Privacy Policy
We’re Serious About Your Privacy
Last Updated: April 25, 2024
This Privacy Policy describes our practices with respect to the collection, use and disclosure of Your information when You use the Services and tells You about Your privacy rights and choices.
We use Your Personal Data to provide and improve the Services. By using the Services, You agree to the collection, use and disclosure of Your information in accordance with this Privacy Policy.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES. BY USING OUR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO OUR TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY OUR TERMS, INCLUDING THIS PRIVACY POLICY. IF YOU DO NOT WANT YOUR INFORMATION USED OR DISCLOSED IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, OR IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION IN OUR TERMS, INCLUDING THIS PRIVACY POLICY, THEN YOU MUST NOT ACCESS OR USE OUR SERVICES (IN WHOLE OR IN PART) OR SUBMIT YOUR INFORMATION TO US.
NOTICE AT COLLECTION FOR CALIFORNIA RESIDENTS: If You are a California resident, please see the CCPA/CPRA Privacy Notice below.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Services or parts of our Services.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
- CCPA and/or CPRA refers to California Consumer Privacy Act (the “CCPA”) as amended by the California Privacy Rights Act of 2020 (the “CPRA”).
- Company (referred to as either “the Company”, “we”, “us” or “our” in this Privacy Policy) refers to CyberFox, LLC, 4925 Independence Parkway, Suite 400, Tampa, FL 33634.
- Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing information such as the details of Your browsing history on that website among its many uses.
- Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
- Device means any device that can access the Services such as a computer, a cellphone or a digital tablet.
- GDPR refers to EU General Data Protection Regulation.
- Personal Data is any information that relates to an identified or identifiable individual.
- Services means the Website (and its related domains), the services and products provided or accessed through the Website, any email notifications or other mediums, or portions of such mediums, through which You have accessed this Privacy Policy, and any information, data, and content viewable on, contained in or downloadable from any of the foregoing.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Services, to provide the Services on behalf of the Company, to perform services related to the Services or to assist the Company in analyzing how the Services are used. For the purpose of the GDPR, Service Providers are considered Data Processors.
- Usage Data refers to data collected automatically, either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).
- Website refers to our website accessible from https://www.cyberfox.com/.
- You or Your means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Services. Unless You have adjusted Your browser setting so that it will refuse Cookies, our Services may use Cookies.
- Web Beacons. Certain sections of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
- Necessary / Essential Cookies
- Cookies Policy / Notice Acceptance Cookies
- Functionality Cookies
- Tracking and Performance Cookies
- Targeting and Advertising Cookies
- To provide and maintain our Services, including to monitor the usage of our Services.
- To manage Your Account: to manage Your registration as a user of the Services. The Personal Data You provide can give You access to different functionalities of the Services that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or Services You have purchased or of any other contract with us through the Services.
- To contact You: To contact You by email, telephone calls, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to us.
- To deliver targeted advertising to You: We may use Your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and/or location and to measure its effectiveness.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Services users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, other services, marketing and Your experience.
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Services, to show advertisements to You to help support and maintain our Services, to advertise on third party websites to You after You visited our Services, for payment processing, or to contact You.
- For Business Transfers: We may disclose, lease, sell, assign, or transfer the information we collect (including Your information) to third parties in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy, or other corporate change involving us, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part of or our whole business. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, or assets (including our Services) to an affiliate or independent third party at any time, for any lawful purpose, without notice or compensation to You.
- With Affiliates: We may share Your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
- With business partners: We may share Your information with our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Services
- Protect the personal safety of users of the Services or the public
- Protect against legal liability
- Google Analytics
- Google AdSense & DoubleClick Cookie
- HubSpot
- Apple Store In-App Payments
- Google Play In-App Payments
- Stripe
- 2Checkout
- Measure and analyze traffic and browsing activity on our Services
- Show advertisements for our products and/or Services to You on third-party websites or apps
- Measure and analyze the performance of our advertising campaigns
- The NAI’s opt-out platform: Http://Www.Networkadvertising.Org/Choices/
- The EDAA’s opt-out platform Http://Www.Youronlinechoices.Com/
- The DAA’s opt-out platform: Http://Optout.Aboutads.Info/?C=2&Lang=EN
- Google Ads (AdWords)
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
- Request access to Your Personal Data. The right to access, update or delete the information we have on You. Whenever made possible, You can access, update or request deletion of Your Personal Data directly within Your account settings section. If You are unable to perform these actions yourself, please contact us to assist You. This also enables You to receive a copy of the Personal Data we hold about You.
