Privacy Policy

Last updated: 10 April, 2017

To visit our Terms and Conditions of Use of the Xorro Service, please click here. Information is collected by Xorros Service ("the Service") to provide you (the "User") with information specific to your needs and interests.
This Privacy Policy (the "Privacy Policy") applies to all personal information gathered from visitors to our Web sites and users of our Software and our Service. Please read below to review our Privacy Policy and the types of information we gather through our Service.
In this Privacy Policy, "Xorro", "we", "us", "our" and other similar references mean Xorro Solutions Limited, and "you" and "your" and other similar references mean a specific Facilitator or Institution Manager user of the Service. By registering for and using the Service, you accept the practices described in this Privacy Policy.
Xorro Solutions Limited ("Xorro") respects the privacy and the integrity of any information that you provide in the use of our Software, Web sites and System. This Privacy Policy explains our policy regarding the collection, use and disclosure of your personal information.
This Privacy Policy will be continuously assessed against new technologies, business practices and our users needs. As we update, expand and diversify our products and services, this Privacy Policy may evolve. Please check this Privacy Policy from time to time for updates by checking the date of the "Last Update" at the top of this document. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). A link to our Privacy Policy will be provided at the bottom of each web page on our Web sites. You acknowledge and agree that your access of our Web sites and your use of our services following any posted changes to the Privacy Policy indicate your acceptance of such changes.
We also encourage you to review the Terms and Conditions of Service (the "Terms of Service"), the agreement between you and Xorro that governs your use of the Software, the Service and the Web sites, as well as provides the terms and conditions under which Xorro provides, and you may use, the Service. The Privacy Policy is incorporated into and made a part of the Terms of Service. To visit the Terms and Conditions of Service please click here.

What is Personal Information

For the purposes of this Privacy Policy, personal information means information that can be used to identify and contact you, specifically your name, address, e-mail address, country of residence, as well as other information when such information is combined with your personal information (e.g. name of education institution, student ID, grades).
Personal information does not include "aggregate" information, which is data we collect about the use of our Web site and our System. Our privacy policy does not restrict or limit our collection and use of aggregate information.
The Xorro Service enables users to create, edit and store content designed for participative group access. As such, the Service must store data relating to the following categories:

• Institutions, User(s) and their accounts (Users may be Facilitators, Institution Managers, or Participants with a Plus account);
• Content being created, imported or stored for users ("Content");
• Participant identifiers;
• Results from Activities delivered to Participants through the Service by Users, including behavioural aspects such as frequency of use;
• Data relating to Users preferences, choices and behaviours.

The data collected by Xorro is minimal. No information from students educational records is released to Xorro from the institution, students or instructors during registration. Xorro may be used with just a participant ID, and no other identifiers. Where participant emails or other identifiable data is collected, it is on behalf of the Facilitator or the Institution and is not utilised by Xorro for any other purpose.
Xorro collects and stores Personal Information when you download or activate our Software, register to use our Service, ask a question, complete a form, conduct a transaction, or send us an email. If you do not provide the requested information, you may not be able to access or use some of the features and functions of our Service. We use your Personal Information to complete transactions, respond to your requests, deliver the products and services you request, and notify you of promotions, updates, or special offers that we think may interest you.
Users may create or import Content into the Service. You are solely responsible for ensuring that you have the right to use any Content which you upload to Xorros servers, make available to Participants, or otherwise link to using Xorros Service.

Consent

You acknowledge and agree that by accessing our Web site or using our Software or our Service you fully understand, accept and voluntarily consent to the collection, use, retention and disclosure of personal information in accordance with this Privacy Policy.
It is always your choice whether or not you provide us with your personal information; however, a decision to withhold personal information may restrict or prevent us from providing you with a particular product or service. We will only collect, use, and disclose your personal information with your consent, except where otherwise permitted or required by applicable law or regulatory requirement.

