Last Revised: November 2020
In the same way, we inform you that your data will be processed in accordance with the personal data protection laws currently in force; specifically, according to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
2. Types of Information We Collect
We may collect personal information from you including, without limitation, non-public information about you that helps Voxy identify you, such as first and last name, birth date, email address, home address, telephone number, password, preferences and interests, income, education level, ethnicity, marital status, homeowner status, shopping habits, Site usage, age, gender and other information that is not otherwise publicly available (collectively, “Personal Information”).
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services.
We also may collect non-personal information about your use of the Site such as your IP address, usage statistics, browsing history, types of computers and/or mobile devices accessing the Site, Content or Services, type of computer operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer), and the domain name of your internet service provider (collectively, “Traffic Data”).
3. How We Collect Information
We may collect personal information from you when you use the Site or register an account to access Content, Services or Activities provided on the Site or to request to receive emails or newsletters that may be offered on the Site or offline. Personal Information collected by Voxy may be stored and processed in the United States in accordance with the laws of the United States, or in other jurisdiction. By using the Site and submitting your personal information to Voxy online or offline, you expressly consent to the storage and processing of your personal information in the United States in accordance with the laws of the United States, or in other jurisdictions.
Depending on the User’s location, data transfers may involve transferring the User’s Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data.
We may combine Personal Information we collect through our Site or offline with information that we obtain from our affiliates, suppliers, vendors, merchants, licensors, partners or sponsors, and other sources (e.g., offline records or publicly available information). We will treat the combined information as personal information.
Voxy may automatically receive and record non-personal information on our server logs from your browser as well as through other analysis of the Site. We also may collect information using cookies, web beacons or similar technologies, or through third parties using similar technologies.
B. Web Beacons
We or our third party tracking utility company also use “web beacons” to collect information about your use of our Site, the websites of selected sponsors and advertisers, and our Content and Services. Web beacons are tiny graphic image files embedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser. The information collected by web beacons allows us to statistically monitor how many people are using our Site and Services, selected sponsors’ and advertisers’ websites and using our Services and for what purposes.
4. How We Use Your Information
We may use the information we collect:
- To alert you to new features, terms, Content, Services, Activities, stores, restaurants or products.
- To send emails or newsletters, and to provide you with personalized content in the newsletters.
- To monitor and analyze information regarding your browsing and viewing preferences.
- To analyze our users’ demographics and interests.
- To administer Content, Services or Activities.
- To process and respond to your inquiries.
- To improve the Site.
- For the purposes for which you provided the information.
5. The Rights of Users
Users may exercise certain rights regarding their Data processed by the Owner.
In particular, Users have the right to do the following:
- Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.
- Object to processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.
- Access their Data. Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
- Verify and seek rectification. Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
- Restrict the processing of their Data. Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it.
- Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner.
- Receive their Data and have it transferred to another controller. Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.
- Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.
6. Retention Time
Personal Data shall be processed and stored for as long as required by the purpose they have been collected for.
- Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed.
- Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner.
The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
7. Communications with You
You authorize Voxy to transmit email to you to respond to your communications and administer Services, Content or Activities. If you participate in any Services, Content or Activities, you agree that Voxy is authorized to contact you by to send information and documents to you by email or postal mail. Unsubscribe instructions are included in each promotional email from Voxy or you may sent an email requesting to opt-out of communications to firstname.lastname@example.org. Please note that such requests may take up to ten (10) days to become effective. You may not opt out of receiving communications regarding your dealings with Voxy or the Site, Content, Services or technical information about the Site.
8. Information Sharing with Third Parties
We also may share your information in response to a subpoena, legal order or official request, when we believe you have acted in violation of the Terms, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety of Voxy or others, or as otherwise permitted or required by law.
We also may use and share non-personally identifiable information with third parties. Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with advertisers, business partners, and/or third parties in order to analyze Site usage, perform services on our Site or others’ Site, improve our services, improve our user experience, or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
DISCLOSURES TO AGENTS AND SERVICE PROVIDERS
We sometimes contract with other companies and individuals to perform functions or services on our behalf such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services. They may have access to Personal Information needed to perform their functions but are restricted from using the Personal Information for purposes other than providing services for us or to us. Voxy requires that its agents and service providers that have access to Personal Information received from the EEA provide the same level of protection as required by the EU-U.S. Privacy Shield Principles.
