Privacy Policy

Privacy Notice

Onyx Graphics, Inc. (Onyx Graphics) is committed to protecting your privacy. This Privacy Notice describes the information we collect from you through the Onyx Graphics services, whether accessed via our website by means of computer, mobile device or other technology, or offline via your interaction with Onyx Graphics  agents or employees (collectively “Services”), and how that information will be used.

Please read this Privacy Notice carefully, because by using the Services, you acknowledge and agree (on your own behalf and on behalf of any third party whose details you supply) to the terms of this Privacy Notice, and consent to the manner in which we may collect, use and disclose the foregoing information.

The references to information “relating to you” or “about you” include references to information about your employees, representatives, agents, or other relevant parties whose details you have provided to us.

Changes to this Privacy Notice: We may update this Privacy Notice from time to time to take account of changing requirements, and we request that you refer back to this Privacy Notice frequently to review any revisions. If at any time we decide to use personal information in a manner significantly different to that stated in this Privacy Notice, or otherwise disclosed to you at the time it was collected, we will provide you with prominent notice of the change. We will not engage in any processing operations that might put your personal information at risk, and we will request your explicit consent to such operations where necessary.

In the case of your own personal information or data that you provide directly to Onyx Graphics, Onyx Graphics is the data “controller” of your personal information, that is, the entity that determines the purposes and means of the processing of the personal information about you, or, in other words, the uses for which Onyx Graphics processes your personal information and the manner in which it is done. Onyx Graphics also licenses its software to business customers who may provide the personal information of their employees and others to Onyx Graphics. In such cases, our customers act as the data controllers in the collection and processing of personal information in connection with their licensing and use of Onyx Graphics software, and Onyx Graphics’ role is that of the data “processor,” since we are processing data on behalf of the controller (who is the customer).

  1. THE INFORMATION WE COLLECT
  2. HOW WE USE INFORMATION
  3. WITH WHOM WE SHARE YOUR INFORMATION
  4. YOUR CHOICES ABOUT THE COLLECTION AND USE OF YOUR INFORMATION
  5. RETENTION OF PERSONAL INFORMATION
  6. THIRD-PARTY WEB SITES; DO NOT TRACK
  7. OUR COMMITMENT TO CHILDREN’S PRIVACY
  8. CALIFORNIA PRIVACY RIGHTS
  9. INFORMATION SECURITY
  10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION
  11. HOW TO CONTACT US

We and our service providers may collect information when you provide information to us and when information is collected automatically.

Personal Information
You may choose to give us personally identifiable information to allow us to communicate with you, process your orders, or provide you with services. We may ask for a small amount of relevant information, such as personal and business contact information, including name, address, phone number, and e-mail. Some forms may ask for a product key number. If you make a purchase or order a service, we may ask for your credit card number and billing information. Job applicants may be requested to provide information such as educational background, employment experience, and job interest.

Usage Information
In addition to the information you may provide to us, we may collect information when you access or use the Services through the use of data collection technologies, including web beacons, cookies, and embedded web links. These technologies collect certain traffic information that your browser sends to a web site, such as your browser type and language, access times, and the address of the web site from which you arrived. They may also collect information about your Internet Protocol (IP) address, unique device identifier, location information, clickstream behavior (i.e., the pages you view, the links you click, and other actions you take in connection with the Services) and product information. ONYX  may also use some of these technologies in connection with e-mails and communications sent from ONYX  and therefore may collect information using these tools when you open the e-mail or click on a link contained in the e-mail.

Below is some additional detail on how we use cookies and other technologies:

1.THE INFORMATION WE COLLECT

We and our service providers may collect information when you provide information to us and when information is collected automatically.

Personal Information and Data Collected. The types of personal information and data we collect and process include contact information, employment information, work tasks and scheduling information, Software use and service information, market and use information, internet use information, payment information, and regulatory information (to satisfy regulatory obligations such as tax). We process the personal data of customers, customer representatives, customer employees, customer administrators, potential customers, and contacts of third-party service providers to operate our Software, services and website.

Onyx Graphics and its affiliates may collect and use information about your use of our software products and the devices with which the software interacts, for improvement of Onyx Graphics products. Using your internet connection and network bandwidth, the Software collects and transmits data specific to your software, such as the product name and version, dongle serial number and internet protocol (IP) address used to connect your Operating Computer to the internet.

You may choose to give us personally identifiable information to allow us to communicate with you, process your orders, or provide you with services. We may ask for a small amount of relevant information, such as personal and business contact information, including name, address, phone number, and e-mail. Some forms may ask for a product key number. If you make a purchase or order a service, we may ask for your credit card number and billing information. Job applicants may be requested to provide information such as educational background, employment experience, and job interest. Other personal information requested and processed by us may include work tasks and scheduling information, market and use information, internet use information, and regulatory information (to satisfy regulatory obligations such as tax).

Onyx Graphics business customers may also provide us with your personal information if you are employed or engaged by the customer, in connection with our providing of software or services to the business customer.

The legal basis for our processing of your personal information is either the necessity to perform contractual and other obligations that we have towards you or the customer who provided us with your information, or carrying out our legitimate activities as a provider of software and services.

