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PRIVACY POLICY.

Last updated: 5 February, 2026
 

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your Personal Data when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal Data to provide and operate the Service. By using the Service, You agree to the collection and use of Personal Data in accordance with this Privacy Policy. 


1.  Interpretation and Definitions

1.1  Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 


1.2  Definitions
 

For the purposes of this Privacy Policy:
 

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • AI Analysis Data means results, feedback, scores, reports, or other outputs generated by the Service through automated analysis of submitted content.

  • Application means the software program provided by the Company and made available to You for download on any Device.

  • Audio Data means audio content submitted by You or extracted from submitted video content in connection with the Service, including for the purpose of generating automated analysis or feedback.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Privacy Policy) refers to Xolvit Pty Ltd, ABN 44 663 092 715.

  • Country refers to Australia.

  • Device means any device that can access the Service such as a computer, tablet or mobile device.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Service means the Application, any websites or online platforms operated by the Company, and any related services or platforms operated by the Company.

  • Service Provider means any natural or legal person who processes the data on behalf of the Company or who assists the Company in operating the Service, including third-party companies or individuals engaged to facilitate the Service, provide infrastructure, perform analytics, provide artificial intelligence services, deliver communications, or provide other support services.

  • Third-party Social Media Service refers to any website or any social network website through which You can log in or create an Account to use the Service.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Video Data means video content submitted by You through the Service or linked through a third-party platform (such as YouTube).

  • You (referred to as either “You” or “Your” in this Privacy Policy)  means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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2.  Collecting and Using Your Personal Data
 

2.1 Types of Data Collected
 

2.1.1 Personal Data
 

While using the Service, We may collect Personal Data that can be used to contact or identify You and to provide the features of the Service. Personal Data may include, but is not limited to:
 

- Email address
- First name and last name
- Profile information and any other information You choose to provide when creating or updating Your Account
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Year of birth
- Content You submit through the Service, including links to video submissions hosted on third-party platforms (such as YouTube), audio recordings, or video recordings where only the audio component is processed
- Brand engagement survey responses submitted in connection with challenges
- Usage Data


Certain Personal Data, including Your name, profile information and submitted content (or links to such content), may be visible to other registered users of the Service in connection with challenge participation, user profiles and networking or messaging features.

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The Service also allows users to connect with each other and exchange messages. Information You share through these features may be visible to other users in accordance with how You use the Service. You are responsible for the information You choose to include in Your profile or share with other users.
 

2.1.2 Usage Data
 

Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol (IP) address, browser type and version, operating system details, the pages of the Service that You visit, the time and date of Your visit, the time spent on those pages, unique Device identifiers, and other diagnostic data. We may also collect information that Your browser sends whenever You visit the Service.


2.1.3     Information from Third-Party Social Media Services
 

The Company may allow You to create an Account and log in to use the Service through Third-party Social Media Services such as: 
 

- Google
- Facebook
- X (formerly Twitter)
 

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal Data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account. You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

 

 

2.1.4 Information Collected while Using the Service
 

While using the Service, in order to provide its features, We may collect or process audio content submitted by You, and links to video content hosted on third-party platforms (such as YouTube) in connection with challenge submissions.


In connection with challenge submission features of the Service, You may be directed to upload video content to third-party platforms (such as YouTube). In such cases, the Company stores only the video link and associated metadata and does not host or store the underlying video file. The linked video may be made available for playback and review through the Service via embedded third-party players.
 

For challenge submissions, audio is extracted from linked video content solely for transcription and automated scoring, in order to generate reports that are shared with the organisation hosting the relevant challenge.

Where audio or video content is submitted directly for automated analysis features of the Service (such as PresX), the Company processes only the audio component. If a video file is provided, the video portion is discarded and not retained.
 

We use this information to provide features of the Service, including generating automated feedback, scoring, reports and insights. The information may be transmitted to the Company’s servers and/or a Service Provider’s servers for these purposes. You can control access to this information by choosing whether or not to use relevant features of the Service.

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2.2 Audio Processing and AI Analysis
 

This section applies only to automated analysis features of the Service.

Certain features of the Service provide automated analysis, feedback, scoring or reporting based on submitted spoken content, including audio extracted from video submissions. In such cases, Audio Data may be transmitted to third-party artificial intelligence service providers (such as OpenAI) solely for the purpose of processing that Audio Data and generating the AI Analysis Data.

The Company does not use Video Data for automated analysis. Where audio or video content is submitted for analysis, only the audio component is processed. Any video component is discarded and not retained.

Audio Data is processed for automated analysis and may be retained temporarily (for example, for up to three months) to support playback or operational features of the Service, after which it is deleted in accordance with the Company’s retention practices. The Company retains only the resulting AI Analysis Data (such as feedback, scores or reports) on an ongoing basis.

The Company does not use identifiable Audio Data, Video Data or AI Analysis Data to train its own artificial intelligence models. Third-party AI service providers engaged for audio processing are contractually restricted from using such data for their own purposes, including for training their models, except as required to provide the Services or by law. Under applicable API terms, inputs and outputs may be retained briefly (for example, up to 30 days) by such providers for abuse monitoring purposes, after which they are deleted.

 

2.3 Brand Engagement Survey Data

 

As part of participating in challenges on the Service, You are required to complete a brand engagement survey in order to submit an idea. Completion of the survey is a mandatory part of the challenge participation process.

