PhoneX, Inc., Privacy Notice for California Residents

Retention of Personal Information

This section sets out how long we retain your information.  We have set out specific retention periods where possible.  Where that has not been possible, we have set out the criteria we use to determine the retention period. 

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Retention Periods

Correspondence and enquiries: when you make an enquiry, or correspond with us for any reason, whether by email, via mail or by phone, we will retain your information for as long as it takes to respond to and resolve your enquiry, and for one (1) year thereafter, at such time we will delete your information.

 

E-Newsletter: we retain the information you used to sign up for our e-newsletter for as long as you remain subscribed (i.e. you do not unsubscribe) or if we decide to cancel our e-newsletter service, whichever comes earlier.

 

Criteria for determining retention periods:

In any other circumstances, we will retain your information for no longer than necessary, taking into account the following:

• the purpose(s) and use of your information both now and in the future (such as whether it is necessary to continue to store that information in order to continue to perform our obligations under a contract with you or to contact you in the future);

• whether we have any legal obligation to continue to process your information (such as any record-keeping obligations imposed by relevant law or regulation);

• whether we have any legal basis to continue to process your information (such as your consent);

• how valuable your information is (both now and in the future);

• any relevant agreed industry practices on how long the information should be retained;

• the levels of risk, cost and liability involved with us continuing to hold the information;

• how difficult it may be to ensure that the information can be kept up to date and accurate; and

• any relevant surrounding circumstances (such as the nature and status of our relationship with you).

 

Your Rights and Choices

The CCPA and CPRA provide consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA and CPRA rights and explains how to exercise those rights.

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Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months (the “right to know”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete or Correct”), we will disclose to you:

• The categories of personal information we collected about you.

• The categories of sources for the personal information we collected about you.

• Our business or commercial purpose for collecting or selling that personal information.

• The categories of third parties with whom we share that personal information.

• If we sold, shared, or disclosed your personal information for a business purpose, three separate lists disclosing:

  • sales, identifying the personal information categories that each category of recipient purchased;

  • sharing, identifying the personal information categories that each category of recipient shared; and

  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

• The specific pieces of personal information we collected about you (also called a data portability request).

 

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see “Exercising Your Rights to Know or Delete or Correct”), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or contractor(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall, if any, conducted in accordance with federal law, or otherwise perform our contract with you.

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3. Debug products to identify and repair errors that impair existing intended functionality.

4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8. Comply with a legal obligation.

9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

We will delete or de-identify personal information not subject to one of these exceptions from our records and will direct our service providers or contractors to take similar action.

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Right to Correct

In certain circumstances, you have the right to request correction of any inaccurate personal information.  Upon verifying the validity of a verifiable consumer correction request ((see “Exercising Your Rights to Know or Delete or Correct”), we will use commercially reasonable efforts to correct your personal information as directed, taking into account the nature of the personal information and the purposes of maintaining your personal information.  Please contact us at privacy@phonexinc.com to request a correction of any inaccurate personal information that we have collected online from you. 

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Exercising Your Rights to Know or Delete or Correct

To exercise your rights to know or delete or correct described above, please submit a request by either:

• Emailing us at Privacy@phonexinc.com.

• Visiting https://www.phonexinc.com/contact.

 

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete or correct related to your personal information.

While the Corporation does not permit users of the Website to be under the age of 18, you may also make a request to know or delete or correct on behalf of your child by sending an email to privacy@phonexinc.com.

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You may only submit a request to know twice within a 12-month period. Your request to know or delete or correct must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

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We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

 

For instructions on exercising your sale opt-out or opt-in rights, see “Personal Information Sales and Sharing Opt-Out and Opt-In Rights.”

 

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact Privacy@phonexinc.com.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another forty-five (45) days), we will inform you of the reason and extension period in writing.

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If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

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Any disclosures we provide will only cover the twelve (12)-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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Personal Information Sales and Sharing Opt-Out and Opt-In Rights

While the Corporation does not permit users of the Website to be under the age of 18, California law provides that if you are age 16 or older, you have the right to direct us to not sell or share your personal information at any time (the “right to opt-out”). As such, we do not sell or share the personal information of consumers we actually know are less than sixteen (16) years old.  Consumers who opt-in to personal information sales or sharing may opt-out of future sales or shares at any time.

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To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page links.

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Do Not Sell or Share My Personal Information

Limit the Use of My Sensitive Personal Information

 

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales or sharing. However, you may change your mind and opt back in to personal information sales or sharing at any time by re-subscribing.

 

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

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Non-Discrimination

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.

 

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to Privacy@phonexinc.com.

California consumers will also have the right to:

• Correct inaccurate personal information.

• Opt-out of sharing personal information for cross-context behavioral advertising purposes.

• Restrict sensitive personal information use and disclosure.

 

Changes to Our Privacy Notice

We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

 

Website: https://www.phonexinc.com/contact

 

Email: Privacy@phonexinc.com

 

Postal Address:

PhoneX, Inc.

1422 S. Tryon Street

Suite 02-123
Charlotte, NC 28203

Attn: Privacy Department

 

If you need to access this Policy in an alternative format due to having a disability, please contact Privacy@phonexinc.com.

 

Policy ID: PX-003

Issue Date: 02/22/23

Rev: 1.1

Rev Date: 01/30/24