I.WHO MAY USE THE WEBSITES
❖ We need to perform a contract with you;
❖ You have given us permission to do so;
❖ The processing is in our legitimate interests and it’s not overridden by your rights;
❖ For payment processing purposes;
❖ To comply with the law.
If you are a resident of the EEA, you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
❖ The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or 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.
❖ The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
❖ The right to object. You have the right to object to our processing of your Personal Information.
❖ The right of restriction. You have the right to request that we restrict the processing of your personal information.
❖ The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
❖ The right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the EEA.
Onyxum is the sole owner of the Website, including Replicated Websites. We collect information from IBOs, Customers and visitors to the websites at different points on the websites.
A.Traffic Data. Like most website operators, Onyxum automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you.
We also use the following analytics tools:
❖ Google Analytics – This is a web analytics tool by Google Inc., 1600 Amphitheatre Parkway Mountain View, California 94043, United States, hereinafter referred to as “Google”, to record your online activities on our site and to determine how many users are visiting us, what contents of our page are viewed, and how many times. The evaluation is done anonymously. Google Analytics cookies, including the Google Analytics tool “anonymous IP address” and usage data, are usually transmitted to a Google server in the United States and stored there. For further information, please refer to https://support.google.com/analytics/answer/6004245?hl=en. At https://tools.google.com/dlpage/gaoptout?hl=en.%20 Google Analytics offers the option to opt out of data collection.
❖ Facebook Pixel — With your consent, we use the “Facebook Pixel” by Facebook Inc., 1601 South California Avenue, Palo Alto, California 94304, United States (“Facebook”) on our website. This is a cookie (i.e., a small text file that is stored on your computer and can be accessed again later). With its help, actions of users can be tracked after they have seen or clicked on a Facebook ad. This allows us to track the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, in other words, it does not provide any information on the identity of the users. However, the data is stored and processed by Facebook, so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes, according to the Facebook Data Policy (https://www.facebook.com/about/privacy/). You can allow Facebook and its partners to display ads on and off Facebook. A cookie may also be stored on your computer for these purposes. By using the website, you agree to the use of the visitor action pixel.
❖ Google AdWords – Google AdWords is provided by Google, Inc. This is used to record website visits for advertising purposes (remarketing) in Google and in the Display Network. When you visit a website, your browser saves cookies that allow you to be recognized as a visitor when you visit websites that belong to Google’s advertising network. On these pages, ads that relate to content that you previously viewed on other websites that use Google’s remarketing function can be presented to you as a visitor. You can opt out of data collection by Google AdWords on the website http://www.google.com/settings/ads. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
❖ Facebook – Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950. To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217. Facebook adheres to the Self-Regulatory Principles for Online Behavioral advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation
D.Personal Information. Through your use of or visits to our websites, you may be required or requested to provide personally identifiable information (hereafter “Personal Information”) to us. Personal Information is any piece of information which can potentially be used to uniquely identify, contact, or locate a single person. Such information includes, without limitation: (1) “Contact Data” (such as your name, membership number, title, gender, date of birth, mailing address, address coordinates (longitude and latitude), phone number(s), fax number, and e-mail address); (2) “Demographic Data” (such as your age, gender, profession, education level, relationship status, religious affiliation, country, state, city and likes and dislikes,); (3) “Financial Data” (such as your credit/debit card number and expiration date); and (4) “Shopping Preferences” (such as items purchased, purchase date, place of purchase, time of purchase, purchase amount, currency and shopping cart). For certain transactions, we may be required to collect information to comply with legal requirements. In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. Onyxum may supplement the Personal Information you provide with additional personal information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to Onyxum. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website or from purchasing any of our products.
F.Device Information. Depending on the permissions you have granted and other factors, we may receive information about your location and your mobile device when you download from our Websites, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, certain player search results, and other personalized content. Examples of the device information we collect include:
❖ Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.
❖ Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.
❖ Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
Most mobile devices allow you to turn off location services, and we encourage you to contact your device manufacturer for detailed instructions on how to do that.
G.IBO and Customer Registration. In order to become a IBO, an applicant must provide Personal Information to us. We also may require an applicant’s Social Security Number or Federal Tax ID Number so that we may prepare and file necessary non-employee compensation forms for the IRS. Certain customers may be required to register in order to purchase products directly from us. Customers will be required to provide Personal Information. We use this information to maintain contact with IBOs and Customers, and to process IBO and Customer orders.
H.Product or Service Purchases. When a Customer or an IBO purchases products or services from us through any of our websites, the purchaser must provide us with Personal Information. This information is used for billing and payment purposes and to fill orders.
I.Information that you make Public. The Website may contains features (e.g. public profiles, forums, and message boards) that permit you to upload, post, transmit, display, perform or distribute content, information or other material, including some of your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Onyxum is unable to exercise control. You should exercise caution when deciding to disclose your Personal Information by means of such features, and you agree to assume all responsibility for doing so.
