1. COLLECTION OF PERSONAL INFORMATION
1.1. Personal Information. The following are categories (with non-exhaustive examples) of personal information we may collect about you:
|A. Individual Identifiers and Demographic Information||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.|
|A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.||Products or services purchased, obtained, or considered, Feedback and other content that you send to us, webinars you have attended, Content that you have downloaded, payment history and preferences.|
|C. Internet or Network Activity||Browsing history, search history, information on an individual’s interaction with a website, application, or advertisement.|
Personal information does not include:
- Publicly Available Data – Publicly available information from government records.
- Deidentified or Aggregate Information – “Deidentified Information” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular individual, and for which Qwinix has implemented technical safeguards and business processes that prohibit reidentification of the individual. “Aggregate Information” means information that relates to a group or category of individuals, from which individual identities have been removed, that is not linked or reasonably linkable to any individual or household, including via a device.
- Feedback – All comments, feedback, suggestions, ideas, and other submissions (“Feedback”) disclosed, submitted, or offered to Qwinix in connection with your access and use of the Platform shall be the exclusive property of Qwinix. Such Feedback will be non-confidential and we shall have no obligations to you, contractual or otherwise. You agree that we may use, exploit and disclose the Feedback in any manner, for any purpose whatsoever, commercial or otherwise, without restriction, without attribution and without compensation to you.
1.2. Sources of Personal Information. We obtain the categories of personal information listed above on or through our Platform from the following categories of sources:
Personal Information You Provide : Qwinix collects personal information when you voluntarily submit it to us through the Platform or otherwise. For example, we may collect or receive personal information from Users when a User contacts us through the Platform; registers for a webinar; or submits a comment on our blog.
Automatically Collected Personal Information : In addition to personal information that we may receive directly from you, Qwinix indirectly collects other information from you automatically through the Platform. For example, we receive personal information from Users when a User visits and navigates our Platform on any device. We may also collect personal information about Users over time and across different websites, apps, and devices when a User accesses the Platform. Third parties also collect personal information this way on our Platform. Qwinix collects some personal information automatically using cookies or other online tracking technologies. For example, we use session cookies to operate our services, preference cookies to remember your preferences and various settings, and security cookies for security purposes.
Personal Information Obtained from Third Parties : In addition to the personal information that we collect from you directly and automatically, Qwinix may receive personal information about you from other third party sources. For example, we receive personal information from our business partners, or companies that provide personal information to supplement what we already know about Users, such as webinars you may have attended or content you may have downloaded. We may merge or combine such personal information with the personal information we collect from you directly or automatically.
2. USE OF PERSONAL INFORMATION
Qwinix uses personal information for various purposes, including without limitation to:
- To Provide Our Products and Services : This could include fulfilling your requests for products or services. It could also include notifying you of changes to our Service or allowing you to participate in interactive features of our Service when you choose to do so. If you share your personal information to ask a question about our products or services, we will use that personal information to respond to your inquiry.
- To Improve Our Products and Services : We use personal information to understand, monitor and analyze the usage trends and preferences of our Users to make our Platform, Services, or Content better, diagnose technical issues, prevent fraud, and develop new features and functionality.
- To Understand Your Interests : We use your personal information to personalize your experience on the Platform and to deliver information about products and services relevant to your interests. Our Platform may make suggestions for content that may be interesting to you and others. We use the data you provide and the data we have about other users, to make these recommendations.
- To Process Your Payment for Products and Services : We use personal information to facilitate payment for products and Services that you select through our Platform.
- To Respond to Your Requests or Questions : We use personal information to provide you with support and to respond to your requests for customer support, including to investigate and address your concerns and monitor and improve our responses. This may also include responding to your Feedback.
- To Secure the Platform : We use personal information to maintain the safety, security, and integrity of our Platform, products and services, databases and other technology assets, business, and other Users.
- As Required by Law : We use personal information to respond to requests from law enforcement and as required by applicable law, court order, or government investigation.
3. SHARING OF PERSONAL INFORMATION
- Related Companies and M&A Transactions: We may share your personal information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with us). In addition, if we transfer all or part of its business or make a transfer of assets or is otherwise involved in a merger or business transfer, we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.