- Request correction of the Personal Data that we hold about You. You have the right to have any incomplete or inaccurate information we hold about You corrected.
- Object to processing of Your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where we are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for us to use or where we used the information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent on using Your Personal Data. If You withdraw Your consent, we may not be able to provide You with access to certain specific functionalities of the Services.
- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).
- Data portability.
- Opt-out of personal data processing for:
- targeted advertising (excluding Iowa);
- sales; or
- profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
- Either limit (opt-out of) or require consent to process sensitive personal data.
- Category A: Identifiers.
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
- Category C: Protected classification characteristics under California or federal law.
- Category D: Commercial information.
- Category E: Biometric information.
- Category F: Internet or other similar network activity.
- Category G: Geolocation data.
- Category H: Sensory data.
- Category I: Professional or employment-related information.
- Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
- Category K: Inferences drawn from other personal information.
- Category L: Sensitive personal information.
- Publicly available information from government records
- Deidentified or aggregated consumer information
- Information excluded from the CCPA/CPRA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994
- Directly from You. For example, from the forms You complete on our Services, preferences You express or provide through our Services, or from Your purchases on our Services.
- Indirectly from You. For example, from observing Your activity on our Services.
- Automatically from You. For example, through cookies we or our Service Providers set on Your Device as You navigate through our Services.
- From Service Providers. For example, third-party vendors to monitor and analyze the use of our Services, third-party vendors to provide advertising on our Services, third-party vendors to deliver targeted advertising to You, third-party vendors for payment processing, or other third-party vendors that we use to provide the Services to You.
- To operate our Services and provide You with our Services.
- To provide You with support and to respond to Your inquiries, including to investigate and address Your concerns and monitor and improve our Services.
- To fulfill or meet the reason You provided the information. For example, if You share Your contact information to ask a question about our Services, we will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, we will use that information to process Your payment and facilitate delivery.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to You when collecting Your personal information or as otherwise set forth in the CCPA/CPRA.
- For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
- Other one-time uses.
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
- Category G: Geolocation data
- Service Providers
- Payment processors
- Our affiliates
- Our business partners
- Third party vendors to whom You or Your agents authorize us to disclose Your personal information in connection with products or services we provide to You
- Category A: Identifiers
- Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Category D: Commercial information
- Category F: Internet or other similar network activity
- Category G: Geolocation data
- The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
- The right to know/access. Under the CCPA/CPRA, You have the right to request that we disclose information to You about our collection, use, sale, disclosure for business purposes and share of personal information. Once we receive and confirm Your request, we will disclose to You:
- The categories of personal information we collected about You
- The categories of sources for the personal information we collected about You
- Our business or commercial purposes 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
- If we sold Your personal information or disclosed Your personal information for a business purpose, we will disclose to You:
- The categories of personal information categories sold
- The categories of personal information categories disclosed
- The right to say no to the sale or sharing of Personal Data (opt-out). You have the right to direct us to not sell Your personal information. To submit an opt-out request, contact us legal@cyberfox.com.
- The right to correct Personal Data. You have the right to correct or rectify any inaccurate personal information about You that we collected. Once we receive and confirm Your request, we will use commercially reasonable efforts to correct (and direct our Service Providers to correct) Your personal information, unless an exception applies.
- The right to limit use and disclosure of sensitive Personal Data. You have the right to request to limit the use or disclosure of certain sensitive personal information we collected about You, unless an exception applies. To submit, please see the “Limit the Use or Disclosure of My Sensitive Personal Information” link or contact us.
- The right to delete Personal Data. You have the right to request the deletion of Your Personal Data under certain circumstances, subject to certain exceptions. Once we receive and confirm Your request, we will delete (and direct our Service Providers to delete) Your personal information from our records, unless an exception applies. We may deny Your deletion request if retaining the information is necessary for us or our Service Providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that You requested, take actions reasonably anticipated within the context of our ongoing business relationship with You, or otherwise perform our contract with You.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if You previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which You provided it.
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
- However, we may offer You certain financial incentives permitted by the CCPA that can resultin different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to Your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires Your prior opt in consent, which You may revoke at any time.
- The NAI’s opt-out platform: Http://Www.Networkadvertising.Org/Choices/
- The EDAA’s opt-out platform Http://Www.Youronlinechoices.Com/
- The DAA’s opt-out platform: Http://Optout.Aboutads.Info/?C=2&Lang=EN
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
- “Limit Ad Tracking” on iOS devices
- By email: privacy@CyberFOX.com