Privacy Policy

Updated September 5, 2024

Purpose

Xurrent, Inc. (“Xurrent,” “we,” “us,” “our,” or the “Company”) is committed to protecting the privacy of individuals who visit the Company’s Websites (“Visitors”), individuals who use the Xurrent Services as defined below (“Customers”), and individuals who register to attend the Company’s corporate events (“Attendees”).

This Privacy Policy describes what information we collect at Xurrent, and Xurrent’s privacy practices in relation to the use of the Company’s Websites (“Xurrent Websites”) and the related subscription services, integration service, support services, applications and programs offered by Xurrent (collectively, the “Xurrent Services”), as well as individuals’ choices regarding use, access and correction of personal information.

Scope

This Privacy Policy covers (i) the Xurrent Websites (www.xurrent.com, developer.4me.com, and learning.4me.com), and (ii) the Xurrent Services that Xurrent provisions as software as a service which allows an organization’s internal and external service providers to collaborate seamlessly, while the level of service that each party provides is visible in real time.

For the purposes of this Privacy Policy we define:

“Customer” – means any entity that uses the Xurrent Services.

“Customer Data” – means data provided by or on behalf of Customer or Customer’s Users via the Xurrent Services.

“Customer’s Users” or “Users” – means an individual authorized by Customer to access and use the Xurrent Services.

“Visitor” – means an individual who visits the Xurrent Websites.

Roles

Visitors of the Xurrent Websites submit data while they navigate the websites.  With respect to such data Xurrent acts as a data controller of personal data.

Customers of the Xurrent Services submit data to the Xurrent Services as part of their use of the Xurrent Services.  With respect to such customer data, Xurrent acts as a data processor, and a customer of Xurrent acts as the data controller of personal data.  Xurrent processes data customers submit to the Xurrent Services or instruct Xurrent to process on their behalf.

Information Obtained Via the Xurrent Websites

The types of information we collect about our Visitors:

Information you provide to us

We ask for, and may collect, personal information such as your name, mailing address, telephone number, email address and chat transcripts, when

• you fill out and submit web forms on our Xurrent Websites.
• you use live chat or other interactive features of our Xurrent Websites.
• you respond to a Xurrent ad displayed on our Xurrent Websites or third party sites.
• you register for or attend a sponsored event or other events at which any member of Xurrent, Inc. participates.
• you request a free trial of the Xurrent Services.
• you participate in our surveys.
• you report a problem with our Xurrent Websites or Xurrent Services.
• you contact us.

We do not collect nor process special categories of personal data.

Information-gathering technologies

Xurrent, Inc. and its authorized third parties may use information-gathering technologies, such as cookies, to collect information as you navigate through the Xurrent Websites.  These technologies are listed below:

• Cookies.  For detailed information about the use of cookies by Xurrent please read and review our Cookie Policy.
• Web Beacons.  We may use web beacons or transparent GIF files.  These enable our service providers to recognize a cookie in your browser, which helps us manage and measure our online advertising and analyze traffic.  The cookie was placed either by us or by our service providers.  The information that we collect by using these technologies is anonymous and not personally identifiable.
• Similar Technologies.  Besides cookies and web beacons we may use similar technologies such as HTML5 local storage, local shared objects, tags and scripts.  These are used for similar purposes as cookies and web beacons.
• Do Not Track.  Without a common industry or legal standard for interpreting Do Not Track (DNT) signals, Xurrent does not respond to browser DNT signals.  Xurrent takes privacy and meaningful choice seriously and shall make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
• Logs.  We keep log files while you navigate the Xurrent Websites.  These logs include timestamps of your visit, your IP address, internet service provider, browser used, operating system and other device identifications and configurations, locale and language preferences, visited URLs, referring and exit pages, and what you search for.