- Legal Compliance: We may disclose personal information in response to subpoenas, warrants, or court orders, in connection with any legal process, or to comply with relevant laws. We may also share your personal information in order to establish or exercise our rights; to defend against a legal claim; to investigate, prevent, or take action regarding possible illegal activities or fraud; to protect the safety and security of other Users; or to prevent a violation of our Terms of Service.
- Partner or Client Offerings: We may jointly offer events, promotions, or any other product or service offerings with third party partners or our clients, which may be your employer. Third party partners or clients may collection information directly from you, which may be combined with personal information disclosed by us. If you decide to request, enter into, or participate in an event, promotion, or other product or service offering that is offered by us and identified as a joint effort with a third-party partner or client, the information that you provide may be shared with us and with that identified third party.
- Public Forum: The Platform may provide you with the opportunity to post comments, messages, or reviews in a public forum. If you decide to submit personal information at these locations, that information will be available to other Users of the Platform.
4. SECURITY OF PERSONAL INFORMATION
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of any unauthorized access or acquisition of your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
5. YOUR CHOICES
You can make the following choices regarding your personal information:
- Access to Your Personal Information : You may request access to your personal information by contacting us as described below. We will grant you reasonable access to the data that we have about you as required by law.
- Changes to Your Personal Information : We rely on you to update and correct your personal information. Note that we may keep historical information in our backup files as permitted by law. If our Platform does not permit you to update or correct certain personal information, please contact us as described below.
6. OPTING OUT
You can make the following choices to opt out of certain activities regarding your personal information:
- Promotional E-mails : You may choose to provide us with your e-mail address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials related to our Platform, as well as targeted offers from third parties. You can stop receiving promotional e-mails by clicking the “unsubscribe” links in the e-mails or by contacting us as described below. If you decide not to receive promotional e-mails, we may still send you service-related communications, to fulfill orders for products and service you have requested, or deliver notifications directly to you through the Platform.
- Google Analytics : Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. You can prevent the use of Google Analytics relating to your use of our Platform by downloading and installing a browser plugin available here.
- Do-Not-Track : Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time we do not modify your experience based upon whether such a signal is broadcast.
7. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
Qwinix is based in the United States of America. If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to us, please note that any personal information that you provide to us may be transferred to the United States of America. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in the Terms of Service related to the use of and access to the Platform. We safeguard and enable the global transfer of personal information in a number of ways. For example, if you or your organization is required to enter into a contract or other binding legal act under EU, UK, or Swiss law with your processors, and Qwinix is acting as a processor for you, as the controller, you may request that Qwinix enter into a Data Processing Addendum with Standard Contractual Clauses by contacting us at the address listed in the section titled “CONTACTING US” below.
If you are located in the European Union, European Economic Area, or United Kingdom, please see the section below titled “RESIDENTS OF THE EUROPEAN ECONOMIC AREA” for additional information regarding your personal information.
8. RESIDENTS OF THE EUROPEAN ECONOMIC AREA
The following applies to individuals in the European Economic Area (EEA).
8.1. Lawful basis for processing : Qwinix is required to inform you of the lawful basis of our processing of your personal information, which are described in the table below. If you have questions about the lawful basis of how we process your personal information, contact us at the address listed in the section titled “CONTACTING US” below.
|Processing Purpose||Lawful Basis|
||Processing is based on your consent : Where we rely on your consent you have the right to withdraw it anytime in the manner indicated on the Platform.|
||Processing is necessary for the performance of a contract : You are subject to a contract with us and we need to use your personal information to provide products and services.|
||Processing is necessary to comply with our legal obligations.|
||Processing activities constitute our legitimate interests : We consider and balance the potential impact on your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent, or we are otherwise required to perform a contract or by law).|
We will use your personal information only for the purposes for which we collected it, unless we reasonably determine we need to use it for another reason and that reason is compatible with the original purpose. For example, we consider deidentification, aggregation, and anonymization of personal information to be compatible with the purposes listed above and in your interest, because the deidentification, aggregation, and anonymization of such information reduces the likelihood of improper disclosure of that information.
PLEASE NOTE WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.
8.2. Retention. Qwinix retains your personal information:
- For so long as needed to provide you with the Platform or to fulfill our contractual obligations;
- As necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; and
- For so long as is necessary for the purposes for which we collected such personal information.
