Privacy Policy

Effective Date: Mars 17, 2024

Introduction

This Privacy Policy describes how ubiXP SRL, its affiliates and wholly owned subsidiaries (collectively, “ubiXP”) collects, uses and shares information about you through ubiXP websites or mobile apps operated by us from which you are accessing this Privacy Policy (“ubiXP websites”), through ubiXP’s social media pages (“Social Media Pages”) as well as through email messages, and text messages that ubiXP may send to you that link to this Privacy Policy (collectively, including ubiXP websites and Social Media Pages, the “Services”).

This Privacy Policy does not apply to ubiXP’s data collection activities offline or otherwise outside of the Services (except as described in Section 14 or unless otherwise stated below or at the time of collection). By using the Services, you agree to ubiXP’s Terms and Conditions. By consenting to and/or acknowledging this Privacy Policy, you consent to and/or acknowledge ubiXP’s collection, use and disclosure practices, and other activities described in this Privacy Policy. If you do not agree and/or do not consent, discontinue use of the Services, and uninstall Service downloads and applications.

“Personal Information” is information, is Privacy Policy shall (unless the context otherwise requires) shall be deemed to include reference to “sensitive personal information” as such term is defined by applicable law, which may include but is not limited to:

•  Name;
•  E-mail address;
•  Postal Address (including billing and shipping address);
•  Geolocation information;
•  Telephone number;
•  Fax number;
•  Bank information and credit references (if applicable);
•  ubiXP Account Number; and
•  Credit or debit card number

1.  CHANGES TO THIS PRIVACY POLICY
ubiXP reserves the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Subject to applicable law, your continued use of ubiXP’s Services may indicate your consent and/or acknowledgment to the privacy policy posted. If the changes are material, ubiXP may provide additional notice to your e-mail address where applicable. Where required to do so by applicable law, ubiXP will obtain your consent to such changes.

 2.  HOW ubiXP COLLECTS INFORMATION
A.  Information You Give Us
ubiXP may (with your consent, where required by applicable law) collect Personal Information you provide directly to ubiXP via the Services. For example, Personal Information may be collected when you use or register for ubiXP’s Services, subscribe to ubiXP’s notifications, post on ubiXP’s Services, participate in promotional activities, apply for a job, communicate with ubiXP through the Services, or use an app installed on a device. You may choose to voluntarily submit certain other information to us through the Services, including Personal Information, but you are solely responsible for your own Personal Information in instances where ubiXP has not collected such information or requested that you submit such information to us. De-Identified Data or Personal Information once “de-identified” may not be subject to this Privacy Policy and ubiXP and ubiXP’s Service Providers (defined below) may treat it as non-Personal Information and use it without obligation to you except as prohibited by applicable law.
B.  Information ubiXP Collects Automatically from Your Use of ubiXP’s Services
and ubiXP’s Service Providers collect information about the Services that you use and how you use them. ubiXP does this with your consent where required by applicable law. Certain information is collected automatically through your device, such as your: IP address; device identifier, Ad ID, browser type; operating system characteristics; information about your use of ubiXP’s Services; and data regarding network connected hardware (e.g., computer or mobile device) (“Usage Information”). To the extent that Usage Information is Personal Information under applicable law or is combined with Personal Information, ubiXP will treat that information as Personal Information under this Privacy Policy.

•  The methods that ubiXP and ubiXP’s Service Providers may use to collect Usage Information include :
•  Log Information: ubiXP collects information about your use of ubiXP’s Services, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, cookies that may uniquely identify your browser or your account, and related data, and store it in log files.
•  Information Collected by Cookies and Other Tracking Technologies: ubiXP and ubiXP’s Service Providers may use cookies or other tracking technologies (“Tracking Technologies”) to collect and store information about interactions with  ubiXP’s Services, including information about your browsing and purchasing behavior. Further information about how ubiXP uses cookies is set out in ubiXP’s Cookie Policy.

ubiXP is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 13 so that your consent and/or acknowledgment to encountering them is meaningfully informed.
C.  Personal Information Collected from Other Sources
ubiXP may (with your consent, where required by applicable law) receive your Personal Information from other sources, such as public databases, joint marketing partners, and social media platforms, and combine that with information ubiXP collects about you. To the extent ubiXP combines such third-party sourced information with Personal Information ubiXP collects directly from you, ubiXP will treat the combined information as Personal Information. Subject to applicable law, ubiXP is not responsible for the accuracy of the information obtained from third parties or third-party practices.

