PRIVACY POLICY

Data protection is of a particularly high priority for the management of XPLR, S.A. (X-Plora) in accordance with General Data Protection Regulation (GDPR) - Regulation (EU) 2016/679, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Our Privacy Policy provides information on the processing of your personal data as a result of being a user of X-Plora or part in any interation with us.

X-Plora is an App that guides users on a visit to an interpretive center, a city or a park, in a totally immersive and interactive way.

X-Plora includes two options for having experiences namely Virtual Tour and Augmented Tour.

Augmented Tour is basically a mobile specific application where one can have access to Tours and Venues who has hosted their content and experiences (such as Audio, Video, 3D Model, 360 Images and Videos, Timeline and others). Virtual Tour is a web based application to visit 360 panorama images with hotspots to access the links, collection, product or related experience.

Who is the controller of your data?

XPLR, S.A. is a company registered in Portugal, with registered number 515 521 698 whose registered office is at Cais das Pedras, n.º 08 – 3.º Direito Tras., 4050-465 Porto, Portugal.

Why does X-Plora process your personal data?

“Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

We process your data lawfully, fairly and in a transparent manner in relation to the data subject, which is collected for specified, explicit and legitimate purposes. X-Plora process your data in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

When you send confidential information through the website or App, your information is protected both online and offline. Only employees or processors who previously provided sufficient guarantees to implement and ensure the protection of the rights of the data subject, have access to personally identifiable information.

User service and relationship management

  • We have three segments for accessing X-Plora:
  • Augmented Tour is basically a mobile specific application where one can have access to Tours and Venues who has hosted their content and experiences (such as Audio, Video, 3D Model, 360 Images and Videos, Timeline and others). Virtual Tour is a web based application to visit 360 panorama images with hotspots to access the links, collection, product or related experience.
  • One in which we are allowing you to navigate through the app simply by allowing to skip registration.
  • Another one in accordance with registered information such as Name (Mandatory), Email (Mandatory), User generated Password, Avatar (Optional), Country (Optional), Age (Optional), Gender (optional) and Location(optional) in order to provide related content.
  • Social login is also an option for those who do not want to fill in with manual information. Facebook, Google and Apple Logins are the options available where we seek only for basic information i.e. Name, Email and Respected platform user id.

Offers

You can at any time stop receiving General Offers by contacting us on [email protected] We will delete or render anonymous any personal data that is no longer needed to serve you with Offers.

As a user of X-Plora, user of the App or user of the Website, you may receive general offers and information from us. Where required by law, we will only send you general offers where you have consented to receive such information.For sending you general offers, we may process the personal data provided by you (including your name and e-mail address). You may receive current offers by regular mail, email, SMS, through the Website, App (through push notifications), social media, coupons or any other digital channels used by you.With general offers, we would like to notify you of X-Plora products, events and promotions that may be of interest to you. Such offers may include but are not limited to the issue of:

  • electronic newsletters with offers and general information;
  • discount coupons for shows, events or shop products of selected partners.

Personalised

You can at any time stop receiving Personalised Offers by contacting us on [email protected] We will delete or render anonymous any personal data that is no longer needed to serve you with Offers.

As a user of X-Plora, user of the App or user of the Website, you may receive offers from us that are tailored towards your personal preferences based on analyzing your App usage history, your participation in promotions, surveys and your use of Websites, Apps and other digital channels.

With this offers, we would like to notify you of our products, events and promotions that we intend to be in your best interest. Such offers may include but are not limited to the issue of, discount coupons for shows, events or shop products of selected partners. You may receive this offers by regular mail, email, SMS, through the Website, App (through push notifications), social media, coupons or any other digital channels used by you.

In order to provide you with personalised offers, X-Plora needs to know your preferences. Therefore X-Plora will analyse:

  • Your use of the Website, App and e-mails you receive from us:this includes data regarding such as (i) time and place of using the App and your favourite Point of Interest and Tours within the App (ii) the links you click and content you interact with (iii) the number of times you login, (iv) your location based on your IP-address, (v) how you respond to or engage with e-mails sent by us, and (vi) how you use the App (including your location and access to camera as obtained through our App if this is something that you have previously consented);
  • Your participation in our promotions;
  • Your responses to surveys.

