DigitalXC Privacy Policy

Who are we?

We are DigitalXC. Our address is DigitalXC Inc, 1950 W Corporate Way, PMB #18323, Anaheim, CA 92801, USA.

You can contact us by post at the above address, by email at sales@digitalxc.com or by telephone on  +1 650 319 7249.

The contact details of our Data Protection Officer are:

DPO@digitalXC.com, 9500121762

DigitalXC Inc, 1950 W Corporate Way, PMB #18323, Anaheim, CA 92801, USA

The contact details of our represnetative in the EU are

RICKERT, RECHTSANWALTSGESLLSCHAFT MBH,

-DigitalXC-

Colmantstraße 15 . D-53115 Bonn , Contact: +49 228 74 898 0, Email: kanzalei@rickert.law

The contact details of our representative in the UK are:

Rickert Services Ltd UK

-DigitalXC-

PO Box 1487, Peterborough, Contact: +49 228 74 898 0, Email: kanzalei@rickert.law

How we use your information

1 .When you use our website?

When you use our website to browse our products and services and view the information, we make available, a number of cookies are used by us and by third parties to allow the website to function, to collect useful information about visitors and to help to make your user experience better. Some of the cookies we use are strictly necessary for our website to function, and we do not ask for your consent to place these on your computer. These cookies are shown below.

DigitalXC does not use any third-party cookies

2. When you submit an enquiry via our website

When you submit an enquiry via our website, we ask you for your name, contact telephone number and email address.

We use this information to respond to your query, including providing you with any requested information about our products and services. We may also email you several times after your enquiry in order to follow up on your interest and ensure that we have answered your it to your satisfaction. We will do this based on our legitimate interest in providing accurate information prior to a sale.

Your enquiry is stored and processed as described below

Data Subject Request Received :

The data subject may submit a request via a number of methods, including electronically (via email, our website or via a social media channel), by letter or on the telephone.

Log Data Subject Request

The fact that the request has been received is logged in the Data Subject Request Register and the date of the request recorded.

Confirm Identity of Data Subject

The identity of the data subject must be confirmed via an approved method. More information may be requested to confirm identity if required, and the allowed timescale for responding to a request does not start until the identity of the requester has been satisfactorily established. 

Evaluate Validity of Request

The test of whether the request is “manifestly unfounded or excessive” must be applied.

Compile Requested Information

The relevant information is compiled according to the type of request.

Close Data Subject Request

The fact that the request has been completed is logged in the Data Subject Request Register, together with the date of closure.

We do not use the information you provide to make any automated decisions that might affect you.

We keep enquiry emails for two years, after which they are securely archived and kept for seven years, when we delete them. CRM records are kept for three years after the last contact with you.

3. When you purchase a product from our website

When you purchase products from us online, we ask you for your name, contact telephone number and email address. We also record your user’s name and IP (Internet Protocol) address, which is the address of your computer on the Internet.

We will also send you a receipt via email and we may use your telephone number to contact you regarding your purchase.

We require this information in order to process your payment, deliver your products or services and fulfil our contract with you. We record your user’s name and   IP address in order to store an audit log of transactions.

Your information is stored on our website and on our cloud server, as the location of data storage will be as per your service contract.

We do not use the information you provide to make any automated decisions that might affect you.

We keep your order information for an indefinite period or based on mutually agreed period of service contract, as the licenses we sell for our products do not expire.

Your rights as a data subject

By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate. If we have asked for your consent to process your personal data, you may withdraw that consent at any time.

If we are processing your personal data for reasons of consent or to fulfil a contract, you can ask us to give you a copy of the information in a machine-readable format so that you can transfer it to another provider.

If we are processing your personal data for reasons of consent or legitimate interest, you can request that your data be erased.

You have the right to ask us to stop using your information for a period of time if you believe we are not doing so lawfully.

Finally, in some circumstances you can ask us not to reach decisions affecting you using automated processing or profiling.

To submit a request regarding your personal data by email, post or telephone, please use the contact information provided above in the Who Are We section of this policy.

Your Right to Complain

If you have a complaint about our use of your information, we would prefer you to contact us directly in the first instance so that we can address your complaint. However, you can also contact the Data Protection Commission via their website at dataprotection.ie or write to them at:

Data Protection Commission

21 Fitzwilliam Square South

Dublin 2

D02 RD28

Ireland

Updates to this Privacy Policy

We regularly review and, if appropriate, update this privacy policy from time to time, and as our services and use of personal data evolves. If we want to make use of your personal data in a way that we have not previously identified, we will contact you to provide information about this and, if necessary, to ask for your consent.

