Effective Date: May 25, 2018
Last updated: April 30, 2020
13. Contacting us.
1. What personal data is collected and how it is collected.
Personal data is information that identifies you and may be used to contact you. We collect personal data when Customers and/or you provide it to us and when you use the Services.
Personal data Customers and/or you provide to us. PIX is provided with personal data by its Customers and Customers’ authorized users and uses that information to create a user account or otherwise enable access to the Services. We do not require that anyone disclose more information than reasonably necessary in order to use the Services. PIX may collect, store and/or process some or all of the following types of personal data: your first name, last name, employer name, title, department, username, e-mail address, phone number(s) and other contact details that you share with PIX.
Use of the Services. When you use our Services, we also collect your IP address and log how you use our Services and access Content. The personal data we process about you is necessary in order for you to use our Services and failure to provide such data may result in you not being able to use our Services. We also may automatically collect certain data when you use our Services, such as your geo-location coordinates, device identifiers, operating system, computer type, software, and your activity.
2. How your personal data we have collected is used.
Purpose of the processing
a) To provide you access to the Services, to administrate your user account and communicate with you regarding your user account and use of the Services;
b) To understand and analyze how you use the Services in order to improve technical functionality of the Services and to develop new products and services;
c) To (i) prevent, detect, investigate and take measures against criminal activity, fraud and misuse of or damage to our Services or network or the Content, (ii) take measures against other threats against PIX's or a third party's rights, (iii) establish or exercise our legal rights or defend against legal claims, or (vi) protect the safety or property of our employees, contractors, Customers, users or others;
d) To comply with (i) applicable laws, regulations, court orders, government requests, and law enforcement agencies’ requests, or (ii) the extent otherwise required by applicable law; and
e) Customize and deliver content and marketing communications about our Services and the products consistent with your choices through emails and push notifications. d
Legal basis for the processing
a) Performance of a contract and/or EULA.
b) Legitimate interest taking into account the following criteria in its balancing tests:
- PIX’s interest in developing its Services and developing new products and services in order to be able to provide up-to-date and competitive products and services;
- PIX’s interest in investigating suspicion of and taking measures against misuse of or damage to our Services, network or the Content;
- PIX’s and/or third party's interest in investigating and producing evidence regarding criminal activity, fraud and other threats against its interest;
- PIX’s interest in establishing and exercising its legal rights;
- PIX’s and/or third party’s right to protect its safety or property;
- Competent authority’s interest in conducting law enforcement activities and collecting evidence for such purposes.
c) Compliance with legal obligations and exercising its rights under applicable laws.
d) Where required by law, on the basis of the consent of users which may subsequently be withdrawn at any time by contacting us, without affecting the lawfulness of processing based on consent before its withdrawal. We rely on consent for certain marketing purposes. For more information on how you can provide or withdraw your consent, see your choices.
d) Compliance with a legal obligation to which PIX is subject.
3. Disclosure of your personal data.
Personal data is never sold or leased to any third parties. We limit the disclosure of your personal data to the following instances:
- Within PIX. We may share your personal data with X2X, Ltd.
- Other users. Your personal data may be disclosed to Customers that control the projects, and/or to users in the projects you access as part of the Services. Such disclosure is necessary in order to control, restrict and log access to Content, and as may otherwise be necessary for PIX to provide the Services.
- Legal purposes. Your personal data may also be disclosed to authorities and other legal bodies in order to (i) prevent, detect, investigate and take measures against criminal activity, fraud and misuse of or damage to our Services or network or Content; (ii) take measures against other threats against PIX’s or a third party’s rights; (iii) comply with applicable laws, regulations, court orders, government requests, and law enforcement agencies’ requests; (iv) exercise our legal rights or defend against legal claims; or (v) protect the rights, property or safety of our website, users of our website or Services and others.
- Corporate Transaction. In the event that PIX is restructured, is reorganized, acquires, is acquired by, or merged with another company, entity or individual, we may disclose and/or transfer your personal data to such other company, entity or individual.
- With Your Consent. We may share your personal data for any other purposes disclosed to you at the time we collect the information or pursuant to your consent as required by law.
4. Transfers of personal data, including internationally.
PIX’s principal office is located in the state of California, United States of America with additional offices in Hungary, New Zealand, Germany and/or United Kingdom. The Customers also have locations in a number of states in the United States of America and other countries. To the extent the processing is subject to the General Data Protection Regulation (2016/679) (“GDPR”), cross-border transfers of personal data outside the EU/EES may be necessary for the performance of the contract between you and PIX (article 49.1 (b) of the GDPR). Some of the third parties identified under “Disclosure of your personal data” may also be located in the United States of America or elsewhere outside the EU/EEA, in which case we will take necessary steps required under the GDPR (if applicable) in order for such transfer of data across borders to be compliant with the GDPR. In cases where there is no adequacy decision by the Commission, this may, for example, include the use of EU model clauses (under Article 46.2 of the GDPR) or the recipient being certified under the US-EU Privacy Shield Framework (under Article 45 of the GDPR).