Contacts

If you contact X-Plora with a question or a complaint, we will probably ask you for more information in order to respond to your enquiry. If your question or complaint is related to the usage of the App, we may ask for additional data to confirm your identity. We may also review your user history including time of when the App was used, parts of the App visited, information accessed and location to improve user service.

To be able to respond appropriately to your question or complaint, we note details of your question or complaint in our user database.

Development and improvement of products and services

X-Plora regularly conducts market research with its users through the use of surveys. We use your responses to such surveys for quality assessments and to improve your user experience.

We use any personal data supplied to improve our user support services. We may also use personal data supplied to improve user service or respond to an enquiry related to the App.

Technical and functional management of the Website and App

When you visit or use the Website or App, we process some technical information about you (such as your IP address, your location as obtained through our App if this is something that you have previously consented to, point of interest you interact with the pages you accessed, the links you clicked through, time spent within the App, audio files you listened to) to provide you the functionalities of our services and to manage them.

As user we will need your consent to host your content and publish in X-Plora SaaS product.

We process technical data such as the IP address, your location and recorded journeys and vehicle co-ordinates, speed and acceleration on X-Plora Drive of your computer, tablet or smartphone, details of the pages you have visited on the Website or App, the web browser you use to surf, previous/subsequent sites that you have visited and the length of your visit/session.

In the App you may find a number of links to other websites or applications, in particular for the purposes of completion of mobile payments. Although these websites or applications are selected with care, we are not responsible for the processing of your personal data through these websites or applications.

The generation of management information and statistical data

X-Plora performs research into market trends through statistical analysis. We use the results of such research to evaluate our current products and services and to adapt our products, marketing and services to new developments. The research results are only reported on an aggregate basis.

Feedback and forum facilities

If at any time this App offers any feedback and/or forum facilities (or similar), X-Plora may collect the information that you disclose in using such facilities. Such information will be used in accordance with this Privacy Policy. Please note that X-Plora cannot be held responsible for other parties' use of the personal data which you make available to such third parties through any feedback or forum facilities in this application.

Which cookies does X-Plora use?

The Website and/or App uses cookies or similar technology.

A cookie is a small text file that is sent to your internet browser so that we are able to recognize your browser when you return.

We use cookies for authentication, user session authentication, preferences and movements around the site, anonymous and aggregate marketing analyzes, performance analysis, redirection and aggregate trend control.

X-Plora and its authorized service providers may use small graphic images known as ‘clear GIFs’ that work in conjunction with cookies to identify you and your use of the Website and/or App. X-Plora and such service providers may also use other technologies to store information in your browser using local shared objects or local storage, such as HTML 5 cookies, flash cookies and other web application software methods.

Using these technologies we can collect data on the use of the Website and/or App such as which pages are visited, your interaction with information on the Website and the duration of your visit.

Functional cookies – cookies that are essential in providing the functionalities of the Website and/or App. For instance, the cookies remember your preferences, such as language and region, which remain as your default settings when you revisit the Website and/or App. However, should you wish to do so, you can choose to reject or block the cookies set by X-Plora by changing your browser settings – see the Help function within your browser for further details.

Web analytics cookies – X-Plora may use third party cookies for web analysis. Such cookies allow us to analyze the usage of the Website and/or App. This relies on aggregated statistical data that X-Plora’s authorised service providers provide us and allows to understand the way you use the Website and/or App. X-Plora and such service providers may only provide such data to third parties if this is required by law.

Advertising cookies – X-Plora may use third party cookies for advertising purposes. We may use authorized service providers to serve advertising on the Website and/or App and other websites on the internet. Such service providers may place cookies on your browser, and may collect information that helps them identify your device, such as IP-address, or other unique or device identifiers.

You can also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. For information on the use of cookies in mobile phone browsers and for details on how to reject or delete such cookies, please refer to your handset manual.