3.  HOW ubiXP USES PERSONAL INFORMATION ubiXP COLLECTS
A.  To provide, maintain, protect and improve ubiXP’s Services, develop new services, and protect ubiXP and ubiXP’s users;
B.  To facilitate, manage, personalize, and improve your online experience;
C.  To respond to your inquiries and fulfill your requests, such as to send you newsletters, brochures, catalogs, virtual event invitations, and e-mails;
D.  For ubiXP’s business purposes, such as data analysis, audits, fraud monitoring and prevention, enhancing, improving, or modifying ubiXP’s Services, identifying usage trends, and operating and expanding ubiXP’s business activities; and
E.  To send you advertisements and communicate with you about products, services, offers, promotions, rewards, and events ubiXP believes may be of interest to you (for information about how to manage these communications, see Section 13).

F.  To contact you regarding your job application status including sending application instructions and/or interview scheduling options, if you have voluntarily applied for an employment position at ubiXP.

G.  To send you employment recruiting information where you have affirmatively demonstrated an interest in employment with ubiXP.

Where required by applicable law, ubiXP will obtain your additional or separate consent if ubiXP processes your Personal Information for purposes other than those stipulated in this Privacy Policy.

Marketing Purposes
If you are a user from the United States, ubiXP may use your Personal Information for direct marketing purposes. If you are a user from outside the U.S., ubiXP will not use your Personal Information for direct marketing purposes unless ubiXP has received your affirmative consent where required by application law. All users, regardless of geographic location, have the right to opt-out from direct marketing and can require ubiXP to cease using the data at any time for direct marketing purpose at no cost to you.

4.  HOW ubiXP SHARES INFORMATION
With your consent (where required by applicable law), ubiXP’s agents, vendors, consultants, marketing service providers, and other service providers (collectively “Service Providers”) may receive, or be given access to your information, including Personal Information and Usage Information, in connection with their work on ubiXP’s behalf. These Service Providers may be located in countries other than your country of residence. These Service Providers are prohibited from using your Personal Information for any purpose other than to provide this assistance on ubiXP’s behalf, although ubiXP may permit them to use de-identified data or aggregated information, which does not personally identify you or any other user of the Services (for example, ubiXP may aggregate Personal Information to calculate the percentage of ubiXP’susers who have a particular telephone area code). ubiXP may also (with your consent, where required by applicable law) share information about you as follows:
A.  As necessary, for the following purposes: (a) to comply with legal process; (b) to respond to requests from public and government authorities, including public and government authorities outside your country of residence to meet national security or law enforcement requirements; (c) to enforce ubiXP’s terms and conditions; (d) to protect ubiXP’s operations and protect ubiXP’s rights, privacy, safety or property, and/or that of you or others; and (e) to allow ubiXP to pursue available remedies or limit the damages that ubiXP may sustain;
B.  With ubiXP’s affiliates for internal business purposes. For example, processing your orders, fulfilling your requests, providing customer service, and improving ubiXP’s products and services to better serve you;
C.  With ubiXP’s subsidiaries, affiliates, business partners, and other third parties for their own business purposes. For example, improving their products and services; and
D.  To a third party in connection with or during negotiations of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of ubiXP’s business, assets or stock (including in connection with any bankruptcy or similar proceedings).

When ubiXP engages Service Providers and when disclosure of Personal Information to such providers is necessary for the provision of such service, ubiXP ensures that such providers will protect Personal Information in a manner consistent with this Privacy Policy and all applicable data privacy laws.

Aggregated Information
Without limiting the forgoing, in ubiXP’s sole discretion, ubiXP may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.