We will update the version number and date of this document each time it is changed.

Introduction

At DigitalXC Inc. (“Company” or “We”) we respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit our website, use our products, or retain our services, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• When you visit and look at our Products and Services
• When you enquire about our Products and Services or Contact our Support Services
• When you enter into contract with us and purchase our Products and Services
• When you use our products or services
• When you sign up for our new letters and other promotional materials
• Our website contains links to other websites or could provide service to third parity websites. Our privacy policy applies only to our website, so if you click on a link to another website – or use the service through a third-party provider, you should read their privacy policy.

It does not apply to information collected by

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our website, products, or services. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Data Subject Rights – California Consumer Protection Act (CCPA)

California residents have data subject rights that you should be aware of. We do not resell your Personal Information collected by DigitalXC for any purposes. We do not authorize third parties to use your information except where you have elected us to do so when subscribing or signing up to our employment applications, newsletters, marketing campaigns, and other promotional events as described in this Privacy Notice.

Children Under the Age of 16

Our website, products, and services are not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at legal@digitalxc.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights for more information.

What Personal Information will DigitalXC collect?

By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);

That is about you but individually does not identify you, such as usage information and preferences; and/or

About your internet connection, the equipment you use to access our website, and usage details.

Account and profile information when you register for an account, create or modify your profile, set preferences, sign up for or make purchases through our website.

Content you provide through our products and services, including content that you post, send receive and share.

Information you provide through our support channels, where you submit information regarding a problem you are experiencing with a service or product.

Information we collect automatically when you use a service or product.

Cookies and other tracking technologies to provide functionality and to recognize you across different services and devices.

Information we receive from other sources, such as third-party services, from related companies, social media platforms, public databases, and from our business and channel partners.

Other users of our services or products, who may provide information about you when they submit content through our services.

Other services you link to your account.

Details of transactions you carry out through our website and of the fulfilment of your orders. You may be required to provide financial information before placing an order through our website.

Your search queries on the Website.

You may also provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

How We Process and Use Your Information

We process and use information that we collect about you or that you provide to us, including any personal information:

Purpose

Visitor comments may be checked through an automated spam detection service.

Disclosure of Your Information

• To present our website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfil any other purpose for which you provide it.
• To provide you with notices about your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
• To notify you about changes to our website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
• To manage the delivery of notices, services or products to you;
• To manage and verify your account and identity; and complete transactions with you;
• To enable us to provide our services and perform our services to you;
• To notify you about benefits and changes to the services offered;
• To enable you to participate in promotions, offers and contests;
• To improve our service;
• To send you updates on products, news and event updates offered by the Company, where applicable;
• To maintain records required for security, claims or other legal purposes;
• To respond to any enquiries, complaints, comments or feedback that you submit to us;
• To comply with any regulatory, statutory or legal obligation imposed on us by any relevant authority;
• To develop, market and communicate to you in relation to products and services offered by the Company;
• To contact you for product or customer satisfaction surveys and market research;
• To conduct statistical analysis and run machine learning algorithms, and create a data pool so that we can better understand our customer profile and improve our services to you;
• To produce data, reports and statistics which have been anonymised or aggregated in a manner that does not identify you as an individual;
• To third parties with whom we have contracted to provide services to us (such as analysis on our behalf) for any of the purposes described above. Where we disclose your personal data to third parties, we shall ensure that such data is used only to provide services to us;
• For any other purposes that is required or permitted by any law, regulations, guidelines and/or relevant regulatory authorities.
• For the prevention of crime including but not limited to fraud, money-laundering, and bribery;
• For meeting any legal or regulatory requirements relating to our provision of services and products and to make disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular, code applicable to us or any of our member companies; and / or
• In order to fulfil any purpose directly related to the above purposes

.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.

To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Digital XC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Digital XC about our Website users is among the assets transferred.

To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To fulfil the purpose for which you provide it.

For any other purpose disclosed by us when you provide the information.

With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

To enforce or apply our terms of use or other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Digital XC, our customers, or others.

