Onyx Graphics, Inc. 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
We and our service providers may collect information when you provide information to us and when information is collected automatically.
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.
In addition to the information you may provide to us, we may collect information about your Onyx Graphics software use. Using your internet connection, Onyx Graphics software dongle, and network bandwidth, data specific to your use of Onyx Graphics software will be collected and transmitted to Onyx Graphics, such as the product name and version, dongle serial number, internet protocol (IP) address used to connect your operating computer to the internet, and the devices with which the Onyx Graphics software interacts.
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.
2.HOW WE USE INFORMATION
We may store, analyze, process and otherwise use the information we collect to:
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:
3.WITH WHOM WE SHARE YOUR INFORMATION
Legal Proceedings. We may also share your personal information:
4.YOUR RIGHTS RELATING TO YOUR PERSONAL INFORMATION
You have the right to tell us:
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 email@example.com or mail us the address provided at the end of this Privacy Notice. 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:
If you wish to exercise one of the above-mentioned rights, please send us your request at the contact email or address set forth at the end of this Privacy Notice. Individuals also have the right to raise concerns or complain about the processing of their personal information with their local data protection authority.
California Privacy Rights. This section applies to California residents only.
Pursuant to California Civil Code Section 1798.83 (Shine the Light law), California residents who provide us with personal information in using the Services are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Onyx Graphics does not share personal information with third parties for those third parties’ direct marketing purposes.
Onyx Graphics is not at this time subject to the California Consumer Privacy Act (CCPA).
California residents under age 18 (“California Minors”) have additional privacy rights under California law. A California Minor has the right to either remove content or information posted by such user, or, if removal of such information by the user himself or herself is not enabled or possible, the user may request and obtain removal of such content or information. To have any content or information provided by a California Minor removed by us, contact us at the contact email or address set forth at the end of this Privacy Notice. This removal does not ensure complete or comprehensive removal of any such content or information posted.
If you are a California resident and you have questions or requests regarding our privacy practices, please send your request using the contact information at the end of this Privacy Notice.
Canada Privacy Rights. This section applies to Canada residents only.
Under various Canadian privacy laws, including the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), we are required to comply with certain principles with respect to your personal information. These principles are:
If you wish to exercise any of your rights or make any requests relating to your personal information or data under the principles outlined above, you may contact our data privacy officer at the contact information set forth below. We may be unable to remove, correct or provide access to personal information to the extent that we are processing it on behalf of a customer, if it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Please note that removal of your personal information may prevent or hinder us from providing further services and information to you.
We may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of personal information. The information provided shall only be used for this purpose.
Your personal information may be transferred outside of Canada for processing and storage. We and our service providers may store personal information on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws and that in some jurisdictions your personal information may be accessed by law enforcement authorities or the courts in such jurisdictions.
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.
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.
9.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 or our use of your personal information, please send an e-mail to: firstname.lastname@example.org or send your inquiry by mail to Onyx Graphics, Inc., Attn: Customer Privacy Services, 6915 South High Tech Drive, Midvale, Utah 84047.
Please include the statement “Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you either at your mailing address or your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.