Collection of Personal Information

For Facilitators: In order to use certain features of our services you must first complete a registration process and establish an account ("Account"). During registration for your Account you will be required to provide your name, your email address and the name of the educational institution that you are associated with, and to establish a user name and password. Xorro will retain this information and associate it with your Account.
For participants: Xorro collects personal data about you if required by the Facilitator. This may include your first name, last name and a unique identifier (such as student ID or your email address). If collected, this data will be used exclusively to identify your responses.
In addition, if a participant purchases or is provided with a Participant Plus account, Xorro will establish a full account for the participant on the Service. In this case Xorro will store the participants email address, and choice of username and password in addition to name and ID.
Xorro servers automatically record information about participants use of the Service, such as when you log in and submit answers to questions asked by Facilitators. We will associate that information with the relevant Facilitator account. The Facilitators may use those data for academic evaluation purposes. We store and maintain personal and associated account information in order to provide the Service.
Xorro may conduct analyses to study the effectiveness of the Service and thus improve its value. No identification of users will be revealed at any point to any third party. We do not sell, rent, trade or otherwise disclose personal and associated account information about our Web site users.
In addition, to place an order for subscriptions or purchases, Xorro will require that you provide payment information such as credit card numbers and billing addresses and Xorro will also acquire your IP address. Credit card information, including the card number, expiry date and security code, may be securely collected by us and passed directly to payment processors over a secure socket layer. Credit card data is not retained by Xorro in any form.

Use of Your Personal Information

At Xorro, we are committed to protecting the privacy of our users. Xorro does not sell or rent any personal information or personally identifiable information regarding our users to any third party.
Xorro collects statistics to track user trends for our Service, and with the objective of improving the value of our Service to our customers.
Some of these statistics are aggregated (for example, which types of questions are being created by users, or at what hours of the day our servers are most heavily loaded). In these cases, user identifiable data is not being accessed. We collect these statistics to help us to better understand how our Service is being used, and to improve user experience.
In some cases, personally identifiable information about our users activities using the Service is stored. This includes data such as when activities are run, how many participants are accessing these activities, and what proportion of participants are answering questions asked by the User.
In these cases, this data is available only to the user (eg Facilitator), the users Institution Manager(s), and any Xorro personnel responsible for assisting the user with technical or user help. This data will never be shared with any third party.
In order to protect the security of the Service, Xorro routinely collects and stores information such as Users IP addresses, into a log file. This may be used to identify and contain potential security risks to the Service.
You acknowledge that Xorro may use personal information that you voluntarily disclose to us to:

1. Provide you with information about new products, services, newsletters, informative e-mails, and research on future product ideas or improvements;
2. Assist us in creating or providing content that is relevant to you;
3. Provide you with special offers that may be of interest to you and to improve your experience on our Web sites or with our System;
4. Assist us in creating better products and services to meet your needs;
5. Allow you to purchase and download products, obtain access to the System or otherwise engage in activities you select;
6. Provide you with technical support;
7. Help you quickly find software, services or product information important to you;
8. Send transaction-related communications such as welcome letters, and product/service order confirmations. Xorro may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest; and
9. Restrict the availability of some of the products, services and content to certain parts of the world, where required for legal reasons, by using your address, IP address and other information in order to enforce those restrictions.

You may always choose not to provide personal information, but if you so choose, our products and System may not be available to you. You agree that you are under no obligation to provide us with this information and can access many aspects of our Web sites without providing us any personal information.
While using the System and Web site, you may have opportunities to post reviews or other personal information in public forums at your own discretion. Please understand that when you post such information, it is made public and is not subject to this policy. You should exercise caution when deciding to disclose any personal information in a publically available forum such as the Web site and agree to indemnify Xorro for any damages or claims resulting from any of your postings. Xorro is not obligated to monitor postings and at its discretion remove any content submitted.

