Privacy Notice
This privacy notice ("Notice") is issued by Xplanis AG ("Company" or "we, us, our") and is addressed to those individuals (“you” or “your”) whose Personal Data, as Data Subjects, we Process as part of our business operations. Other capitalised terms used in this Notice have the meanings defined in Appendix 1.
We are committed to protecting the privacy and security of your Personal Data. This Notice describes how we collect and use Personal Data for each of the audiences listed in section 2 below and sets out how we Process such Personal Data in accordance with Data Privacy Laws.
Please note that we and our affiliate companies may issue other privacy notices which relate to our Processing of Personal Data in specific situations – please refer to the relevant notice as issued to you from time to time.
1. About us
This Notice is given by the Company with its registered office is at Zentweg 7, 3006 Bern, Switzerland.
We can be contacted by post at this address or by email at office@xplanis.com.
We act as the Data Controller for certain Personal Data collected in relation to this website and the platforms we operate, including but not restricted to X4fleet.
2. What information do we collect
This Notice relates to a range of data Processing activities undertaken by the Company. Most of the information we collect is information provided directly by you. This may include:
- contact information – information such as name, job title, company name, department, email address, physical mailing address, telephone number, user name;
- professional information – job description and related information such as job function ort he position to which a job function reports within the company; company details, like size or number of employees; professional or trade publicationsto which you subscribe and related trainings attended;
- account registration data – to register for an X4fleet User Account, which is required of certain products and services, we will collect your contact information(including a unique username), certain professional information, and a unique password, which may be paired with an activation code specific to the license(s) you’ve purchased;
- license fulfillment and verification information – for certain products and services, we may collect and pair a device ID together with your Xplanis User Account or registered email address in order to manage active licenses assigned to your account; license verification may require us to compare this device ID and account data against active licenses using an internet connection to your device, both at activation and as part of a regular refresh function for subscription-based licenses (more details can be found in the Terms and Conditions and product descriptions for individual products and services);
- information related to providing support for our products- when you contact us for support related to the services, you may provide us your contact information, device or product IDs, and logs of your use of the licensed product (which may include IP address and/or other device identifiers, location data, and usage data pertaining to when and how you use the product)
- data analytics – when you use our products, certain deidentified analytics data, such as feature usage, license usage information, and error information, may be communicated back to us for product improvement purposes; for some products, you will need to expressly opt-in to collection of analytics data in order to receive additional offerings, such as insights into your usage of licensed products and to assist with troubleshooting for customer support.
We may also collect and process information obtained through the Site or the device you are using, including:
- location information (including GPS signals sent by a mobile device, location information gathered from social media networks or sensor or IP address data from your device);
- information from cookies, web beacons or from the internet, including your IP address, browser type, operating system, domain name, access times, which pages you visit within our website and referring website addresses;
- using Third-Party Services e-mail servers to send and track receipt of communications, and analyze the pattern of those communications for trust and security purposes as well as to gather data, such as enquiry data, to assist us in better understanding our business: and
- other Information when submitted to the Site or in other ways, such as responses or opinions you provide if you participate in a focus group, contest, activity or event, feedback you provide about our products or services, information you provide if you apply for a job with Xplanis, request support, interact with our social media accounts or otherwise communicate with Xplanis.
Finally, we may use publicly accessible information to verify information we are provided with and to manage and expand our business.
3. How we process your personal data
We process information collected about you as outlined in this Privacy Notice and in accordance with your instructions. Xplanis is a processor of Customer Data and/or Personal Data and you are the controller. Our primary purpose in collecting Personal Data is to provide you with the services you requested and those which we believe will optimize your use of the Site and our Services. We may use Personal Data for the following purposes:
- toprovide the information, services or support your request and related after-sales services;
- to identify you, and to contact you from time to time with product or service updates;
- to send other messages that are useful to the service we provide;
- to manage our relationship with you and to carry out any related administration;
- to provide personalized, targeted, or location-based content, services, and advertising from us and Third-Party Services;
- to promote our services, or the services of our partners, including via email and social media platforms;
- to compare information for accuracy, and verify it with Third-Party Services;
- to detect, investigate and prevent activity we think may be potentially illegal, unlawful or harmful and to enforce our Data Protection Policy and/or our license terms or any other purpose referenced herein or therein.