Onyx Graphics may collect job printing records (including file details, ink consumption, station and printer names, and associated metadata (such as job name, order number, and date) and device-specific data (including your hardware model, operating system and version, printer, unique device identifiers, ink usage, media usage, copies, and printer status).  Onyx Graphics may associate your device identifiers with your copy of the Onyx Graphics software and product-specific data.

Additionally, we may collect information when you access or use the Services through the use of data collection technologies, including web beacons, cookies, and embedded web links. These technologies collect certain traffic information that your browser sends to a web site, such as your browser type and language, access times, and the address of the web site from which you arrived. They may also collect information about your Internet Protocol (IP) address, unique device identifier, location information, clickstream behavior (i.e., the pages you view, the links you click, and other actions you take in connection with the Services) and product information. Onyx Graphics may also use some of these technologies in connection with e-mails and communications sent from Onyx Graphics and therefore may collect information using these tools when you open the e-mail or click on a link contained in the e-mail.

Below is some additional detail on how we use cookies and other technologies:

  • Device Identifier. We automatically collect an IP address or other unique identifier (“Device Identifier”) for the computer, mobile phone, tablet or other device (“Device”) you use to access the Services. A Device Identifier is a number that is assigned to your Device when you access a website or its servers. We may use a Device Identifier to, among other things, administer the Services, help diagnose problems with our servers.
  • Cookies are data files placed on a Device when it is used to visit the Services (“Cookies”). We may use Cookies to collect and store certain information about you, for security purposes, to facilitate the registration process, to facilitate site navigation and to personalize your experience. We use the Google analytics cookie to analyze the use of the Services.
    If you would prefer not to accept Cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a Cookie, which lets you choose whether or not to accept it; (ii) disable existing Cookies; or (iii) set your browser to automatically reject any Cookies. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser.
    Please be aware that if you disable or reject Cookies, some features and services on the Services may not work properly
  • Collection by Third-Parties. We may allow third-parties, including our authorized service providers, to use tracking technologies, such as cookies and web beacons, to collect non-personal information about your visits to the Services. This information generally enables them to track and gauge the effectiveness of our Services.

2.HOW WE USE INFORMATION

We may store, analyze, process and otherwise use the information we collect to:

  • Respond to your questions and fulfill your requests;
  • Communicate with you about products and services offered by Onyx Graphics;
  • Performing services related to Onyx Graphics software, including licensing and operation of the software, training, webinars, communication, customer service, system monitoring and data security;
  • Provide you with information about other Onyx Graphics products and promotions that may be of interest to you, subject to the requirements of applicable law with respect to marketing communications;
  • Perform research and analysis about usage and potential interest in Onyx Graphics;
  • Enforce this Privacy Notice;
  • Support the technical functionality of the Services and analyze your use of the Services;
  • Improve Onyx Graphics products and services;
  • Fulfill our business purposes, including processing sales leads, invoicing, payments, tradeshows, quotes, submitted forms, trials, consultations, demonstrations, response to inquiries, seminars, web analytics, other marketing, business operations and administration, audits, data analysis, system troubleshooting, research, and complying with tax and other regulatory requirements; and
  • As otherwise stated in this Privacy Notice.

The legal basis will depend on which of the above purposes for which we have collected and use your personal information. In almost every case the legal basis will be one of the following:

  • The legitimate business interests of Onyx Graphics: where it is necessary for Onyx Graphics to understand our customers, promote our software and Services and operate effectively as a service provider and manufacturer of printer software.
  • Performance of a contract with your business: where you or your employer has ordered or requested products or Services from us and we need to use your contact details in order to process such order and deliver the products or Services.
  • Compliance with law: where Onyx Graphics is subject to a legal obligation and needs to use your personal information in order to comply with that obligation.
  • Consent: for example, where you or your employer have provided personal information to Onyx Graphics voluntarily. You can withdraw your consent at any time by notifying Onyx Graphics at the contact email or address set forth below.

3.WITH WHOM WE SHARE YOUR INFORMATION

Third Parties Providing Services on our Behalf. We may work with service providers and suppliers to manage or support the Services. These providers include, for example, credit card processors, providers of customer support, marketing and communications, hosting and IT service providers, e-mail service providers, automated data processors, data analytics providers, website management, lead generation vendors, and support services. We may share your information with these companies to enable them to provide you with services on our behalf. Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your browsing on the Services and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours. Your Personal Information may also be used by us or shared with our sponsors, providers, partners, advertisers or other third parties in connection with marketing, promotional, and other offers, and for such third party’s analytics and market research. Onyx Graphics will only provide those third parties with information that is necessary for them to perform the services and who have agreed to take measures to protect this information that are at least as stringent as the measures that we take ourselves.

Legal Proceedings. We may also share your personal information:

  • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
  • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce other agreements or policies.
  • In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

4.YOUR CHOICES ABOUT THE COLLECTION AND USE OF YOUR INFORMATION

You have the right to tell us:

  • To provide you with a copy of the personal information we have about you;
  • To correct or update your personal information;
  • Not to contact you in the future;
  • To delete your personal information;
  • Not to share your personal information with third parties; and
  • Not to use your personal information to provide you with information or offers, or not to send you e-mails or other communications.

