Effective: January 4, 2014 / Last Update: March 4, 2023
PFOX.COM respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights, and how the law protects you. PFOX.COM deploys cookies and similar tracking technologies to build profiles, serve ads, and personalize your experience across websites. By pressing accept, you consent to the use of such cookies and data activities.
Pfox, Inc. ("PFOX") is made up of different legal (together with its, affiliates, partners, licensors, subsidiaries, and/or related names and companies, "PFOX," "PFOX.COM," "PFOX INC," "PFOX INDUSTRIES LLC.," "PFOX WEBSITE(S)," "PFOX SERVICE(S)," "PFOX PRODUCT(S)," "us," "our," or "we"). In this privacy notice, we are referring to the relevant entity in the PFOX.COM section responsible for processing your data. PFOX is the controller and is responsible for the operation of this Website as such.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, please contact the DPO. Individuals may exercise their legal rights by contacting the DPO. California residents may exercise their rights as explained in the California Privacy Notice as well as changes to the privacy notice and your duty to inform us of changes.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
We reserve the right to update and change this Privacy Notice at any time without notice to you. We encourage you to frequently check this page for any changes to stay informed. Historic versions may be obtained by contacting us.
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how PFOX collects and processes your personal data through your use of our PFOX.COM Websites and apps, including all Websites and apps that link to this privacy notice. This privacy notice also applies to the information we collect when you use our products and services or when you interact with our sales team or customer service specialists. Our Website, apps and products and services are not meant for minors. We do not knowingly collect data from minors.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Some of the information we collect is “Personal Information,” which generally means information that identifies you as, the individual and other information we associate with you. This may include a name, mailing address, e-mail address, driver's license number, date of birth, social security number, credit/debit card information (and related payment information) and/or telephone number. If you and/or an Organization affiliated by which you have created an account to which you or your minor child belongs to then any Personal Information we collect may relate any such minor child and/or children, if that provides information(This is out of pfox.com’s control). By providing the Organization or us with your child’s Personal Information, you represent that you are the child’s parent, guardian or otherwise have the authority to share this Personal Information with the Organization and us and consent to the Organization directly sharing such information with us. Although individuals under the age of 18 are not permitted to use pfox.com
We collect several categories of information, from the different sources:
INFORMATION YOU PROVIDE: We receive information you provide to us when you:
(1) create an account with us (including a shopping account online, an account to review products, a customer loyalty account, .a registration account or any other type of account);
(2) use credit card or payment through our banking partners;
(3) make a purchase or return;
(4) apply for reseller and/or multivendor opportunities;
(5) conduct a similar type transaction subject to governmental compliance obligations;
(6) contact us via any customer service method;
(7) submit user-generated content (via our Sites, Internet Marketing Channels or otherwise);
(8) participate in customer research, surveys, sweepstakes or promotions;
(9) subscribe for email, text, or other messages;
(10) work with our Teammates/Associates who provide you with assistance for any need, including with your product(s) and purchase(s) through use of our Sites;
(11) download or use our Sites;
(12) file a claim or participate in investigations regarding claims or losses; or
(13) otherwise communicate information to us in any format.
We may receive information you provide on behalf of third parties, or third parties provide on your behalf, including but not limited to gift recipients, online registrations/purchases, ship-from-store, in-store pick-up, registries or as a result of your interactions with other users on our team.
We receive information from sources assisting us with (I) updating, enhancing, improving and/or analyzing our records or data; (II) performing marketing and research services; or (III) detecting fraud or theft; or (IV) submitting feedback and/or any other participating communications. We may also acquire information about you from third parties with whom we have a relationship or otherwise contract with to obtain such information. In the event we acquire a business, we may receive information from the seller of such business. Additionally, we may receive information from various consumer reporting agencies and related service providers, if applicable to your service.
