Last Updated: July 28, 2021
This Policy describes how fyxify may collect, use, process, disclose, and safeguard information we obtain through the Service and in connection with our customer, partner and vendor relationships. It also tells you about your rights and choices with respect to your information, and how you can contact us if you have any questions or concerns.
This Policy is incorporated into and is subject to the fyxify Terms of Service. Capitalized terms used but not defined in this Policy have the meaning given to them in the fyxify Terms of Service.
1. Personal Information We Collect
For the purpose of this Policy, “Personal Information” means any information relating to an identified or identifiable individual. We obtain Personal Information relating to you from various sources described below.
Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide Personal Information when requested, you may not be able to benefit from our Service if that information is necessary to provide you with the service or if we are legally required to collect it.
a. Personal Information Provided by You
Account Registration. If you register to use the Service, then you must provide us with your name, email address, and a password in order to create an account and user profile. Some types of user registrations also require a physical address or location. You may also optionally add other information, such as photos of yourself or, for some types of user registrations, your household.
Making Payments. When you make payments to or through the Service, you may need to provide Personal Information to our third-party service providers, such as your credit card number and billing address.
Financing. If you apply for certain financing options, we, our Business Customers or third-party payment providers, as the case may be, may collect information such as your gender, birthdate, marital status and education and employment information as needed to process your applications with our financing partners.
User Content. We will collect any information you upload or post to or through the Service, including calls placed to numbers or services maintained by us or through the Service. For example, when you interact with other users by sending them messages, the Service will process the information you provide in such submissions, to the extent permitted under applicable law. This may also include the information regarding your contacts that you choose to import into the Service.
Communications. We will collect any information which you provide to us through your communications e.g., when you communicate with our customer support team.
Job Applications. We will collect any information which you provide to us when you apply for a job with fyxify , including your resume and references.
b.Personal Information Collected via Automated Means
In addition to information that you provide to us, we may collect information about you and your use of the Service via automated means, such as cookies, web beacons and similar technologies:
Location Information. We may collect and store your location information, including GPS coordinates, if you enable your mobile device to send it to us. Collection of this information may improve the provision of the Service.
Cookies and Similar Technologies. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies to automatically collect certain information. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. When you use the Service, we may also automatically collect certain information from your device by using similar technologies, including “clear gifs” or “web beacons.” Please review your web browser “Help” file to learn the proper way to modify your settings with regard to such automated data collection. Please note that if you delete, or choose not to accept, such technologies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
The automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users.
We use this information to assess how many users access or use our Service, how they interact with our Service, which content, products, and features of our Service most interest or are of most value to our users, what types of offers and incentives our customers and their end-customers respond to, and how our service performs from a technical point of view.
Third Party Web Beacons and Third Party Buttons. We may also implement third-party content or advertising on the Service that may use clear gifs or other forms of web beacons, which allow the third-party content provider to read and write cookies to your browser in connection with your viewing of the third party content on the Service. Additionally, we may implement third party buttons (such as “like” or “share” buttons) that may allow third parties to collect information about you through such third parties’ browser cookies, even when you do not interact with the button. Information collected through web beacons and buttons is collected directly by these third parties, and fyxify does not participate in that data transmission. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
c. Personal Information Obtained from Third Parties
Our Business Customers. If you are using the Service as an end user of a Business Customer, we may collect Personal Information about you from our Business Customers who use the Services with their own end users, often their employees. This information may include your name, email address, phone number, information necessary for payroll processing, and other information necessary to operate the Services. We may also collect information from our Business Customers about their end-customers, which information we process on their behalf.
2.How We Use Personal Information We Collect
We may use Personal Information we collect for the following purposes:
Internal and Service-Related Usage. We use your Personal Information to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users.
Analytics and Improving the Service. We use your Personal Information to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, feature, and functionality.
Communications. We may use your email address or other Personal Information (i) to contact you for administrative purposes such as customer service, to address intellectual property infringement, privacy violations or defamation issues related to your User Content posted on the Service or (ii) to send communications, including updates on promotions, relating to products and services offered by us and by third parties we work with. Generally, you have the ability to opt-out of receiving any promotional communications as described below under “Your Rights and Choices.”
Tailored Content. We may use your Personal Information to: (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information.
Aggregate Data. We may de-identify and aggregate information to monitor and analyze the effectiveness of Service and third-party marketing activities and to monitor aggregate site usage metrics such as total number of visitors and pages viewed.
Partners and Vendors. We use Personal Information collected from our business partners and vendors to manage those relationships.
Job Applications. If you apply for a job at fyxify, we may process your Personal Information to evaluate your application.