How we use the information

We may use the collected information about Visitors for the following purposes:

• To identify areas for improvement, and improve the Xurrent Websites
• To measure the effectiveness of the Xurrent Websites and marketing efforts
• To diagnose and resolve technical problems with the Xurrent Websites
• To provide you with information, products or services that you requested from us
• To provide you with a trial account of the Xurrent Services when requested
• To send you an invoice in case you are an Attendee to an event organized by Xurrent
• To notify you about changes to the Xurrent Websites
• To obtain any required consent
• To respond to any problem that you reported to us
• To respond to any request that you send to us
• To notify you when we are legally required to do so

We, and our authorized third parties, may use your personal information to provide you with information, products or services that you requested from us.

How we share the information

We may share collected information about Visitors with business partners, contractors and service providers that support us in our business or who provide services on our behalf.  We may also disclose your personal information to (i) comply with legal obligations, (ii) enforce or apply our policies, (iii) protect the brand, rights, properties and/or safety of Xurrent, Inc. and others.

Xurrent does not distribute, sell, rent, or trade information that its Visitors submit to the Xurrent Websites to anyone.

Your choices

• The browser and/or mobile devices you use may provide you with the ability to control cookies and other types of local data storage and whether location or other data is shared.  Xurrent does not control these choices or default settings which are offered by the producers of your browser and/or mobile devices.
• Please review our Cookie Policy regarding your choices to use cookies.
• Visitors may withdraw their consent to be sent information, products or services by clicking on the “Unsubscribe” link in emails sent by Xurrent.
• Upon reasonable request, we will provide you with information about whether we hold any of your personal information with regards to your usage of the Xurrent Websites.  To request this information please contact us at [email protected].

Information Obtained Via the Xurrent Services

The types of information we collect about our Users:

1. Customer Data

Customer Data means data provided by or on behalf of Customer or Customer’s Users via the Xurrent Services.  Customer Data is controlled by the entity that owns an account provided by the Xurrent Services.  Where Xurrent collects or processes Customer Data, it does so on behalf of the Customer.

If you are an individual authorized to access and use the Xurrent Services then you are a “User”, as further described in the Terms of Use.  If you are using the Xurrent Services by invitation of a Customer, whether that Customer is your employer, another entity, or an individual, that Customer determines its own policies and settings regarding storage, access, modification, deletion, sharing, and retention of Customer Data which may apply to your use of the Xurrent Services.

Safeguarding the privacy of Customer Data requires the cooperation of the Customer.  For example, Customer is responsible for the access they offer their users to their data.  Customer is also responsible for the quality, integrity, reliability, and appropriateness of data submitted to the Xurrent Services and must comply with applicable laws in using the Xurrent Services.

Xurrent has no direct control or ownership of any personal data it processes.  Xurrent generally does not have a direct relationship with individuals whose personal data is submitted by customers to the Xurrent Services.  Xurrent does not control how its customers use the data they store in Xurrent.  An individual who seeks to correct, amend, or delete personal data within the Xurrent Services should direct this request to the Customer of Xurrent.

Customer Data may contain links to websites or files that are not under the control of Xurrent.  Xurrent is not responsible for the contents or functionality of any such third-party content or anything that can be accessed via such third-party content.

2. Other information

Xurrent may also collect, receive and process the following types of information:

• Account setup.  For QA and production accounts of the Xurrent Services we may collect Customer’s company name and address, account name, account logos, domain details, account owner name, account owner email address, account owner contact telephone number, user names, and administrative contact information.
• Trial accounts.  For trial accounts of the Xurrent Services users are asked to provide first and last name, email address, company name, country and telephone number.
• Billing information.  For Customers that have purchased a paid version of the Xurrent Services we may collect billing contact person name, billing contact email address and billing address.  We do not collect credit card or other bank account information.
• Communications.  Information and communications our Customers and Users submit to us in connection with the Xurrent Services via email or via Requests through the Xurrent Services.
• Business partners.  Information we receive from our business partners in connection with their Customers and Customers’ Users using the Xurrent Services that the business partner supports.
• Usage.  Quantitative data gathered from the usage of an account of the Xurrent Services.  Examples include: keeping track of the number of users with a billable role, keeping track of capacity levels, information about accounts, which features are used, and how often.
• Logs.  We keep log files while you use the Xurrent Services.  These logs include timestamps of your usage, your IP address, internet service provider, browser used, operating system and other device identifications and configurations, locale and language preferences, and visited URLs.
• Cookies.  For detailed information about the use of cookies by Xurrent please read and review our Cookie Policy.  Note that cookies must be enabled in order for you to use the Xurrent Services.
• Integrations.  If you integrate your Xurrent account with a non-Xurrent service, either directly or via the Xurrent Integration Service, we connect that service to ours.  The provider of the non-Xurrent service may share certain information about you or your account with Xurrent.  However, we do not receive or store your passwords or private keys for any of these non-Xurrent services.  For more information on standard integrations, click here.  For more information on developing service integrations, click here.  For more information on the Xurrent Integration Service, click here.