Consent

By submitting your personal data, you consent to the use of that personal information as set out in this Policy. If we change our Policy, we will publish the amended version on this page and notify you of any changes. Continued use of DigitalXC service will signify that you agree to any such changes. You have the choices about how we process, use and disclose your information. We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising.

If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by contacting us at legal@digitalxc.com

Promotional Offers from the Company

If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to legal@digitalxc.com . If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Targeted Advertising

If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to legal@digitalxc.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Your Right to Your Information

As your data controller, you can reach out to us regarding exercising of any of your data subject rights. You can review and change your personal information by logging into the Website and visiting your account profile page.

You have the right to request access to and/or correct your Personal information and/or limit the Processing thereof. In this respect, you may:

1. Right to access – You have the right to request from us copies of your personal data collected;
2. Right to erasure – You have the right to request that we erase your personal data, under certain conditions;
3. Right to data portability – You have the right to request that we export the data that we have collected about you in a user-friendly format;
4. Right to object/restrict processing – You have the right to opt-out to our processing of your personal data, under certain conditions. You also have the right to opt out of our transferring of your personal data to third parties, under certain conditions.
5. Right to equal services & price – You have the right to fair treatment regardless of your options.

Please note that depending on the information requested and were permitted by law, a nominal administrative fee may be charged. We will endeavor to provide the information back to you as soon as practicable; however we also reserve the right to validate all requests for the authenticity of the request. We may refuse to comply with data access requests in circumstances as provided by the law.

However, DigitalXC has the right to deny access to personal information at discretion:

1. that access to this information will pose a serious threat to the life, health or safety of the individual involved or any other individual;
2. the request for information is frivolous or vexatious; in which case the individual will be asked for a reason for the need to access this information.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Data Retention Policy

We have a retention policy for personal data that we adhere to, in line with legal and statutory requirements. We will retain your Personal information for only as long as necessary to serve the purposes set out in this Privacy Policy in compliance with all statutory and regulatory requirements.  We will take reasonable steps to destroy or permanently anonymize Personal information if it is no longer needed for such purposes. For further details regarding this please contact DPO@digitalxc.com.

Job Applicants

Personal information provided in connection with an application for employment will be used to determine your suitability for a position with DigitalXC and, if applicable, your terms of employment or engagement. Your information may also be used to monitor our recruitment initiatives and equal opportunities policies. Your details may be disclosed to third parties to verify or obtain additional information including education institutions, current/previous employers and credit reference agencies. Credit reference agencies record these searches and you can contact us to find out which agencies we used. Unsuccessful applications may be retained to match your skills to future job opportunities.

Breach of Information

In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.

GDPR COMPLIANCE STATEMENT

We respect and comply with the EU General Data Protection Regulations (GDPR).  If you are an EU individual submitting your Personal Information to us, you have data subject rights that you should be aware of. As your data controller, you can reach out to us regarding exercising of any of your data subject rights.  We comply to GDPR in the following ways:

Consent

We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.

Breach Notification

In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.

Right to Access

Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.

Right to be Forgotten

Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.

Data Portability

We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine-readable format’ and you have the right to transmit that data to ‘controller’.

Cookies

Information We Collect Through Google Analytics

As you navigate through and interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our website.

Where do we store your data?

In Short: We may transfer, store, and process your information in countries other than your own. Our compute resources are located in processing country, but we may utilise Hybrid Cloud solutions in other regions as well based on the services provided by DigitalXC. We will however take all necessary measures to protect your personal information in accordance with this privacy policy by combining Reasonable Safeguards, Adequate Data Protection Laws, and Explicit Consent.

Privacy by Design

We implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.

Should you have any questions about the processing of data or this privacy policy, you should contact our support using

In the case you need additional assistance as a result of concern in regards to our DPO decision, you have a legal right to contact European Data Protection Board in your country of residence. For more information about Member Organisations please follow the link:

https://edpb.europa.eu/about-edpb/board/members_en

Privacy Policy Of Other Websites or Companies

Our website contains links to other websites or could provide service to third parity websites. Our privacy policy applies only to our website, so if you click on a link to another website – or use the service through a third-party provider, you should read their privacy policy.

Changes to Our Privacy Policy

We reserve the right to modify or amend this Policy from time to time without prior notice.

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this privacy policy to check for any changes.

Contact Information

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

To ask any further questions or comment about this privacy policy and our privacy practices, contact us at:  DPO@digitalxc.com

To register a complaint or concern, please email us at legal@digitalxc.com