- to carry out research, including market research, statistical research on site traffic, sales and other commercial information to assist us in improving the services we provide to you and tailor the Site.
- to evaluate your application to work with us.
4. Who may use your information?
Compliance with Legal Obligation:
We may process Personal Data to enforce our policies, to comply with our legal obligations or in the interests of security, public interest or in response to requests by law enforcement, regulatory or government authorities. We may also disclose certain Personal Data in connection with a legal procedure, or to protect our property, security, people and other legitimate rights or interests as allowed by law.
Delivery of the Services:
We may share your information, which may include Personal Data, with Third-Party Services. Examples of Third-Party Services we use include hosting of our web servers, data analysis about how our products are used, delivery and monitoring of marketing initiatives, and providing customer support services. In some instances, you may provide Personal Data directly to a third party that provides a service on behalf of Xplanis. Where you provide Personal Data directly to one of our Third-Party Services providers, the Data Protection Policy and terms of use for that provider will be made available to you and will apply to the transaction. All Xplanis Third-Party Services providers will only collect or have access to Personal Data as needed to perform the service and may not use your data for any other purpose.
For use by partners:
We may share Personal Data:
- withour affiliates;
- with resellers, distributors and/or channel partners; or
You may access our Site or portal through a hyperlink from the website or advertisement of one of our trading partners. If so, certain Personal Data, such as general purchase information and details about how you use our site, may be shared with this trading partner to analyze and improve delivery of services and marketing initiatives.
5 Third-Party Services and links
The Site and our platforms may contain links to Third-Parties Services. We are not responsible for the privacy practices or the content of those websites. Therefore, please read carefully any privacy policies on those links or websites before either agreeing to their terms or using those websites.
The servers used by Third-Parties Services, including social media sites, may not be secure. Despite reasonable security measures taken by Xplanis and its Third-Party Services providers, use of the internet is not secure and unlawful or unauthorized access to private transmissions or data is possible.
6 How do we protect your information?
In considering the types of data we collect and the data activities we undertake in delivering products and services, we have implemented reasonable and appropriate technical and organizational measures to guard against unauthorized or unlawful access to Personal Data. While no system is completely secure, we believe the measures implemented by Xplanis in delivery of the services reduce our potential vulnerability to a level appropriate to the types of data processed.
In addition to the security measures we have put inplace to protect our user database, it remains your responsibility to protect your Personal Data by taking the following steps:
- where you have established an Xplanis User Account, protect your unique password and username and do not use the same access credentials for other sites and services;
- ensure that you log out of your Xplanis User Account when not using it;
- do not use unknown or unsecured Wi-Fi or shared access connections to enter or transmit Personal Data, including passwords and other access credentials;
- maintain good internet security, such as by promptly notifying us if you believe your Xplanis User Account or any accounts you’ve linked to your Xplanis User Account have been compromised; and
- as with most information shared on the internet, please remember that information you share on our Sites, such as by commenting on a blog post, may be indexable by search engines, including Google, which may mean that the information is made public. Do not post confidential or sensitive data while using Sites or any of our services.
7 Where is your information processed?
Personal Data may be processed and stored on our servers or on the servers of our Third-Party Services providers, in Europe or other countries where we or they do business. This means that when we collect Personal Data, we may transfer and process this data in any of these countries, including countries other than the country in which you reside. While Personal Data may be transferred to countries with data protection laws that differ from those that apply in your country, and in some cases may be less protective, we will take necessary measures such as encryption, anonymization, and secure data transfer protocols to ensure that Personal Data is protected in compliance with applicable data protection law and this Data Protection Policy. We have implemented appropriate safeguards, including contractual obligations as required by law, with our Third-Party Services providers with whom we may share Personal Data.
8 Marketing communications
As outlined above, we (or in some cases Third-Party Services providers) may use your information to send you marketing information in accordance with any marketing preferences you have selected when providing your information. You may opt-out of receiving marketing communications at any time by the following means.