Information that is passively collected when you use the Sites. When you visit our Sites or interact with us through your device, (including Wi-Fi, Bluetooth or other technologies in our online store) we may collect "User Activity Information" through Cookies, Web Beacons and other similar or related technologies (collectively, "Information Technologies"). "Cookies" are small text files sent to your device as you visit our Sites or utilize our Internet Marketing Channels and saved on your device via your browser. "Web Beacons" (also known as pixels or tags) are a common form of web technology used on our Sites and Internet Marketing Channels to monitor visits to certain pages within, interactions with, and the effectiveness of, our Sites and our Internet Marketing Channels.
We may gather online technology Information when you login with other electronic devices or using third party accounts that link to PFOX.COM, we may receive certain information from that third party about you, and may use such information, as outline by this Policy.
In addition to collecting Personal Information as described above, we may collect information that does not identify you and is not associated with your Personal Information. We may also de-identify information so it no longer identifies you. We can aggregate and use such information to engage in marketing and other activities in a manner that does not use customers’ personal information and is outside the scope of this Policy.
CONTROLLER QUESTIONS OR CONCERNS
You have the right to make a complaint at any time to the supervisory authority for data protection issues in your jurisdiction.(View web sources). We would however, appreciate the chance to deal with your concerns before you contact any government agencies, so please contact us first. We do not ship or sell products to the EU.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about and individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We collect personal information directly and indirectly about you as described below. We may collect, use, store, and transfer different kinds of personal data about you which we have grouped into categories as follows:
Data includes first name, maiden name, last name, username, or similar identifier, marital status, title, date of birth, and gender.
Contact data includes billing address, mailing address, email address, and telephone numbers.
Financial data includes bank account and payment card details.
Transaction data includes details about payments to and from you and other details of products and services you have purchased.
Technical data includes internet protocol (IP) address, your login data, browser type, and version, time zone setting in any location, browser plug-in types and versions, operating system and platform, and any other technology on the devices you use to access this Website.
Profile data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
Usage data includes information about how you use our Website, products, and services.
Marketing and communications data includes your preferences in receiving marketing from us and our third parties as well as your communication preferences.
Social Media Application Data includes your public profile information, your social media connections, photos and "likes."
Geolocation information may be recorded when you use certain features of our apps, which may be uploaded to your profile when synced with your account.
We also collect, use, and share aggregated data, such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data, but is not considered personal data in law, as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific Website feature, data entered when using PFOX Websites, pages most frequently accessed, browser type, links and user clicks, and other similar information. However, if we combine or connect aggregated data with your personal data, so it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, genetic or fingerprint data, or use facial recognition), nor do we collect any information about criminal convictions and offenses.
IF YOU FAIL TO PROVIDE DATA
When we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to allow access to our website (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED?
We may collect the categories of personal information described above either directly or indirectly from various categories of sources, including the following sources:
Direct interactions. You may give us identity, contact or any financial data by filling in forms or by corresponding with us by mail, phone, e-mail, or otherwise. This includes personal data you provide when you:
Apply for our products or services
Create any account on our Website
Subscribe to our service or publications
Request marketing to be sent to you
Enter a competition, promotion, or survey
Leave us feedback
As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and any other similar technologies. We may also receive technical data about you if you visit other Websites employing our cookies.
When you visit any PFOX Website, we may assign your computer one or more cookies to facilitate access and to personalize your experience on that PFOX Website. A cookie is a small text file that we place on a User's computer browser. Through the use of a cookie, we may also automatically collect information about your online activity on any PFOX Website, such as the web pages you visit and the links you click. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on PFOX Websites.
We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of PFOX Websites. Web beacons are tiny graphics that are embedded in the webpage and are used for similar purposes as cookies to track activity. We may also include web beacons in e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer to visitors of PFOX Websites, to deliver targeted advertisements, and to measure the overall effectiveness of our online advertising, content, programming, or other activities.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below. Technical data from the following parties:
Analytics providers such as Google based in or outside the U.S.
Advertising networks based inside or outside the U.S.
Search information providers based inside or outside the U.S.
Contact, financial, and transaction data from providers of technical, payment, and delivery services based inside or outside the U.S.