Legal. We may use your Personal Information to enforce our End User License Agreement and Terms of Service, to defend our legal rights, to comply with our legal obligations and internal policies.
Other Purposes. We also may use your Personal Information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
If you are located in the European Economic Area, we only process your Personal Information based on a valid legal ground, including when:
You have consented to the use of your Personal Information;
We need your Personal Information to provide you with the Services, including for account registration and to respond to your inquiries;
We have a legal obligation to use your Personal Information;
We or a third party, have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to conduct business analytics, and otherwise improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests.
3.How We Disclose Your Personal Information
Except as described in this Policy or otherwise disclosed to you at the time of the collection, we will not disclose your Personal Information to third parties without your consent. We may disclose information to third parties in the following circumstances:
fyxify affiliates and subsidiaries. We may disclose Personal Information about you with our affiliates and subsidiaries.
Other users. Any Personal Information that you voluntarily choose to include on or through the Service, including information in a publicly accessible area of the Service (such as a public profile page) or information you share with or allow to be shared with other users, will be available to anyone who has access to that content, including other users. We are not responsible for privacy practices of the other Users who will view and use the posted information.
Vendors and Service Providers. We work with third party service providers to provide website or application development, hosting, maintenance, and other services for us. These third parties may have access to or process your Personal Information as part of providing those services for us. We limit the information provided to these service providers to that which is necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
Advertising Partners. We may share your Personal Information with our third party advertising partners to provide ads that we think may interest you. For more information about our advertising and marketing practices and those of the third party advertising partners, please see the Personal Information Collected by Automated Means section above.
Our Business Customers. If you are using the Service as an end user or end-customer of a Business Customer, we may disclose information about you to that Business Customer, such as your name, email address and physical address, in connection with your business relationship with that Business Customer and as necessary to provide the services you have requested of the Business Customer.
Other Third Parties. We may also share Personal Information about you with other third parties in the following circumstances:
In Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ and our Business Customers’ end-customers’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
To Comply with Legal Obligations. We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
To Protect and Enforce Our Rights. We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
In case of Merger, Sale, or Other Asset Transfer. Information about our users, our Business Customers and their end-users and end-customers, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
With Your Consent. We also may disclose your Personal Information as may be described in a notice to you at the time the information is collected, or in any other manner to which you consent.
4. Your Rights and Choices
Account Information. You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. You may update, correct, or delete your profile information and preferences at any time by accessing your account settings page on the Service. If you are not a registered user of the Service, if you wish to access or amend any other Personal Information we hold about you, or if you would like to request that we delete any information about you that we have obtained from a Business Customer, you may contact us at [email protected]. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, to the extent permitted under applicable law.
Opt-Out. If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time, by sending your request to us by email [email protected] or by writing to us at the address given at the end of this policy. We may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us in user account functionality on the Service.
Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may receive promotional communications from us that you have opted-out from during that period, unless we are required by applicable law to process your request within a shorter period of time. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
Privacy Settings. Although we may allow you to adjust your privacy settings to limit access to certain Personal Information, please be aware that no security measures are perfect or impenetrable. To the fullest extent permitted under applicable law, we are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of others with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and others, including third parties, may have copied or stored the information available on the Service. To the fullest extent permitted under applicable law, we cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.
Do Not Track. Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our website does not currently respond to such signals.
Other Rights. If you are located in the European Economic Area, you may have the following additional rights:
Request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.
Those rights may be limited in some circumstances by local law requirements. You may exercise these rights by using the How to Contact Us below.
If you are a California resident, please review the additional notice below for more information regarding your rights under California law.
5. California Residents
California Resident Privacy Notice
The chart below provides the categories of Personal Information (as defined by the California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time (“CCPA”)) we have collected, disclosed for a business purpose, sold, or used for business or commercial purposes in the preceding twelve months since this notice was last updated. The examples of Personal Information provided for each category may not reflect all of the specific types of Personal Information associated with each category.
Use of Personal Information
We collect, use, and disclose your Personal Information in accordance with the specific business and commercial purposes below:
Providing Services: Providing our services.
Communicating: Communicating with you, providing you with updates and other information relating to our services, providing information that you request, responding to comments and questions, and otherwise providing customer support.
Social Network Support: Updating your status on social networks, sending messages on your behalf to your social networks, and providing other features and services to you.
Connecting Third Party Services: Facilitating the connection of third party services or applications, such as social networks.
Marketing: Marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you.
Personalization: Personalizing your experience on our services such as presenting tailored content.
Sending Messages: Sending you text messages or push notifications.
