You may electronically submit data or information to the Site that identifies or may be used in combination with other information to identify you (“Personal Information”).
We collect Personal Information from you:
While you use our Site, we may, with your consent, collect information based on your interaction with our Site or from the devices or computers you use to access the Site, including web log information, page views, IP addresses, geographic location (if detectable from a mobile device). We will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.
Any of the Personal Information we collect from you on the Site may be used in any of the following ways:
The use of information collected through our Site will be limited to ProPhoenix’s legitimate interests, where we have considered these are not overridden by your rights, or based upon your informed consent.
Personal Information or Personal Data is 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 to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, or any other information that is defined as Personal Information, Personal Data, or Personally Identifiable Information under an applicable law (hereinafter referred to as “Personal Information”)
We take great care in implementing, enforcing and maintaining the security of our Site and Users’ information. ProPhoenix implements, enforces and maintains security policies to prevent the unauthorized or accidental access to or destruction, loss, modification, use or disclosure of Personal Information or Personal Data and to monitor compliance of such policies on an ongoing basis. All information is stored with logical separation from information of other Customers. However, we do not guarantee that unauthorized access will never occur.
We use a combination of processes, technology and physical security controls to help protect Personal Information and Personal Data from unauthorized access, use, or disclosure. Each server is protected by a firewall, exposing it only to the minimum ports necessary. However, no security controls are 100% effective, and we cannot completely ensure or warrant the security of your Personal Information.
Subject to applicable law, ProPhoenix will act in accordance with its policies to promptly notify you in the event that any of your Personal Information or Personal Data is lost, stolen, or where there has been any unauthorized access to it.
ProPhoenix may use browser cookies on the Site to keep track of your visit.
We do not sell, trade, or otherwise transfer to outside parties your Personal Information. This does not include disclosure of data to trusted third parties who assist us in operating our Site or service, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when demanded by governmental authorities and we believe release is appropriate to comply with the law, enforce our Site policies, or protect ours or others’ rights, property, or safety, to the extent permitted by law. We may also share your Personal Information with another organization that buys all or substantially all of our business assets.
We store your Personal Information on our servers located in the United States.
Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your Personal Information to outside parties without your consent.
Upon request, ProPhoenix will provide you with information about whether we hold any of your Personal Information. A User may have a legal right under certain applicable laws (for instance if the User is residing in California as applicable) to receive, rectify, erase, and restrict Personal Information about them that is held by us, to object to processing and, if processing occurs based on consent, to withdraw their consent. Users may also have the right to withdraw consent for processing for statistical and research purposes and in some cases (subject to applicable laws) to request cessation of any collection of Personal Information. ProPhoenix will never discriminate against any person based on his or her exercising of their rights hereunder.
If, for any reason, a User wishes to modify, delete or retrieve his or her Personal Information collected through the website and is entitled to under applicable laws, he or she may do so by contacting ProPhoenix at the address detailed above. We shall perform the necessary process to identify the User as a User who has the right to retrieve the specific information and then we will ask for a specific identification of the User and data (as shall be applicable for the requested data – for instance IP address and time of uploading the information to ProPhoenix’s servers (IP address is not enough for an identification of User or data)). ProPhoenix cannot retrieve data without a specific identification of User and data. ProPhoenix may not be able to delete, amend or retrieve User’s information without other Controller’s instructions and authorization (as applicable). We shall make efforts to respond to a User’s request within 30 days or as required under applicable law however, deletion of data may take longer (see below).
Please note that Personal Information may be either deleted or retained in an aggregated manner, without being linked to any identifiers or Personal Information, depending on technical commercial capability.
For any request or question regarding deletion or amendment of User data, you can contact our Data Protection Officer at the contact details listed above and we shall make efforts to respond and support your request within no more than 30 days.
The Information gathered through the Site shall not be retained longer than legally permitted.
You may opt out of receiving future communications from us (with the exception of service information when you continue to use the ProPhoenix service) by logging into your account and editing your profile. You may also opt out of receiving commercial e-mail from us, or other target advertising, by following the instructions in each email.