Personal Information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information and bank details.
API means Guardinex’s API services.
CCPA means California Consumer Privacy Act (California Civil Code Section 1798.100 et seq.).
Contact Details means the contact details provided in Section 16 below.
Data Protection Laws mean the privacy laws applicable to us including CCPA.
Non-personal Information means information that does not relate to a person and/or cannot be used to identify a person.
Personal Information means any information which can be used to identify an individual, and described in detail in Section 2.
Services mean the provision of the service by Guardinex by way of the Site, API or any other services, online or offline, provided by Guardinex.
Site means our website guardinex.com or any landing page, app, platform and any other User interface offered by us, including, without limitation, surveys, correspondence and/or marketing activities under the name “Guardinex”.
User, you or your means any person using or registering on the Site whatsoever or otherwise procuring the Services, whether online or offline.
Any capitalized terms, used but not defined herein, shall have the same meaning ascribed to them under the Terms.
2. What Personal Information do we collect?
2.1 We may collect Personal Information about you when you use the Site, register on the Site online, register for the Services offline, procure the Services, or interact with us in any way. If you are an API customer, we may collect your username, password, email address, and API key through the API. Additionally, we may collect your personal information from our customers if they process your personal information through the API.
2.2 Information you provide to us: We collect all information that Users voluntarily provide to us while using the Site, procuring the Services or interacting with us by any other means including, without limitation, surveys, correspondence and/or marketing activities. This includes information provided:
a. during registration;
b. during provision of Services;
c. during correspondence, enquiries, support services or phone calls, or customer surveys; or
d. uploaded onto the Site in any way.
The Personal Information we may collect includes without limitation:
a. basic information such as your first and last name;
b. contact information including email address and phone number;
c. demographic information such as postal code, age, and gender;
d. social security information;
e. information related to the Services used by you;
f. geographic location;
g. login credentials for third-party websites;
h. other personal information (as generally understood) obtained by your use of the Site; and
j. any other information that enables Users to be personally identified.
Personal information our customers may send us through the API include names, addresses (street address, city, zip code), phone numbers (e.g., cell phones, home phones, business phones), email addresses, and IP addresses.
2.4 Information we obtain from others: We may also collect or receive Personal Information from third party sources, such as other Users, suppliers, public sources, businesses with which you interact with or otherwise seek to obtain services from, businesses with which we offer co-branded services, service providers retained to perform Services on our behalf, social media providers, consumer reporting agencies or other third-party integrations and may combine this information with other personal information we maintain about you. If we do so, this policy governs any combined information that we maintain in personally identifiable format.
2.6 Aggregated Information: Personal information does not include aggregate or de-identified information. Aggregate information is information that we collect about a group or category of products, services, or users that cannot be linked back to any particular individual(s). We may use and disclose aggregate information, de-identified information and other non-personally identifiable information, for various purposes.
2.7 Do Not Track: Your web browser or device may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites and online services, the Services are not designed to respond to “Do Not Track” signals. To learn more about “Do Not Track” signals, you may wish to visit http://www.allaboutdnt.com/.
3. Why do we collect, use and disclose Personal Information?
3.1 We may collect, hold, use and disclose your Personal Information for the following purposes:
a. to enable you to access and use our Site, use the Services and interact with other Users;
b. to operate, protect, improve and optimize our Site, business and our Users’ experience, such as to perform analytics and conduct research;
c. to analyze trends and conduct research about improving our products and services;
d. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
e. address information security and/or privacy issues, network functioning, and troubleshooting;
f. to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
g. to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
h. to comply with our legal obligations, investigate claims and/or legal actions, violations of our policies and procedures, compliance with relevant applicable laws and legal process, resolve any disputes that we may have with any of our Users, and enforce our agreements with third parties;
i. comply with applicable laws, regulations, or legal process as well as industry standards and our company policies;
j. prevent, investigate, identify, or take any other action with regard to suspected or actual fraudulent or illegal activity, or any activity that violates our policies;
k. for other administrative and internal business purposes.
3.2 We may also disclose your Personal Information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymized consumer insights so that we can better understand your preferences and interests, personalize your experience and enhance the Services that you receive.
3.3 The information we collect is not distributed, sold or leased to third parties for commercial purposes, except to provide Services you have requested or for other purposes when we have your permission or when we are obliged to do so.
4 Do we use your Personal Information for direct marketing?
4.1 We and/or our carefully selected business partners may send you direct marketing communications and information about the Services offered by us. This may take the form of emails, SMS, mail or other forms of communication, permitted under applicable law. You may opt-out of receiving marketing materials from us by emailing us on the Contact Details provided below, or by using the opt-out facilities provided (e.g., an unsubscribe link).