The Personal Data collected through brand engagement surveys may include responses, opinions, preferences and other feedback relating to the brand or the challenge. This Personal Data collected through brand engagement surveys is used to operate the Service and to generate reports, insights and analytics.

Brand engagement survey data is shared with the organisation hosting the relevant challenge in de-identified or aggregated form and may be used by that organisation in accordance with its own policies and practices.

Brand engagement survey data is collected only in connection with challenges on the Service and is not collected as part of the general use of the Service.

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3. Use of Your Personal Data
 

The Company may use Personal Data for the following purposes:
 

- To provide and maintain our Service, including to monitor the usage of our Service.

- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

- To contact You: to contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

- To provide You with news, special offers and general information about other goods, services and events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.

- To manage Your requests: To attend and manage Your requests to Us.

- For business transfers: We may use Your Personal Data to evaluate or conduct a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

- For other purposes: We may use Your Personal Data for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and Your experience.

- To generate automated feedback, scores, reports and insights based on submitted audio content.
- To display or link to video submissions hosted on third-party platforms (such as YouTube) in connection with challenge features of the Service.
- To share AI Analysis Data (such as reports and scores) with organisations hosting challenges as part of the Service.
 

4.  Sharing of Your Personal Data
 

We may share Your Personal Data in the following situations:

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- With Service Providers: We may share Your Personal Data with Service Providers to monitor and analyse the use of our Service, provide cloud hosting and infrastructure, and perform automated audio analysis and reporting (including with third-party artificial intelligence providers such as OpenAI).

- With Challenge Hosts: Where You participate in challenges on the Service, AI Analysis Data (such as reports, scores or evaluation outputs) and brand engagement survey responses may be shared with the organisation hosting the relevant challenge.

- For business transfers: We may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business.

- With Affiliates: We may share Your Personal Data with Our Affiliates, in which case we will require those Affiliates to honour this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

- With business partners: We may share Your Personal Data with Our business partners to offer You certain products, services or promotions.

- With other users:  Where You participate in challenges on the Service, Your submitted content (including links to video submissions hosted on third-party platforms such as YouTube), Your name, profile information, and other information You choose to provide may be visible to other registered users of the Service. The Service also allows users to connect with each other and exchange messages. Personal Data You share through these features may be visible to other users in accordance with how You use the Service. Please be aware that any Personal Data You choose to make public or share with other users through the Service may be viewed, collected, or used by those users.

- With Your consent: We may disclose Your Personal Data for any other purpose with Your consent.

- For legal requirements: We may disclose Your Personal Data where required to do so by law or in response to valid requests by public authorities.

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5.  Retention of Your Personal Data
 

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
 

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except where such data is used to improve the security or functionality of the Service, or where the Company is legally required to retain it for longer periods.
 

In connection with challenge submission features of the Service, where video content is hosted on third-party platforms (such as YouTube), the Company retains only the video link and associated metadata in its systems. These references are retained until You delete your submission or Your Account is deleted. The underlying video remains hosted by the third-party platform and is subject to that platform’s retention practices.


In connection with automated analysis features of the Service, Audio Data submitted for analysis and any video components submitted for analysis are processed and stored only as necessary to generate the AI Analysis Data and support playback or operational features, and then removed from the Company’s active systems. Audio Data may be retained in temporary storage (for example, for up to three months to allow playback) and then deleted automatically via lifecycle policies, subject to legal obligations. Only the resulting AI Analysis Data (such as feedback, scores or reports) is retained until You delete it or Your Account is deleted.
 

When You delete content or Your Account is deleted, associated stored content and references will be removed from the Company’s active systems within a reasonable period, noting that limited copies may persist in backup systems or where required by law.
Where AI Analysis Data, reports or evaluation data have been shared with a challenge host or other third party as part of the Service, that third party may retain such information in accordance with its own policies and legal obligations.


6.  Transfer of Your Personal Data
 

Your Personal Data is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

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Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of Your Personal Data.
 

7.  Disclosure of Your Personal Data
 

7.1 Business Transactions
 

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice where reasonably practicable before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
 

7.2  Law enforcement
 

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

7.3  Other legal requirements
 

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of users of the Service or the public
- Protect against legal liability

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8.  Security of Your Personal Data
 

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

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9.  Children's Privacy
 

The Service is not intended for use by children under the age of 13 without the involvement or consent of a parent, guardian, or educational institution.

 

In some cases, the Service may be made available to students through schools, universities or other educational organisations. Where this occurs, the relevant institution is responsible for obtaining any required consents and authorisations from students and/or their parents or guardians.
 

The Company does not knowingly collect Personal Data directly from children under 13 except where access to the Service is provided through an educational institution or with appropriate consent. If You believe that a child has provided Personal Data to Us without appropriate consent, please contact Us and We will take reasonable steps to remove such information from Our systems.


10.  Links to Other Websites
 

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the privacy policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

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11.  Changes to this Privacy Policy
 

We may update this Privacy Policy from time to time. When We do, We will update the “Last updated” date at the top of this Privacy Policy and publish the revised version on this page. Where reasonably practicable, We may also notify You of material changes via email and/or a prominent notice on the Service.

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You are encouraged to review this Privacy Policy periodically to stay informed about how We protect Your Personal Data. Changes to this Privacy Policy are effective when they are posted on this page.

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12.  Contact Us
 

If you have any questions about this Privacy Policy, You can contact us at info@xolvit.io

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