X-Plora does not retain a cookie longer than necessary. We use session cookies and permanent cookies:

  • A session cookie can track usage such as the webpages you visit and what options you use. When you close the internet browser, the session is ended and the cookie is deleted.
  • A permanent cookie enables the Website and/or App to recognize you at a subsequent visit. It remains on your system until you delete it. Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies.

Your Privacy Rights

You have the following rights regarding the processing of your Personal Data:

Right to information

Right to receive information about the processing of your personal data, prior to processing as well as during the processing, upon request.

Right of access

Aside from the information about the processing of your personal data, you have the right to receive a copy of your personal data undergoing processing.

Right to rectification

We should process accurate personal data; if you discover inaccuracy, you have the right to seek rectification of inaccurate personal data.

Right to erasure ('right to be forgotten')

You have the right to erasure of your personal data, but only in specific cases stipulated by law, e.g., if there is no legally recognized title on our part for further processing of your personal data.

Right to data portability

The right to receive personal data which you have provided and is being processed on the basis of consent or where it is necessary for the purpose of conclusion and performance of a contract, in machine-readable format. This right applies exclusively to personal data which processing is carried out by automated means.

Right to object

Applies to cases of processing carried out in legitimate interest. You have the right to object to such processing, on grounds relating to your particular situation, and we are required to assess the processing in order to ensure compliance with all legally binding rules and applicable regulations. In case of direct marketing, we shall cease processing Personal Data for such purposes after the objection.

Right to withdraw consent

In the case of processing based on your consent, you can withdraw your consent at any time, by using the same method (if technically possible) you used to provide it to us. The withdrawal of consent shall not affect the lawfulness of processing based on your consent before its withdrawal.

Right to restriction of processing

You have the right to restriction of processing of your personal data if: You are contesting the accuracy of your personal data, for a period enabling us to verify the accuracy of your personal data; the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead; we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or you have objected to processing of your Personal Data, and there is a pending verification whether our legitimate grounds override your interests.

Right to contact supervisory authority, court

You may contact and lodge a complaint with the Portuguese supervisory authority – “Comissão Nacional de Proteção de Dados” – www.cnpd.pt or your local authority or a relevant court.

The fulfillment of data subject rights listed above will depend on the category of Personal Data and the processing activity. In all cases, we strive to fulfill your request.

Upon your request to discontinue your participation as a registered App and/or Website user we will delete your account given reasonable time. We will also close or deactivate inactive user accounts and close accounts that are used in violation of this Privacy Policy or applicable Terms and Conditions. Personal data from closed or deactivated accounts will be deleted or rendered anonymous as soon as is reasonably possible. Under certain circumstances we will retain personal data from closed or deactivated accounts for longer, such circumstances being the prevention of fraud or to otherwise take actions permitted or required by law.

To exercise any of your rights, or if you have any other questions or complaints about our use of your Personal Data and its privacy, contact us on [email protected]

In the case of a personal data breach, the X-Plora shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.

X-Plora may disclose your personal data to any of the following:

  • Authorized third party companies involved in the operation of the the App or the Website, such as any other company that is permitted to supply content and/or services to the App and/or the Website users;
  • Authorized third party companies involved in the processing of information generated by using the App, or to our representatives and advisors, such as lawyers and accountants, to help us comply with legal and security requirements;
  • Any person to whom X-Plora proposes to transfer any of its rights and/or duties due to the event of a sale, merger, consolidation, liquidation, reorganization or acquisition. In this case, we will notify the public of the change by posting a notice on our website;
  • To meet legal requirements, such as compliance with court orders, request for information, valid summons or other appropriate legal mechanisms;
  • Process and defend a judicial, arbitral or judicial proceeding;

Changes to this Privacy Policy

We reserve the right to revise or modify this Privacy Policy at any time. In addition, we may update this Privacy Policy to reflect changes to our data practices. All changes will take effect immediately after being posted on our website. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. If you are opposed to changes in our privacy policy, you should stop using our services. We encourage you to periodically review this page for the latest information on our privacy practices.