Data-Dynamix, Inc. Privacy Policy

Last modified: December 23, 2019

Data-Dynamix, Inc. (“Data-Dynamix,” “we,” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit datadynamix.wpengine.com (the “Site”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Policy applies to information we collect on the Site. It does not apply to information collected by us offline or through any other means, or by any third party (including our affiliates and subsidiaries) including through any website operated by such third party or any application or content (including advertising) that may link to or be accessible from or on the Site.

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 Site. By accessing or using this Site, you agree to this Privacy Policy. This Privacy 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 16

Our Site is not intended for children under 16 years of age. By using the Site, you acknowledge that you are at least 16 years old. No one under age 16 may provide any Personal Information to or on the Site. We do not knowingly collect Personal Information from children under 16. If you are under 16, do not provide any information on this Site or on or through any of its features Site, make any purchases through the Site, use any of the interactive or public comment features of this Site 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 inadvertently collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please write us at PO Box 2148, Fort Lauderdale, Florida 33303.

Information We Collect and How We Collect It

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

Yes

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Yes for Bold and No Strike-through

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Yes for Bold and No Strike-through

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

No

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

No

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Yes

G. Geolocation data.

Physical location or movements.

Yes

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

No

I. Professional or employment-related information.

Current or past job history or performance evaluations.

No

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)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

No

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Yes

 

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.

We collect this information:

  • 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, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide

We may collect Personal Information and other information about you, such as demographic information (your age, gender, ZIP code or similar information), business information (including your job title, employer, and business contact information), and certain information about your interests and preferences. We will also collect payment information (typically, credit card account information) if you choose to purchase products or services through the Site. We may also collect information you provide by filling out forms on our Site (including when you report a problem with the Site), records and copies of your correspondence (including email address) if you contact us, your responses to surveys we might ask you to complete for research purposes, and your search queries on the Site. Any information combined with Personal Information will be treated as Personal Information.

Community Forums and User Content

The Site may provide you the opportunity to participate and post content publicly in forums, through interactive features and through other communication functionality.  You may choose, through such features or otherwise, to submit or post questions, comments, suggestions or other content, (collectively, “User Contributions”).  Your User Contributions are posted on the Site and transmitted to others at your own risk. We cannot control the actions of other users of the Site 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. If you choose to voluntarily disclose Personal Information, that information will be considered public information and the protections of this Privacy Policy will not apply. Please note that certain information, such as your name, may be publicly displayed on the Site along with your User Content.

Information Third Parties Provide About You

We may receive information about you from third parties. For example, we may supplement the information we collect with outside records in order to provide you with information, services or products you have requested, to tailor content, to offer you opportunities to purchase products or services that we believe may be of interest to you, and for other purposes. We may combine the information we receive from those other sources with information we collect through the Site. In those cases, we will apply this Privacy Policy to the combined information.

Information We Collect Through Automatic Data Collection Technologies. 

As you navigate through and interact with our Site, we and our third-party service providers automatically or passively collect certain information regarding your use of our Site, your equipment, and your browsing patterns, including:

  • Usage Information. Details of your visits to our Site, including but not limited to the URL or advertisement that referred you to our Site, any search terms you entered into a search engine that led you to our Site, the areas within our Site that you visited, and the time of day you visited our Site, traffic data, location data, logs, among other information.
  • Device Identifiers. Information about your computer, mobile phone, or other device you used to access our Site, including information your internet connection, IP address, operating system, and browser type.

We do not collect Personal Information automatically, but we may tie information we collect automatically to Personal Information about you that we collect from other sources or you provide to us.

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

  • Cookies (or browser cookies). A cookie is a small text file that is stored in your browser when you visit the Site or otherwise access our online content. Cookies may be stored on your device for different periods of time depending on how they are used. “Session cookies” store information that is only relevant for your current activity and expire when you close your browser. “Persistent cookies” remain after you close your browser and may be accessed through your browser on subsequent visits. We use both session ID cookies and persistent cookies when you visit our Site. 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 Site. 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 Site.
  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) which may be invisible to you. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, verifying system and server integrity, to count visitors to the Site, to monitor how users navigate the Site, and to count how many emails that were sent were actually opened.
  • Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your device from our web server or that of a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.

