2. Information Collection for Children
2.1 Website Not Intended for Children. The Operator does not
(a) intend that the Website or its content are used by anyone under the age of 18 or the age of majority if higher, or
(b) direct the Website or its content at anyone under the age of 18 or the age of majority if higher.
2.2 No Intentional Information Collection from Children. The Operator will not,
(a) intentionally collect or solicit any Information from anyone under the age of 18 or the age of majority if higher, or
(b) allow people under the age of 18 (or the age of majority if higher) to register for the Website.
2.3 In Case of Unintended Collection. If the Operator learns from any Person that it has collected Information from anyone under age 18 or the age of majority if higher, the Operator will promptly delete that Information.
3. How Operator Uses Information. The Operator may use the Information it collects to
3.1 provide, operate, maintain, improve, and promote the Website;
3.2 enable Users to access and use the Website, including downloading and streaming content;
3.3 process and complete transactions and send Users related information, including purchase confirmations and invoices;
3.4 send transactional messages, including responding to User comments, questions, and requests, providing User service and support, and sending Users technical notices, updates, security alerts, and support and administrative messages;
3.5 send promotional communications, such as providing Users with information about services, features, newsletters, offers, promotions, contests, and events;
3.6 monitor and analyze trends, usage, and activities in connection with the Website and for marketing or advertising purposes;
3.7 investigate and prevent fraudulent transactions, unauthorized access to the Website, and other illegal activities; and
3.8 personalize the Website content, features, or advertisements.
4. Information Advertising and Sharing
4.1 Advertising and Cookies
(a) Third-Party Advertising and Cookies. The Operator may permit third-party advertising partners to deliver ads to Users and use cookies on the Website.
(b) Policy Does Not Cover Third-Party Advertisers. This policy does not cover third-party advertising partners’ use of cookies, which is subject to the third-party advertising partners’ own privacy policies.
(c) Use of Cookies. The Operator may, and may permit third-party advertising partners, to use cookies to
(i) recognize a User’s computers;
(ii) send online advertisements to Users; and
(iii) compile Information about a User’s, and other’s, use of its computer.
The Operator may share Information with third-party service providers it employs to perform functions and provide services for the Operator and the Website, subject to the terms of this policy, and only to the extent necessary
(a) to process payments;
(b) to prevent, detect, and investigate fraud or other prohibited activities;
(c) to facilitate dispute resolution, such as chargebacks or refunds; and
(d) for other purposes associated with the acceptance of credit or debit cards.
4.3 Credit and Debit Card Information. The Operator may share User credit or debit card numbers with third-party payment services providers or card networks, only to the extent necessary to monitor card transactions at participating merchants and track redemption activity for the purposes of providing card-linked services.
5. User Settings. The Operator will provide Users the ability to exercise certain controls and choices regarding the Operator’s collection, use, and sharing of User information, to the extent required by Law, which might include a User's ability to
5.1 correct, update, and delete account information;
5.2 change choices for subscriptions and newsletters;
5.3 choose whether or not to receive offers from the Operator; and
5.4 choose whether the User receives targeted advertising from the Operator or third-party advertising partners.
6. Accessing and Correcting User Information
6.1 Opportunity to Correct Contact Information and Preferences. The Operator will provide Users with the opportunity to ensure that contact information and preferences are accurate, complete, and up to date, through each User's account, accessible from
TheNyxonFiles.com.
6.2 Opportunity to Request Corrections and Deletions. Subject to section 6.3 (Discretion Over Corrections and Deletions), the Operator will provide Users with the opportunity to request that the Operator
(a) correct inaccurate Personally Identifiable Information the Operator holds, and
(b) delete Information the Operator is not required to retain by Law or for legitimate business purposes.
6.3 Discretion Over Corrections and Deletions. The Operator will have the sole discretion to adhere to or decline User requests to correct or delete Information that are frivolous or vexatious, jeopardize the privacy of others, are extremely impractical, or for which are not otherwise required by Law.
7.1 Additional Rights for California Residents. If a User is a California resident, the User may have certain additional rights, including
(a) the right to request information regarding the disclosure of your personal information by the Operator to third parties for the third parties’ direct marketing purposes, under California Civil Code Section 1798.83; and
(b) the right for Users who are minors to request and obtain deletion of certain posted content, under California Business and Professions Code Section 22581.
7.2 Information Made Available. The Operator will make information regarding California privacy rights available to Users who send a written request to the Operator by email at
nyxon@nyxonagogo.com.
9.1
Discretion to Make Changes. The Operator may change this policy at its discretion.
9.2
Notice of Changes. The Operator will provide reasonable notice of any changes on the Website.
9.3
Acceptance of Changes. Users’ continued use of the Website after notice of the changes has been posted to the Website will be deemed acceptance of the changes, if
(a) a reasonable time has passed in which Users could review the changes, but
(b) regardless as to whether the User actually did review the changes.
(a) any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment; and
(b) any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any government authority having the force of law.
13.4 “Personally Identifiable Information” is defined in section 1.1(a).
13.5 “User” is defined in the introduction to this policy.
13.6 “Website” is defined in the introduction to this policy.
14. Legal basis for processing your personal information - EEA visitors/customers
If you are located in the European Economic Area ("EEA"), our legal basis for personal data collection and use as described above depends on the purpose for which the information is collected. With the exception of data collected for web site functionality and error reporting, we normally collect personal information only when we have a customer's consent and the information is provided to us directly from you, as needed in order for us to perform based on a contract with you, to provide services where processing is in our legitimate business interests or when we have a legal obligation to collect personal information.
This includes personal information used for creation of your customer account, which is mandatory and the consequence of not providing this information is not being able to use our services.
If you have questions about or need further information concerning the data we collect, use of this data, retention of this data or the legal basis on which we collect and use your personal information, please contact us at nyxon@nyxonagogo.com
15. Personal Data and Information Retention Email Addresses associated with product demo requests are purged/removed from the system automatically after 30 days.
Software customers' digitally signed product license agreements, merchant terms of service agreements and payment processing terms of use agreement data consisting of name job title and IP address is purged/removed from the system automatically after 6 years of inactivity.
Customer account data which consists of contact name, Email Address, business name and purchase history is stored indefinitely unless a customer requests removal of this data.
Email Addresses used for product newsletters are stored until a user opts-out by requesting removal by emailing nyxon@nyxonagogo.com or clicking a link to "unsubscribe" in any email received.
Data related to software error reporting consisting of IP address, browser cookie values, user agent, server-state variables, user name and password is automatically purged/removed after 7 days.
Data related to payment extensions consisting of customer ID and notes left by customer are purged/removed after 24 hours.
Post data for PayPal payments are purged/removed after 3 days. Support ticket information is deleted 90 days after the ticket is resolved and status is marked as closed. Support ticket accounts are purged/removed automatically for any account that has not had activity in over 12 months.
16. Information Removal Requests To request that your information be deleted, please contact us at nyxon@nyxonagogo.com.
17. Contact Information
To ask questions or comment about this policy and the Company's privacy practices, contact the Company at nyxon@nyxonagogo.com.