8.3. Your Rights. European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
- Access. Provide you with information about our processing of your personal information and give you access to your personal information.
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Correct. Update or correct inaccuracies in your personal information.
- Restrict. Restrict the processing of your personal information.
- Object. Object to our reli>ance on our lawful basis as the basis of our processing of your personal information that impacts your rights.
- Delete. Delete your personal information.
When we receive your request, we may ask you to verify your identity before we can act on your request. We may withhold information where we are required by law to do so or if the search for that information would require disproportionate effort or have a disproportionate effect to, for example, the cost of providing the information, the time it would take to retrieve the data, or how difficult it may be to obtain the information requested.
If you are a resident EEA and would like to exercise any of these rights, please submit your request to the address listed in the section titled “CONTACTING US” below. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection authority in your jurisdiction. You can find your data protection regulator here.
9. RESIDENTS OF CALIFORNIA
This section applies only to residents of California. It describes how we collect, use and share personal information of California residents when we act as a “business” as defined under the California Consumer Privacy Act of 2018 (“CCPA”), and their rights with respect to their personal information. For purposes of this section, “personal information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. In some cases we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.
9.1. Personal Information That We Collect, Use, and Disclose. We describe:
The categories of third parties to whom we disclose this information in the section above called “SHARING OF PERSONAL INFORMATION”.
- The categories of personal information we may have collected about you in the preceding 12 months and the sources from which we collect this information in the section above called “COLLECTION OF PERSONAL INFORMATION”;
- The business and commercial purposes for which we collect this information in the section above called “USE OF PERSONAL INFORMATION”; and
- The categories of third parties to whom we disclose this information in the section above called “SHARING OF PERSONAL INFORMATION”.
Qwinix must also disclose whether the following categories of personal information are disclosed for a “business purpose” or “valuable consideration” as those terms are defined under the CCPA. The CCPA also calls this latter category a “sale.” Note that while a category below may be marked, that does not necessarily mean that we have personal information in that category about you. In the preceding twelve months, we have disclosed the following categories of personal information in the manner described:
|Categories||Personal Information is Disclosed for a Business Purpose||Personal Information is Disclosed for Valuable Consideration|
|A. Individual Identifiers and Demographic Information||Yes||Yes|
|B. Commercial Information||Yes||Yes|
|C. Internet or Network Activity||Yes||No|
9.2. Your California Privacy Rights. The CCPA provides California residents with the rights listed below:
- Access. You have the right to request that Qwinix disclose certain information to you about our collection and use of your personal information over the past 12 months, including:
- The categories of personal information we collected about you.
- The categories of sources of the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you.
- Deletion. You have the right to request that Qwinix delete any of your personal information that we collected from you and retained, subject to certain exceptions.
- Opt-Out of Sales. If we “sell” your personal information as described above, you can opt out.
- Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form or legally prohibited increases in the price or decreases in the quality of our products and services.
Please note, these rights are not absolute and in some cases we may not be able to respond your request, such as when a legal exemption applies or if we are not able to verify your identity.
9.3. How to Exercise Your California Privacy Rights.
- Access and Deletion Rights. To exercise the access and deletion rights described above, please submit a request to us and provide the information we request that is required to verify your request by:
- Emailing us at [email protected], or
- Calling us toll free at (888) 226-8846
- Right to Opt-Out of the “Sale” of Personal Information. Under California law, some of the data we share with our advertising partners may qualify as a “sale” as defined under the CCPA. To exercise your right to opt-out of such “sale”, please:
- Email us at [email protected], or
- Click here: Do Not Sell My Personal Information www.qwinix.io/ccpa.
When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. You may also designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide the requester’s proof of identification, the authorized agent’s proof of identification, and any other information that we may request in order to verify your request.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.
We try to respond to all legitimate requests within 45 days of your request. Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.
9.4. Other California Privacy Rights. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes, if any. To make such a request, please write or email us by using the details in the section “CONTACTING US” below. You must include the words “Shine the Light” in your subject line or correspondence.
10. CONTACTING US
Qwinix Technologies, Inc.
Attn: Qwinix Privacy
9155 E Nichols Ave Ste 300
Centennial, CO 80112
E-Mail: [email protected]