4.2 We may also use third-party technology through the Site to collect and use data in connection with interest-based advertising. These third-party ad technology companies and advertisers may use, store, or access cookies, web beacons, and other storage technologies to collect or receive information from the Site and elsewhere on the internet and use that information to provide advertising services to us, including interest-based advertising or advertisements targeted to your interests.
4.3 We may use certain third-party web analytics services, including Google Analytics, through the Site to help us understand and analyze how visitors use the Site and to serve ads on our behalf across the internet. We have implemented Google Analytics Advertising features such as behavioral reporting, user segment analysis, and device reporting. To find out more about how these third-party analytics services manage the privacy of information in conjunction with delivering ads online, and how to opt-out of information collection by these networks, please visit: http://www.youradchoices.com, http://www.aboutads.info/appchoices, or http://www.networkadvertising.org. For more information on how Google Analytics uses data collected through the Website, visit: www.google.com/policies/privacy/partners/. To opt out of Google Analytics cookies, visit: http://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout/.
Please note that we do not control how other parties manage their opt-out processes.
5. To whom do we disclose your Personal Information?
a. our employees;
b. our related bodies corporate;
c. third-party suppliers, vendors and service providers (including providers for the operation of our Site and/or our business or in connection with providing our Services to you);
d, professional advisers, dealers and agents;
e. other Users (to the extent necessary) if you interact with them in the course of availing the Services;
f. payment systems operators (e.g., merchants receiving card payments);
g. our existing or potential agents, business partners or partners;
h. anyone to whom our assets or businesses (or any part of them) are transferred (e.g., further to a merger, reorganization, liquidation, or any other business transaction), including negotiations of such transactions;
i. specific third-parties authorized by you to receive information held by us; and/or
j. other persons, including government agencies, regulatory bodies and law enforcement agencies, or when (i) required, authorized or permitted by law; or (ii) where we determine that disclosure of specific information is necessary to comply with the request of a law enforcement or regulatory agency or other legal process; or (iii) to enforce our policies, or to protect legal rights, property, or safety of us, our customers, or others; (iv) detect and resolve any fraud or security concerns.
6 Using our Site and cookies
6.1 We may collect Personal Information about you when you use and access our Site. While we do not use browsing information to identify you personally, we may record certain information about your use of our Site, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
What are cookies and web beacons?
a. Cookies are small text files that websites often store on computer hard drives or mobile devices of visitors to their websites. A cookie contains a unique number, which is used to recognize your computer or mobile device when you return to our Site. Cookies can remain on your computer or mobile device for different periods of time. The cookies can be either “persistent” cookies or “session” cookies. Persistent cookies are stored by a web browser and remain valid until a set expiration date. Session cookies only exist while your internet browser is open and are automatically deleted once you close your browser.
b. Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) are small electronic files contained on pages of websites that permit companies to count users who have visited certain webpages on a website and are used for other related website statistics (e.g., recording the popularity of certain website content and verifying system and server integrity).
What types of cookies and web beacons are used by us?
6.5 We use both first-party and third-party cookies and web beacons. First-party cookies and web beacons are cookies and web beacons that are served directly by us to your computer or mobile device. Third-party cookies and web beacons are served by a third-party service provider on our behalf. Third-party cookies are most commonly used for advertising and analytics purposes.
6.6 There are four categories of cookies and web beacons used by us. Specifically, we use essential, performance, functionality and advertising cookies and web beacons.
a. Essential cookies, web beacons and other tracking technologies are necessary for the operation of our Site. These tracking technologies enable you to move around on our Site and use our Site’s features. You may not opt-out of these types of cookies because they are required to operate our Site.
b. Performance cookies, web beacons and other tracking technologies collect information about how you have used our Site. We use performance cookies, web beacons and other tracking technologies to improve the user experience with our Site.
c. Functionality cookies, web beacons and other tracking technologies allow us to remember how you are logged into our Site, when you logged in or out and the actions you have taken while you have been logged into our Site.
d. Advertising cookies, web beacons and other tracking technologies are used by our third-party service providers to deliver advertising to you on other third-party websites as well as help measure the effectiveness of our advertising campaigns. We also use these types of cookies to analyze our Site visits and ad conversions from third-party websites.
What are your choices about cookies?
6.7 It is your choice as to whether or not to accept cookies. Most browsers allow you to configure the browser settings so that cookies from websites cannot be placed on your computer or mobile device. If you choose not to accept cookies, then you may be able to continue browsing our Site but we may not be able to provide you with certain features.
7.1 We may hold your Personal Information in either electronic or hard copy form. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorized access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. Our security procedures and policies are provided at [insert link]. However, no security system is impenetrable, and we cannot guarantee 100% security of your Personal Information. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate and required, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
8 Processing and transfer of your Personal Information
8.1 Our Site and Service is hosted in the United States and is generally intended for United States visitors. Currently the information we obtain through the Services will be transferred to, processed, and stored on our servers in the United States. If you visit from the European Union, UK or other regions outside the US, your information may be transferred and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
9.1 Ordinarily, we will retain your Personal Information as long as you are registered to the Site as a User, and for a period of 3 months following you closing your account. You may close your account by contacting us. However, we may sometimes retain Personal Information for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Information it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.
