:

https://xtools.pro

and the other websites related to XTools Pro, Inc. company.

 

© XTools Pro, Inc.
Last update: 13 of June 2018