If you wish to exercise any of these rights, have a question for us, or would like more information concerning your choices about the collection and use of your information, please e-mail your request to privacy@onyxgfx.com. Additionally, you have the right to object to your personal information being used for certain purposes, including to send you marketing materials. We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request.

Individuals in the European Economic Area (EEA) have certain data subject rights, which may be subject to limitations and/or restrictions. In addition to the above rights, these rights include the right to:

  • request access to and rectification or erasure of their personal information;
  • obtain restriction of processing or to object to processing of their personal information; and
  • ask for a copy of their personal information to be provided to them, or a third party, in a digital format.

If you wish to exercise one of the above-mentioned rights, please send us your request to the contact details set out below. Individuals also have the right to raise concerns or complain about the processing of their personal information with their local data protection authority.

5. RETENTION OF PERSONAL INFORMATION

We are under no obligation to store your personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and in accordance with any retention periods required by applicable laws and regulations, including with respect to tax records and transaction history. Where we no longer have a need to keep your personal information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your communication information to ensure we do not market to you in future.

6.THIRD-PARTY WEB SITES; INTEREST BASED MARKETING; DO NOT TRACK

Links. While you are using the Services, you may have an opportunity to click on a link to access other web sites that do not operate under this Privacy Notice. For example, if you click on an advertisement or a third-party logo on the Services, you may be taken to a web site that we do not control. These third-party web sites may independently solicit and collect information, including personal information, from you. We recommend that you consult the privacy policies and notices of all third-party web sites you visit by clicking on the “privacy” link typically located at the bottom of the web page you are visiting.

Do Not Track. Settings within your browser may permit you to block cookies or other technology that enable websites to collect information that can be used to tailor advertisements to your interest. Please check your browser’s settings or consult your browser’s help information for more details.

7.OUR COMMITMENT TO THE PRIVACY OF MINORS

Protecting the privacy of minors is important to Onyx Graphics. Onyx Graphics’ services are only available to those who are the age of majority in the jurisdiction in which they reside. Access and use of our Services by anyone under the age of majority is only permitted with the express permission of a parent or legal guardian. You agree that you will not submit the personal data of minors to Onyx Graphics or input it in our software.

8.CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 gives California residents the right to request, from a business with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third-parties for direct marketing purposes by such third-party, and the identities of the third-parties with whom the business has shared such information during the immediately preceding year. To request a copy of the information disclosure provided by Onyx Graphics, Inc. pursuant to California Civil Code Section 1798.83, please contact us at the address listed below.

9.INFORMATION SECURITY

When you submit information to us or through our Services, you should be aware that your information is transmitted across multiple computer systems on the Internet. Although we take steps to protect your information, data security technologies constantly are evolving. Because no method of transmitting or storing electronic data on the Internet is ever completely secure, we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Notice.

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Onyx Graphics shall, in relation to personal information, implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk. Measures have been implemented to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal information transmitted, stored or otherwise processed, including:

(1)  Web and database servers are protected using firewalls;

(2)  User access is tracked;

(3)  Role-based security is applied to system access;

(4)  Use of data encryption;

(5)  Vendor-supplied patches are reviewed and tested for compatibility before installation;

(6)  Regular system backups are made;

(7)  Regular maintenance is performed on systems;

(8)  Data requiring a higher level of protection, such as payment card account numbers, are processed via a third-party vendor that specializes in the payment processing; and

(9)  All Onyx Graphics employees are contractually obligated to maintain the confidentiality of personal information accessible through their employment.

Onyx Graphics uses resellers and service providers based around the world. Consequently, your personal information may be processed in countries outside of the country where you live, including if you live in Europe, and such countries may include some where you may have fewer legal rights in respect of your personal information than you do under local law. If we transfer personal information from persons within the European Economic Area to a country that provides a lower standard of legal protection for personal information, we will ensure that your privacy rights are protected by appropriate safeguards. Please contact us if you would like more information about these safeguards.

10.CONSENT TO PROCESSING AND TRANSFER OF INFORMATION

The Services are governed by and operated in, and in accordance with the laws of, the United States. We make no representation that the Services are governed by or operated in accordance with the laws of any other nation. However, Onyx Graphics will always comply with the laws and regulations of other countries, states and jurisdictions to the extent applicable to Onyx Graphics or to the personal information controlled or processed by Onyx Graphics, even if they conflict with certain terms of this Privacy Notice. The requirements of applicable laws and regulations will prevail over the terms in this Privacy Notice, and we will adjust our internal policies and practices where necessary to comply with such laws and regulations.

If you are located in the European Union, Latin America, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Services, or providing us with any information, you (a) acknowledge that the Services are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws. If you do not agree with these terms, please cease using the Services.

11.HOW TO CONTACT US

Should you have questions or concerns about this Privacy Notice, please send an e-mail to: privacy@onyxgfx.com or send your inquiry by mail to Onyx Graphics, Inc., Attn: Customer Privacy Services, 6915 South High Tech Drive, Midvale, Utah 84047.