How we use the information

We use your information for the purpose of providing and improving the Xurrent Services.

1. Customer Data

Xurrent may access and use Customer Data as reasonably necessary and always in accordance with Customer’s instructions for the following purposes:

• To provide, maintain and improve the Xurrent Services
• To prevent or address service, security, technical or support matters
• To comply with legal or regulatory requirements
• To comply as set forth in our agreement with the Customer or as expressly permitted in writing by the Customer.

Xurrent does not sell, rent or trade Customer Data.  Xurrent does not share, distribute, use, disclose, review, transfer or reference any Customer Data except as expressly permitted in writing by the Customer, or as required by law.  We never use Customer Data or derive information from it for marketing or advertising.  Additional information about Xurrent’s confidentiality and security practices with respect to Customer Data is available at our Security Overview page.

2. Other information

Xurrent uses other types of information while providing the Xurrent Services for the following purposes:

• To create and administer a customer account.
• To identify areas for improvement, and, improve the Xurrent Services.
• To diagnose and resolve technical problems with the Xurrent Services.
• To communicate with you or your support organization by responding to your requests.
• To send you email and Xurrent broadcast messages.  We may contact you regarding changes in the Xurrent Services, changes to our Service Offerings, changes to our Policies, important service related notices, such as upcoming infrastructure changes, security and fraud notices.  These email and messages are considered part of the Xurrent Services and you may not opt-out of them.  In addition, we regularly send email about new and updated features or other news about Xurrent.  You can opt out of those at any time.
• To send you an invoice or a statement of usage.
• To keep track of billing and payments.
• To keep the Xurrent Services secure and to prevent abuse and fraud.

This policy is not intended to place any limits on what we do with data that is aggregated and/or anonymized so that it is no longer associated with an identifiable User or Customer of the Xurrent Services.

How we share the information

Information described in this privacy policy may be shared by Xurrent.  This section only describes how Xurrent may share such information.  Customers determine their own policies for the sharing and disclosure of Customer Data.  Xurrent does not control how Customers or their third parties choose to share or disclose Customer Data.

1. Customer Data

In accordance with the agreement with the Customer and the Customer’s instructions, Xurrent may share Customer Data, including:

• With third party service providers and agents.  We may engage authorized third parties or individuals to process Customer Data.
• With third party integrations.  We may, acting on behalf of our Customer, share Customer Data with the provider of an integration added and enabled by Customer, or authorized by Customer to add and enable via the Xurrent Integration Service.  Xurrent is not responsible for how the provider of an integration may collect, use and share Customer Data.

Xurrent may share or disclose Customer Data and other information as follows:

• When changing our business structure.  In the event of a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Xurrent’s assets, similar transactions or proceedings, or steps in contemplation of such activities, personal information held by us may be among the assets transferred to the buyer or acquirer.
• To comply with law.  To comply with legal or regulatory requirements and to respond to lawful requests by public authorities, including to meet national security, law enforcement requirements, court orders and legal processes.
• To protect rights and safety.  To protect and defend the Xurrent brand, rights, property, safety of Xurrent, Inc., our Customers, Users, third parties and others, including enforcing contracts or policies, or in connection with investigating and preventing fraud.

