Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Service or parts of our Service.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information.
- CCPA and/or CPRA refers to the California Consumer Privacy Act as amended by the California Privacy Rights Act of 2020.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Proxima Systems, 6200 Stoneridge Mall Rd Suite 300, Pleasanton CA 94588. For the purpose of the GDPR, the Company is the Data Controller.
- Consumer, for the purpose of CCPA/CPRA, means a natural person who is a California resident.
- Cookies are small files placed on your computer, mobile device, or any other device by a website, containing details of your browsing history on that website among its many uses.
- Country refers to: California, United States.
- Data Controller, for GDPR purposes, refers to the Company as the legal person who alone or jointly with others determines the purposes and means of the processing of Personal Data.
- Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
- Do Not Track (DNT) is a concept promoted by US regulatory authorities for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites.
- GDPR refers to EU General Data Protection Regulation.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes data on behalf of the Company.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
- Website refers to Proxima Systems, accessible from https://www.proximabiz.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. This may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service and may include information such as your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track activity on our Service and store certain information. Technologies used include beacons, tags, and scripts to collect and track information and to improve and analyse our Service.
- Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent.
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons that permit the Company to count users who have visited those pages or opened an email.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Essential to provide you with services available through the Website and to enable you to use some of its features. They help authenticate users and prevent fraudulent use of user accounts.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
These Cookies identify if users have accepted the use of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To Manage Your Account: to manage your registration as a user of the Service.
- For the performance of a contract: the development, compliance, and undertaking of any contract with us through the Service.
- To Contact You: by email, telephone calls, SMS, or other equivalent forms of electronic communication.
- To provide You with news, special offers, and general information about other goods, services, and events that we offer.
- To manage Your requests: to attend and manage your requests to us.
- For business transfers: we may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganisation, or other sale or transfer of some or all of our assets.
- For other purposes: such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and improving our Service.
We may share your personal information in the following situations:
- With Service Providers to monitor and analyse the use of our Service.
- For business transfers in connection with any merger, sale of Company assets, financing, or acquisition.
- With Affiliates, in which case we will require those affiliates to honour this Privacy Policy.
- With business partners to offer you certain products, services, or promotions.
- With other users when you share personal information or otherwise interact in public areas.
- With Your consent: we may disclose your personal information for any other purpose with your consent.
Retention of Your Personal Data
The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
Delete Your Personal Data
You have the right to delete or request that we assist in deleting the Personal Data that we have collected about you. Our Service may give you the ability to delete certain information about you from within the Service.
You may update, amend, or delete your information at any time by signing in to your Account, if you have one, and visiting the account settings section. You may also contact us to request access to, correct, or delete any personal information that you have provided to us. Please note that we may need to retain certain information when we have a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition, or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law Enforcement
Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other Legal Requirements
The Company may disclose your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers we use may have access to your Personal Data. These third-party vendors collect, store, use, process, and transfer information about your activity on our Service in accordance with their Privacy Policies.
Email Marketing
We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications by following the unsubscribe link or instructions provided in any email we send.
Payments
We may provide paid products and/or services within the Service. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors governed by their Privacy Policy.
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation.
- Vital interests: Processing Personal Data is necessary to protect your vital interests or those of another natural person.
- Public interests: Processing Personal Data is related to a task carried out in the public interest.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
Your Rights under the GDPR
You have the right under this Privacy Policy, and by law if you are within the EU, to:
- Request access to your Personal Data — to access, update, or request deletion of the information we have on you.
- Request correction of any incomplete or inaccurate information we hold about you.
- Object to processing of your Personal Data where we are relying on a legitimate interest as the legal basis.
- Request erasure of your Personal Data when there is no good reason for us to continue processing it.
- Request the transfer of your Personal Data in a structured, commonly used, machine-readable format.
- Withdraw your consent to using your Personal Data at any time.
CCPA/CPRA Privacy Notice
This privacy notice section for California residents supplements the information contained in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California.
Categories of Personal Information Collected
Category A: IdentifiersCollected
Examples: real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name.
Category B: Personal information (Cal. Civ. Code § 1798.80(e))Collected
Examples: name, address, telephone number, financial information. Some information in this category may overlap with other categories.
Category C: Protected classification characteristicsNot Collected
Examples: age, race, religion, marital status, medical condition, disability, sex, sexual orientation, veteran or military status, genetic information.
Category D: Commercial informationCollected
Examples: records and history of products or services purchased or considered.
Category E: Biometric informationNot Collected
Examples: fingerprints, faceprints, voiceprints, iris or retina scans, keystroke, gait, or other physical patterns.
Category F: Internet or other similar network activityCollected
Examples: interaction with our Service or advertisement.
Category G: Geolocation dataNot Collected
Examples: approximate physical location.
Category H: Sensory dataNot Collected
Examples: audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related informationNot Collected
Examples: current or past job history or performance evaluations.
Category K: Inferences drawn from other personal informationNot Collected
Examples: profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Category L: Sensitive personal informationCollected
Examples: account login and password information, geolocation data.
Your Rights under the CCPA/CPRA
- The right to notice — to be notified which categories of Personal Data are being collected and the purposes for which they are used.
- The right to know/access — to request that we disclose information about our collection, use, sale, and disclosure of personal information.
- The right to say no to the sale or sharing of Personal Data (opt-out) — to direct us to not sell your personal information.
- The right to correct Personal Data — to correct or rectify any inaccurate personal information about you.
- The right to limit use and disclosure of sensitive Personal Data.
- The right to delete Personal Data — to request deletion of your Personal Data under certain circumstances.
- The right not to be discriminated against for exercising any of your consumer's rights.
"Do Not Track" Policy
Our Service does not respond to Do Not Track signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.
Links to Other Websites
Our Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective, and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.