ABOUT XONA

 

Last modified: June 6, 2018

Introduction

Xona Microfluidics^® Inc (“Xona,” “Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

THIS PRIVACY POLICY, INCLUDING SECTIONS 1 AND 2, APPLIES TO ALL OF XONA’S CLIENTS AND XONA’S WEBSITE VISITORS.  BECAUSE XONA ANTICIPATES THAT CLIENTS AND VISITORS FROM THE EUROPEAN UNION AND/OR CLIENTS AND VISITORS WHO ARE SUBJECT TO THE GENERAL DATA PROTECTION RULES (“GDPR”) MAY VISIT OUR WEBSITE AND/OR USE XONA’S PRODUCTS AND/OR SERVICES, XONA HAS ADDED ADDITIONAL DETAILED PROVISIONS CONTAINED IN “SECTION 2” BELOW TO ADDRESS ISSUES PERTAINING TO THE GDPR.

ALL CLIENTS AND VISITORS ARE DIRECTED TO REVIEW THIS PRIVACY POLICY IN ITS ENTIRETY, INCLUDING SECTIONS 1 AND 2.

PLEASE NOTE: XONA DOES NOT CURRENTLY ALLOW  THIRD PARTY ACCESS TO ITS CLIENTS’ OR VISITORS’ PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING, ADVERTISING OR DIRECT SALES PURPOSES.

WE INCLUDE THIRD PARTY REFERENCES IN THIS PRIVACY POLICY TO INFORM YOU OF POLICIES THAT WILL BE IN PLACE IF XONA AT ANY TIME DECIDES TO CHANGE ITS THIRD PARTY ACCESS PRACTICES.

YOU MAY ‘OPT OUT’ AS APPROPRIATE BY CONTACTING US AT INFO@XONA.US.

SECTION 1

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.xonamicrofluidics.com (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

 

• • On this Website.

• • In email, text, and other electronic messages between you and this Website.

• • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

• • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

• • Other potential sources.

     

    • • It does not apply to information collected by:

         

        • • us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
        • • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: info@xona.us

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

 

• • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or public or private entity (“personal information“);

• • that is about you but individually does not identify you; and/or

• • about your internet connection, the equipment you use to access our Website and usage details.

We may collect this information in the following ways, according to contemporaneous practice:

 

• • Directly from you when you provide it to us.

• • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

• • From third parties, for example, our business partners.

Information You Provide to Us.

The information we collect on or through our Website may include:

 

• • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or requesting further services. We may also ask you for information when you report a problem with our Website.

• • Records and copies of your correspondence (including email addresses), if you contact us.

• • Your responses to surveys that we might ask you to complete for research purposes.

• • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

• • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 

• • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

• • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

 

• • Estimate our audience size and usage patterns.

• • Store information about your preferences, allowing us to customize our Website according to your individual interests.

• • Speed up your searches.

• • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

 

• • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Third-Party Use of Cookies

PLEASE NOTE: XONA DOES NOT CURRENTLY ALLOW  THIRD PARTY ACCESS TO ITS CLIENTS’ OR VISITORS’ PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING, ADVERTISING OR DIRECT SALES PURPOSES.

WE INCLUDE THIRD PARTY REFERENCES IN THIS PRIVACY POLICY TO INFORM YOU OF POLICIES THAT WILL BE IN PLACE IF XONA AT ANY TIME DECIDES TO CHANGE ITS THIRD PARTY ACCESS PRACTICES.

YOU MAY ‘OPT OUT’ AS APPROPRIATE BY CONTACTING US AT INFO@XONA.US.

This website MAY include 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. When you leave our website, we encourage you to read the privacy policy of every website you visit.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

 

• • To present our Website and its contents to you.

• • To provide you with information, products, or services that you request from us.

• • To fulfill any other purpose for which you provide it.

• • To provide you with notices about your account, including expiration and renewal notices.

• • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• • To notify you about changes to our Website or any products or services we offer or provide though it.

• • To allow you to participate in interactive features on our Website.

• • OTHER USE OF INFORMATION

     

    • • In any other way we may describe when you provide the information.
    • • For any other purpose with your consent.

