braXos Security Software, LLC
PRIVACY POLICY
Effective January 1, 2020
THIS PRIVACY POLICY APPLIES TO YOU THE USER (“YOU” AND “YOUR”) AND YOUR ACCESS AND USE OF braXos SECURITY SOFTWARE, LLC’S (INCLUDING ITS AFFILIATES, “braXos”) PRODUCTS AND SERVICES, INCLUDING USE OF braXos’ WEBSITES, MOBILE APPLICATIONS, AND OTHER ONLINE PROGRAMS (COLLECTIVELY, “PRODUCTS AND SERVICES”). BY DOWNLOADING OR USING ANY OF THE PRODUCTS AND SERVICES, YOU ARE AGREEING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THIS PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE ANY OF THE PRODUCTS AND SERVICES.
By using the Products and Services, You may be providing braXos with
information relating to Your identity, Your business, Your processes and procedures.
braXos is committed to protecting your privacy and to ensuring that you are in
control of the information that we maintain about you. This Privacy Policy
explains what braXos will and will not do with your personal data.
braXos controls and operates its business and the Products and Services from within the United States of America. braXos’ online and mobile privacy practices are governed by the laws of the United States and the State of Ohio, which may differ from privacy laws in Your state or home country. braXos’ online and mobile privacy practices may also be governed by the European Union’s General Data Protection Regulation (GDPR). By submitting Your personal information to braXos or its agents, through the use of the Products and Services, You consent to use and disclosure of Your personal information in accordance with applicable U.S. Federal and State laws and with this Privacy Policy.
braXos may change its Privacy Policy at any time for any reason. Your continued
use of the Products and Services, after braXos publishes any such changes,
indicates Your acceptance of any changed terms.
What Kinds Of Information braXos Collects
Whether accessing the Products and Services from Your home computer or Your
smartphone, tablet, or other mobile device, braXos and its agents may collect
information that identifies You or relates to You as an individual (collectively,
“Your Information”), such as Your:
· Telephone number (masked)
· Name
· E-mail address
· IP address
· Mobile Push Notification ID
· Geolocation (if using a mobile application and You consent to providing it)
· Any other information You voluntarily provide to braXos
To the extent braXos knowingly obtains certain legally protected information such as social security numbers, medical records/ HIPAA protected information, and/or other similar information, whether such information is Yours or a third-party’s that was obtained from You, braXos will not use such information and destroy it immediately.
In addition, braXos may collect other types of data elements (“Other
Information”) that do not reveal Your identity, including but not limited
to:
· Browser and device information, including operating system.
· Demographic information and other information provided by You that braXos may combine with other users of the Products and Services or use on its own.
· Mobile application usage data.
· Aggregated information such as “click stream” information such as entry and exit points for the Products and Services (including referring URLs or domains), certain Products and Services traffic statistics, page views, and impressions.
· Information collected through cookies, pixel tags and other technologies described in more detail later in this Privacy Policy.
How braXos Uses The Personal Information It Collects
braXos may use Your Information and/or Other Information for purposes described in this Privacy Policy or as otherwise disclosed to You through the Products and Services. In addition to the purposes already described, braXos may use Your Information and/or Other Information to:
· Provide the Products and Services, and the purposes, services, intended uses, etc., of or within the Products and Services.
· Process and manage Your purchase and use of the Products and Services.
· Respond to Your inquiries or requests.
· Create and deliver personalized promotions.
· Communicate with You by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging about braXos, including about Your account, Your requests for information, and to update You about changes to the Products and Services, this Privacy Policy, and other terms and conditions of use;
· Communicate with You, including by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging, in connection with braXos marketing efforts, such as when braXos sends You offers and promotions that you can take advantage of through the Products and Services.
· Further braXos’ business purposes, such as to perform data analysis, audits, fraud monitoring and prevention; to enhance, improve or modify the Products and Services; to identify usage trends; to determine the effectiveness of braXos promotional campaigns; and to operate and expand braXos business activities.
braXos may send You “transactional or relationship” communications, such as notices to facilitate a transaction You have conducted or messages that provide information about Your existing account, using various electronic communication, including e-mail and mobile communications. You must opt-in to receive e-mail and mobile communications (other than “transactional or relationship” communications referenced above), including SMS text messages from braXos. Any opt-in will be subject to this Privacy Policy and braXos will only e-mail You, send You mobile alerts or SMS text messages if You opt-in to receive them from braXos. If, at any time, You decide You would rather not receive these types of communications from braXos, You can opt-out by clicking the unsubscribe link at the bottom of any braXos e-mail or contact braXos by e-mail at support@braxos.com.
How braXos May Disclose Personal Information It Collects
Your privacy is very important to braXos. braXos generally will not disclose Your Information and/or Other Information to anyone, except in the following circumstances:
Service Providers. braXos may disclose Your Information and/or Other Information to third-party service providers to provide braXos with services such as website hosting, mobile application hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.