In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

How We Use Your Information

We use information that we collect about you or that you provide to us, including Personal Information:

  • To enable you to use our Site, and to provide related user service, including responding to your questions, complaints, or comments;
  • To provide you with information, products, or services that you have requested or agreed to receive or that we otherwise believe will interest you, including information and special offers from us and our third-party business partners;
  • To administer and develop our business relationship with you and the company for which you work;
  • To tailor content, recommendations and offers we display to you, both on the Site and elsewhere online;
  • To improve our Site, products, and services, and for other internal business purposes;
  • To process information you provide via our Site, including verifying that your email address is active and valid;
  • To contact you with administrative communications and, in our discretion, changes to our Privacy Policy, or any of our other policies;
  • To provide location-based services, such as search results and other personalized content;
  • To fulfill transactions and process orders and payments;
  • To fulfill any other purpose for which you provide it;
  • In any other way we may describe when you provide the information;
  • As provided for by law; and
  • For any other purpose with your consent.

How We Share Information

We may share non-personally identifiable information, such as Usage Information and aggregated user statistics, with third parties in our discretion.

We may disclose Personal Information that we collect or you provide as disclosed at the time you provide your information, with your consent, as described in this Privacy Policy, and in the following circumstances:

  • Business Transfers & Transitions. We may share your information, with our subsidiaries and affiliates, primarily for business and operational purposes. In the event Data-Dynamix goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, including, without limitation, during the course of any due diligence process, we may share your Personal Information 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 Data-Dynamix’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Data-Dynamix about our Site users is among the assets transferred. By providing your Personal Information, you agree that we may transfer such information to the acquiring entity without your further consent.
  • Third Parties Providing Services on Our Behalf. We may use third-party service providers to perform services on behalf of the Site, and we may provide these service providers with access to information so that they can carry out the services they are performing for you or for Data-Dynamix. Some of these service providers may collect information on the Site directly from you on our behalf; in such cases, these service providers are not permitted to use your Personal Information for their own use.
  • Administrative and Legal Reasons. We may transfer and disclose information, including Personal Information, to third parties in order to comply with a legal obligation; when we believe that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce applicable policies including for billing and collection purposes; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of Data-Dynamix, our customers, users of the Site, or others. This includes exchanging information with other companies and organizations for the purposes fraud protection.

Analytics Providers and Similar Third Parties. We use third-party analytics services that use cookies to help us better understand user behavior on the Site, including Google Analytics.  For more information about how Google Analytics collects and processes data, visit www.google.com/policies/privacy/partners/.

How Long We Hold Your Information:

  • We will store your Personal Information indefinitely until you revoke your consent or request that the information be deleted via a verifiable consumer request as discussed below.

Rights You Have Regarding Your Personal 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. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. 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 Data-Dynamix. If you do not wish to have your email address used by Data-Dynamix to promote our own or third parties’ products or services, you can opt-out by writing us at PO Box 2148, Fort Lauderdale, Florida 33303. If we have sent you a promotional email, you may opt-out of receiving future promotional emails by following the instructions at the bottom of the emails. This opt out does not apply to information provided to Data-Dynamix as a result of a purchase of a product or service, warranty registration, product service experience or other transactions.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by writing us with your request at PO Box 2148, Fort Lauderdale, Florida 33303. For this opt-out to function, you must have your browser set to accept browser cookies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer 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 purpose 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 (also called a data portability request);
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
    • sales, identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

However, we shall never, under any circumstance, disclose a consumer’s Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers. 

You also have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.  Please understand that we cannot delete your Personal Information except by also deleting your user account.

If you are an EU Resident and you withdraw your consent to transfer Personal Information outside of the EU, we will immediately delete your Personal Information and therefore your user account when notice of your withdrawal is received.