If you have opted in to our newsletter, we may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the order form). You may unsubscribe at any time, the unsubscribe link is included in the footer of every email as required by law.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

 

• • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

     

    • • PLEASE NOTE: XONA DOES NOT CURRENTLY ALLOW THIRD PARTY ACCESS TO ITS CLIENTS’ OR VISITORS’ PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING, ADVERTISING OR DIRECT SALES PURPOSES.
    • • WE INCLUDE THIRD PARTY REFERENCES IN THIS PRIVACY POLICY TO INFORM YOU OF POLICIES THAT WILL BE IN PLACE IF XONA AT ANY TIME DECIDES TO CHANGE ITS THIRD PARTY ACCESS PRACTICES.
    • • YOU MAY ‘OPT OUT’ AS APPROPRIATE BY CONTACTING US AT INFO@XONA.US.

• • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Xona Microfluidics^® Inc’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Xona Microfluidics^® Inc about our Website users is among the assets transferred.

• • To fulfill the purpose for which you provide it.

• • For any other purpose disclosed by us when you provide the information.

• • With your consent, we may also disclose your personal information:

• • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

• • To enforce or apply our agreements with you, and other agreements, including for billing and collection purposes.

• • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Xona Microfluidics^® Inc, our customers, or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

 

• • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

• • Promotional Offers from the Company. We require a double opt-in to receive our newsletter and company info. You may unsubscribe at any time, the unsubscribe link is included in the footer of every email as required by law. You can also opt out by sending us an email stating your request to info@xona.us. Or, if we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls.

The safety and security of your information also depends on you. Where we may have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards.  Any user of the Website may view the information you share in public areas.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website.  Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@xona.us

SECTION 2

THIS SECTION PERTAINS ESPECIALLY TO XONA’S EUROPEAN CLIENTS AND VISITORS AND TO ALL OF XONA’S CLIENTS AND VISITORS WHO ARE SUBJECT TO GENERAL DATA PROTECTION RULES.  HOWEVER, THIS SECTION 2 ALSO INCLUDES INFORMATION THAT MAY BE APPLICABLE TO ALL OF XONA’S CLIENTS AND VISITORS REGARDLESS OF GEOGRAPHIC LOCATION. THEREFORE, ALL OF XONA’S CLIENTS AND VISITORS ARE RESPONSIBLE TO REVIEW XONA’S ENTIRE PRIVACY POLICY.

The information in this Section 2 may or may not be duplicative of information included in Section 1 above.  We have made every effort to avoid duplication or contradiction, but in the interest of full disclosure, have erred on the side of inclusion.

In the event of any contradiction between Section 1 and Section 2, the language in Section 2 controls.

Xona is the controller and responsible for your personal data.

We have appointed a data protection officer (DPO) who may be contacted at info@xona.us. The DPO is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the contact information above.

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

PLEASE NOTE: XONA DOES NOT CURRENTLY ALLOW  THIRD PARTY ACCESS TO ITS CLIENTS’ OR VISITORS’ PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING, ADVERTISING OR DIRECT SALES PURPOSES. WE INCLUDE THIRD PARTY REFERENCES IN THIS PRIVACY POLICY TO INFORM YOU OF POLICIES THAT WILL BE IN PLACE IF XONA AT ANY TIME DECIDES TO CHANGE ITS THIRD PARTY ACCESS PRACTICES.  YOU MAY ‘OPT OUT’ AS APPROPRIATE BY CONTACTING US AT INFO@XONA.US.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

 

• • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

• • Contact Data includes billing address, delivery address, email address and telephone numbers.

• • Financial Data includes bank account and payment card details.

• • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

• • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

• • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

• • Usage Data includes information about how you use our website, products and services.

• • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If You Fail To Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Data Collection Methods

 

• • Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you MAY do one or more of the following:

     

    • • apply for our products or services;
    • • create an account on our website;
    • • subscribe to our service or publications;
    • • request marketing to be sent to you;
    • • enter a competition, promotion or survey; or
    • • give us feedback or contact us.

• • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Third-Party Use of Cookies policy under Section 1 above.

• • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

     

    • • Technical Data from the following parties:

         

        • • analytics providers such as Google based outside the EU

• • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

• • PLEASE NOTE: XONA DOES NOT CURRENTLY ALLOW THIRD PARTY ACCESS TO ITS CLIENTS’ OR VISITORS’ PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING, ADVERTISING OR DIRECT SALES PURPOSES. WE INCLUDE THIRD PARTY REFERENCES IN THIS PRIVACY POLICY TO INFORM YOU OF POLICIES THAT WILL BE IN PLACE IF XONA AT ANY TIME DECIDES TO CHANGE ITS THIRD PARTY ACCESS PRACTICES.  YOU MAY ‘OPT OUT’ AS APPROPRIATE BY CONTACTING US AT INFO@XONA.US.