Identify contact data from data brokers or aggregators based inside or outside the U.S.
Identify any contact data from publicly available sources based inside or outside the U.S.
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data for the following business purposes:
When we need to perform a contract we are about to enter into or have entered into with you.
For the provision of our products and services or the operation of our business or a third party's business. All of our employees and contractors are required to follow our data privacy and security policies when handling personal information.
Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests
When we need to comply with a legal or regulatory obligation
Where we need to protect your (or someone else's) interests
Where necessary, in connection with the sale, merger, acquisition or other reorganization of our business
For marketing purposes
By creating an account with us, you agree that we may contact you for marketing purposes by phone, e-mail, mail, or text message, even if your number is on a do-not-call list or is a wireless number
To process transactions
A. Email Opt-Out. You may unsubscribe to future promotional e-mail(s) communications from pfox.com by unsubscribing. [email protected]. In addition, you may use the methods set forth in the "Contact Customer Support" or use our contact to opt-out or update certain preferences. Regardless of your decision to opt-out of promotional e-mail communications, we may still contact you to respond to an inquiry, regarding transactions and for transactional purposes (e.g., sales confirmations, shipping notifications, recalls, product information, service/reminder notices and account maintenance).
B. Disabling Cookies. Based upon your interactions with our Sites and elsewhere on the internet and your (and your device’s) interaction with our Internet Marketing Channels, we may personalize your experience via our Sites and via our Internet Marketing Channels. However, you have choices relating to how your device interacts with our Sites and our Internet Marketing Channels. You may choose to access our Sites and our Internet Marketing Channels without accepting certain Information Technologies on your device(s), and you may opt-out or modify certain elements that are tailored specifically to you and served to you based upon your browsing history. If you choose to restrict those Information Technologies, you can still access our Sites and Internet Marketing Channels, but may not be able to take full advantage of certain features. You may also manage third party tracking by turning off cookies and changing your browser settings. Learn more at: www.allaboutcookies.org.
C. Interest-Based Advertising and “Do Not Sell or Share” Requests. We may or may not participate in interest-based advertising (IBA), also known as Online Behavioral Advertising. We may or may not use third-party advertising companies and networks to display ads tailored to your individual interests based on how you browse and shop online when you visit our Sites, Internet Marketing Channels and across other sites to serve you PFOX.COM advertisements across the Internet and through other channels. Some of these networks may be members of the Network Advertising Initiative (“NAI”) or participate in the Digital Advertising Alliance's ("DAA") Self-Regulatory Program. To learn more about your choices relating to members of the NAI visit their website athttp://www.networkadvertising.org/choices/ completed. To learn more about your choices relating to networks that participate in the DAA Program, please visit http://www.aboutads.info. Please note, even if you choose to restrict, opt-out or modify your preferences, you may still see or receive PFOX.COM advertisements on our Sites, on our Internet Marketing Channels and on other sites, but such advertisements will not be based upon your browsing history.
D. In addition, the browser on your device may offer you preferences regarding a website's collection of your information or your online activities over time and/or across different websites or online services and you may modify your individual preferences. Our Sites endeavor to process “Global Privacy Control” (GPC) signals from web browsers by automatically opting-out such visitors from Third Party Targeting Cookies, although GPC technology is not fully developed and it is not yet supported by all browsers. You also have the option to opt out of certain interest-based advertising, and to learn more about interest based advertising or to opt-out of this type of advertising by participating members, please visit the Network Advertising Initiative website and the Digital Advertising Alliance website http://www.aboutads.info/choices. Options you select are browser and device-specific.
E. We may provide certain personal information to specific consumer brands, advertising businesses and other third parties, such as to provide targeted advertising, customer analytics, a more personalized experience and special offers to you. Specifically, identifying information, User Activity Information and/or transaction information may be shared through targeting cookies and data extracts. PFOX.COM may benefit from these activities and you can opt back in to targeting cookies or opt back in to data extracts by contacting us as directed.