We are responsible for ensuring that our agents, service providers and other third parties to whom we disclose your Personal Information process the information in a manner consistent with our obligations under the EU-U.S. Privacy Shield Principles.
|Third Party/Service Vendor||Purpose||Country|
|AWS Amazon||Hosting, Content Delivery Network services||USA|
|Marketo||Email service provider||USA|
|Pendo.io||Third-party analytics provider||USA|
|Third-party analytics provider, email provider||USA|
|Datadog||Centralized logging, monitoring||USA|
|Wistia||Content Delivery Network services||USA|
|Zendesk||Chat and service for customer support||USA|
The Site is not directed toward children under 13 years of age nor does Voxy knowingly collect information from children under age 13 on the Site or offline. If you are under 13, you are not permitted to register for emails or newsletters or to otherwise submit any personally identifiable information to Voxy. If you provide information to Voxy through the Site, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Site, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe Voxy may have inadvertently collected personal information from your child, please notify Voxy immediately by sending a message detailing the basis of your belief and your request to:
Voxy, Inc. 64 Bleecker St. #241, New York, NY 10012-2410
10. Protection of Personal Information
Voxy uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of personal information. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Voxy to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, neither Voxy nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.
11. Updating your Information
You are responsible for keeping your information current. You may update your information by contacting us at email@example.com or editing your account information. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Voxy’s internal reporting, processing and retention policies and all applicable legal obligations.
12. Notice of Privacy Rights of California Residents
We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice. Due to Voxy’s size/data collection, Voxy is not currently required to comply with the CCPA, but we do make an effort to do so.
If you are a California resident and have provided personal information to Voxy, you are entitled by law to request certain information regarding any disclosure that may have been made by Voxy to third parties of personal information for their direct marketing purposes. To make such a request, send a message to firstname.lastname@example.org.
The message should specify that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. Voxy is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above e-mail address.
We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so. You may make such a request by sending us a message at email@example.com.
When contacting us, please indicate your name, address, email address, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, 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.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. Voxy does not currently offer any incentive programs related to personal information.
14. Privacy Shield Policy
Voxy Inc. (“Voxy”) has adopted this Privacy Shield Policy (“Policy”) to establish and maintain an adequate level of Personal Data privacy protection. This Policy applies to the processing of Personal Data that Voxy obtains from Customers located in the European Union.
As further explained in the EU-U.S. Privacy Shield Principles, a binding arbitration option will also be made available to you in order to address residual complaints not resolved by any other means. The Federal Trade Commission (FTC) has jurisdiction over Voxy’s compliance with the Privacy Shield.
All Voxy employees who handle Personal Data from Europe are required to comply with the Principles stated in this Policy.
In compliance with the Privacy Shield Principles, Voxy commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Voxy using the contact information in the section: Questions? Contact the Owner and Data Controller.
If you do not receive timely acknowledgment of your complaint, or if you cannot resolve your complaint directly with Voxy, you can contact the International Centre for Dispute Resolution, the international division of the American Arbitration Association (ICDR/AAA), by visiting its web site at http://go.adr.org/privacyshieldfiling.html. ICDR/AAA will investigate and assist you free of charge in resolving your complaint. Voxy has engaged the ICDR/AAA as an independent dispute resolution provider to address unresolved Privacy Shield complaints.
15. Information for Users residing in Brazil
This part of the document uses the term “personal information“ as it is defined in the Lei Geral de Proteção de Dados (LGPD).
The grounds on which we process your personal information
We can process your personal information solely if we have a legal basis for such processing. Legal bases are as follows:
- your consent to the relevant processing activities;
- compliance with a legal or regulatory obligation that lies with us;
- the carrying out of public policies provided in laws or regulations or based on contracts, agreements and similar legal instruments;
- studies conducted by research entities, preferably carried out on anonymized personal information;
- the carrying out of a contract and its preliminary procedures, in cases where you are a party to said contract;
- the exercising of our rights in judicial, administrative or arbitration procedures;
- protection or physical safety of yourself or a third party;
- the protection of health – in procedures carried out by health entities or professionals;
- our legitimate interests, provided that your fundamental rights and liberties do not prevail over such interests; and
- credit protection.