How we use your personal data

We will only use your personal data when the law allows us to.   Most commonly, we will use your personal data in the following circumstances:

 

• • Where we need to perform the contract we are about to enter into or have entered into with you.

• • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

• • Where we need to comply with a legal obligation.

You have the right to withdraw consent to marketing at any time by contacting us, or by following the unsubscribe instructions included on every email marketing communication from us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we CURRENTLY DO OR MAY plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we MAY process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new customer	(a) Identity (b) Contact	Performance of a contract with you
To process and deliver your order including: (a) Process payments, fees and charges (b) Collect and recover money owed to us (c) Necessary communications via email, phone, or text to fulfil your order.	(a) Identity (b) Contact (c) Financial (d) Transaction	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey	(a) Identity (b) Contact (c) Profile (d) Marketing and Communications	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey	(a) Identity (b) Contact (c) Profile (d) Usage	(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Identity (b) Contact (c) Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	(a) Technical (b) Usage	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile	Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. You may opt out of our marketing emails at any time using the unsubscribe link and instructions included on every email. We will not send you marketing communications via email without your express consent.

Promotional offers from us

You will receive marketing communications from us if you have opted in to our newsletter, either on the contact form, or during the purchasing process.  We use a form for voluntary sign up to our awesome newsletter. We use Aweber to distribute it and use double opt in functionality to make sure we have your full consent to be mailed. You may unsubscribe at any time and info on how to do that is included in the footer of every email as required. Aweber is committed to your privacy as well, learn more here: https://www.aweber.com/privacy.htm

Third-party marketing

PLEASE NOTE: XONA DOES NOT CURRENTLY ALLOW THIRD PARTY ACCESS TO ITS CLIENTS’ OR VISITORS’ PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING, ADVERTISING OR DIRECT SALES PURPOSES. WE INCLUDE THIRD PARTY REFERENCES IN THIS PRIVACY POLICY TO INFORM YOU OF POLICIES THAT WILL BE IN PLACE IF XONA AT ANY TIME DECIDES TO CHANGE ITS THIRD PARTY ACCESS PRACTICES.  YOU MAY ALWAYS ‘OPT OUT’ AS APPROPRIATE BY CONTACTING US AT INFO@XONA.US.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Opting out

You may unsubscribe to our newsletter at any time. Information and the direct link to do so is included in the footer of every email as required by law. You may also opt out by contacting us at any time at info@xona.us

Where you opt out of receiving our newsletter, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

 

• • A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

Third-Party Use of Cookies

This website MAY include 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. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at info@xona.us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

1. Disclosures of Your Personal Data

We may share your personal data with the parties set out below for the purposes set out in the table [Purposes for which we will use your personal data] above.

 

• • Internal Third Parties: Other companies in the Xona Group that may be acting as joint controllers or processors and who are based in the United States and provide IT and system administration services and undertake leadership reporting.

• • External Third Parties:

     

    • • Service providers acting as processors based in the United States who provide IT and system administration services.
    • • Professional advisors acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United States and/or the European Union or United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
    • • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

• • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

PLEASE NOTE: XONA DOES NOT CURRENTLY ALLOW THIRD PARTY ACCESS TO ITS CLIENTS’ OR VISITORS’ PERSONALLY IDENTIFIABLE INFORMATION FOR MARKETING, ADVERTISING OR DIRECT SALES PURPOSES. WE INCLUDE THIRD PARTY REFERENCES IN THIS PRIVACY POLICY TO INFORM YOU OF POLICIES THAT WILL BE IN PLACE IF XONA AT ANY TIME DECIDES TO CHANGE ITS THIRD PARTY ACCESS PRACTICES.  YOU MAY ‘OPT OUT’ AS APPROPRIATE BY CONTACTING US AT INFO@XONA.US.

2. International transfers
We share your personal data within Xona. This will involve transferring your data outside the European Economic Area (EEA).

Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

 

• • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

• • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

3. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

4. Data retention

 

• • How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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 of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are set out in the table [Purposes for which we will use your personal data] above.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

 

• • If you want us to establish the data’s accuracy.

• • Where our use of the data is unlawful but you do not want us to erase it.

• • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

• • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. 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 consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within 30 days. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

5. Glossary

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at xona@info.us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.