III.INFORMATION USE AND DISCLOSURE PRACTICES
❖ allowing you to enter your password less frequently;
❖ remembering your preferences;
❖ presenting information that is targeted to your interests;
❖ measuring the effectiveness of our sites, services, content, and advertising; and
Onyxum analyzes Traffic Data and information gathered using Cookies to help Onyxum better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, Onyxum is able to better design the Website to improve your experience, and to serve you more relevant and interesting content. From time to time, Onyxum may release Traffic Data and information gathered using Cookies in the aggregate, such as by publishing a report on trends in the usage of the Website. Onyxum does not attempt to link information gathered using Cookies to Personal Information.
B.Web Beacons. We may also use web beacons. A “web beacon” is an electronic image placed in the code of a web page. Beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our website and other sites were effective. We use web beacons to monitor the traffic patterns of users from one page to another and to improve site performance.
❖ Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, California 94304, USA (“Facebook”). You will find an overview on Facebook’s Plugins and what they look like here: https://developers.facebook.com/docs/plugins;
❖ Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA (“Twitter”). You will find an overview on Twitter’s Plugins and what they look like here: https://twitter.com/about/resources/buttons;
❖ Instagram is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, California 94304, USA (“Instagram”). You will find an overview on Instagram’s Plugins and embedding process here: https://www.instagram.com/developer/embedding/;
❖ LinkedIn is operated by LinkedIn Corporation, 1000 West Maude Avenue, Sunnyvale CA 94085, USA (“LinkedIn”). You will find an overview on LinkedIn’s Plugin and what they look like here: https://developer.linkedin.com/plugins.
❖ YouTube is operated by, Google, LLC, d/b/a YouTube, 901 Cherry Avenue, San Bruno, California 94066, USA (“YouTube”). You will find an overview on YouTube’s Plugins and what they look like here: https://www.youtube.com/c/PluginBoutiqueOfficial.
When you access one of our Websites, which contains a Plugin, your browser establishes a direct connection with the servers of Facebook, Google, Twitter, and LinkedIn. The content of the Plugin is transferred by the respective Provider directly to your browser, which then integrates it into the Website. Integration of the Plugin allows the Provider to receive the information that you have accessed the respective social media website even if you do not maintain a profile with that Provider or if you are not logged in at the moment. This information (including your IP address) will be transferred by your browser directly to the Provider in the U.S. and stored there.
If you are logged in with one of the Providers’ services, they will be able to assign your visit on our Website to your profile with the respective Provider. If you interact with any of the Plugins, e.g. by pressing the “Like” or the “+1” button, this information will also be sent directly to the server of the Provider and stored there. The information will also be published in the social network on your respective account, e.g. Twitter, and displayed to your contacts there.
In addition, there is also a “Share” button for e-mail. The “Share” buttons can be recognized by their respective logos. All “Share” buttons are set up in compliance with data protection requirements. A direct connection between your browser and the server of the operator of the respective social network is established only when you click on the respective “Share” button on this website (and only then). According to the operators of the Providers, no personal data is collected by the social networks without a click on the respective “Share” button. Only data of logged-in IBOs and Customers, including the IP address, is collected and processed. If you do not wish to associate your visit to our website with your user account of the respective Provider, please log out of the user account of that Provider. We do not receive any information regarding the content of the data transmitted and its use by the Providers. For more information about the use of data by the Providers, please refer to the privacy policies of the Providers mentioned.
For more information on the purpose and extent of the data acquisition and how data are processed and used by the respective Provider as well as regarding your rights and optional settings to protect your privacy, please refer to the privacy policies of the respective Provider:
If you do not want Google, Facebook, Twitter or LinkedIn to allocate data collected on our Websites to your profile in their service, you must log out of the respective service before visiting our Website. You can prevent the loading of the Plugins completely by using Add-Ons for your browser, e.g. the script-blocker “NoScript” (http://noscript.net/).
❖ Travel suppliers. We share personal information with travel-related suppliers such as hotels, airlines, car-rental companies, insurance, vacation-rental property owners and managers, and where available, activity providers, rail, or cruise lines who fulfill your booking. Please note that travel suppliers may contact you to obtain additional information if and as required to facilitate your booking or to otherwise provide the travel or associated services.
❖ Business partners and offers. If we promote a program or offer a service or product in conjunction with a third-party business partner, we will share your information with that partner to assist in marketing or to provide the associated product or service. In most of those cases, the program or offer will include the name of the third-party business partner, either alone or with ours, or you will be redirected to the website of that business with notice. An example of such a business-partner relationship would be a third-party loyalty program for which you could earn points by completing a booking on our platform.
❖Disclosure in Connection with Services. Some of our operations, such as our electronic commerce, may be managed by Service Providers who are unaffiliated companies. These companies may share Personal Information with their affiliates and service providers whom they engage to perform services related to our Websites or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Website hosting and evaluation, data storage, analysis, or security and, where applicable, data cleansing. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions. These third-party service providers are required to protect personal information we share with them and may not use any directly identifying personal information other than to provide services we contracted them for. They are not allowed to use the personal information we share for purposes of their own direct marketing (unless you have separately consented with the third-party under the terms provided by the third-party). In no event will we authorize these companies to use your Personal Information for any reason other than to provide you with those specific services. If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (U.S. Postal Service, UPS, FedEx, or other delivery companies we or you select). Our delivery service providers are asked not to use your Personal Information for any purpose other than making the delivery.