Facilitating Payments: Facilitating transactions and payments.
De-identification and Aggregation: De-identifying and aggregating information collected through our services and using it for any lawful purpose.
Job Applications: Processing your job application.
Safety Issues: Responding to trust and safety issues that may arise.
Compliance: For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.
Auditing Interactions: Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
14. Fraud and Incident Prevention: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Debugging: Debugging to identify and repair errors that impair existing intended functionality.
Transient Use: Short-term, transient use.
Contracting Vendors: Contracting with service providers to perform services on our behalf or on their behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of the business or service provider.
Research: Undertaking internal research for technological development and demonstration.
Product Improvement: Undertaking activities to verify or maintain the quality or safety of our services, and to improve, upgrade, or enhance our services.
Enabling Transactions: Otherwise enabling or effecting, directly or indirectly, a commercial transaction.
Notified Purpose: For other purposes for which we provide specific notice at the time the information is collected.
Collection of Personal Information
In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources:
A. You/Your Devices: You or your devices directly.
B. Users: Other users of our services.
C: Affiliates: Affiliates.
D. Government: : Government entities.
E. Resellers: Consumer data resellers.
F. Partners: Business partners.
G. Public Sources: Publicly accessible sources.
Disclosure of Personal Information
We share your Personal Information with the following categories of third parties:
I. Advertisers: Advertising networks.
II. ISPs: Internet service providers.
III. Analytics Providers: Data analytics providers.
IV. Government: Government entities.
V. OS/Platform Provider: Operating systems and platforms.
VI. Social Networks: Social networks.
VII. Resellers: Consumer data resellers.
VIII. Affiliates: Affiliates.
IX. Vendors: Vendors and service providers.
X. Integrated Third Parties: Third parties integrated into our services.
XI. Third Parties as Legally Required: Third parties as required by law and similar disclosures.
XII. Third Parties in Merger/Acquisition: Third parties in connection with a merger, sale, or asset transfer.
XIII. Third Parties with Consent: Other third parties for whom we have obtained your permission to disclose your Personal Information.
Your California Privacy Rights
If you are a California resident, you may exercise the following rights.
Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, or disclosed by us; (2) purposes for which categories of Personal Information are collected or sold by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed or sold Personal Information; and (5) specific pieces of Personal Information we have collected about you during the past twelve months.
Right to Delete. Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.
Verification. Requests for access to or deletion of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access or deletion request, please provide us with your current name, email address, and phone number in your request and we will reach out to you to obtain additional information, if necessary.
Right to Opt Out. In some circumstances, you may opt out of the sale of your Personal Information.
Right to Equal Service and Price. You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.
Shine the Light. You may request information once per calendar year about our disclosures of certain categories of Personal Information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing using the How to Contact Us section below.
Submit Requests. To exercise your rights under the CCPA, please call (941)444-6761 or submit a request via email to: [email protected]
Authorizing an Agent: To authorize an agent to make a request to know, delete, or opt out on your behalf, please send a written authorization signed by you and the authorized agent to [email protected].
6. Third-Party Services
7. Children’s Privacy
Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 16, and we do not knowingly collect Personal Information from children under the age of 16 without obtaining parental consent. If you are under 16 years of age, please do not use or access the Service at any time or in any manner. If we learn that Personal Information has been collected on the Service from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 16 years of age has obtained an account on the Service, then you may alert us at [email protected] and request that we delete that child’s Personal Information from our systems.
8. Data Security
We use certain physical, managerial, and technical safeguards that are designed to appropriately protect Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. WE CANNOT, HOWEVER, ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR STORE ON THE SERVICE, AND YOU DO SO AT YOUR OWN RISK. WE ALSO CANNOT GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR MANAGERIAL SAFEGUARDS. The foregoing is subject to requirements under applicable law to ensure or warrant information security.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at [email protected].
9. Data Retention
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
10. Data Transfers
The Service is hosted in the United States and is intended for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including Personal Information, on or to the Service, you consent to such transfer, storage, and processing.
When we transfer Personal Information outside of the European Economic Area, we will comply with applicable EU data protection laws. We may transfer your Personal Information to countries which provide an adequate level of protection under EU law, we may use contractual protections for the transfer of Personal Information, or rely on other legal transfer mechanisms or derogations. You may contact us as specified below to obtain a copy of the safeguards we use to transfer Personal Information outside of the European Economic Area.
11. Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.
13. How to Contact Us
fyxify, LLC. is the entity responsible for the processing of your Personal Information as described in this Policy. If you have any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices, please contact us by email at [email protected] or write to us at:
7565 Commerce Ct.
Sarasota, FL 34243