Last updated February 2024
Your privacy is important to us. This Privacy Policy explains how XTL US INC. and/or its affiliates and subsidiaries (collectively, "xTool", "we", or "us") handle and treat your data when you (i) register or visit our site, https://www.xtool.com/ or associated sites or pages ("Site"), (ii) use the application we make available on our Site or third party platform ( "Application "), or (ii) engage with us to use the products or services that we provide ("Service").
This Privacy Policy ("Privacy Policy") explains our approach to any personal data that we collect from you and the purposes for which we process your personal data. It also sets out your rights in respect of our processing of your personal data.
This Privacy Policy will inform you of the nature of your personal information that is processed by us and how you can request that we delete, update, transfer and/or provide you with access to it.
This Privacy Policy is intended to assist you in making informed decisions when using the Site, the Application and/or the Service. Please take a moment to read and understand it.
Please also note that this Privacy Policy only applies to the use of your personal information obtained by us. This policy can be accessed on the Site but is not our Cookie Policy. Our Cookie Policy is accessible from the privacy section of the Site.
A "controller" is a person or organization who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. This Privacy Policy is issued on behalf of XTL US INC. as controller. Unless we notify you otherwise XTL US INC. is the controller for your personal data.
If you have any questions about this notice, including any requests to exercise your rights, please contact us by:
If you have any concerns or would like to make a complaint about our processing of your personal data, we would encourage you to contact us in the first instance as we aim to promptly, efficiently and satisfactorily resolve any concerns or complaints you may have in relation to xTool's processing of your personal data.
Personal data includes any information relating to an identified or identifiable natural person. It does not include data that cannot be linked to an individual (anonymous data).
We collect, use, store and transfer different kinds of personal data about you. We have grouped together the following categories of personal data to explain how this type of information is used by us. These terms are used throughout this notice:
We may collect, use and share aggregated data, such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this notice.
Our Service are neither aimed at nor intended for, and we do not knowingly collect personal information from children (as defined by applicable national laws). If a minor has provided us with personal information without parental or guardian consent, don't hesitate to contact us using the contact details in Section 3.
5. IF YOU FAIL TO PROVIDE PERSONAL DATA TO US
Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide the personal data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to decline to provide the relevant services, but we will notify you if this is the case at the time the personal data is collected.
6. HOW YOUR PERSONAL DATA IS COLLECTED
We use different methods to collect personal data from and about you, including through the channels set out below.
Direct interactions: You give us your personal data in your direct interactions with us. Such personal data includes Identity Data, Contact Data, Profile Data, Usage Data, and/or Technical Data, which you give us from time to time.
Website, application and marketing: You give us your personal data, which includes Profile Data, Usage Data, and/or Technical Data, when you use our Site, Application and/or Service which we have agreed with you to use, or when you review the marketing we send you. We also collect your personal data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.
Third-party sources: We receive Identity Data, Contact Data about you from third parties, when:
In relation to the use of our Site, we may also receive Technical Data from analytics providers such as Google.
Publicly available sources: We collect Identity Data and Contact Data from publicly available sources.
Automated technologies or interactions: We collect Technical Data and Usage Data about your equipment and behaviour (e.g. browsing actions and patterns). We collect this personal data by using cookies, server logs, and other similar technologies from the computer hardware and software you use to access the Site or to use the Application. Please see our Cookie Policy for further details.
We will only process your personal data when the law allows us to, that is, when we have a legal basis for processing.
Subject to applicable laws, we use your personal data in the following circumstances:
"performance of a contract": where we need to perform a contract which we are about to enter into or have entered into with you as a party or to take steps at your request before entering into such a contract;
"legal or regulatory obligation": where we need to comply with a legal or regulatory obligation that we are subject to;
"legitimate interests": where necessary for our interests (or those of a third party), provided that your fundamental rights do not override such interests. This can mean, for instance, that it is in our interest, to monitor how you are using our Site and Application to ensure that the security of our Site and Application is maintained. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests; and
"consent": where you have provided your consent to processing your personal data.
We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at using the contact details in Section 3.
With limited exceptions (for instance, in relation to some of our electronic marketing), generally we do not rely on consent as the legal basis for processing your personal data. When we do, you have the right to withdraw consent at any time. Please refer to Section 10 (Marketing and exercising your right to opt-out of marketing) for more information about how we use your personal data for marketing purposes and your rights.
We may collect personal information from you in the course of our business, including through your use of our Site, Application or Service. We set out below, in a table format, a description of the ways in which we use your personal data and the legal bases we rely on to do so. Where appropriate (and to the extent relevant under applicable law), we have also identified our legitimate interests in processing your personal data.
