XBert understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.
In this Privacy Policy, when we say we, us or our, we mean the relevant XBert entity who you are engaging/contracting with, which may be:
● XBertPty Ltd (Australian Business Number 26 632 237 293)
● XBert UK Limited(UK Company Number 15589592)
This Privacy Policy takes into account the requirements of the Privacy Act 1988(Cth). In addition to the Australian laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the UnitedKingdom (UK) may have rights under the General Data ProtectionRegulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018)(together, the GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU and UK as well as information on how we process the personal information of individuals located in the EU and UK.
Personal information:is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
● Identity Data including your full name and the company you work for.
● Contact Data including your telephone number, address and email.
● Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).
● Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
● Technical and Usage Data when you access any of our websites, platforms or emails, details about your internet protocol (IP)address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or tracking pixels), and communications with our website.
● Profile Data including your username and password for XBert, the number of clients you have, content you post, send, receive and share through our platform, and support requests you have made.
● Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
● Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
● Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience, or whether you hold required authorisations or licences.
● Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.
We collect personal information in a variety of ways, including:
● when you provide it directly to us, including face-to-face, over the phone, over email, or online;
● when you complete a form, such as registering for any newsletters, or responding to surveys;
● when you use any website we operate (including from any analytics and cookie providers or marketing providers. See the “Cookies” section below formore detail on the use of cookies);
● from third parties, such as our marketing providers; and
● from publicly available sources, such as the ABR and Companies House.
We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information
Personal information: We may disclose personal information to:
● our employees, contractors and/or related entities;
● IT service providers, data storage, web-hosting and server providers, such asIntercom, Inc. and LogRocket;
● marketing or advertising providers, such as HubSpot;
● professional advisors, bankers, auditors, our insurers and insurance brokers;
● payment systems operators or processors;
● our existing or potential agents or business partners;
● if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;
● courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
● courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
● third parties to collect and process data, such as analytics providers and cookies; and
● any other third parties as required or permitted by law, such as where we receive a subpoena.
We store your personal information in Australia and the United Kingdom. Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of Australia, including but not limited to, the United States. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles. Please seeAppendix 1 for further information for transfers outside the United Kingdom.
Your choice:Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to work with you as a customer or supplier of our business.
Information from third parties:If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access:You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction:If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints:If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of theAustralian Information Commissioner.
We are committed to ensuring that the personal information we collect is secure.In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
We may enable you to post reviews, comments, photos and other user-generated content. Any content you choose to submit will be accessible by anyone, including third parties not associated with us. We have no control over how others may use or misuse information you make publicly available. We are not responsible for the privacy, security or accuracy of any user-generated content you choose to post or for the use or misuse of that information by any third parties.
We may use cookies, tracking pixels and similar technologies on our website and in our emails from time to time. Cookies are text files placed in your computer's browser to store your preferences. Tracking pixels are tiny, invisible images(typically the size of one pixel) embedded in web pages or emails. Cookies and tracking pixels, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie or collected by tracking pixels. Unlike cookies, tracking pixels do not store any information on your device, but instead send information to our servers when the pixel is loaded.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.
You can block tracking pixels by using ad-blocking or privacy-focused browser extensions. Some email providers allow you to block images by default, which can prevent tracking pixels in emails from loading.
However, if you use your browser settings to block all cookies (including essential cookies) and tracking pixels you may not be able to access all or parts of our website and you may not receive personalised content.
Google Analytics: We may use Google Analytics AdvertisingFeatures. We and third-party vendors may use first-party cookies (such as theGoogle Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.
You can opt-out of Google AnalyticsAdvertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.
To find out how Google uses data when you use third party websites or applications, please see here.
Facebook/Meta Analytics: We may use tools provided by Meta, such as the Meta Pixel, advanced matching, andConversions API. These allow us to measure ad performance and deliver ads that may be relevant to you on Meta platforms based on your activity on our website/app. You can control whether we can join data from third party partners with your Meta account for ads by adjusting your preferences within Meta's settings. You can disconnect this data from your Meta account by changing your settings for Off-Facebook activity. For more information, please see Meta's Privacy Policy here[LV1] .