11 Accessing, correcting or deleting your Personal Information
11.1 You can access the Personal Information we hold about you by emailing us at the Contact Details provided below. Sometimes, we may not be able to provide you with access to all of your Personal Information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Information.
11. 2 If you think that any Personal Information we hold about you is inaccurate, please email us on the Contact Details provided below and we will take reasonable steps to ensure that it is corrected. You can also request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
11.3 We will consider and respond to all requests in accordance with all applicable laws.
12 Privacy Rights for California Residents
12.1 If you reside in California, then in addition to the rights described above, you have been provided certain additional rights with respect to your Personal Information under the CCPA. These rights are discussed in Sections 12.3 to 12.7.
12.3 Right to Know
You have a right to request and know the following information about you in writing:
a. Categories of Personal Information that we collect about you;
b. The specific pieces of Personal Information we have collected about you;
c. Purposes for which we collect your Personal Information;
d. Sources from which we collect your Personal Information;
e. Categories of Personal Information we have disclosed about you;
f. Categories of third parties with whom we share your Personal Information; and
g. The categories of Personal Information we have sold and the categories of third parties to whom the information was sold (For clarity, we do not sell any Personal Information that we collect).
12.4 Right against Discrimination
You have a right to receive the same services and price as other Users and cannot be discriminated against for exercising any of the rights described in Sections 12.3 to 12.7. We will not discriminate against you in any manner for exercising any of these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
12.5 Right to access your Personal Information
You have the right to request access to the categories of Personal Information that we have collected about you in the last 12 months. We can provide you a with a copy of your personal information (whole or part) within 45 days of receiving a written request from you on the Contact Details provided below.
To clarify, in the preceding 12 months, we collected the following categories of Personal Information about you:
a. Identifiers such as your first and last names, email address, phone number, IP address, unique device identifiers or another online identifier;
b. Commercial information such as your payment information and related information to enable you to pay for the services you receive;
c. Internet or your connection related information such as the name of your internet provider, Internet browser type and version and your IP address;
d. Electronic, audio, visual or similar information such as photos and videos uploaded by you and video recordings of you;
e. Professional or employment related information; and
f. Other information that relates to or is capable of being associated with you.
12.6 Right to ask for deletion of your Personal Information
You have the right to ask us to delete any Personal Information that we have collected about you without any additional cost by sending a written request on the Contact Details provided below. This right is subject to certain exceptions and we may retain your Personal Information where we cannot verify your request, or where we need to retain the Personal Information to comply with its legal obligations, etc.
12.7 Right to opt-out of having your Personal Information sold
You have the right to opt-out of having your Personal Information sold. To clarify, we do not sell your Personal Information.
12.8 Shine the Light
California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83).
12.9 Financial Incentives
We do not offer financial incentives or price or service differences to consumers in exchange for the retention or sale of a consumer’s Personal Information.
12.10 How do you exercise your rights?
Users residing in California may exercise these rights by emailing us at the service email id provided in the Contact Details below. Please note that we may ask you for proof of account ownership and, or identity before completing your request. We will only use such information to verify your identity, and for fraud prevention or security purposes.
12.11 Authorized Agents
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in this Section 12. We can verify the authorized agent’s authority to act on your behalf by:
a. For requests to know or delete personal information:
i. receiving a power of attorney valid under the laws of California from you or your authorized agent; or
ii. receiving sufficient evidence from the authorized agent to show that you have provided the agent a signed permission to submit the request and
A. verified your own identity directly with us pursuant to the instructions set forth in this Section; and
B. directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
b. For requests to opt-out of personal information “sales”: receiving a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.
13 Privacy Rights for Nevada Residents
13.1 Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Note we do not sell your personal information within the meaning of Chapter 603A. However, if you would still like to submit such a request, please email us at the email ID provided in Contact US section below.
14 Personal Data of Children and Minors
14.1 We do not knowingly solicit data from children or knowingly market to children. We do not knowingly request or solicit Personal Information from anyone under the age of 13. If you are under the age of 13, please do not use our Services or otherwise provide us with any personal information either directly or by other means. If a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. In the event that we receive actual knowledge that we have collected such Personal Information without the required and verifiable parental consent, we will delete that information from our database as quickly as is reasonably practical.
15 Making a complaint
15.1 If you think we have breached the any applicable Data Protection Laws, or you wish to make a complaint about the way we have handled your Personal Information, you can contact us on the Contact Details provided below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
16 Contact Us
E-mail Address: email@example.com
Contact Number: 1 484-240-5760
Effective: September 1, 2022