We may process your personal data for more than one legal basis depending on the specific purpose for which we are using your personal data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose | Information Collected | Legal Basis for Proceeding |
To provide you with access to our Site and enable you to use our Application and our Service | Identity Data Contact Data Content Data Profile Data Usage Data | Performance of a contract; Legal or regulatory obligation; Legitimate interests: providing you with access to requested Service and ensuring that you are provided with the best Service we can offer |
To manage and protect our business and our Site and Application, including improving data security, troubleshooting data and systems, system maintenance and testing, data hosting and reporting | Contact Data Identity Data Content Data Technical Data Usage Data | Legal or regulatory obligation; Legitimate interests: ensuring the efficient and secure running of our business and the Site, including through maintaining information technology services, network and data security |
To use data analytics to improve our Site, Application, Service, marketing, customer relationships and experiences | Technical Data Usage Data | Legitimate interests: reviewing how clients use and what they think of our Site and Application, improving our Site and Application, and identifying ways to grow our business Consent |
To investigate and address violations of our terms of use and policies as well as detect, prevent and combat harmful or unlawful behaviour | Identity Data Contact Data Profile Data Technical Data Usage Data | Legal or regulatory obligation; Legitimate interests: preventing and addressing unlawful use of our electronic portals and platforms, violations of our terms and policies, or other harmful or illegal activity |
To deliver optimized and relevant content, measure or understand the effectiveness of the content we serve, and improve the overall approach and experience (e.g. by analyzing your stated preferences and tracking patterns on how you interact and engage with our Site) | Contact Data Identity Data Profile Data Technical Data Usage Data | Legitimate interest: providing relevant content and identifying ways to grow our business; Consent |
To identify areas of interest, services or products which might interest you and to help us have better experience on the Service and support we can offer (e.g. by tracking and analyzing how you interact with our Site) | Identity Data Contact Data Profile Data Technical Data Usage Data | Legitimate interest: identifying ways to grow our business by targeting our business development initiatives and marketing activities more effectively Consent |
To ask you for feedback about our Site, Application and Service as well as marketing or other events, and to manage, review and act on the feedback we are getting | Identity Data Contact Data Profile Data | Legitimate interests: understanding what users think of our Site, Application and Service as well as marketing or other events, improving them and identifying ways to grow our business and improve users' experience |
To use data analytics to improve our Site, Application and Service, marketing, user experiences | Technical Data Usage Data | Legitimate interests: reviewing how users use and what they think of our Site, Application and Service improving our services and identifying ways to grow our business; Consent |
To interact with governmental or regulatory bodies or other authorities in relation to you, subject to applicable laws | Identity Data Contact Data | Legal or regulatory obligation |
We will only use your personal data for the purposes for which we collected it as detailed in Section 7 (HOW WE USE YOUR PERSONAL DATA) and Section 8 (PURPOSES AND LEGAL BASIS) , unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the contact details in Section 3.
If we need to use your personal data for an unrelated purpose, we will notify you, and we will explain the legal basis that allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
10. MARKETING AND EXERCISING YOUR RIGHT TO OPT OUT OF MARKETING
We will not use your personal data to send you marketing materials if you have requested not to receive them. If you request that we stop processing your personal data for marketing purposes, we will stop processing your personal data for those purposes. We would encourage you to make such requests by contacting us using the contact details in Section 3.
We do not share your personal data with any organizations outside of xTool for marketing purposes.
Our Site or Application may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. It is our policy to respect your rights and we will act promptly and in accordance with any applicable law, rule or regulation relating to the processing of your personal data.
Details of your rights are set out below:
You may exercise any of your rights using the contact details set out in Section 3. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one calendar month (or earlier in accordance with applicable laws). Occasionally it may take us longer than one calendar month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
XTool is a part of a corporate organization that has several legal entities (collectively, "xTool entities"), business processes, management structures and technical systems. Any information that we collect or that you provide to us may be shared and processed by any xTool entity in order to provide the Service.
We may have to share your personal data with the entities and persons set out below for the purposes for which we collected the personal data, as detailed in Section 7 (HOW WE USE YOUR PERSONAL DATA) and Section 8 (PURPOSES AND LEGAL BASIS).
We require any person or entity to whom we disclose personal data pursuant to this Section 13 to respect the confidentiality and security of your personal data and to treat it in accordance with applicable laws and regulations. We do not allow such recipients of your personal data to use it for their own purposes, and we only permit them to process your personal data for specified purposes and in accordance with our instructions.
As mentioned above, we may appoint sub-contractor data processors as required to deliver the Service, such as, without limitation, IT systems or software providers, IT Support service providers, and information storage providers, who will process personal data on our behalf and at our direction. We conduct an appropriate level of due diligence and put in place contractual documentation in relation to any sub-contractor to ensure that they process personal data appropriately and according to our legal and regulatory obligations.
Further, we may appoint external data controllers where necessary to deliver the Service. When doing so, we will comply with our legal and regulatory obligations in relation to the personal data, including without limitation, putting appropriate safeguards in place.
What is our legal basis?
It is necessary for us to perform our obligations in accordance with any contract that we may have with you.
It is in our legitimate interest or a third party's legitimate interest to use personal information in such a way as to ensure that we provide the Service in the best way that we can.
In some cases, the parties which we use to process personal data on our behalf are based outside the EEA, therefore their processing of your personal data will involve a transfer of such data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
For individuals based in mainland China: In due course, we will publish a list of the recipients to provide notice of the parties that can independently determine processing purposes and methods when processing your personal data, including their contact details and details on what, how and why such recipients process your personal data. Should you require such information in the meantime, please contact us using the contact details in Section 3.
We are committed to keeping the personal data provided to us secure, and we have implemented appropriate information security policies, rules and technical measures to protect the personal data that we have under our control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss, including:
• the pseudonymization and encryption of personal data;
• the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
• the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and
• a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
We ensure that those who have permanent or regular access to personal data, or that are involved in the processing of personal data, or in the development of tools used to process personal data, are trained and informed of their rights and responsibilities in when processing personal data, and are obliged to respect the confidentiality of such personal information.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for. This includes for example the purposes of satisfying any legal, regulatory, accounting, or reporting requirements, to carry out legal work, for the establishment or defense of legal claims.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
If you would like to know more about the retention periods we apply to your personal data, please contact us using the contact details in Section 3 .
In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
You have the following rights in relation to the personal information we hold about you:
Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the data or where data may be exempt from disclosure due to reasons of legal professional privilege or professional secrecy obligations.
We may make changes to this Privacy Policy from time to time. To ensure that you are always aware of how we use your personal data we will update this Privacy Policy from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. Where it is practicable, we will notify you by email of any significant changes. However, we encourage you to review this Privacy Policy periodically to be informed of how we use your personal information.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. If you wish to update your personal data, please contact us using the contact details in Section 3.