Privacy Policy

OnX PRIVACY POLICY

Please note: Our Privacy Policy has changed effective May 25, 2018. If you submitted personally identifiable information to us prior to the above effective date, and desire to opt out of having that previously submitted personally identifiable information from being treated as described under this new policy, please contact us.

Scope

OnX respects your privacy and is committed to protecting it through our compliance with this Policy. This Policy applies to your information, including personally identifiable information, which we collect from you when you visit our Website and in connection with any products and services you obtain from us.

We encourage you to read this Policy carefully in its entirety to understand our policies and practices. WHEN YOU ACCESS OUR WEBSITE OR USE OUR PRODUCTS OR SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE.

This policy describes the types of information we may collect from you or that you may provide when you visit www.onx.com. It also describes our practices for collecting, using, maintaining, protecting and disclosing that information.

This Policy, together with the Terms of Use posted on our Website, sets forth the general rules, policies and procedures governing your use of our Website and our policies and practices concerning your information provided or collected by use of our Website and how we will treat it. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions. Other products and services we offer may have their own privacy policies. In the event of a conflict between this Privacy Policy and a privacy policy specific to one of our products or services, the privacy policy of the product or service will control.

This Policy may change from time to time (see Changes to our Privacy Policy below).

Changes to Our Privacy Policy

We keep this Policy posted on our Website and you should review it frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. Your continued use of our Website following the posting of a new Privacy Policy indicates your acceptance of the new Policy. If at any point we decide to use your personally identifiable information in a manner materially different than what was stated at the time it was collected, we will notify you of this change by e-mail to the last e-mail address provided to us. You will have a choice (by means of an “opt out” opportunity) as to whether or not we use your information in this different manner. We will use information in accordance with the Privacy Policy under which your information was collected if you opt out of the new policy.

Privacy Policy Contents

• Information We Collect
• How We Use Your Information
• Cookies and Preference Based Advertising
• Other Uses and Information
• How We Protect Customer Privacy
• Linked Web Sites
• How You May Use Our Materials, Marks and Informational Content
• Customer Proprietary Network Information
• Public Forums
• Children Under Age 13
• Contact & Opt-In Information

Information We Collect

We collect personally identifiable information and non-personally identifiable information about you from a variety of sources when you use our Website, including:

• Information you provide to us directly when you purchase our products or services, such as name, address, phone number, and credit card number
• Information we collect about you when you visit our Website, use our services, or view our online advertisements, such as IP address, search terms, and Web pages you visit while on our Website
• Information we collect about you from other sources, such as commercially available sources
• Information supplied by you to our Website, such as demographic information (e.g., age, gender, purchase preference, etc.)

We may also collect information from you when you register for our products and services by means other than through our Website. Those products and services, such as Fioptics, may have their own privacy policies, which you should refer to for more information about how your information is collected and utilized in your use of those products and services. All the information we collect about you may be combined to help us tailor our services to you and other customers.

The information we collect depends on what you do when you visit our Website. There are two types of information that we are likely to collect:

• Personally identifiable information (PII) you give us: This is information we ask you to provide directly to us in the course of conducting business on our Website, such as name, home address, telephone numbers, e-mail address, credit card number, social security number, birth date. Although we generally collect Personal Data directly from you, on occasion, we also collect certain categories of Personal Data about you from other sources. In particular: (a) financial and/or transaction details from payment providers located in the US and other regions in order to process a transaction; (b) third party service providers (like Google, Facebook, LinkedIn) who are located in the US or other regions, which may provide information about you when you link, connect, or login to your account with the third party provider and they send us information such as your registration and profile from that service. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider; and (c) other third-party sources/ and or partners from US or other regions, whereby we receive information about you (to the extent permitted by applicable law), such as demographic data or contact information. We may use that information and combine it with other information we have about you. We also receive information about your experiences and interactions from our partner ad networks.In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your PII in connection with a feature, program, promotion or some other aspect of our Website. For instance, you may: (a) provide your name, mail/shipping address, email address, credit card number and phone number when registering with our Website, or purchasing or using our services; (b) provide certain demographic information about yourself (e.g., age, gender, purchase preference, usage frequency, etc.) when participating in a survey or poll; or (c) post a general comment and/or recommendation on our Website.
• Non-personally identifiable information (Non-PII) collected: This information is data about usage and the operation of our products and services that is “anonymous”, that is, it is not associated with a specific personal identity. Examples of this type of information include the search terms you use on our Website, the specific web pages you visit, and the duration of your visits. It may also include the type of Internet browser and the type of computer operating system you are using. As you navigate through and interact with our Website, we may use automatic data collection and analysis technologies such as cookies to collect certain information about your equipment and browsing behavior and patterns. This information includes the date and time you access our Website, traffic data, location data, logs and other communication data, and the resources you access and use on the Internet.The Non-PII we collect is statistical data and we may use it by itself or aggregate it with information we have obtained from other customers or other sources. We may, among other things, share your Non-PII with our affiliated companies, allow third parties to collect such information directly from you, and /or sell the Non-PII to third parties to achieve those objectives. However, it is important to remember that your Non-PII (whether standing alone or combined with other Non-PII) is anonymous information that does not personally identify you.