Sharing for Marketing Purposes
If you are a user from the U.S., ubiXP  may share your Personal Information with third parties for direct marketing purposes. California residents have further rights, as set out in Section 15. If you are a user from outside the U.S., ubiXP will not share your Personal Information with third parties for direct marketing purposes unless ubiXP have received your affirmative consent. All users have the right to opt-out from direct marketing and can require ubiXP to cease to use the data at any time for direct marketing purpose at no cost to you.

5.  HOW ubiXP RETAINS YOUR INFORMATION

ubiXP retains your information for as long as necessary to fulfil the purposes for which the information was collected or pursuant to applicable laws and regulations, court or administrative proceedings, and audit requirements.

For information regarding requests to access and/or change your information, including requests for deletion, please refer to Section 18.

6.  ubiXP SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Where allowable under applicable law, ubiXP may offer sweepstakes, contests and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering a Promotion, you are agreeing to the official rules that govern the particular Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

7.  INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS
The Services may permit you to post or submit written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information (collectively, “User Content”). If you choose to submit User Content to any public area of ubiXP’s Services, your User Content will be considered “public” and will be accessible by anyone, including ubiXP , will not subject to this Privacy Policy and may be used to the fullest extent permitted by applicable law. ubiXP encourages you to exercise caution when making decisions about what you disclose in such public areas. Individuals aged 13 years old or younger and located in California should see Section 11 regarding potential removal of certain posted content.

8.  THIRD-PARTY SERVICES AND SOCIAL FEATURES
ubiXP’s Services may include hyperlinks to ubiXP websites, locations, platforms, or services operated by third parties ("Third-Party Service(s)"). These Third-Party Services may use their own cookies, ubiXP web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you. Certain functionalities on the Services permit interactions that you initiate between the Services and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include “liking” or “sharing” ubiXP’s content and otherwise connecting ubiXP’s Services to a Third-Party Service. If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on ubiXP’s Services or by the Third-Party Service that you use. Similarly, if you post information on a Third-Party Service that references ubiXP’s Services (for example, by using a hashtag associated with ubiXP in a tweet or status update), your post may be used on or in connection with ubiXP’s Services. Also, both ubiXP and the third-party may have access to certain information about you and your use of ubiXP’s Services and the Third-Party Service. To the extent ubiXP combines information from Third-Party Services with Personal Information ubiXP collects directly from you on the Services, ubiXP will treat the combined information as Personal Information under this Privacy Policy.

Third-Party Responsibility
The information collected and stored by third parties remains subject to their privacy practices, including whether they continue to share information with ubiXP, the types of information shared, and your choices on what is visible to others on Third-Party Services. ubiXP is not responsible for the collection, usage, and disclosure policies and practices (including the data security practices) of any other organization, including any Personal Information you disclose to other organizations through or in connection with ubiXP’s Social Media Pages. ubiXP makes no representations regarding the policies or business practices of any third parties or Third-Party Services and encourages you to familiarize yourself with and consult their privacy policies and terms of use.

9.  ADVERTISING, ANALYTICS SERVICES, AND ONLINE TRACKING
ubiXP ​ may use third-party advertising companies to serve advertisements on ubiXP’s behalf on the Services and/or on Third-Party Services and to provide analytics services about the use of ubiXP’s Services and the performance of ubiXP’s ads and content on Third-Party Services. In addition, ubiXP may participate in online advertising networks and exchanges that display relevant advertisements to ubiXP’s Service visitors, on ubiXP’s Services and on Third-Party Services and off ubiXP’s Services, based on your interests as reflected in your browsing of the Services and certain Third-Party Services. These entities may use cookies and other Tracking Technologies to automatically collect information about you and your activities, such as registering a unique identifier for your device and tying it to your online activities on and off ubiXP’s Services. ubiXP may use this information to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Services and Third-Party Services, and better understand your online activity.

Online Behavioral Advertising
Some information about your browsing of the Services and certain Third-Party Services may be collected across time and services and shared with third parties to deliver ads and/or other content to you on the Services and certain Third-Party Services. ubiXP may receive information about Third-Party Services that you have visited and use it for marketing purposes—a practice sometimes termed “(re)-targeting,” “interest-based advertising,” and “online behavioral advertising.”

Do Not Track
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, ubiXP  currently does not alter ubiXP’s practices when ubiXP receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.

