Privacy Policy

Last Updated: 11/11/2024

This Privacy Policy (“Policy”) constitutes a legally binding agreement between you, the subscriber (“Subscriber,” “you,” or “your”), and iNxUS Data Solutions, a United States-based Limited Liability Company (“Company,” “we,” “us,” or “our”). This Policy delineates the terms and conditions under which the Company, acting as a data controller, collects, processes, stores, and protects your Personal Data in connection with your access to and use of our Services.

By accessing or using our Services, you signify that you have read, understood, and agree to be bound by this Policy and our Terms of Service (“Terms”). If you do not agree with this Policy or our Terms, you should not access or use our Services.

1. DEFINITIONS

For the purposes of this Policy, the following terms shall have the meanings ascribed to them below:

1.1 “Controller” means the natural or legal person, public authority, agency, or any other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

1.2 “Personal Data” refers to any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as:

  • A name;
  • An identification number;
  • Location data;
  • An online identifier; or
  • One or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

1.3 “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether by automated means or not, such as:

  • Collection;
  • Recording;
  • Organization;
  • Structuring;
  • Storage;
  • Adaptation or alteration;
  • Retrieval;
  • Consultation;
  • Use;
  • Disclosure by transmission, dissemination, or otherwise making available;
  • Alignment or combination;
  • Restriction;
  • Erasure; or
  • Destruction.

1.4 “Services” means the General Data Services & Consulting provided by the Company, including but not limited to data analysis, data management, and other related services as agreed upon in the Terms.

1.5 “Subscriber” means any natural or legal person who has subscribed to the Services by agreeing to the Terms.

1.6 “Terms” refers to the binding contract between the Company and the Subscriber that governs the Subscriber’s access to and use of the Services.

2. DATA COLLECTION

2.1 Direct Collection from Subscriber

The Company collects Personal Data directly from the Subscriber when you:

  • Register for or subscribe to our Services;
  • Complete forms on our website;
  • Communicate with us via email, telephone, or other channels;
  • Participate in surveys, promotions, or events; or
  • Provide feedback or submit queries.

2.2 Automatic Data Collection

We employ cookies and other web tracking technologies that primarily collect non-personally identifiable information (“Non-PII”). These technologies help us understand how you interact with our website and Services, enabling us to enhance user experience. All such technologies comply with the General Data Protection Regulation (“GDPR”) and other applicable data protection laws.

2.3 Types of Personal Data Collected

The Personal Data we collect may include, but is not limited to:

  • Contact Information: Name, email address, postal address, telephone number.
  • Identification Data: Username, password, or other security-related information used for authentication and access.
  • Financial Information: Payment details, credit or debit card numbers, billing address.
  • Transactional Data: Details about payments to and from you, and other details of Services you have purchased from us.
  • Technical Data: Internet Protocol (IP) address, browser type and version, time zone setting, operating system, and platform.
  • Usage Data: Information about how you use our website and Services.
  • Marketing and Communications Data: Your preferences in receiving marketing from us and our third parties, and your communication preferences.

3. PROCESSING OF PERSONAL DATA

3.1 Legal Basis for Processing

We process your Personal Data based on one or more of the following legal grounds:

  • Performance of a Contract: Processing is necessary for the performance of the contract between you and the Company, including providing you with our Services.
  • Legitimate Interests: Processing is necessary for the purposes of legitimate interests pursued by the Company, except where such interests are overridden by your interests or fundamental rights and freedoms.
  • Consent: You have given clear consent for us to process your Personal Data for specific purposes.
  • Compliance with Legal Obligations: Processing is necessary for compliance with a legal obligation to which the Company is subject.

3.2 Purposes of Processing

We process your Personal Data for the following purposes:

  • Service Delivery: To personalize your user experience and to deliver the Services you have requested.
  • Account Management: To manage your account, including billing and collections.
  • Communication: To communicate with you regarding updates, changes, or enhancements to our Services.
  • Security: To ensure the security and integrity of our Services and website.
  • Compliance: To comply with legal obligations, court orders, or to exercise or defend legal claims.
  • Analytics: To analyze usage patterns and improve our Services.
  • Marketing: To send you promotional materials, subject to your communication preferences and applicable laws.

3.3 No Sale of Personal Data

We explicitly affirm that we do not sell your Personal Data to third parties. Your Personal Data is used solely in accordance with this Policy.

3.4 Withdrawal of Consent

If we process your Personal Data based on your consent, you have the right to withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

4. SHARING OF PERSONAL DATA

4.1 Within the Company Group

We may share your Personal Data with our parent company, subsidiaries, affiliates, or other related entities (“Group Companies”) for purposes consistent with this Policy.

4.2 Third-Party Service Providers

We may disclose your Personal Data to third-party service providers who perform services on our behalf, such as:

  • Payment Processors: To facilitate transactions and process payments.
  • Cloud Service Providers: For data storage and management.
  • Analytics Providers: To analyze usage patterns and improve our Services.
  • Marketing Agencies: To send you promotional communications, subject to your preferences.

All third-party service providers are contractually obligated to protect your Personal Data and are prohibited from using your Personal Data for any purpose other than the specific services they are providing on our behalf.

4.3 Legal Requirements

We may disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

4.4 Business Transfers

In the event of a merger, acquisition, reorganization, sale of assets, or bankruptcy, your Personal Data may be transferred as part of the transaction. We will notify you of any such change in ownership or transfer of assets.

