Privacy Policy

Last updated 04/26/2024

This Privacy Policy describes and explains how DiPhyx Inc. (“DiPhyx”) collects, uses, and shares information through its website located at https://diphyx.com (the “DiPhyx Site”), and through DiPhyx’s Platform products and related services (collectively, the “Services”), including choices regarding these activities made by visitors to the DiPhyx Site and customers that utilize the Services (“Users”). For specific information for Users from the European Economic Area (“EEA”), please see the “EEA Data Subjects Rights” section of this Privacy Policy.

This Privacy Policy applies to information (including personal information) collected by or through the DiPhyx Site and via use of the Services. As used in this Privacy Policy, “personal information” means any information relating to an identified or identifiable natural person, either alone or in combination with other information available to DiPhyx.

Subject to User consent or as specifically stated otherwise herein, DiPhyx will not sell, exchange or share personal information of Users with third parties. DiPhyx will not send spam, maintain spam mailing lists or support the activities of spammers.

Information Collected by DiPhyx

DiPhyx collects various types of information, including personal information, provided by Users. For example, DiPhyx receives information when Users visit the DiPhyx Site, register with DiPhyx or create a DiPhyx account, purchase products from the DiPhyx Site or via use any of the Services. Users also provide DiPhyx with a variety of information in the course of using the Services. This information includes each User’s name, email address, username, phone number and postal address. If a User purchases DiPhyx products or subscribes to any Services that require payment, DiPhyx collects payment information. DiPhyx also collects contact information when Users set up an account, use the Services, contact DiPhyx for customer support or other similar purposes.

DiPhyx automatically collects a variety of information when Users visit the DiPhyx Site and use the Services through cookies, web beacons, and other similar technologies. This information includes how Users interact with the DiPhyx Site and Services, IP addresses, device identifiers, device types, browser types, date and time of each session, which pages Users interact with on the DiPhyx Site, which websites Users visited coming to and leaving the DiPhyx Site, and operating system types. DiPhyx collects information about each User’s usage and activity on the DiPhyx Site and in the course of using the Services. DiPhyx combines together the information collected to facilitate the functionality provided via the DiPhyx Site and Services.

Information Received by DiPhyx From Other Sources

DiPhyx also collects information about Users from third parties, including partners and other service providers who have a relationship with Users. DiPhyx collects IP addresses and browser information of visitors to the sites and apps that integrate with the Services. DiPhyx also collects contact information, such as email addresses and names, of Users and potential Users through the DiPhyx Site or by referral. In addition, DiPhyx receives some contact information in support tickets or through DiPhyx’s customer service portal to help facilitate customer support.

How DiPhyx Uses Information

DiPhyx uses information in the following manner: (i) to fulfill contracts with Users and provide Users with the Services and other requested transactions; (ii) through automated decision-making to determine a User’s general location and translate content based on that general location; (iii) to maintain, provide, develop and improve the DiPhyx Site and Services, as well as facilitate DiPhyx’s product and service development; (iv) to customize the Services and other products DiPhyx provides; (v) to communicate with Users and provide customer service and responses to inquiries about the DiPhyx Site and Services, as well as provide marketing materials about the Services; (vi) to perform marketing analysis; (vii) to protect the safety and security of the DiPhyx Site and Services, such as to prevent fraud or other illegal activity, and to detect violations of any terms of usage of the DiPhyx Site and Services; (vii) with User consent; and (viii) as indicated at the time the information is collected.

How DiPhyx Shares Information

DiPhyx shares information it collects in a variety of ways, including with: (i) other Users of the DiPhyx Site and Services when they interact with features that display User information, such as through collaboration tools, to administrators that manage User accounts, and if Users engage in DiPhyx’s community forum; (ii) service providers that perform services on DiPhyx’s behalf, such as email fulfillment, data management, data storage, web hosting services, cloud computing, payment processing, and research and analytics about the DiPhyx Site and Services; (iii) third parties to advertise and market the Services on DiPhyx’s behalf, subject to User consent where required; (iv) law enforcement entities and other third parties to respond to legal requirements, protect the rights of DiPhyx, Users and others, and as otherwise required by applicable law; (v) DiPhyx affiliates, and if DiPhyx is involved in a merger, acquisition, or sale of all or a portion of its assets, including in bankruptcy; and (vi) User consent.

Data Retention

The information submitted or collected by or through use of the DiPhyx Site or Services will become part of DiPhyx’s business records. DiPhyx keeps information it collects for various lengths of time depending on the type of data, the basis for processing it, and other legal requirements. For example, DiPhyx keeps account information for as long as the account is active, and for a reasonable period thereafter to ease reactivation if a User chooses to reactivate their account. If the Services are made available to a User through an organization (e.g., the User’s employer), DiPhyx retains User information as long as required by the administrator of the organization on the User’s behalf.

User Choices

DiPhyx respects each User’s right to make choices about the ways DiPhyx collects, uses and discloses the User’s personal information. Each User may update or modify its information or change its privacy preferences at any time by emailing DiPhyx at legal@diphyx.com or, in some instances, by changing User preferences via the DiPhyx Site in the User’s account settings. DiPhyx does not disclose Users’ personal information to third parties for their direct marketing purposes.

