Privacy Policy

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

sphinxus respects your privacy and recognizes your need for appropriate protection and management of your Personal Information (as hereinafter defined) that you (“you,” “your” and words of similar import mean you or, for services designed for businesses, the legal entity that you are authorized to represent and on whose behalf the such services are so purchased) may submit to sphinxus, its subsidiaries, affiliates, franchise owners, Employees and contractors (“sphinxus,” “we”, “our”, or “us”) in connection with any technology support services and products provided by or on behalf of sphinxus, whether during an on-site service visit, by telephone, through a web site, including sphinxus.com (collectively, the “Site”), or during the performance of remote support services (all of the foregoing and such support services are collectively referred to as the “Services”).  For purposes hereof, the term “Personal Information” means information that (i) is recorded in any form; (ii) is about you, your computer or device (collectively, “Device”) or otherwise pertains to either you or any of your Devices; and (iii) can be linked to you.  Personal Information includes information like your name, address, e-mail address, phone number, credit/debit card information and non-public information that is associated with the foregoing.  Notwithstanding the foregoing, Personal Information does not include information that pertains to you or your Devices, but cannot reasonably be used to identify you.

We recognize that when you choose to provide us with information about yourself and your Devices, you trust us to act in a responsible manner.  We have created this policy to inform you how your Personal Information will be treated if you visit or use the Site and/or access or us the Services or any proprietary or third party software used in connection with providing the Services (collectively, the “Software”).

Notice and Choice

We intend to give you as much control as possible over your Personal Information.  In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself.  We log your Internet address to give us an idea of which parts of Site you visit and how long you spend there, but we do not link your Internet address of your Device to anything personally identifiable.

There are times when we request that you voluntarily provide information such as your name, telephone number, e-mail address and/or physical address.  It is our intent to let you know before we collect Personal Information from you on the Internet.  Generally this information is collected when you register for an online Service or when you provide information in connection with an online transaction request for additional information or materials available from sphinxus. If you consent to receiving information from us, you will always have the option to “opt-out” of receiving additional information.

Consent

BY USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.  BECAUSE WE OPERATE GLOBALLY, WE MAKE INFORMATION WE GATHER AVAILABLE TO OUR WORLDWIDE BUSINESS UNITS. IF YOU ARE FROM THE EUROPEAN UNION, CANADA, OR OTHER JURISDICTIONS OUTSIDE OF THE UNITED STATES, PLEASE NOTE THAT PERSONAL INFORMATION WILL BE TRANSFERRED OUTSIDE THE EUROPEAN UNION OR YOUR HOME COUNTRY FOR USE BY US AND OUR AFFILIATES FOR ONE OR MORE OF THE PURPOSES DESCRIBED IN THIS PRIVACY POLICY AND OUR PRIVACY POLICIES DESCRIBED UNDER THE HEADING “Privacy Considerations for Citizens of the European Union and Switzerland.”  YOUR INFORMATION MAY BE PROCESSED AND STORED IN THE UNITED STATES, AND AS A RESULT, GOVERNMENTS, COURTS, OR LAW ENFORCEMENT OR REGULATORY AGENCIES MAY BE ABLE TO OBTAIN DISCLOSURE OF YOUR INFORMATION THROUGH LAWS APPLICABLE IN THE UNITED STATES.  BY USING THE SITE, SERVICES AND/OR SOFTWARE, AND PROVIDING US WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO THIS TRANSFER OF YOUR PERSONAL INFORMATION.

Collection of Personal Information

The Personal Information we gather from you helps us learn more about the visitors to the Site, users of the Services and/or the Software.  We may collect information that you voluntarily submit to us, including the following Personal Information:

• To create an account for our Services, you must provide us with a valid e-mail address and a password of your choice. You may also provide us with your telephone number.
• If you decide to order any of the Services and/or Software, we will collect the information necessary to charge your credit / debit card, including your full name, your billing address, and information about your card.
• When you contact us by sending us an e-mail, we will collect any information that is contained in your e-mail.
• We may give you the opportunity to sign up for an electronic newsletter after you have provided us with your e-mail address.

You can choose not to provide us with certain information, but this may limit the features of the Services and/or Software you are able to use.

Use of Cookies

We may use cookies to personalize your visit to the Site and your use of the Services and/or Software. “Cookies” are small pieces of information that are stored by your browser on your Device’s hard drive or are otherwise stored on the Device directly.  Most web browsers automatically accept cookies, but you can usually change your browser to prevent storage of the information.  Please note that if you set your browser to not accept cookies, you may not be able to fully view or use all parts of the Site and your use of the Services and/or the Software might be limited.