4.5 Protection of Rights

We may disclose your Personal Data when we believe it is necessary to:

  • Enforce our Terms;
  • Protect the rights, privacy, safety, or property of the Company, you, or others;
  • Detect and prevent fraud; or
  • Respond to legal processes or governmental requests.

5. RETENTION OF PERSONAL DATA

5.1 Retention Period

We retain your Personal Data only for as long as is necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.

5.2 Criteria for Determining Retention Period

To determine the appropriate retention period for Personal Data, we consider:

  • The amount, nature, and sensitivity of the Personal Data;
  • The potential risk of harm from unauthorized use or disclosure;
  • The purposes for which we process your Personal Data and whether we can achieve those purposes through other means;
  • Applicable legal requirements.

5.3 Deletion or Anonymization

In the absence of a legitimate business need to retain your Personal Data, we will either delete it or anonymize it so that it can no longer be associated with you. If deletion or anonymization is not feasible (e.g., because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.

6. SECURITY OF PERSONAL DATA

6.1 Technical and Organizational Measures

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including but not limited to:

  • Encryption: We use encryption protocols to protect Personal Data during transmission and storage.
  • Access Controls: Access to Personal Data is restricted to authorized personnel who need to know that information.
  • Security Assessments: Regular assessments and testing of our security measures.
  • Incident Response Plans: Procedures to deal with any suspected Personal Data breach.

6.2 Your Responsibilities

While we take reasonable steps to protect your Personal Data, you also play a role in safeguarding your information. We encourage you to:

  • Use strong, unique passwords for your accounts;
  • Keep your login credentials confidential;
  • Notify us immediately of any unauthorized use of your account.

6.3 Reporting Security Incidents

If you become aware of any security vulnerabilities or incidents, please contact us immediately at support@inxus.net so that we can take appropriate measures.

7. INTERNATIONAL DATA TRANSFERS

7.1 Transfer Mechanisms

Given that we are a U.S.-based company, your Personal Data may be transferred to, stored, or processed in the United States or other countries that may not have equivalent data protection laws as those in your jurisdiction. When we transfer Personal Data internationally, we ensure that appropriate safeguards are in place, such as:

  • Standard Contractual Clauses (SCCs) approved by relevant regulatory authorities;
  • Privacy Shield Frameworks (where applicable);
  • Binding Corporate Rules (BCRs).

7.2 Your Consent

By using our Services and providing your Personal Data, you consent to the transfer of your Personal Data to the United States and other countries outside of your country of residence.

8. RIGHTS OF DATA SUBJECTS

8.1 Access

You have the right to request access to the Personal Data we hold about you.

8.2 Rectification

You have the right to request that we correct any inaccuracies or incomplete Personal Data.

8.3 Erasure (“Right to be Forgotten”)

You have the right to request the deletion of your Personal Data under certain circumstances.

8.4 Restriction of Processing

You have the right to request the restriction of processing your Personal Data under certain conditions.

8.5 Data Portability

You have the right to receive your Personal Data in a structured, commonly used, and machine-readable format and have the right to transmit that data to another controller.

8.6 Objection

You have the right to object to the processing of your Personal Data where we are relying on legitimate interests as the legal basis.

8.7 Automated Decision-Making

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

8.8 Exercising Your Rights

To exercise any of your rights, please contact us at support@inxus.net. We may require you to verify your identity before fulfilling your request.

9. COOKIES AND TRACKING TECHNOLOGIES

9.1 Use of Cookies

We use cookies and similar tracking technologies to collect Non-PII and enhance your experience. Cookies are small data files stored on your device.

9.2 Types of Cookies Used

  • Essential Cookies: Necessary for the operation of our website.
  • Analytical/Performance Cookies: Allow us to recognize and count the number of visitors and see how visitors move around our website.
  • Functionality Cookies: Used to recognize you when you return to our website.
  • Targeting Cookies: Record your visit to our website, the pages you have visited, and the links you have followed.

9.3 Managing Cookies

You can manage or disable cookies through your browser settings. However, disabling cookies may affect the functionality and features of our website.

10. THIRD-PARTY LINKS

Our website and Services may contain links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements.

11. CHILDREN’S PRIVACY

Our Services are not intended for individuals under the age of 18. We do not knowingly collect Personal Data from children. If we become aware that we have collected Personal Data from a child without parental consent, we will take steps to delete such information promptly.

12. MODIFICATIONS TO THIS POLICY

12.1 Regular Review

We keep this Policy under regular review to ensure compliance with legal requirements and our business operations.

12.2 Amendments

We reserve the right to amend this Policy at any time. Any changes will be effective immediately upon posting the updated Policy on our website. If we make material changes, we will notify you via email or through a notice on our website.

12.3 Continued Use

Your continued use of our Services after any changes to this Policy constitutes your acceptance of the updated Policy.

13. GOVERNING LAW AND JURISDICTION

This Policy and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the United States and the State in which the Company is registered, without regard to its conflict of law principles.

14. CONTACT INFORMATION

14.1 Data Controller

iNxUS Data Solutions is the data controller responsible for your Personal Data.

14.2 Contact Us

If you have any questions, concerns, or requests regarding this Policy or our handling of your Personal Data, please contact us at:

14.3 Supervisory Authority

If you believe that we have not adequately addressed your concerns, you have the right to lodge a complaint with a competent data protection authority in your jurisdiction.

15. ACKNOWLEDGEMENT

By using our Services, you acknowledge that you have read and understood this Policy and agree to be bound by its terms.