Privacy Notice

Effective date: May 15, 2024

This Privacy Notice (the "Notice") describes how Xender (HK) Limited ("Xender", "we", "our" or "us") collects and processes personal information through the Xender App (the "App") and www.xender.com (together, the "Services").

If you are using the Services in regions other than the United States, this Privacy Notice shall apply.

If you are a California resident, please also read "Privacy Notice for California Residents."

1. PERSONAL DATA THAT WE COLLECT

Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified. We collect personal information from a variety of sources, including information we collect from you directly (e.g., when you contact us); information we generate about you in the course of our relationship with you; and information we collect about you from other sources, including third party services (such as third-party social media companies, advertising partners, and analytics providers). We may also collect certain personal information about you as required by law, or as a consequence of our contractual relationship. Failure to provide this information may prevent or delay the fulfillment of these obligations.

We may collect the following types of personal information from and about you:

  • Identifiers such as a nickname, telephone number, email address, profile ID, unique personal identifier, online identifier, account name, IP address, or other similar identifiers;
  • Demographic information, including characteristics that may be protected by law such as gender or age range;
  • Internet or other electronic network activity information, such as the data we receive when you interact with our Services (e.g., your search history, log data, or actions you take within the App), information about your network, carrier, or device (e.g., your operating system, system language and region, device version, and device identification number, and the information about other apps you have installed;
  • Coarse geolocation data, such as location information we receive about you, e.g., based on your IP address, WiFi SSID;
  • Information regarding your in-app purchases. If you make any in-app purchases, your purchase will be made via your App account and we may keep a record of the purchases you make. Please review the relevant app store's terms and notices to learn about how your data is used; and
  • Any information you include in your publicly-visible App profile or which you or others make available to us or the public (e.g., your profile images, your social media profile information if you use your social media account to log in to Xender, or your comments on the videos publicly circulated on the App or feedback you leave).

2. HOW WE USE YOUR PERSONAL INFORMATION

We may use your personal information for the following purposes:

  • Identification and authentication: We use your identification information to verify your identity when you register for or access and use our Services, or otherwise engage with us, and to ensure the security of your personal information, such as to detect and prevent fraud, abuse, or illegal actions.
  • Service operations: We process your personal information to provide the Services, such as to recommend content and connect you with other users. We use the information of the other apps you have installed to provide you with the App's core functionality, which is peer-to-peer transmission service.
  • Service improvements: We analyze usage information, including site analytics, to continually improve the user experience.
  • Communications: Communications may include providing information about changes to the terms and conditions, updates regarding our Services, information regarding new Services or features, or responses to questions you pose.
  • Advertising and Marketing: We may use your personal information to build a profile about you, to understand your preferences, and to help determine which marketing materials would be of interest to you.
  • Exercising our rights: We may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect, prevent, and respond to intellectual property infringement claims or violations of law.
  • Complying with our obligations: We may process your personal information to carry out fraud prevention checks or comply with other legal or regulatory requirements, when required by law.
  • Customizing your experience: We may use your personal information to improve your experience of the Services, such as by providing interactive or personalized elements on the Services and providing you with content based on your interests.

We may also anonymize your personal information in such a way that you may not reasonably be re-identified by us or any other company, and may use this anonymized information for any other purpose.

3. HOW AND WHEN WE SHARE YOUR PERSONAL INFORMATION

We may share your personal information as follows:

  • With our service providers, business partners, and other third parties that provide services to us in connection with our business operations, in each case consistent with the terms of this Notice. For example, we may share personal information with these entities to help us store, manage, and analyze our data; deliver marketing communications; and authenticate users.
  • With our affiliate companies for the purposes of processing, analyzing, or storing your information or otherwise as needed to provide the Services to you or achieve other purposes for which we collect information, in each case, consistent with the terms of this Notice.
  • With law enforcement agencies, courts, other government authorities or other third parties where we believe it's necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
  • With potential transaction partners, service providers, advisors, and other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell or transfer all or a portion of our assets or business. Should such a sale or transfer occur, we will use reasonable efforts to obligate the entity to which we transfer your personal information to use it in a manner consistent with this Notice.

4. CHILDREN'S INFORMATION

The Services are not directed to children, and Xender does not knowingly collect any personal information from children under the age of 13 or knowingly allow such person to register on Xender. In the event that we are notified that we have collect personal information from a child under the age of 13 without parental consent, we will suspend the account and delete relevant information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at: legalsupport@xender.com.

5. Your Rights

You have the following rights in connection with your personal information we collected under this Privacy Notice:

  1. the right to ask us to confirm whether we process your personal information and, where technically feasible, request a copy of the personal information we have collected from you pursuant to this Privacy Notice;
  2. the right to request us to correct or update your personal information. You may also correct or update some of your personal information on the Services; and
  3. the right to request us to delete all or some of your personal information.

Where our processing of your personal information is based on your consent, you also have the right to withdraw your consent at any time. Please be aware that we may continue processing your personal information despite your withdrawal of consent if we have another lawful basis for doing so. Please also note that if you withdraw your consent, you may not be able to continue to use certain features of the Services.

To exercise any of your rights, you may contact us pursuant to Section 9 (Contact Us). In order to protect your privacy, we may require additional information or documents from you to verify your identify before we process your request.

6. DATA SECURITY AND RETENTION

We implement technical and organizational measures to ensure a level of security appropriate to the risk to the personal information we process. These measures are aimed at ensuring the ongoing integrity and confidentiality of personal information. We evaluate these measures on a regular basis to ensure the security of the processing.

We retain your personal information for as long as we have a relationship with you. After our relationship has ended, we retain your information for as long as required by law. We may also retain records to investigate or defend against potential legal claims.

7. INTERNATIONAL DATA PROCESSING & TRANSFER

Information collected through the Services will be processed in and subject to the laws of the United States, which, if you are not located in the United States, may not provide the same level of protection for your personal information as your home country, and may be available to the United States government or its agencies under a lawful order made in the United States. In addition, we may transfer your information outside the United States to our affiliates, business partners, and service providers located in other countries.

We have put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to provide adequate protections for your personal information. For more information on the appropriate safeguards in place, and to obtain a copy of such safeguards, please contact us at the contact information set forth below.

8. Third-Party APIs

Please note that we are using YouTube API Services (defined in YouTube's Terms of Services). By using the Services, you are agreeing to be bound by the Google Privacy Policy (https://www.google.com/policies/privacy).

9. CONTACT US

If you have questions or concerns regarding the way in which your personal information has been used, please contact us at legalsupport@xender.com.

10. CHANGES TO THE NOTICE

If we update this Notice, we will notify you by posting a new Privacy Notice on this page. If we make any changes that materially change the ways we process or protect your information, we will provide additional notification of the changes.