❖By Law or to Protect Rights. Onyxum discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Onyxum believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Onyxum, third parties, or the public at large.
❖Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. Onyxum will provide confidential and personally identifiable information as necessary to comply with judicial and administrative orders, subpoenas, Civil or Criminal Investigative Demands, Administrative and Regulatory Demands and other legal obligations. In order for Onyxum to conduct business in certain jurisdictions, Onyxum must disclose certain personally identifiable and confidential information to regulatory authorities in such jurisdictions. Such information may include, but is not limited to, income information and personally identifiable information.
❖Unpaid Accounts. If you fail to pay any balance owed in consideration of Services, Onyxum may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.
❖Lead Assignment and IBO Locator Features. Onyxum occasionally will assign prospective sales and new IBO leads to IBOs. In these cases, we will provide the lead with the appropriate IBO’s name and contact information and/or provide a distributor with the prospective lead’s name and contact information. In addition, Onyxum has a IBO Locator feature on its website. Pursuant to this feature, a prospective customer or new IBO can locate a nearby Onyxum IBO. In order to make the IBO Locator feature and the lead assignments effective, the company will provide the prospective customer or new IBO with the IBO’s name and contact information, which may include his/her telephone number, address, and/or email address.
❖To help IBOs in Onyxum’s network marketing program manage their independent businesses, we provide your Onyxum Sponsor and other upline Onyxum IBOs with your name, rank, address, telephone number, and email address as well as data relating to your sales and recruitment activity (if applicable) through the Back-Office to the Website. We also provide downline IBOs with the names, rank, address, telephone number, and email address of their Sponsor and certain specified upline IBOs.
IV.COMMUNICATIONS FROM US
A.Special Offers and Updates. By enrolling as a IBO, registering as Customer, or making a purchase or other inquiry through the Website, you consent to receive periodic email and other communications from us and from Onyxum IBOs. For example, Onyxum sends all new IBOs and Customers a welcoming email to verify password, username, and acceptance of the IBO Agreement or Customer Agreement. All IBOs and Customers will occasionally receive information on products, services, special deals, and a newsletter. Individuals who have not registered with Onyxum and who grant permission will also receive occasional information on products, services, special deals, and the like.B.Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send IBOs and/or Customers an email. Generally, IBOs may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. C.IBO and Customer Service. Onyxum communicates with IBOs and Customers via email, regular mail and telephone on a regular basis to provide requested services and in regards to issues relating to their Onyxum business. Onyxum communicates with other Customers with respect to products or services purchased by such Customers from Onyxum. Such communications may be by email, regular mail, or telephone.D.Privacy Preferences/Opt-Out. We now offer an on-line preference page located within the My Account section on www.https://onyxum.com where you can register and change your preferences to receive or not receive marketing materials. You may also update what product/lifestyle preferences you prefer, which may determine what offers and promotional materials you may receive. You may update these preferences at any time, but you must first register by creating an account before you can update any of your preferences. Please allow sufficient time for your preferences to be processed. You may also change your marketing preferences or remove yourself from our mailing list by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you or by contacting us at: Onyxum Services Inc., Attn: Privacy Manager, 600-1741 Lower Water Street, Halifax, Nova Scotia, Canada, B3J 0J2, or by e-mailing us at [email protected]
A.Links. Onyxum’s websites may contain links to other sites. Please be aware that Onyxum is not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our site and to read the privacy statements of each and every website that collects Personal Information. This privacy statement applies solely to information collected by Onyxum websites.
B.Security of Personal Information. We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We also are committed to employing reasonable technology in order to protect the security of our Websites. However, even with the best technology, no website is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such information to take comparable steps to protect that security.
D.Secure Shopping. When you place orders on our Websites, all of your order information, including your card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Websites from capturing and viewing your Personal Information. Since any order information you provide to us on our Websites will be transmitted using a secure connection, if your Web browser cannot support this level of security, you will not be able to order products through our Websites. The most recent versions of Google Chrome, Netscape Navigator, Apple Safari, and Microsoft Internet Explorer can support a secure connection and can be downloaded for free from the Google, Netscape, Apple, or Microsoft website respectively.
E.Passwords. To provide you with an increased level of security, online access to your Personal Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. Onyxum will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or e-mail messages).
F.Lost or Stolen Information. You must promptly notify us if your credit, banking, other financial information, user name or password is lost, stolen or used without permission. In such an event, we will remove that credit card number, bank account information, other financial institution information, user name or password from your account.
I.Making Changes to Your Personal Information. IBOs and Customers may update their personal information as necessary by logging into their Onyxum online Back Offices or Customer Accounts, which allows them to access and edit their registration account information. In addition, IBOs and Preferred Customers may contact us at [email protected] to update their profiles.
J.Information Sharing Disclosure Requests. If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom Onyxum or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at. Onyxum Services Inc., Attn: Privacy Manager, 600-1741 Lower Water Street, Halifax, Nova Scotia, Canada, B3J 0J2, or by e-mailing us at [email protected]. We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days. You may also see the California Privacy Notice here.