F. Location Information. When you visit our Sites, they may collect general location information from your IP address and your specific location information (latitude and longitude) from your browser. You may opt-out of allowing our use of specific location information by contacting us and use the location information installed on your PC, phone and/or any other electronic communication presented by those outside systems including managing your browser settings. Note, such opt-outs and browser settings do not limit our ability to use your general location obtained information via your IP address.
Generally, for those consumers located in the European Union, we do not rely on consent as a legal basis for processing your personal data, other than in relation to sending third party direct marketing communications to you via e-mail or text message. You have the right to withdraw consent to marketing at any time by contacting us. We do not ship or sell to individuals located in the European Union.
ADDITIONAL OPTING OUT DATA
You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website any checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, or by contacting us with a request at any time. California residents have additional opt out rights, which are explained in the Right to Opt-out of Sale of Personal Information section. Contact us at:
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, or by contacting us with a request at any time. California residents have additional opt out rights, which are explained in the Right to Opt-out of Sale of Personal Information section.
When you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, warranty registration, product or service experience, or other transactions.
You may opt out of the use of interest-based advertising by visiting the following web pages:
This Notice of Right to Opt-Out is part of PFOX's Privacy Notice and includes information about the right of California Consumers to opt-out of the sale of their personal information. The California Notice of Right to Opt-Out applies solely to California residents. We adopt this Notice of Right to Opt-Out in accordance 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 of Right to Opt-Out.
RIGHT TO OPT-OUT THE SELL OF PERSONAL INFORMATION
California residents may exercise the right to opt-out of our selling of your personal information by filling out the Notice of Right to Opt-Out of Sale of Personal Information. California Consumer Privacy Act
When you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of opening an account or product you buy or services you receive, any warranty registration, product or service experience, or other transactions on PFOX.COM.
CHANGE OF PURPOSE
PROMOTIONAL OFFERS FROM US
We may use your identity, contact, technical, usage, and any profile data to form a view on what we think you may want or need or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (known in the industry as marketing).
You will receive marketing communications from us if you have requested information from us, have purchased goods or services from us, or if you provided us with your details when you entered a competition or registered for a promotion, and, in each case, you have not opted out of receiving that marketing.
DISCLOSURE AND SHARING OF YOUR PERSONAL DATA
We may disclose or share your personal data to entities other than PFOX for business purposes. We may have at any time, during the last 12 months, disclosed or shared the categories of personal data listed above.
We may disclose for business purposes during the last 12 months, disclosed the above-listed categories of personal data to the following categories of third parties or service providers:
THIRD PARTY LINKS
This Website may include links to third party Websites, plugins, and any applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party Websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read all privacy information.
THIRD PARTY MARKETING
We will get your express opt-in consent before we share your personal data with any company outside the PFOX group of companies for marketing purposes.
INTERNAL THIRD PARTIES
Other companies in the PFOX group act as joint controllers or processors, provide IT and system administration services, and undertake leadership reporting.
EXTERNAL THIRD PARTIES
Service providers acting as processors based inside or outside the U.S. who provide IT and system administration services. We require all service providers to respect the security of your personal data and to treat it in accordance with the law. We do not allow our service providers to use your personal data for their own purposes, and we only permit them to process your personal data for specified purposes and in accordance with our instructions.
Professional advisers acting as processors or joint controllers, including lawyers, bankers, auditors, and insurers based inside or outside the U.S. who provide consultancy, banking, legal, insurance, and any accounting services.
Regulators and other authorities acting as processors or joint controllers based inside or outside the U.S., who require reporting of processing activities in certain circumstances.
Any other entity when required by law: For example, in response to a court order or subpoena. We may also disclose information in response to requests from law enforcement agencies or other public agencies if we feel that such disclosure may prevent the instigation of a crime.
Third parties to whom we may choose to sell, transfer, or merge parts of our business or assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
Third parties for marketing purposes, including for analytics and the delivery of targeted advertising.