Affiliates. braXos may disclose Your Information and/or Other Information to its affiliates (“Affiliates”) for the purposes described in this Privacy Policy, including for marketing purposes. Affiliates are those companies that are owned by or under common control with braXos.
To Perform Services You Request. braXos may disclose Your Information and/or Other Information to third parties in order to perform services You request or functions You initiate.
Corporate Transactions or Events. braXos may disclose Your Information and/or Other Information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of braXos’s business, assets, membership interests, or stock, including in connection with any bankruptcy or similar proceedings.
Legal Reasons. braXos may use or disclose Your Information and/or Other Information as braXos deems necessary or appropriate: (1) pursuant to applicable law, including laws outside Your country or state of residence; (2) to respond to requests from public and government authorities including public and government authorities outside Your country or state of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages braXos may sustain; (5) to protect braXos operations or those of any of braXos’s Affiliates; (6) to protect the rights, privacy, safety or property of braXos, its Affiliates, You, and others; and (7) to enforce braXos’s terms and conditions of use.
Other Reasons. Except as otherwise stated or limited in this Privacy Policy, braXos generally may use Your Information for any purpose not prohibited by law. In particular, braXos may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all other information, provided that such information does not personally identify You beyond how You are identified by use of the Products and Services.
What braXos Does Not Intend to Do With Your Information
braXos will not knowingly sell or otherwise provide Your Information, whether as part of a specific, direct sale or as part of a “batch” sale of information to be used for any reason (i.e., braXos will not create a randomly generated list users’ information or their contacts’ information and sell such list to any person, company, association, or organization).
How braXos Protects Your Information and Other Information
braXos has implemented reasonable safeguards designed to prevent loss, misuse
and unauthorized access, disclosure or modification of Your
Information and Other Information provided or collected through
the Products and Services.
Your Information and Other Information can
never be 100% secure and You should always take appropriate security measures
to protect Your Information and Other
Information. If You believe that Your braXos account or any information You
provided to braXos is no longer secure, please notify braXos immediately
through the “Contact braXos” information provided below.
braXos’s Policy on Cookies, Log Data, Interest-Based Advertising and “Do Not Track”
“Cookies” are small text files placed in Your computer’s, smartphone’s, tablet’s, and other mobile device’s browser directories to store Your information about Your activities online. A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the lifetime of the Cookie, and a value, usually a randomly generated unique number. braXos uses Cookies so that it can improve the Products and Services.
braXos may use “session cookies” (Cookies that last until You close Your browser or mobile application) or “persistent cookies” (Cookies that last until You or Your browser delete them). Examples of the information braXos collects and analyzes from Cookies include Your activity on the Products and Services, including the URL You come from and go to next (whether this URL is on braXos’ website or not). The Cookies that braXos uses do not contain and are not tied to Your personal information.
If You do not wish to receive Cookies or wish to manage Cookies in general, You must configure your browser settings, if available, on Your computer, smartphone, tablet, and other mobile device. You may also delete a Cookie manually from Your hard drive through your internet browser or other programs. Although You are not required to accept braXos Cookies, if You set Your browser to reject Cookies, You may not be able to use all of the features and functionality of the Products and Services. If You block or otherwise reject braXos Cookies, You may lose some of the functionality of the Products and Services. The Products and Services may also use Cookies and other technologies such as pixel tags, web beacons and clear GIF files to help manage braXos’s online advertising program. braXos and its advertising partners may use these technologies to track the actions of users of the Products and Services, to measure statistics of braXos marketing efforts, and to deliver advertisements on the Products and Services that may be more relevant to individual consumers and that will improve the consumer experience on the Products and Services.
When You use the Products and Services, braXos’ servers automatically record log data, which includes information such as Your IP address, the type of browser You are using and its settings, the third-party website You visited immediately prior to accessing the Products and Services, the operating system You are using, the domain name of Your Internet service provider, the search terms You use within the Products and Services, the specific website pages You visit, type of product selected, the brand, order, and product identifications, and the duration of Your visits.
Unsubscribe Procedures
You have control over the data that braXos maintains about you and whether you want us to use that information for the purposes stated in this Privacy Policy. All registered users of the Products and Services may at any time opt-out of receiving upgrade notices by clicking on the opt-out link braXos includes in any e-mail it may send You or by contacting braXos by e-mail at support@braxos.com or directly via U.S. Mail. If You decide that You do not wish to participate in braXos’ upgrade notice service, You can unsubscribe by clicking on the link provided in the update request e-mail messages braXos sends You and following the directions provided.
Opting Out of Interest-Based Advertisements on the Mobile App
braXos may collect certain unique mobile operating system IDs, such as Apple’s Identifier for Advertising ID (IDFA) or Google’s Android Advertising ID (AAID), to select, target, and deliver advertisements. You may be able to opt out of interest-based advertisements through the most recent applicable settings features of Your mobile device(s). These opportunities are subject to the offerings made available by the third-party operating system providers and subject to their privacy policies, and not any offerings by braXos or this Privacy Policy.