To find out more about the legal bases, you can contact us at any time using the contact details provided in this document.
Categories of personal information processed
To find out what categories of your personal information are processed, you can read the section titled “Detailed information on the processing of Personal Data” within this document.
Why we process your personal information
To find out why we process your personal information, you can read the sections titled “Detailed information on the processing of Personal Data” and “The purposes of processing” within this document.
Your Brazilian privacy rights, how to file a request and our response to your requests
Your Brazilian privacy rights
You have the right to:
- obtain confirmation of the existence of processing activities on your personal information;
- access to your personal information;
- have incomplete, inaccurate or outdated personal information rectified;
- obtain the anonymization, blocking or elimination of your unnecessary or excessive personal information, or of information that is not being processed in compliance with the LGPD;
- obtain information on the possibility to provide or deny your consent and the consequences thereof;
- obtain information about the third parties with whom we share your personal information;
- obtain, upon your express request, the portability of your personal information (except for anonymized information) to another service or product provider, provided that our commercial and industrial secrets are safeguarded;
- obtain the deletion of your personal information being processed if the processing was based upon your consent, unless one or more exceptions provided for in art. 16 of the LGPD apply;
- revoke your consent at any time;
- lodge a complaint related to your personal information with the ANPD (the National Data Protection Authority) or with consumer protection bodies;
- oppose a processing activity in cases where the processing is not carried out in compliance with the provisions of the law;
- request clear and adequate information regarding the criteria and procedures used for an automated decision; and
- request the review of decisions made solely on the basis of the automated processing of your personal information, which affect your interests. These include decisions to define your personal, professional, consumer and credit profile, or aspects of your personality.
You will never be discriminated against, or otherwise suffer any sort of detriment, if you exercise your rights.
How to file your request
You can file your express request to exercise your rights free from any charge, at any time, by using the contact details provided in this document, or via your legal representative.
How and when we will respond to your request
We will strive to promptly respond to your requests.
In any case, should it be impossible for us to do so, we’ll make sure to communicate to you the factual or legal reasons that prevent us from immediately, or otherwise ever, complying with your requests. In cases where we are not processing your personal information, we will indicate to you the physical or legal person to whom you should address your requests, if we are in the position to do so.
In the event that you file an access or personal information processing confirmation request, please make sure that you specify whether you’d like your personal information to be delivered in electronic or printed form.
You will also need to let us know whether you want us to answer your request immediately, in which case we will answer in a simplified fashion, or if you need a complete disclosure instead.
In the latter case, we’ll respond within 15 days from the time of your request, providing you with all the information on the origin of your personal information, confirmation on whether or not records exist, any criteria used for the processing and the purposes of the processing, while safeguarding our commercial and industrial secrets.
In the event that you file a rectification, deletion, anonymization or personal information blocking request, we will make sure to immediately communicate your request to other parties with whom we have shared your personal information in order to enable such third parties to also comply with your request – except in cases where such communication is proven impossible or involves disproportionate effort on our side.
Transfer of personal information outside of Brazil permitted by the law
We are allowed to transfer your personal information outside of the Brazilian territory in the following cases:
- when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, according to the legal means provided by the international law;
- when the transfer is necessary to protect your life or physical security or those of a third party;
- when the transfer is authorized by the ANPD;
- when the transfer results from a commitment undertaken in an international cooperation agreement;
- when the transfer is necessary for the execution of a public policy or legal attribution of public service;
- when the transfer is necessary for compliance with a legal or regulatory obligation, the carrying out of a contract or preliminary procedures related to a contract, or the regular exercise of rights in judicial, administrative or arbitration procedures.
16. Questions? Contact the Owner and Data Controller
Voxy, Inc. 64 Bleecker St. #241, New York, NY 10012-2410
Copyright © 2020 Voxy, Inc. All rights reserved.