10.  DATA SECURITY
ubiXP seeks to use reasonable technical and organizational security measures to help protect your Personal Information from loss, theft, misuse and unauthorized access, disclosure, alteration, or destruction. In addition, ubiXP will not keep your Personal Information for longer than necessary for the purposes set out in this Privacy Policy. Unfortunately, no data transmission or storage system is completely secure, and ubiXP cannot guarantee the security of your information collected through ubiXP’s Services. Your Personal Information is stored on servers in the Europeqn union and is maintained with the assistance of a third-party data storage provider.

11.  INTERNATIONAL TRANSFERS
Personal Information of European residents will only be transferred to the United States in accordance with an approved transfer mechanism, including the EU-US Data Privacy Framework.

12.  EU-US DATA PRIVACY FRAMEWORK
ubiXP complies with the EU-US Data Privacy Framework (“EU-US DPF”) and the UK Extension to the EU-US DPF, as set forth by the U.S. Department of Commerce.  If there is any conflict between the terms in this Privacy Policy and the EU-US DPF Principles, the Principles shall govern. The Belgium courts have jurisdiction over ubiXP’s compliance with the EU-US DPF.

To learn more about the EU-US DPF, please visit https://www.dataprivacyframework.gov/.

ubiXP is based in the European Union and the information ubiXP collects from the U.S. is governed by Belgium law. If you are accessing the Services from outside of the U.S., please beware that information collected through the Services may be transferred to, processed, stored and used in Belgium. Your Personal Information may also be transferred to, processed, stored and used in other jurisdictions wherein ubiXP has subsidiaries, affiliates, and Service Providers. Data protection laws in these jurisdictions may be different from those of your country of residence. When ubiXP shares your Personal Information with third parties in other jurisdictions, ubiXP will put in place appropriate measures to require them (where required by applicable law) to protect your Personal Information in a manner comparable to the level of security and privacy protection under and in accordance with the relevant data privacy laws (including where applicable the standard contractual clauses approved for use by the European Union and Mainland China).

13.  CHILDREN’S PRIVACY
ubiXP’s Services are not intended for children and are not targeted to children under the age of thirteen (13). If you are a child under the age of thirteen (13), you are not permitted to use the Services and should not send us any information about yourself.

COPPA
ubiXP does not knowingly collect any Personal Information from children under the age of 13 and, if ubiXP learns that ubiXP has received information from a user under the age of 13, ubiXP will delete this information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and you believe that your child under the age of 13 has provided us with Personal Information without COPPA-required consent, please contact us at contact@ubixp.com.

14.  ACCESSING AND CHANGING INFORMATION
If you have an access request, please contact ubiXP per the instructions set forth in Section 18.

Access Rights
Users from the European Union, Mainland China, Singapore, Hong Kong SAR, Japan, New Zealand, Mexico, Brazil, and Australia may subject to applicable laws have a right to access their Personal Information, request corrections and/or deletions, and oppose the use of their Personal Information for specific purposes, subject to exceptions allowed by law. Such users may subject to applicable laws also be entitled to request information on the origin of their Personal Information, the recipients or types of recipients to whom their Personal Information is provided, the reason for which their Personal Information is being stored, and the ways in which their Personal Information has been or may have been used or disclosed by ubiXP within a year before the date of the request. You may also have rights under applicable data protection laws to withdraw your consent to processing of your Personal Information and to de-register your account.

 Changes and Deletions
ubiXP will make good faith efforts to effectuate requested changes in ubiXP’s then-active databases as soon as practicable (but may retain prior information for records to the extent not prohibited by applicable law). Please note, it is not always possible to completely remove or delete all of your information or public postings from ubiXP’s databases (California minors see Section 12) and that residual data may remain on backup media or for other reasons where permitted by applicable law. ubiXP also may retain cached or archived copies of information about you for a certain period of time where permitted by applicable law. Subject to applicable law, individuals may, to the extent permitted by applicable law, also exercise the right to be forgotten by following instructions set forth in Section 18.