Users may consent to receiving promotional communications including, without limitation, promotional emails, from DiPhyx by following the instructions on the membership registration page. Users may change their elections to receive such promotional communications at any time by emailing DiPhyx at legal@diphyx.com or by changing such elections via the DiPhyx Site. Transactional service communications including, without limitation, messages about User registration, are not subject to the foregoing opt-in procedures.

Users may opt-out of receiving promotional emails from DiPhyx by using the unsubscribe link within the email itself, by updating email preferences within the User’s Service account settings menu, or by contacting DiPhyx at legal@diphyx.com.

Cookies and Similar Technologies

The DiPhyx Site collects and uses information using cookies and other similar technologies. Cookies are small text files that are placed in a User’s browser that help DiPhyx perform a variety of tasks related to the DiPhyx Site and Services. For example, DiPhyx uses this technology to provide, develop, maintain, and protect the DiPhyx Site, as well as to perform analytics and research about the use of the DiPhyx Site and Service. Users can control cookies in their browser through their browser settings, but note that if a User blocks cookies some of the features of the DiPhyx Site and Services will not function properly and may not be accessible to the User.

DiPhyx uses the following types of cookies on the DiPhyx Site:

Required Cookies: Cookies that are needed to enable functionality of the DiPhyx Site, such as loading pages.
Functional Cookies: Cookies that are used to understand how the DiPhyx Site is used, such as which pages are viewed and which links are clicked on. DiPhyx also uses cookies to personalize the User experience by remembering Users, or recognizing them after they log in.
Advertising Cookies: Cookies that are used by DiPhyx and third parties to collect data in order to infer the interests of particular Users and deliver relevant advertising to them. These include social media cookies, such as social sharing buttons on the DiPhyx Site.

Children

The DiPhyx Site and Services are not meant for minors. The DiPhyx Site is not intended for and may not be used by children under the age of 16. DiPhyx does not knowingly collect information from children under the age of 16, or the relevant legal age within any particular jurisdiction.

DiPhyx does not market, promote or target the DiPhyx Site to children under the age of 16. DiPhyx does not intend to knowingly collect or solicit information from people who are minors. However, as a condition of use for minors in those jurisdictions where information gathering from minors is considered illegal, guardians will be responsible for accompanying minors for prevention of any unexpected circumstances when they access the DiPhyx Site.

If DiPhyx becomes aware that a child has provided their personal information, DiPhyx will take steps to delete such information. If any User becomes aware that a child has provided their personal information to DiPhyx, such User should contact DiPhyx at legal@diphyx.com.

Data Security

DiPhyx uses reasonable physical, technical, and administrative security measures to help maintain the security of personal information it receives and collects, including reasonable measures to help prevent the unauthorized use and disclosure of such personal information. If a User uses a username and password to access or use the DiPhyx Site or any Services, that User is responsible for keeping such information confidential. Users must not share their username or password information with any other person. If Users believes their username and/or password has been misused, they should contact DiPhyx immediately.

Legal Bases for Processing – EEA Users

If a User is an individual in the EEA, DiPhyx collects and processes personal information about the User only to the extent DiPhyx has a legal basis for doing so under applicable EU laws. This means DiPhyx collects and uses such User information where:

DiPhyx needs it to provide Users with access to the functionality of the DiPhyx Site and Services, including to operate the DiPhyx Site and Services, provide customer support and personalized features to protect the safety and security of the DiPhyx Site and Services;
It satisfies a legitimate interest (which is not overridden by Users’ data protection interests), such as for research and development, to market and promote the DiPhyx Site and Services and to protect DiPhyx’s legal rights and interests;
Users give us consent to do so for a specific purpose; or
DiPhyx needs to process User data to comply with a legal obligation.

If Users have consented to our use of their information for a specific purpose, Users may have the right to withdraw such consent, but this will not affect any processing that has already taken place.

EEA Data Subjects Rights

Depending on the type of personal information and the purposes for collecting and using such information, each User has the following rights:

To request access to the personal information DiPhyx holds about the User;
To request that DiPhyx rectify or erase the User’s personal information;
To request that DiPhyx restricts or blocks the processing of the User’s personal information;
Under certain circumstances, to receive personal information about the User that DiPhyx stores and transmits to another without hindrance from DiPhyx, including the User requesting that DiPhyx provide the User’s personal information directly to another (i.e., a right to data portability); and
Where DiPhyx previously obtained the User’s consent, to withdraw consent to processing the User’s personal information.

To exercise these rights, Users can use tools provided by DiPhyx in the User account settings. Users can also contact DiPhyx at legal@diphyx.com to exercise these rights. Additionally, Users have the right to complain to the supervisory authority in their country of residence.

Delaware Privacy Laws Please review the additional privacy disclosures here for residents of Delaware.

Changes to Privacy Policy We reserve the right to modify this Privacy Policy at any time. If we make material changes, we will notify you by posting a notice on our website or by other appropriate means.

In the event this Privacy Policy is attached as an exhibit to an agreement between DiPhyx and a third party, the third party may object to any unilateral changes to this Privacy Policy made by DiPhyx after the effective date of the agreement by providing written notice to DiPhyx within thirty (30) days of becoming aware of such changes. DiPhyx and the third party will negotiate in good faith regarding the effect of such changes.

If Users have any questions or comments about DiPhyx’s privacy practices or this Privacy Policy, they should contact DiPhyx at legal@diphyx.com or via postal mail at the following address:

DiPhyx Inc.

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