Site Navigation

We may use tools to analyze traffic patterns and inform us how visitors are using the Site and how successfully we are marketing our Services and/or Software.  We log your Internet address to give us an idea of which parts of the Site you visit and how long you spend there.  We also collect the Internet address from which you arrived on the Site (if any) and the Internet browser you are using to visit the Site.  We may rely on third party service providers to collect and analyze this information for us.

System Data Collection, Remote Control and Utilities

Our Services and Software help diagnose and resolve technology problems that you may have with your Device. We uses several types of software: the first type provides Device system information to Sphinxus which helps us to identify, diagnose and resolve the technology problem that you have encountered and/or problems that may arise in the future; the second type allows Sphinxus to remotely control your Device and modify its settings or software in our attempt to solve your technology problem; and the third type generally consists of utilities and other tools to improve Device’s performance and help solve your technology problem as described in our Terms of Service.

By ordering our Services, you are giving express permission to Sphinxus to download and use the Software. Depending on the Services that you order, the Software may allow us to temporarily take control of your Device and modify your Device settings to resolve your technology problem.  For other Services, the Software will report non-personal information about your Device’s performance and configuration to you and to Sphinxus.  For such Services, the Software will run on a regular basis, but only after you elect to run the Software and report your Device’s information to yourself and to Sphinxus.  In every instance, Sphinxus will solely use the Software and the information that it provides to attempt to identify and resolve your existing and potential technology problem(s) and use reasonable efforts to limit its access of your Personal Information while performing the Services and only after you have given us permission to do so.  However, in the course of providing the Services to you, we may inadvertently see, access, or be exposed to Personal Information on your Device.  You are responsible for and Sphinxus has no liability for securing and backing up your Device, your computer network, all information stored on your Device and all software on your Device.  Please see our Terms of Service for more information.

Monitoring of the Services

We may, but have no obligation to, monitor and record your access and use of the Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to Sphinxus to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to you; to enhance the types of Services we may provide to you in the future; and to protect ourselves and/or our Users.  Solely with respect to Services recordings that do not contain Personal Information, we may use such recordings or extracts from such recordings to promote and market the Services, provided that we will not use or disclose any audio recording elements in any external marketing or promotion without your specific prior consent to do so.

Use of Personal Information

In general, Personal Information is used by us (i) to register you for our Services and/or the Software, (ii) to respond to your requests and provide the Services and/or the Software to you, (iii) to improve the features, performance and support of the Services and the Software, and (iv) to offer you additional information, opportunities, and functionality.  We may also use your Personal Information to provide you with electronic newsletters or promotional e-mails, should you request to receive such communications from us.

Sphinxus personnel and any third party contractors working for or with Sphinxus in providing the Services and the Software only get access to any of the customer information (including any Personal Information therein) on a need-to-know basis and are under contractual obligations to keep the confidentiality of such information.

We may also collect and create aggregate information about customers, sales, traffic patterns, and data about our services and systems, and use such information internally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes, and we may provide it to third parties at our discretion, but this aggregate information will not include any Personal Information.

Disclosure of Personal Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade or rent your Personal Information to others or share your Personal Information with third parties.

We may disclose your Personal Information to third parties in these limited circumstances, some of which are described in greater detail below:

• we have your permission to make the disclosure;
• the disclosure is required by law, regulation or mandatory professional standards;
• the disclosure is reasonably related to the sale or other disposition of all or part of our business;
• the information in question is publicly available;
• the disclosure is reasonably necessary to establish legal claims;
• in order to enforce or apply our Terms of Service;
• in order to protect the rights, property or safety of Sphinxus or others; or
• Disclosure is made pursuant to the EU Privacy Policy described below.

Disclosure to Contractors

We may employ third party contractors that help us with providing the Services and Software to our customers, including, without limitation, to confirm transactions, process payments, store data, provide telephone support and other features of the Services and Software, or to communicate with our customers. We may share the Personal Information that we collect from you with these third party contractors to the extent necessary for them to perform their services to Sphinxus, and they may collect information (including Personal Information) from you in connection with providing the Services to the same extent as Sphinxus may collect information from you under this Privacy Policy.