Access to, Updating or Deletion of Collected Information
Upon request, braXos will provide You with the ability to correct, update, or remove Your Information collected by braXos. You are responsible for keeping Your Information current and accurate and may do so by checking and, if necessary, modifying any user profile relating to the Products and Services, if applicable. To request that braXos correct, update, or remove personal information from braXos’ databases, e-mail braXos at support@braxos.com.
Social Networking And Third Party Sites
When You link to the Products and Services through any social networking or
third-party sites, applications or services, You are bound by the privacy
policy and other terms of use of the social network or third-party site,
application or service. braXos does not control and is not responsible for the
privacy practices of such sites. You should consult the privacy policy of such
sites to determine the information practices of those sites.
Retaining Your Data
braXos retains certain information, including transaction, location, device and usage information, for a minimum of seven (7) years in connection with regulatory, tax, insurance and other requirements. Once such information is no longer necessary to provide the Products and Services, enable customer support, enhance the user experience, or serve other operational purposes, braXos takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.
Choice of Law, Jurisdiction
This Privacy Policy and braXos’ use of Your Information and Other Information is governed by the laws of the State of Ohio and of the United States of America without regard to conflict of laws rules. Except as may otherwise be provided in the “Arbitration” section below, You irrevocably consent to the exclusive jurisdiction of the state and federal courts in Franklin County, Ohio for purposes of any legal action arising out of or related to the use of the Products and Services or this Privacy Policy.
Arbitration
NOTWITHSTANDING ANYTHING IN THIS PRIVACY POLICY TO THE CONTRARY AND TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND braXos AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between You and braXos and/or braXos’ agents, employees, members, officers, directors, principals, successors, assigns, and/or Affiliates, arising from or relating to this Privacy Policy and its interpretation or the breach, termination or validity thereof, the relationships which result from this Privacy Policy, including disputes about the validity, scope or enforceability of this arbitration provision will be settled by binding arbitration in Franklin County, Ohio administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least sixty (60) days’ advanced written notice of its intent to file for arbitration. braXos will provide such notice by e-mail to Your e-mail address on file with braXos and You must provide such notice by e-mail to support@braxos.com with “Legal Dispute” appearing in the subject line. During such 60-day notice period, You and braXos will endeavor to amicably settle any disputes by mutual discussions.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If the arbitrator determines the claim(s) You assert in the arbitration are frivolous, You agree to reimburse braXos for all fees and expenses associated with the arbitration that braXos has paid, including attorneys’ fees.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which You and braXos hereby waive, and the arbitrator will apply applicable law and the provisions of this Privacy Policy. braXos and You agree that any dispute will be submitted to arbitration on an individual basis only. Neither braXos nor you are entitled to arbitrate any Dispute as a class, representative, or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of these arbitration provisions is found to be unenforceable, the unenforceable provision(s) will be severed and the remaining arbitration terms will be enforced. Regardless of any statute or law to the contrary, notice on any claim arising from or related to this Privacy Policy and/or braXos’ use or other acts or omissions with respect to Your Information and/or Other Information must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, this Privacy Policy and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C.§§ 1-16.
Severability
If any provision in this Privacy Policy shall be deemed invalid, void, or for any reason unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of this Privacy Policy.
California Rights.
Under California Civil Code sections 1798.83-.84, California residents who have established a business relationship with braXos may request from braXos a notice describing what categories of personal information braXos shares with third parties or affiliates for those third-parties or corporate affiliates’ direct marketing purposes. Such notice will identify the categories of information that braXos shared and will include a list of the third parties and affiliates with whom the information was shared, including their names and addresses. If You are a California resident and would like a copy of this notice, You must submit a written request to braXos at 8000 Walton Pkwy #238, New Albany, OH 43054. braXos will respond within sixty (60) days after its receipt of such request.
Children’s Online Privacy
BraXos strongly believes in the importance of protecting the privacy of
children. braXos will not knowingly collect any personally identifiable
information from children under eighteen (18) years of age. When You disclose Your
Information on or through the Products and Services, You are representing to braXos
that You are at least eighteen (18) years of age.
If a child under eighteen (18) years of age has provided braXos with personally
identifiable information through the Products and Services, braXos requests
that a parent or guardian e-mail braXos at support@braxos.com, and braXos
will delete the child’s information from its records.
International
This English-language Privacy Policy is braXos’s official statement of
its Products and Services privacy practices. In case of any inconsistency
between this English-language Privacy Policy and its translation into another
language, this English-language document prevails.
Contact braXos
If You have any questions regarding braXos’s privacy practices, You can e-mail braXos at support@braxos.com or write to braXos at P.O. Box 1013, New Albany, OH 43054-1013.d
Reservation of Rights
All rights not expressly granted herein are reserved by braXos Security Software, LLC.