2. Other information

Xurrent may share other information as follows:

• Generally, when you have a request regarding the Xurrent Services you should direct this to your support organization.  When you contact Xurrent directly to help resolve or answer your request regarding your account of which you are a User, then in order to help you and given our relationship with our Customer, we may share your request with our Customer and/or their authorized support organization.
• Third party service providers.  We may engage third party providers or individuals, such as third party payment processors, to process information on our behalf.  Xurrent maintains onward transfer agreements with its third parties in compliance with its Privacy Policy.

We may disclose, or use aggregated or anonymized information for any purpose.

Your choices

1. Customer Data

Customer provides us with instructions on what to do with Customer Data.  A Customer has many choices and control over Customer Data.  For example, Customer may give or revoke access to the Xurrent Services, enable or disable third party integrations, manage roles and permissions, manage recurring export settings, setup trust relations with other accounts and add accounts to directory accounts, anonymize personal data and redact notes.  Since these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data, please review the Xurrent Account Administrator Training pages for more information about these choices and instructions.

Xurrent supports the opportunity for individuals to exercise their choice in determining the sharing of personal information with third parties and limiting its use to the purpose for which it was collected.  As a data processor, however, Xurrent cannot extend that choice with regard to Customer Data directly to the individual and must refer all opt-in or opt-out requests to the Customer who controls that data.

2. Other information

Please review the Cookie Policy regarding your choices around the use of cookies.

If you have any questions about your information, our use of this other information, or your rights when it comes to any of the foregoing, contact us at [email protected] or via regular mail at the contact address listed below.   

Security

The security of your personal information is important to us.  Xurrent maintains appropriate administrative, physical, and technical safeguards to help protect the confidentiality and integrity of the personal data its Visitors and Customers submit via the Xurrent Websites and Xurrent Services, both during transmission and once it is received.  However, we cannot guarantee that hackers or unauthorized personnel will not gain access to information, despite our efforts.  You should note that by using our services, your information will be transferred through third party infrastructures which are not under our control.  No method of transmission over the Internet, or method of electronic storage, is 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your personal information and Customer Data, we cannot guarantee its absolute security.  Customers of the Xurrent Services are responsible for protecting themselves against unauthorized access to their passwords, private keys and computers, and unauthorized disclosure, alteration and destruction of personal data.  To learn more about Xurrent’s Security practices, refer to https://www.xurrent.com/security.

Children’s Information

The Xurrent Websites and Xurrent Services do not knowingly collect any personal information from children under the age of 13.  If you are under the age of 13 then do not submit any personal information via the Xurrent Websites or Xurrent Services.  If you learn that a child under the age of 13 has provided us with personal information, please contact us at [email protected], and we will use commercially reasonable efforts to delete that information.

Location of Data

All Customer Data uploaded to the Xurrent Service is always stored within the customer’s processing region of choice which is either within the European Economic Area (EEA), the United Kingdom, Switzerland, Australia, or the United States.

Other information may be transferred to the United States.

International Transfers of Personal Data

Xurrent, Inc. complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Xurrent, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Xurrent, Inc. has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Independent Dispute Resolution / Binding Arbitration

Under certain circumstances, Customers and Users may be able to invoke binding arbitration to address complaints about Xurrent’s compliance with the DPF Principles. In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, either Xurrent or Customers and Users may invoke binding arbitration for unresolved complaints concerning Xurrent’s handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, to the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction and you wish to invoke binding arbitration, please visit JAMS for more information or to file a complaint. The services of JAMS are provided at no cost to you.

Oversight, Liability and Accountability

The Federal Trade Commission (FTC) has jurisdiction over the Company’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

The Company retains accountability for any onward transfer of the third parties. This requirement limits transfers of personal data to third parties, for only specified purposes, and the third parties must provide the same level of protection as required under the EU-U.S. DPF Principles, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time.  Updates to the Privacy Policy will be posted on the www.xurrent.com website with an indication of when it has been updated.  We encourage you to periodically review this Privacy Policy for any changes.

Contact Information

Questions regarding this privacy policy can be directed to Xurrent by emailing such questions to [email protected] or by regular mail addressed to:

Xurrent, Inc.
Attn: Data Protection Officer
8 W. Victoria Street
Santa Barbara, CA 93101
USA