15.  CHOICES: TRACKING AND COMMUNICATIONS OPTIONS
Please refer to ubiXP’s Cookie Policy here.

A.  Tracking Technologies Generally
Regular cookies may generally be disabled or removed by tools available on most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Please be aware that if you disable or remove cookies, some aspects of ubiXP’s Services may not work and that when you revisit ubiXP’s Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. With respect to ubiXP’s mobile applications, you can stop all collection of information by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling location identifying services, by adjusting the permissions in your mobile device.

B.  Analytics and Interest-Based Advertising
Certain companies may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based ads that links to an opt-out tool which allows you to exercise certain choices regarding targeted advertising. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile applications at https://youradchoices.com/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). NAI has developed a tool that allows consumers to opt-out of certain targeted advertising delivered by NAI members' ad networks. To learn more about opting out of targeted advertising or to use the NAI tool, visit https://optout.networkadvertising.org/. Please beware, even if you are able to opt-out of certain kinds of targeted advertising, you will continue to receive non-targeted ads. ubiXP is not responsible for effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs. However, ubiXP supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf). and expects that ad networks ubiXP directly engages to serve you interest-based ads will do so as well, though ubiXP cannot guarantee their compliance.

C.  Communications
You may opt-out of receiving promotional communications (e-mails or text messages) from ubiXP at any time by: (i) for promotional e-mails, following the instructions as provided in e-mails to click on the unsubscribe link or changing your communication preferences by logging into your account; and (ii) for text messages, following the instructions as provided in text messages to text the word, “STOP.” Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscriptions may continue. Even if you opt-out of receiving promotional communications, ubiXP may, subject to applicable law and with your consent (where required by applicable law) continue to send you non-promotional communications, such as those about your account, transactions, servicing, or ubiXP’s ongoing business relations.

D.  Mobile Applications
ubiXP’s mobile applications may send you notifications that include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services, and offers that may be of interest to you. These can be configured in Settings. As with e-mails, even if you opt-out of receiving promotional communications, ubiXP may with your consent (where required by applicable law) continue to send you non-promotional push notifications, such as those regarding your use of the applications or ubiXP’s ongoing business relations.

16.  CALIFORNIA PRIVACY RIGHTS

Scope:

This Section 15 only applies to the Personal Information of residents of California, USA in their capacity as consumers (“California Consumer(s)”).

“California Consumer” does not include individuals in their capacity as human resources, (e.g., ubiXP’s employees, job applicants, directors, and contract workers) (collectively, “HR individuals”), or individuals in their capacity as emergency contacts, dependents, or beneficiaries of HR individuals. California Consumer also does not include individuals in their capacity as employees or other agents of a business engaged in a transaction with ubiXP.

This Section 15 applies to all Personal Information of California consumers collected, disclosed for business purposes, or sold by ubiXP both online and offline.

A.  How ubiXP Collects the Personal Information of California Consumers

B.  How ubiXP Share the Personal Information of California consumers

Disclosure of Personal Information for a Business Purpose or a Commercial Purpose: ubiXP discloses all the categories of Personal Information in the table above for a business purpose or a commercial purpose.

Sale of Personal Information: In the last 12 months, ubiXP has NOT sold California Consumers’ Personal Information, and ubiXP will not sell California Consumers’ Personal Information, including the Personal Information of minors under 16 years of age.

C.  Your California Privacy Rights and How to Exercise Them

• Your California Privacy Rights
•  Right to Know: California Consumers have the right to submit a verifiable request to know what Personal Information ubiXP collect, use, disclose, and sell.
•  Right to Delete: California Consumers have the right to submit a verifiable request for deletion of their Personal Information that ubiXP have collected or maintain.
•  Right to Opt Out of Sale: California Consumers have the right to opt out of the sale of their Personal Information. California Consumers under the age of 16 must opt into the sale of their Personal Information, or their parent or guardian must opt in on their behalf. As noted above, ubiXP did not sell California Consumers’ Personal Information during the past 12 months and will not do so.
  
  
•  How to Exercise Your Rights

ubiXP will respond to requests in accordance with applicable law if ubiXP can verify the identity of the individual submitting the request. California consumers can exercise their rights to know and to delete in the following ways:

•   Via the instructions set forth in Section 18.
  