5. PIX’s retention of your personal data.
PIX does not retain your personal data for longer than is necessary considering the purpose for which such personal data is processed.
6. Your choices and control with respect to your personal data.
PIX provides you with a variety of choices to control the use and sharing of your personal data, including:
Email Communications. You have the right to opt-out of receiving electronic updates and other marketing emails from us at any time. Just follow the “opt-out” or “unsubscribe” instructions in any of those messages. If you reside in the EEA and are subject to GDPR regulations, we will offer you the choice to opt-in (consent) to receive such communications prior to sending you any. You have the right to opt-out of (withdraw your consent) receiving electronic updates and other marketing emails from us at any time. Just follow the “opt-out” or “unsubscribe” instructions in any of those messages. Please note that even if you have opted out of receiving marketing email messages, you may continue to receive messages related to your account, your transactions, legal notices and similar service-related messages.
7. Information on cookies and tracking technologies.
- Session cookies: temporary cookies that remain in the cookie file of your browser until you leave the site. Session cookies are used to validate your session and carry information across pages of the Services so you don’t have to re-enter information in order to access different files your account has permission to view.
- Persistent cookies: cookies that remain in the cookie file of your browser for a longer period of time (how long will depend on the lifetime of the specific cookie). Persistent cookies are used to help us recognize you as a unique user when you return to our Services or website. We may also use persistent cookies to compile anonymous, aggregated statistics that allow us to understand how our Services and website is used and to help us improve the Services and website.
Through these cookies and other tools noted below, we may track users over time over our Services and websites. We do not follow browser do not track signals. We may also use other tracking technologies such as pixel tags, web beacons, or other programming code. Such technologies may be used for a number of purposes, including, without limitation, to log access to the Service, and to monitor how users navigate the Service. Such technologies may also enable us to send email messages in a format that users can read. Data collected by or from such technologies will be treated as non-personal data.
8. The Services are not intended for children.
The Services are not targeted at or intended for children and we do not knowingly collect personal data from anyone under the age of 18. If you believe we may have collected personal data regarding your child, please contact us and we will make reasonable efforts to delete the information from our Services.
9. How your personal data is protected.
We have implemented technical, administrative and physical security measures to attempt to protect your personal data from unauthorized access and improper use. However, please understand that no security measure is perfect or impenetrable and therefore we cannot guarantee the absolute security of your personal data. We also protect your personal data offline. Only employees, contractors and/or suppliers who need the data to perform a specific job (for example, customer service) are granted access to personal data. The servers on which personal data is stored are kept in a secure environment.
If the processing of your personal data is subject to the GDPR you have the following rights:
(i) You are at any time and free of charge entitled to receive a copy of the personal data that we hold about you and information about the processing. Please note that PIX needs to, in order to be able to answer your request, be able to determine your identity.
(ii) You have the right to, without undue delay, have inaccurate or incomplete personal data about you corrected. Furthermore, you have the right to request that PIX restricts the processing of your personal data under certain conditions; for example, if you contest the accuracy of the personal data, the processing may be restricted for a period enabling PIX to verify the accuracy of the personal data or if PIX no longer needs the personal data for the purposes of the processing but you require the personal data for the establishment, exercise or defense of legal claims.
(iii) You have the right to have your personal data deleted without undue delay if, for example, the personal data is no longer necessary in relation to the purpose for which it was collected or otherwise processed. Please note that PIX is not obligated to delete the personal data if PIX can show that the processing is necessary, for example, for the establishment, exercise or defense of a legal claim or if PIX has other legitimate interests for retaining some personal data in our records.
(iv) You have the right to object, on grounds relating to your particular situation, at any time to PIX’s processing of your personal data if the processing is based on, for example, legitimate interests. If you object to such processing, PIX will no longer be entitled to process your personal data based on such legal basis, unless PIX can demonstrate compelling legitimate grounds for the processing which overrides your interests, rights and freedom or if it is conducted for the establishment, exercise or defense of a legal claim.
(v) You have, under certain conditions, the right to receive the personal data concerning you and which you have provided to PIX, in a structured, commonly used and machine-readable format and have the right to transmit such personal data to another data controller without PIX trying to prevent this, where PIX’s processing of your personal data is based a contract and the processing is carried out by automated means. In such case you have the right to request that the personal data shall be transmitted from PIX directly to another data controller, where technically feasible.
(vi) If you are unhappy with our processing of your personal data you may lodge a complaint with a competent supervisory authority, for example in the country of your habitual residence, place of work or of an alleged infringement of the GDPR or other applicable data privacy laws.
12. California residents and California privacy rights.
If you are a user of our Services and a California resident, you have special rights under California Privacy Act of 2018 (“CCPA”) as described in X2X Privacy Notice for California Residents. We treat the privacy of our users very seriously and for this reason do not Sell (as defined by CCPA) your personal data. PIX has not and will not knowingly share your personal data with third parties for their own direct marketing purposes without your consent.
13. Contacting us.
X2X, LLC, 100 1st Street, Suite 300, San Francisco, California 94105