Disclosure of Your Personal Information

Except as otherwise disclosed to you, Xorro will not sell or rent your personal information to any other party and will only use and disclose your personal information for the purposes for which it was collected as described in this Privacy Policy.
However, you agree that Xorro may disclose your personal information in the circumstances set out below:

• Xorro may disclose your personal information with your prior consent;
• Xorro may be required by law to disclose personal information without your consent in the event of emergency situations or when required by government or other legal authority;
• Xorro may also disclose Account Information to the administration of any institution (at which you are a Facilitator or participant in an activity run by a Facilitator) for administrative purposes. Examples of administrative purposes include (without limitation): the right for the institution to compile a list of Facilitators who use the Services and contact such Facilitators in order to obtain references to evaluate an implementation of the Services.
• Xorro may also disclose personal information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that, where appropriate, any party to whom the information is disclosed is bound by agreements or obligations, and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise;
• Xorro may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, collect debts, to provide data storage, to host websites, to fulfil orders, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need only as necessary to provide services to us. Each company is bound by agreement or obligations with Xorro to implement and maintain reasonable security procedures and practices in order to use and disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise. These service providers are located in the United States, Australia and New Zealand and, as a result, your personal information may be stored, processed or transferred into or out of these countries. We take all reasonable measures and precautions to protect your personal information when it is being handled by our service providers. If you wish to obtain more information on our use of service providers and our policies and practices regarding such service providers, please contact us as set forth below.

How to Opt-Out / Withdraw Consent

You can withdraw your consent for the use of your personal information at any time by requesting the deletion of your Account. Information may be retained by Xorro for audit or archival purposes or as required by applicable federal, state and provincial laws. You can also review and update your personal information.
If you do not wish to receive marketing communications, you may follow the "unsubscribe" instructions included within each e-mail communication or by selecting or deselecting (depending on the service) the appropriate option in your Account settings. Please keep in mind that, even if you choose not to receive marketing communications, you will continue to receive transactional or account communications related to services or products that you have requested (e.g. purchase confirmation e-mails and receipts).

How Long We Keep Personal Information

Xorro maintains information about you for as long as we provide service to you, and longer for related business activities. After information is no longer necessary for our business purposes, we destroy the information unless there is an outstanding request or order to preserve the information or as necessary to meet legal, regulatory, insurance and audit requirements.

Safeguards We Have in Place

Xorro stores and process your personal information on our servers principally in Australia. Accordingly, your data may be available to government bodies or their agencies in those jurisdictions under a lawful order, irrespective of the safeguards we have put in place for the protection of your personal information.
Xorro uses physical, electronic, and administrative safeguards to assist us in preventing unauthorized access, maintaining data accuracy, and correctly using your Personal Information and any Content. We use reasonable efforts to avoid the presence of malware on our site or as part of the Service. Except to the extent due to our gross negligence or wilful misconduct, we expressly disclaim, and you release us from any liability associated with any technical issues caused by the Service, including any malware communicated to your computer or mobile device through any use of the Service.
Except as specified in this Privacy Policy, we use commercially reasonable managerial and technical measures to limit access to your Personal Information and any Content to the employees, agents, and officers of Xorro who need the information for their jobs. Unfortunately, no security system can be guaranteed to be 100% secure. Accordingly, we cannot guarantee the security of your personal information and do not assume any liability for improper access to it. The Internet is not a secure medium and you acknowledge and agree that the privacy of your e-mail communication and personal information can never be guaranteed as any e-mail communication may be lost, intercepted or altered. By using our Web sites, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Web sites and our services.

Access to Your Personal Information

You are responsible for updating and maintaining the truth and accuracy of the personal information you provide to us relating to your Account. If you want to update the personal information you have provided to us, you can do so through the Profile Settings on your Account. You must be signed in to access your Account.
There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. If for any reason we do not provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Collection of Non-Personal Information