We may also sell your personal data in certain instances, for the business purposes listed above. California residents please see the California Privacy Notice for additional information about how we may sell your personal information and how you may opt out of the sale of your personal information.
We share your personal data within the PFOX group. We store the information we collect—including your personal data—in the United States, so if you are accessing any PFOX Website from another country, your information is being transferred to and from the United States, outside the Country, and PFOX does not ship or sell products to the European Union network of Countries or Brazil.
We ensure that your personal data is protected by requiring all of the PFOX companies to follow the same rules when processing your personal data. These rules are called binding corporate rules. For further details, see European Commission: binding corporate rules as open information; however, PFOX.COM doesn’t ship or sell to the EU. Moreover, sensitive and private data transmitted between you and PFOX.COM happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
We want you to feel confident using the PFOX Websites. However, no system can be completely secure, therefore, although we take steps to secure your information, we do not promise, guarantee, or warrant that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and you should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's Website for information about how to protect yourself against identity theft.
Many of our external third parties are based in the U.S. and/or other countries, so their processing of your personal data may involve a transfer of data outside of the country where you are located.
Whenever we transfer your personal data, we ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented:
When we use providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the U.S. For further details, (European Commission: EU-US Privacy Shield).
We will only retain your personal data for as long as necessary to fulfil the purpose we collected it for, including for the purpose of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means, and the applicable legal requirements.
Retention details for keeping parts of your personal data is outlined above.
By law, we must keep basic information about our customers (including account details, identity, financial, credit card details, and transaction data) for eight years after they cease being customers, for tax purposes.
In some circumstances, you may ask us to delete your data. If we delete your account, your user profile will no longer be visible, and all of the information associated with your account will be permanently deleted. In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes—in which case, we may use this information indefinitely without further notice to you. You may still receive promotional e-mails from us regarding new PFOX products or services and may need to unsubscribe to those services.
PERSONAL DATA PROTECTION
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please access the sections below to find out more about these rights.
If you are a California resident, you have different rights. Please see the below California Privacy Notice to learn about your additional rights.
Request access to your personal data
Request correction of your personal data
Request erasure of your personal data
Object to processing of your personal data
Request restriction of processing your personal data
Request transfer of your personal data
Right to withdraw consent
If you wish to exercise any of the rights set out above, please contact us at: [email protected]
FEES MAY APPLY
You will not have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. A fee may apply if you want information sent by mail. Contact us about those needs and fees. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data or to exercise any of your other rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMITS FOR RESPONDING
We try to respond to all legitimate requests within 45 days. Occasionally, it may take us longer than that to handle your request if they are particularly complex issues or if you have made a number of requests. In this case, we will notify you and keep you updated. If you are a California resident, please see the California Privacy Notice for information about our timing to respond to your requests.
PFOX shares no affiliation with any political party or its views. PFOX ads visible on political Websites are there as a result of remarketing—not a partnership, affiliation, or endorsement.
Remarketing allows PFOX to display ads to people who have PFOX Websites. When people leave any PFOX Website without buying anything, remarketing helps us reconnect with them by showing relevant ads across their different devices and Websites. The ads simply follow the user to the Websites they visit.
Legitimate interest means that we conduct and manage our business to enable us to give you the best services and products, and the most secure experience. We consider and balance any potential impact on you (both positive and negative) and your rights, before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required to, or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect to specific activities by contacting us.
Performance of contract means processing your data where it is necessary for the performance of a contract, to which you are a party, or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance, with a legal or regulatory obligation that we are subject to.
CONSENT FOR ELECTRONIC CONTACT, EMAILS, NEWSLETTERS, RECORDS, COMMUNICATIONS AND TRANSACTIONS DETAILS
You Consent to Contact through Emails, Newsletters, Records, Messages, telephone, text(s), notices, purchases, sales, and/or any other Transactions (the “Consent”). Please review carefully and print, or retain a copy for your records. You and/or any users on PFOX.COM, consent to this notice, which contains information about doing business with us electronically and about certain rights and options you may have. In order to use our Online Services(pfox.com), you agree to receiving electronically and/or to receive certain informational communications electronically. Paper form does not apply to our standard services. If you do not agree to the terms of this consent, you will not be allowed to use certain services. Certain parts of our services, like preferences and changes may or may not apply; however, we reserve the right to include or not include modifications, as we see fit. At no point does PFOX.COM relinquish any of our rights to modify this agreement.