How We Use Your Information

Personally Identifiable Information. We may use your PII to provide the products and services you request, to tell you about our other services, and to manage our Website and services. We may share your basic PII with one or several of our business partners to make initial determination of the services you may need. We may also share your information to protect and defend the rights and property of OnX.

We use your PII for the following business purposes:

• To ensure that you are receiving the products and services you ordered
• To allow us to properly maintain and communicate with you about those products and services and to make improvements or upgrades when necessary
• To confirm that you are being properly billed
• To provide you with technical support and for system maintenance
• To inform you of new products or services that may be of interest to you
• To allow us to understand the use of, and identify improvements to, our services
• To prevent fraud, including the unauthorized use of our services or violations of applicable policies and terms of service
• To ensure our own compliance with the law
• To respond to legal requests or as otherwise required by applicable law.

Additionally, we may use or disclose PII about you without your consent to protect our customers, employees, or property in emergency situations, or to enforce our rights under our terms of service and policies in court or elsewhere. Further, we may disclose your PII where necessary to provide or conduct a legitimate business activity related to the services provided to you, or as required as required by law or legal process, as more fully discussed under Other Uses and Information below.

Except as otherwise disclosed in privacy policies for our mobile applications or for other products or services, we do not sell, trade or rent your PII to outside companies or marketing firms, or to other third parties without your consent, except for the following circumstances:

• We may share this information within the family of OnX-affiliated companies to improve our services to you.
• We may share your PII with our agents and trusted business partners only when required for the specific and limited purpose of providing products or services to you that you have authorized, such as to our shipper in order to fulfill an online order, or in the context of our mobile application, to a content provider to increase the relevance of the content you are served.

You may opt-out from receiving future promotional information from us as set forth below in the Contact and Opt-Out Information section.

If you create a personal account or business account with us and provide us with any of the above information for the purpose of conducting business, you authorize us to store your name, residential, business, or shipping address, email address, and credit card and billing information. We may use third parties to carry out the foregoing and other business functions and, in such instances, these third parties may use your information for these limited purposes.

Non-Personally Identifiable Information (Non-PII).

We collect and analyze Non-PII to measure the number of visitors to the different sections of our Website, to evaluate how visitors use our Website and to provide you with advertisements that are relevant and useful to you unless you have told us not to. We also use the information we collect to understand customer needs and trends, to carry out targeted promotional activities, and to generally help us make our Website more useful to visitors.

Cookies and Preference-Based Advertising

1) Cookies and Web Beacons: We automatically receive and store certain types of Non-PII when you interact with us. We use “cookies” or “web beacons” (also called “clear figs” or “pixel tags”) to obtain certain types of information when your web browser accesses our Website. We use cookies and web beacons for login verification, session management, load balancing and personalization to enhance your user experience.

A cookie is a small text file created by our Website and stored on your computer’s hard drive, memory, or web browser. It enables our systems to recognize your computer by the Internet Protocol (IP) address and to provide customized services. The use of cookies is standard in the industry and you’ll find they’re used at most Websites. We use cookies for login verification, session management, load balancing and personalization to enable your user experience. Cookies do not contain PII, and we never use cookies to retrieve Non-PII from your computer that was not already voluntarily provided to us by you. Most cookies are “session cookies”, meaning that they are automatically deleted from your hard drive at the end of a session. Our Website will provide you with an opportunity to “opt-out” of our use of cookies for your session, and you are always free to decline our cookies if your browser permits, although in that case, you may not be able to use certain features on our Website, including the “My Account”self-service functionality. To learn how to enable or disable cookies on your computer, visit Google’s instructions here. Visitors desiring to prevent data from being collected by Google Analytics may use the opt-out browser add-on developed by Google for this purpose.

“Web beacons” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, or when an email has been opened, and to provide other information.