If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or may have been copied or stored by other Site users.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) 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; or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by filling out the Verifiable Consumer Request Form and faxing or e-mailing the form to the destinations set out below.  Only you may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request, and will promptly delete such Personal Information as soon as practical after processing your request, except as required to comply with the law.

You further have the right to direct us to not sell your personal information at any time (the “right to opt-out”).  To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by clicking the following link: https://datadynamix.wpengine.com/opt-out/.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time by visiting our website and sending us a message.

We will only use Personal Information provided in an opt-out request to review and comply with the request.

Response Timing and Format

We shall always confirm receipt of a verifiable consumer request within ten (10) days of its receipt.  Further, we endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

All users must confirm in advance that they are not accessing the Site from within the EU by entering their country of access below.  Any user who accesses the Site from within the EU expressly waives any right to make a claim under the GDPR or any similar laws governing the collection and processing of personally identifiable information within the EU.

Data Security

Data-Dynamix takes commercially reasonable steps to help protect and secure the information we collect and store about our users. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

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

Please remember that the transmission and storage 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 Site. 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 Site. We may store information that we collect through our Site indefinitely except as otherwise required by law.

This policy is meant to specifically satisfy the requirements of Colorado House Bill 18-1128.  Further, it is the intent of this policy to comply with any other similar federal, state, city, county, or municipality law, ordinance, or anything else that may be interpreted generally as a “law”, relating to the collection and maintenance of documents that contain personal identifying information.

If at any time there is a breach of our data-security resulting in a potential leak of your Personal Information, we will alert you as soon as possible, and no later than thirty (30) days after we gain knowledge of such breach.

Third Party Hosting

Data-Dynamix contracts with a third party to maintain and host the Site.  Therefore, any information you submit, including Personal Information, will be placed and stored on a computer server maintained by this third-party host.  The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your Personal Information from unauthorized access or improper use.

Links to Other Websites

The Site may contain links to third-party websites, such as our pages available through third party social media platforms. Data-Dynamix takes no responsibility for the content, operation or privacy practices of such websites. This Privacy Policy does not apply to third-party websites, and you should check the policies of any linked website before offering information to the sponsor of the website. Data-Dynamix provides these links to you only as a convenience, and the inclusion of any link to such websites does not imply endorsement by Data-Dynamix of those sites.

Consent to Transfer

We operate the Site from the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. By visiting the Site, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. 

Residents of the European Union (EU) have special rights under the GDPR.  If you are a resident of the EU, you may revoke this consent at any time by opting out here, however this revocation shall not effect the lawfulness of processing based on consent before its withdrawal.

European Union Residents – Your EU Privacy Rights

You have many rights granted to you under the General Data Protection Regulation (GDPR).  You have the right to lodge a complaint with your local Supervisory Authority for any suspected violations of your rights under the GDPR.

Non-Discrimination

We will not discriminate against you for exercising any of your  rights herein. Specifically, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time at our sole discretion. If we do so, we will post the updated policy on our Site, and in our discretion, will provide notice to you via the contact information we have on file. The date this 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 Site and this Privacy Policy to check for any changes. Your continued use of the Site will constitute binding acceptance of the Privacy Policy or any changes herein.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described below, your choices and rights regarding such use, or wish to exercise your rights under the law, please do not hesitate to contact us as follows:

Data-Dynamix Inc

Toll Free Phone: 800-968-7061

Phone: 720-855-9282

Fax: 720-855-9099

E-mail: privacy@data-dynamix.com

datadynamix.wpengine.com

PO Box 2148, Ft Lauderdale, FL 33303

 

Or via our website Contact Us form found here.

Our Site is subject to U.S. Law and is not meant to be accessed by anyone within the European Union.  The Site is not intended for persons under jurisdictions where (for reasons of nationality, place of residence or for any other reason) the collection of personally identifiable information is regulated differently than U.S. Law provides.

All users must confirm in advance that they are not accessing the Site from within the EU by entering their country of access below.  Any user who accesses the Site from within the EU expressly waives any right to make a claim under the GDPR or any similar laws governing the collection and processing of personally identifiable information within the EU.