DEFINITIONS: As used in this Consent, the following terms have the following respective meanings:
“Electronic Record” means an email, electronic communication of any sort or digital version of any Communication.
“Online Service” means any electronic product or electronic service we offer that you apply for, obtain, use, administer, or access using the Internet, a website, email, messaging services (including text messaging), or software applications (including mobile applications),whether by or through a personal computer, mobile or hand-held computing device, either now or in the future. The term also includes any non-electronic account or other non-electronic financial product or service we offer that you apply for, obtain, use, administer or access electronically by or through a personal computer, mobile or hand-held computing device, either now or in the future.
“We”, “us”, and “our” mean and refer to, the context that may be required by pfox.com, PFOX or any affiliate of PFOX that provides an Online Service to you.
“You” and “your” mean and refer to the person accepting this Consent and to each and every person who now or hereafter is an account holder, subscriber, user, or owner with respect to, or has any interest in and authority to use, any Online Service.
Grant of Consent; Scope of Consent. With regard to the federal Electronic Signatures in Global and National Commerce Act, you acknowledge and agree that each and every Online Service you obtain or use is a transaction affecting interstate or foreign commerce. You consent and agree:
(i) to do business and to enter into contracts with us electronically and to engage in electronic transactions with us,
(ii) to receive and to provide Electronic Records, and
(iii) to use electronic sounds, symbols, or processes by electronic signature, confirming your intent to be bound, as we direct or require in our discretion, in regards with your use of our Online Service.
You further agree that Electronic Records will be sufficient as “writings” under applicable law or regulation. Your consent to the receipt, provision, use, and exchange of Electronic Records applies not only to the particular transaction with respect to which you are accepting this Consent, but also to all Communications that may be provided or made available during the course of our Online Service relationships with you. At our option, the delivery of Electronic Records may begin immediately upon your acceptance of this Consent and without further action on your part. If, after accepting this Consent, you enroll in, use, or obtain additional Online Services, you agree that this Consent will apply to those Online Services, and you agree that it is not necessary for us to represent or for you to re-accept terms like those within this Consent. If we do present you with such terms in connection with any Online Service in the future, and you do not accept them, you agree that your decision not to accept the terms will not constitute a termination or rejection of this Consent, with respect to any other Online Services.
Use of Paper Communications. Notwithstanding your agreement and consent to exchange information with us electronically, as provided in this Consent, we reserve the right to provide you, and the right to require you to provide us, with a written or paper version of any Communication, in addition to or instead of an Electronic Record of the Communication in our discretion, or as the law may require. If you are required by law or the terms of any agreement with us to provide any notice in writing, you must provide that notice in writing notwithstanding your agreement to exchange information with us electronically as provided in this Consent, unless we specifically advise you in a Communication, that you may provide the notice electronically.
Delivery of Electronic Records. We may deliver Electronic Records to you by posting them at our applicable Online Service website or by transmitting them to the email, mobile telephone number, or other electronic address you have provided to us in connection with the Online Service, or otherwise as provided in the applicable Online Service agreement. If we permit or require you to provide an Electronic Record to us, you agree to follow our instructions for the delivery of such Electronic Record.
Updating Your Email or Other Electronic Address. You must promptly notify us of any change in the email address, mobile telephone number, or other electronic address that you have provided to us for the receipt of Electronic Records in connection with any Online Service. You may advise us of such changes by emailing us at: [email protected] or by following any instructions for changing your contact information that may be provided at our applicable Online Service website, or by contacting: [email protected] and updating one of our customer service representatives. Except to the extent otherwise required by applicable law, you agree that we have no obligation to re-send, re-transmit, or otherwise deliver to you, any Communication or Electronic Record thereof, that we have electronically transmitted to the email address, mobile telephone number, or other electronic address you have provided to us and that has been returned "undeliverable" or otherwise rejected for delivery.