Examples of information we collect and analyze in this manner include the IP address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your activities on our Website, including what you view/search for, as well as the URL you come from and go to next (whether this URL is on our site or not); and cookie number.

2) Preference Based Advertising: We may now or in the future work with third parties, including third party advertising networks and website analysis firms, who use cookies and web beacons (also called “clear gifs” and “pixel tags”) to data when you visit our Website and third party sites. The data that is collected is Non-PII, and is often used by these advertising networks to serve you with personalized or interest-based advertisements or other messages while you are on our Website and/or on third party sites that better reflect your preferences and needs. For more information on how this type of advertising works, go to DAI Self Regulatory Program.

Opting Out: If you do not wish to participate in this preference based advertising via these third party advertising networks, go to NAI Opt Out and follow the simple opt-out process. A couple of important notes about this opt-out tool: (1) it includes all the advertising networks that we may work with, but also many that we do not work with; and (2) it may rely on cookies to ensure that a given advertising network does not collect information about you (“Opt-out Cookies”). Therefore, if you use or buy new computer, change web browsers or delete these Opt-out Cookies from your computer, you will need to perform the opt-out task again.

3) Do Not Track Features: Certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference-based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether or not that reflects your preference. Providing a DNT Notice is often touted as a means to ensure that cookies, web beacons and similar technology are not used for preference-based advertising purposes – that is, to restrict the collection of Non-PII about your online activities for advertising purposes. Unfortunately, given how preference-based advertising works, DNT Notices may not effectively accomplish this goal. For this and a variety of other reasons, with respect to our Website, we do not take any action based on browser based DNT Notices. Rather, if you do not wish to participate in preference-based advertising activities, you should follow the simple opt-out process identified above.

Other Uses and Information

(1) Email Communications: In certain instances we may communicate with you via email; for example, if you request a particular service or sign up for a feature that involves email communications, the email relates to a purchase you have made with us, we are sending you information about our other products and services, or you consented to being contacted by email for a particular purpose. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.

(2) Transfer of Assets: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the PII and Non-PII we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

(3) Extraordinary Circumstances: We reserve the right to disclose any PII or Non-PII about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our, or other users; or (d) in an emergency to protect the health and safety of our customers or the general public.

(4) Your California Privacy Rights: Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information, as defined under California law during the preceding year for third-party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing as provided in the Contact and Opt-Out Information section below.

How We Protect Customer Privacy

We take the security of your information very seriously. We have implemented industry-standard security measures to protect against the loss, misuse and alteration of the information under our control. To help ensure the confidentiality of your personal information, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

OnX uses industry standard practices to safeguard the confidentiality of your PII, including firewalls and Secure Socket Layer (SSL) encryption. OnX treats all data collected as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by persons inside and outside the company.

Please be advised, however, that while we strive to protect your PII and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your PII. In the unfortunate event that your PII (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion unless not permitted by applicable law) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

Linked Web Sites

The Website contains links to various other websites that we do not control or maintain. Please be aware that these other websites may have privacy policies that may differ from OnX’s policies. OnX assumes no responsibility for either the content that appears on linked websites or the privacy of the information you provide once you have linked to other websites. You should read the privacy policies of all third-party websites before submitting any personally identifiable information.

Customer Proprietary Network Information (CPNI)

The Telecommunications Act and federal regulations give you, the customer, a choice about how OnX uses information about your current telecommunications services to provide information to you about new or additional products and services that will best meet your communication needs. These regulations are designed to protect your privacy rights as a telecommunications customer.

OnX values our customers’ privacy and meeting your communication needs is our top priority. Under federal law, OnX must obtain your permission to use your Customer Proprietary Network Information (CPNI) to market new or additional products or services to you and to share this information with our affiliates and authorized sales representatives. CPNI is data that is not publicly available and includes information such as type of service, number of telephone lines, amount of usage, and calling and billing records. Click here to read more about CPNI or to authorize use or non-use of your CPNI.

Public Forums

We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our Website can communicate. The protections described in this Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use PII and Non-PII about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.

Children Under Age 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to us by using the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us as instructed in the Contact and Opt-Out Information section below.

Contact and Opt-Out Information

You may contact us if you have questions or comments about our Privacy Policy, or wish to make corrections to any PII you have provided us.

If you want to opt-out from receiving future commercial email correspondence from us, or wish to withdraw your consent to our sharing of your PII with relevant co-promotional partners, you should follow the unsubscribe instructions found in the emails we send to you, or otherwise contact us at the email address above.

We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.

Privacy Policy Effective May 25, 2018

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