Disclosure to Business Partners

We may also enter into relationships with business partners who may provide services or software in connection with our Services (“Business Relationships”). You may have become aware of our Services and Software through our business partners, or may have been offered our Services and Software in connection with such Business Relationships, sometimes under the name of our business partners, or on a co-branded website.  As part of such Business Relationships, our Services and Software may be provided in connection with the services of one or more of our business partners.  To the extent Sphinxus collects and stores information (including Personal Information) in connection with such Business Relationships, such collection and storing will be done in accordance with this Privacy Policy, unless we, or our business partner(s), inform you otherwise and obtain your consent.  It is also possible that we may receive information (including Personal Information) about you in the course of such Business Relationships that was collected by our business partner(s) to enable us to provide our Services and Software to you, in which case we will handle such information as described in this Privacy Policy, but we will have no influence on how the information is handled by our business partners.  We may share some of the information we collect in connection with such Business Relationships with our business partners, and these business partners will use and handle such information in accordance with their privacy policy and not this Privacy Policy. Such sharing will only be done in connection with the respective Business Relationship.  We will share only that information necessary for delivery of the Services and the Software, unless you have consented to the sharing of your information with the business partner or the jurisdiction in which you receive the Services and/or the Software does not require your consent prior to such transfer.

Affiliates; Business Transitions; Necessary Disclosures

We may share some or all of your Personal Information with any parent company, any subsidiaries, joint ventures, or other companies (collectively, “Affiliates”) under a common control we may have, in which case we will require our Affiliates to honor this Privacy Policy.

In the event Sphinxus goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. You acknowledge that such transfers may occur, and that any acquirer of Sphinxus or its assets may continue to use your Personal Information as set forth in this Privacy Policy.  You hereby consent to Sphinxus sharing your Personal Information under the above circumstances.

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend the rights or property of us, the visitors of the Site and users of the Services and/or Software, or third parties.

We expressly reserve the right, and in some states may be legally required, to report certain materials, such as, but not limited to, child pornography or terror plans, that we may become aware of in the course of providing the Services to the authorities in charge.

Feedback

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy.

Choices Regarding Personal Information

We do our best to maintain the accuracy of Personal Information you supply to us. You may access, correct, amend and update your Personal Information by contacting us at help@sphinxus.com/.  If you do contact us, we will require your name and e-mail address in order to identify you. We may request additional identifying information for security purposes.

We will send you service-related announcements (such as, but not limited to, notices of any updates to our Services, Software, Terms of Service or Privacy Policy) when it is necessary to do so.  You may not opt-out of these communications, which are not promotional in nature, but if you do not wish to receive these announcements, you have the option to deactivate your account with us, which involves termination of the Terms of Service.

When we delete information about you, it will be deleted from our active databases but may remain in our archives.

Security of Personal Information

To help protect the privacy of information you transmit through use of the Site, the Services and/or the Software, we use industry-standard technology that encrypts information you exchange with us.  In addition, we use reasonable standard industry practice to protect the information we collect from you against unauthorized access.  However, no company, including sphinxus, can fully eliminate security risks associated with the handling of information, including Personal Information, over the Internet, and with the storing of such information on servers that are connected with the Internet. If we learn of a security breach that involves your Personal Information and could result in identify theft, we will attempt to notify you so that you can take appropriate protective steps.  By using the Site, the Services and/or the Software, or providing Personal Information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services and/or the Software.  Depending on where you live, you may have a legal right to receive notice of a security breach by mail.  To add your name and mailing address to our list for notification purposes only, or to withdraw your consent from receiving electronic notice, please contact us at help@sphinxus.com/.

Links to Other Sites

The Site, the Services and/or the Software may contain links to other websites that are not owned or controlled by sphinxus.  The provision of such links is for your convenience and does not signify our endorsement of such websites or location or its contents.  We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites.  Please be aware that the terms of our Privacy Policy do not apply to any outside websites.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important.  For that reason, we do not intentionally collect or maintain information from those we actually know are under the age of 13, and no part of the Site is intended to be structured to attract anyone under this age.

Policy Subject to Change

This version of the Privacy Policy was last updated in November 2012.  If we decide to change our privacy practices, we will post those changes on this page so that you are informed of what information we collect, how we use it, and under what circumstances we may disclose it.

Privacy Considerations for Citizens of the European Union and Switzerland

We voluntarily adhere to the U.S. – EU Safe Harbor Framework and the U.S. – Swiss Safe Harbor Framework concerning the collection, use, retention and transfer of personal data from the European Union member countries and Switzerland to the United States.  Accordingly, we follow the Safe Harbor Principles published by the U.S. Department of Commerce (“Principles”) with respect to all such data.  The Principles can be found at http://www.export.gov/safeharbor.

Contact sphinxus

We are committed to protecting the privacy of the information you provide to us. If you have any comments, questions or complaints regarding our privacy policy or your information, please contact us at help@sphinxus.com/. We will address any issue to the best of our abilities. Thank you for your support of our privacy policies and of sphinxus.