Setting Communication Preferences or unsubscribing to content. Our Online Service allows you to set preferences for communications. Please refer to any preference contact details within applicable guidelines for details about preference. By agreeing to receive some communications, you will be subject to this Consent. Setting a preference for receipt of certain Communications may impact your account at PFOX, or may result in the termination, if such Communication is needed to maintain an active account. Changing preferences for Communications from time to time will not constitute the withdrawal of the consent to receive Electronic Records that you have granted in this Consent. To withdraw the consent to receive Electronic Records that you have granted in this Consent, you must follow the instructions for withdrawal of consent provided within.
Withdrawing Your Consent to Receive Electronic Records; Consequences of Withdrawal of Consent. If you no longer wish to receive any Electronic Records, with respect to an Online Service, you may withdraw your consent to receive Electronic Records with respect to that Online Service at any time. Please be sure to tell us that you wish to withdraw your consent for receiving Newsletters or other Electronic communications, but you may still wish to keep other communication in place. You agree that we will have a reasonable opportunity to fulfill the withdrawal of your consent. Withdrawal of your consent will not affect the legal validity or enforceability of Electronic Records of Communications that we have provided to you before we have fulfilled the withdrawal of your consent. If you withdraw your consent to receive Electronic Records with respect to any Online Service, we may, in our sole and absolute discretion and without limiting any other rights or remedies available to us, do the following: Terminate your use of Online Services without notice to you, except that we will provide such notice as may be required by applicable law, after we have fulfilled the withdrawal of your consent. We may continue to provide the Online Service to you and provide any future Communications to you in writing, and/or exercise any other of our rights provided in the Online Service agreement, or by applicable law. At our option, we may treat your provision of an invalid email address, mobile telephone number, or other electronic address, or the subsequent malfunction of a previously valid email address, mobile telephone number, or other electronic address, as a withdrawal of your consent to receive Electronic Records.
Hardware and Software Requirements. In order to access, review, retain, and/or print Electronic Records you must have: An Internet browser and a computer, operating system, and telecommunications connection to the Internet capable of supporting such Internet browser. If you do not use a supported browser, your experience may not be optimal, you may not be using the latest standards for safe and secure transactions, or you may not be allowed to access the site. We recommend that you use the most current version of browsers, however, we cannot guarantee our communications will arrive to you on any browsers, phones, or any other Electronic communication available.
An email account. Software that enables you to view files in the Portable Document Format (“PDF”), in order to view Electronic Records that are in PDF. For a free copy of Adobe® PDF reader software, please visit www.adobe.com.
Sufficient electronic storage capacity on your computer's hard drive or other data storage unit, in order to download and save Electronic Records.
A printer that is capable of printing from your browser, your email or other applicable software application, or your hard drive or other data storage unit, in order to print paper copies of Electronic Records.
By accepting this Consent you confirm that you have regular access to all applicable hardware and software described in this Consent and that you are and will be able to access, review, retain, and/or print Electronic Records.
YOUR LEGAL RIGHTS
Individuals that are not residents of California have the rights described below. If you are a resident of California, information about your consumer rights can be found under the California Privacy Notice.
You can request access to your personal data, commonly known as a data subject access request.
You can request correction of the personal data that we hold about you.
You can request erasure of your personal data.
You can request the right to ask us to delete or remove your personal data when you have successfully exercised your right to object to processing.
You can request to object to processing on this ground, if you feel it impacts on your fundamental rights and freedoms.
You can request through your rights to object, that we process your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling, legitimate grounds to process your information which overrides your rights and freedoms.
You can request that we transfer your personal data to you or to a third party.
You can request to withdraw consent at any time when we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.