By accessing the Site or using the Software, you agree to the terms and conditions of this Privacy Policy in its entirety.

• We collect information about you, how you use the Site, and how you use our Software, products and/or services.
• We collect Anonymous Data and Application Data (as defined below) to make our website and our Software, products and/or services more useful to you.
• If we do collect Personal Data (as defined below), we will only use this information for lawful purposes and will store and retain this information for as long as required by applicable law.
• You can contact us any time to update or remove any Personal Data that we have collected and stored about you.

Thank you for visiting www.xiaoyalab.com (the “Site”, “we”, “us”, or “Xiaoyalab”). Xiaoyalab is committed to protecting your privacy. We have prepared this privacy policy (“Privacy Policy”) to describe to you and to outline our practices and policies associated with any information (such as the Application Data, Anonymous Data, and Personal Data, each as defined below) that we may collect from you, or that you may share with us when you access or use the Site, use any Xiaoyalab software application (the “Software”), or use any related products, software, and/or services.

 

Lawful Basis for Processing Data

In certain jurisdictions, the processing of your Personal Data (as defined below) is lawful only if it is permitted under data protection legislation. In this case, we have a lawful basis for each of our processing activities (unless an exemption applies) as outlined below:

• Consent. By using the Site, the Software, or otherwise submitting your Personal Data to us, you consent to our collection, use and sharing of your information as described in this Privacy Policy.
• Legitimate Interest. We will process your Personal Data based on Legitimate Interest, and particularly where it is used for marketing and business purposes, and to contact you to start a conversation regarding your use of the Site or the Software.
• Contract. We may process your Personal Data where such processing is required in order to fulfill an agreement or contract with you.
• Legal Obligation. We may also process your Personal Data based on other lawful basis such as where the processing is necessary to comply with applicable law.

 

How We Collect and Use Personal and Anonymous Data

When you access the Site, download trial or evaluation versions, purchase or register for any Software or any associated software, products and/or services, or use the Software, we may collect Personal Data and Anonymous Data from you. We may also collect Personal Data and Anonymous Data when you send us information or communications. “Personal Data” means data that allows someone to identify or contact you, including, for example and without limitation, your name, phone number, physical address, Internet Protocol (IP) address, credit card information, and email address for the purposes of recording the transaction when you access the Site or when you use any of the Software or any associated products and/or services. “Anonymous Data” refers to data about you that is not associated with, or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. In most cases, Personal Data collection occurs when you provide such data directly to us, or if such information and data is required in order for us to provide the Software and related products and/or services to you.

To make our website and Software more useful to you, our servers (which may be hosted by a third-party service provider) may collect Personal Data, Anonymous Data, or Application Data from you such as browser type, operating system, Internet Protocol (IP) address, domain name, Software usage and statistics, and/or a date/time stamp of your visit. We may also use cookies and navigational data like Uniform Resource Locators (URL) and referring URLs to gather information regarding the date and time of your visit. We may also use Personal Data and Anonymous Data for market research purposes and to improve our products, the Site, and the Software. We may share Anonymous Data with selected third parties and business partners, however, we will not share any Anonymous Data if such information is, contains, or will be linked to your Personal Data, unless we have given you notice, as described in this Privacy Policy, and you have given us authorization to do so. Xiaoyalab will use Personal Data and IP addresses to identify users of the Site and Software if and when we feel it is necessary to enforce compliance with the Site’s policies, or to protect our products, the Software, the Site, or other users of the Site and/or Software.

We may use Personal Data collected from you for the following general purposes:

1. to fulfill your requests for our Software, products, and/or services;
2. to improve the Site, Software, products, and/or services;
3. to contact you to resolve problems;
4. to send you information about the Software, products, and/or services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
5. to communicate with you about products and services offered by us and our selected partners;
6. to engage with third-party service providers so that you can access and use the Software, products, and/or services; and
7. to periodically conduct product and market research regarding your use of the Software, products, and/or services.

If and when we use a third-party payment processing merchant, third-party technical support provider, or third-party hosting provider, we ensure that the same privacy criteria, as defined herein, are in place with such third parties. We do not knowingly collect personal information from persons under the age of eighteen.

We offer you choices regarding the collection, use, and sharing of your Personal Data. We will periodically send you newsletters and emails that directly promote the use of the Site, the purchase or use of our Software, or the purchase or use of other products and/or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings from us, you may continue to receive future mailings from third parties that you have requested to receive information from. If you do not wish to receive future communications from third-party providers, you should notify them directly of your choice regarding their use of your Personal Data. To opt-out of having future third-party marketing communications sent to you, you will be required to unsubscribe with the applicable third-party providers. Despite your request to no longer receive future newsletters or promotional and marketing communications from us, we reserve the right to continue to send you notices of any updates to the Software, our Terms of Software, and our Privacy Policy.

 

How We Collect and Use Application Data

“Application Data” refers to data about how you use the Software. The Software may collect certain information from you including, but not limited to: User IP addresses, OS version, OS localization, version of the application, localization of the application, device, bug reports, etc. The Software obtains this information as a result of data being sent to our servers from our software “agent” embedded in the Software or on the website that you are accessing. The Software generates a globally unique identifier (“GUID”) that is stored on your computer to uniquely identify it. The GUID is a randomly generated number; it does not contain any Personal Data. The GUID is stored on your computer and sent with every report generated by the Software. The Software does not, and will not, collect any other Personal Data from your computer(s) without your prior approval. Application Data we collect is primarily used to report application usage and statistics, improve the Software, and track the performance of various marketing initiatives. Application Data may also be used by Xiaoyalab to answer questions that customers have about their use of the Software.

 

Sharing of Personal Data

We will never sell, trade, or rent any Personal Data, or any Anonymous Data that may contain Personal Data, to any third-party.