- Contact us at office@xplanis.com with“REMOVE” in the subject line; or
- Follow the instructions included in each communication or newsletter.
Please remember that if you change your preferences, it may take a short time for those preferences to become effective. By opting out of marketing communications, you will still continue to receive communications (including emails) related to your User Account and the services, including product updates, trainings, and communications related to billing, maintenance and support.
9 How long do we keep your information?
We will retain Personal Data only as long as is necessary for the purposes set out in this Data Protection Policy, or as is required by applicable law, and then we will delete it. This may include keeping some of your information after you have deactivated your account for the period of time needed for Xplanis to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.
10 Data Subject Rights
You have the following rights, as may be amended from time to time by applicable law:
- If you wish to access, correct, update or request deletion of the Personal Data we retain about you, you can do so at any time by contacting us at: office@xplanis.com.
- If you are a resident of the European Union, you can object to processing of your Personal Data, request that we restrict processing of your Personal Data, or request portability of your Personal Data, as outlined by the Regulation EU 2016/679 (General Data Protection Regulation). You may make any request under this section by contacting us at: office@xplanis.com.
- If we have collected and processed your Personal Data based on your consent, you may withdraw your consent at any time (opt-out). Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance upon lawful processing grounds other than consent (such as processing based on Legitimate Interests).
- You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
11 Comments
When visitors leave comments on the Site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
12 Cookies
If you leave a comment on our Site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for 1year.
If you have an account and you log in to our website, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no Personal Data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for 2 days, and screen options cookies last for 1 year. If you select “Remember Me”, your login will persist for 2 weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no Personal Data and simply indicates the post ID of the article you just edited. It expires after 1 day.
13 Embedded content from other websites
Articles on this Site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
14 How long we retain your data?
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our Sites or platforms (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at anytime (except they cannot change their username). Website administrators can also see and edit that information.
15 What rights you have over your data?
If you have an account on our Site or our platforms, or have left comments, you can request to receive an exported file of the Personal Data we hold about you, including any data you have provided to us. You can also request that we erase any Personal Data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
16 How do you contact us?
If you have any questions about this Data Protection Policy, the practices of this Site, or your dealings with this Site, we encourage you to contact us at office@xplanis.com. You can also call us at +41 31 359 24 54. Our website address is: https://www.xplanis.com/
APPENDIX 1: DEFINITIONS
- "Data Privacy Laws" means data protection and privacy laws applicable to the Company's Processing of Personal Data, including the EU General Data Protection Regulation ("GDPR"), and the Swiss Federal Act on Data Protection, including its implementing ordinances (“FADP”)”;
- "Personal Data" means any information capable of identifying a natural person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their his or her physical, physiological, mental, economic, cultural or social identity. Data is considered personal when it enables anyone to link information to a specific person, even if the person or entity holding that data cannot make that link;
- "Processing" means any operation or set of operations that is performed upon Personal Data, whether or not by automatic means, including, but not limited to collection, recording, organisation, storage, access, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, making available, alignment, combination, blocking, deleting, erasure, or destruction (and "Process", "Processes" and "Processed" shall be interpreted accordingly);
- "Data Controller" means the person or company who, either alone or jointly with others, determines the purpose for which, and the manner in which, Personal Data is Processed;
- "Data Processor" means the person or company who Processes Personal Data on behalf of the Data Controller;
- "Data Subject" means an identified or identifiable natural person whose Personal Data is being Processed;
- "EEA" means the European Economic Area;
- "Legitimate Interests" this is a ground which can be used by organisations as a lawful basis of Processing, for example where Personal Data is used in ways that could reasonably be expected, or there is a compelling reason for the Processing;
- "Member States" means those countries which are part of the European Union;
- "Service Providers" these are a range of third parties to whom we outsource certain functions of our business. For example, we have service providers who provide / support IT applications or systems, which means that your Personal Data will be hosted on their servers, but under our control and direction. We require all our service providers to respect the confidentiality and security of Personal Data.
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