You acknowledge and agree that from time to time Xorro, its service providers and business partners may collect non-personal information from your use of our Web site and services such as server log files, environmental variables (such as MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version), device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, mobile unique device ID, other similar information, and from scanning navigational data to collect non-personal information about our users in order to help us deliver better service and user experience. Such non-personal information could include the IP addresses or areas of site being clicked on most frequently. Xorro and our service providers (including ad servers, outbound email vendors, affiliate vendors and search engine advertising agencies, and providers of web analytics tools (specifically but not exclusively Google Analytics, New Relic and Adwords) and business partners may also use "cookies" as well as so-called "pixel tags," "web beacons," "clear GIFs" and other similar technologies to help us deliver better service and user experience and to facilitate your ongoing access to and use of our services.
Xorro uses cookies to understand and save your preferences for future visits and to compile aggregate data about site traffic and site interaction, so that we can offer better site experiences and tools in the future.
Cookies are pieces of data assigned by a web server that uniquely identify the browser on your computer or mobile device. Xorro attempts to install cookies as part of the Service. These cookies enable our systems to recognize you when you access the Service through logging in, and through your subsequent requests of the Service. These cookies are therefore essential to the provision of the Service. If you disable cookies in your browser, or otherwise block or refuse to accept cookies, or delete cookies between uses of the Service, Xorro will be unable to authenticate your requests and you will not be able to access or use the Service.

Privacy Policy Information

If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact us by email at: accounts@xorro.com or by mail at: Xorro Solutions Limited, PO Box 34-619, Birkenhead, Auckland, New Zealand 0626
We will endeavour to answer your questions and advise you of any steps taken to address the issues raised by you.

Hyperlinks

Our Web sites are connected by "hyperlinks" to other websites. You acknowledge and agree that Xorro makes no representation, warranty, covenant, or claim regarding, and Xorro expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resource accessible by hyperlink from our Web sites. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that Xorro monitors, endorses or exerts any control over such website or linked resource whatsoever. You agree that Xorro provides these hyperlinks to you only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement or adoption by Xorro of any such website or linked resource whatsoever.
When you leave our Web sites, you acknowledge and agree that our terms and policies do not govern your access to, and use of, other websites. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any website or linked resource to which you navigate from our Web sites.
Other companies or organizations may have links to their websites in our Service (for example, providers of Learning Management Systems, "LMS"). We are not responsible for how these other companies or organizations collect, use, disclose, or secure the information that you provide to them. If you choose to access a third party website through a link provided as part of our Service, you do so at your own risk and subject to any terms of service or privacy policy (if any) associated with such third party website. Similarly, we use third party-provided APIs and other tools to receive information from accounts to which you give us access (e.g., your email account(s) and your LMS platform). We are not responsible for errors or other issues associated with the functionality of such APIs and other tools.

Social Media Widgets

Our Web site may include Social Media Features, such as the Facebook button and Widgets, such as the Share this button or interactive mini-programs that run on our Web site. These features may collect your IP address, which page you are visiting on our Web site, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

Payment Processors

Xorro uses third party payment processors for our services (for example, PayPal (http://paypal.com)). You acknowledge and agree that Xorro may disclose personal information to these third party payment processors such as your name and email address so that they may contact you directly for personal information such as credit card information. Xorro provides payment processors with the minimal set of personal and billing information required to process your payment and minimize fraudulent payment risk.
You acknowledge and agree that Xorro makes no representation, warranty, covenant, or claim regarding, and Xorro expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any personal information that we disclose on your behalf or you provide to any third party payment processors directly or any other party in relation to purchasing a product or service from our Web sites.
You acknowledge and agree that our terms and policies do not govern any other party. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any third party to which you provide personal information.

Interpretation of this Privacy Policy

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Xorro any obligations, in addition to any rights or obligations imposed by New Zealands applicable privacy laws. Should there be any inconsistency between this Privacy Policy and New Zealands applicable privacy laws, this Privacy Policy will be interpreted to comply with the applicable privacy laws.
Unless otherwise stated above, any services provided by Xorro is controlled and operated by us from New Zealand, and we do not intend that the Xorro Services subject us to the laws or jurisdiction of any state, country or territory other than that of New Zealand. We do not represent or warrant that the services, or any part of the Xorro Services, are appropriate or available for use in any particular jurisdiction. Those who choose to access the services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Xorro Services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.