For more information about the cookies and tracking pixels we use, please see our cookie banner on our website.
Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites.Those websites are not governed by this Privacy Policy.
If you connect your account with us using a single sign-on account, such asGoogle, Xero or Intuit we will collect your personal information from the single sign-on provider. We will do this in accordance with the privacy settings you have chosen with that provider.
The personal information that we may receive includes your name, ID, user name, handle, profile picture, gender, age, language, list of friends or follows and any other personal information you choose to share.
We use the personal information we receive from the single sign-on provider to create a profile for you on our platform and to allow you to log back into your account.
Overview: We may use artificial intelligence and machine learning technologies, including AI Technologies provided by third parties (AI Technologies) in our business operations and the provision of our Services. We will only use AI Technologies when legally permitted and necessary for our business operations.
How we use AI Technologies: We may use AI Technologies for the following purposes:
● to conduct analysis and processing;
● to generate and modify content and coding;
● to improve and optimise our services and operations;
● to automate certain processes and communications, such as routine tasks;
● to personalise your experience with our services;
● for quality assurance purposes; and
● to assisting with customer support and queries.
Data Protection and Security: Where we use service providers who provide AI Technologies to us, we will take reasonable steps to ensure that such service providers handle your personal information according to privacy law, including by ensuring that we have contracts in place requiring the service provider to protect personal information.
We may input your personal information into platforms provided by AI Technology service providers which may then be used to train the service provider’s AT Technology model based on that information.
Your Rights and our Commitments: We will treat information generated or inferred by the AI Technologies about individuals as personal information and you maintain all rights over your personal information as outlined in this privacy policy, regardless of whetherAI Technologies are used in processing. When using AI Technologies with your personal information:
● Transparency and control: we will inform you when AI Technologies are being used to make decisions that may significantly affect you. We will implement processes to verify the accuracy of AI-generated outputs and we will take reasonable steps to maintain human oversight and review of significantAI-generated decisions. Our staff are trained to understand the limitations ofAI systems and verify outputs before they are relied upon; and
● Security: we implement appropriate technical and organisational measures to ensure that our use of AI Technologies maintains the security and integrity of your personal information. This includes regular testing and monitoring of AI outputs for accuracy and reliability; and
● Risk mitigation: We regularly assess and document the risks associated with our use of AI Technologies in processing personal information and implement appropriate mitigation measures. This includes ongoing monitoring of AI Technologies and regular reviews of their performance and impact.
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices in respect of our Australian entity, please contact us at:
XBERT PTY LTD (ABN 26 632 237 293)
Email: support@xbert.io
Under the GDPR individuals located in the EU and the UK have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix 1 sets out the additional rights we give to individuals located in the EU and UK, as well as information on how we process the personal information of individuals located in the EU and UK. Please read the Privacy Policy above and thisAppendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.
What personal information is relevant?
ThisAppendix applies to the personal information set out in the Privacy Policy above. This includes any Sensitive Information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.
Purposes and legal bases for processing
We collect and process personal information about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground, we are relying on to process your personal information where more than one ground has been set out in the table below.
If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer doing business with us. Further information about your rights is available below.
The privacy protections available in the countries to which we send data for the purposes listed above may be less comprehensive than what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based (including toour related entity in Australia), we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:
● only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information; or
● including standard contractual clauses in our agreements with third parties that are overseas.
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
You may request details of the personal information that we hold about you and how we are process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal information rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to you or another organisation.
If ou are not happy with how we are processing your personal information, you have the right to make a complaint at any time to the relevant Data ProtectionAuthority based on where you live. In the UK, the relevant Data Protection Authority is the ICO (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Authority, to please contact us in the first instance using the details set out below.
For any questions or notices in respect of our UK entity, please contact us at:
XBertUK Limited (UK Company Number 15589592)
Email: support@xbert.io
ICO Registration Number: ZB838657