In certain special cases, we may disclose Personal Data when we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be causing injury to you, or is otherwise injuring or interfering with our rights, property or operations, other users of the Software, or anyone who could be harmed by such activities. We may also disclose your Personal Data and any Application Data when we believe the law requires it, or in response to any demand by law enforcement authorities in connection with criminal investigation, or civil or administrative authorities in connection with a pending civil case or administrative investigation.

If we determine, in our sole discretion, that you have engaged in conduct that might be considered unlawful, fraudulent, or might harm or damage the reputation or standing of Xiaoyalab with either the general public or with a business partner or potential business partner of Xiaoyalab, we reserve the right to release your Personal Data to such persons or third parties, as we consider necessary, to prevent you from causing injury to, or otherwise injuring or interfering, now or in the future, with our rights, property or operations or otherwise the rights, property or operations of anyone which could be harmed by such conduct.

 

Cookies and Similar Technologies

A cookie is a small piece of text that is sent to your web browser by the Site. The cookie helps the Site remember information about your visit, which makes your next visit to the Site easier and the Site more useful to you. We also use cookies for tracking and reporting purposes, to make the ads that you may see more relevant to you, and to count how many visitors we receive to a page on the Site. The information collected by cookies is used to enhance your experience with on the Site, for marketing analysis, for targeted and display advertising, and for quality improvement of the Site and the Software. No personally identifiable information is collected or stored by Xiaoyalab during this process. We may use your IP address to identify your general location for traffic monitoring purposes. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.

If you opt-out of having your information collected through cookies and other web technologies, your existing display advertising cookie(s) will be deleted and a new cookie will attempt to be placed that instructs third party service providers not to track your future activities when that cookie is detected (a “do-not-track” cookie). If your browsers are configured to reject cookies when you visit our opt-out page, a “do-not-track” cookie cannot be set on your computer. Also, if you subsequently erase “do-not-track” cookies, use a different computer or change web browsers, you will need to opt-out again. We currently do not respond to browser “do-not-track” signals.

 

Third-party Relationships

Third-party Links. The Site and the Software may contain links to other third-party owned and/or operated websites and, where you request information from third-party providers, we may transfer you directly to the websites of such third-party providers. Xiaoyalab is not responsible for the privacy practices or the content of such third-party websites. In some cases, you may be required to provide certain information to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Xiaoyalab has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of such third-party website. These third-party entities are independent third parties and are not affiliated with Xiaoyalab .

Third-party Offers. Xiaoyalab may provide you with the opportunity to receive special offers, products and/or services from third parties. Where you indicate the desire to receive certain offers, products or services from a third-party during the applicable information collection process, your Personal Data that was provided during that information collection process will be shared with the applicable third-party so that such third-party may provide their products and/or services to you so that you do not have to complete another information collection form to purchase or receive that product or service. Clicking on any third-party offers may add and place cookies on your computer prior to directing you to the applicable advertiser’s site. These third-parties have separate cookie polices and Xiaoyalab has no responsibility or liability relating to them. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You are not required to accept cookies, however, if your browser rejects our cookies you may not be able to use all of the Site functionality.

Third-party Technology/Software/Service/Solutions Providers. The Site or the Software may contain certain software technologies and services licensed from third-party providers. Xiaoyalab may engage with certain third-party services and solutions providers such as data hosting service providers, payment processing service providers, and email marketing service providers. These third-party providers have separate privacy and data collection practices and policies, and Xiaoyalab has no responsibility or liability relating to them. We do not endorse, nor are we responsible for the accuracy of the terms and conditions of any third-party privacy policies. These third-party entities are independent third parties and are not affiliated with Xiaoyalab.

Xiaoyalab may be using or sharing your Personal Data for Legitimate Interest purposes with third parties service providers, including without limitation:

• Google Analytics (Traffic/Campaign Monitoring Services); https://policies.google.com/privacy
• MailChimp (Email Marketing Services); https://mailchimp.com/legal/privacy/

 

Security of Data

Xiaoyalab is committed to protecting the security of any Application Data and Personal Data that is collected by Xiaoyalab. We use a variety of industry-standard security technologies and procedures to help protect any Application Data and Personal Data from unauthorized access, use, or disclosure. Despite these measures, no method of transmission over the Internet, or method of electronic storage is 100% secure. Xiaoyalab cannot fully eliminate security risks associated with the collection and storage of any Application Data and Personal Data, including without limitation, any mistakes and security breaches that may happen. While we strive to use commercially acceptable means to protect the Application Data and Personal Data, we cannot guarantee its absolute security. In the unlikely event of a data breach where your Personal Data has been compromised, Xiaoyalabwill promptly notify you, the applicable authorities and supervisory authorities or data protection authorities.

If you are located in the EU/EEA and Xiaoyalabis required to transfer your Personal Data in accordance with this Privacy Policy, we exert commercially reasonable efforts to ensure that any transfer of your Personal Data outside of the EU/EEA is protected under industry standard contractual clauses, and any subsequent data protection safeguards.

 

Data Retention Period

Any Personal Data that is collected and stored by Xiaoyalab will be retained only for as long as required in order to provide certain products and/or services to you, or as required by applicable law. Any Personal Data that is no longer required by Xiaoyalab will be destroyed.

 

Contact Information

If you have any questions regarding this Privacy Policy, would like to review, update or remove your Personal Data, or would like more information on our data collection, usage, and privacy practices, please contact us at:
Xiaoyalab.com
4391 Torquay Dr,
Victoria, BC V8N 3L3 Canada
info@xiaoyalab.com

We reserve the right to limit or deny your request to view, update, or remove your Personal Data if you have failed to provide us with sufficient information to verify your identity.