  
•  How ubiXP Will Verify Your Request:

The processes that ubiXP follows to verify your identity when you make a request to know or delete Personal Information are described below. The relevant process depends on how and why the request is submitted and requests through a password protected account may not be available in all circumstances.

•  Requests Through Your Password-Protected Account:

If you created a password-protected account with us before the date of your request, ubiXP will rely on the fact that your request has been submitted through your account as verification of your identity. ubiXP  will require that you re-authenticate yourself before ubiXP discloses your Personal Information in response to a request to know and before ubiXP deletes your Personal Information in response to a request to delete.

You are responsible for protecting the security of your login credentials for your account. Please do not share your login credentials with anyone. If ubiXP suspects fraudulent or malicious activity on or from your account, ubiXP  will not respond to a request to know or a request to delete Personal Information until ubiXP  is able to confirm, through further verification procedures, that you made the request.

•  Requests Other Than Through a Password-Protected Account:

If you submit a request by any means other than through a password-protected account that you created before the date of your request, the verification process that ubiXP follows will depend on the nature of your request as described below:

• Requests To Know Categories of Personal Information: If you request to know categories of Personal Information collected, sources, sales, or ubiXP’s business or commercial purposes for use of your Personal Information, ubiXP will match at least two or more data points that you provide with your request to know, or in response to ubiXP’s request for verification information, against information about you ubiXP already has in ubiXP’s records and that ubiXPhas determined to be reliable for purposes of verifying your identity. Examples of relevant data points may include your name and email address, your zip code, or information about products or services that you have purchased.
• Requests for Copies or Requests to Delete Personal Information: ubiXP’s process for verifying your identity will depend on the sensitivity (as determined by ubiXP) of the Personal Information that you ask ubiXP to delete or to provide copies of specific pieces of Personal Information. For less sensitive Personal Information, ubiXP will require a match of two data points as described in the bullet point directly above. For more sensitive Personal Information, ubiXP will require a match of three data points and a signed declaration.

ubiXP has implemented the following additional procedures when verifying the identity of requestors:

•  If ubiXP cannot verify your identity based on the processes described above, ubiXP may ask you for additional verification information. If ubiXP does so, ubiXP will permanently delete the verification information that you provide promptly after ubiXP has completed the verification process. ubiXP will not use that information for any purpose other than verification.
•  If ubiXP cannot verify your identity to a sufficient level of certainty to respond to your request, ubiXP will let you know promptly and explain why your identity cannot be verified.

D.  Authorized Agents
You may designate an authorized agent to exercise your right to know or your right to delete by submitting to us a completed “Authorized Agent Designation” form. You can obtain the designation form by contacting us at contact@ubixp.com.

If an authorized agent submits a request to know or a request to delete on your behalf, the authorized agent must submit with the request either (a) a power of attorney that is valid under California law, or (b) a document signed by you that authorizes the authorized agent to submit the request on your behalf. In addition, ubiXP may ask you to follow the applicable process described above for verifying your identity.

E.  ubiXP’s Non-Discrimination Policy
California Consumers have the right not to be subject to discriminatory treatment by ubiXP for exercising their privacy rights under the California Consumer Privacy Act, and ubiXP will not discriminate on that basis. However, ubiXP may charge a California Consumer a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the California Consumer by the California Consumer’s Personal Information. If ubiXP does so, it will provide California Consumers with any legally required notice.

F.  Use of The ubiXP Websites by Minors:
Any California residents under the age of 18 who have registered to use the Services, and who have posted content or information on the Services, can request removal by contacting us at contact@ubixp.com or by sending a letter to ubiXP SRL, Avenue Kersbeek 308, 1180 Bruxelles, Belgium (Attention: Privacy Legal Counsel), with information detailing where the content or information is posted. ubiXP will make reasonable, good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that ubiXP does not control.

G.  Right to Information About Disclosures of Personal Information for Direct Marketing Purposes:
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. For ubiXP’s U.S. users, ubiXP may from time to time elect to share certain information about you collected by us on the Service with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may opt-out of such future sharing by contacting us at contact@ubixp.com or by sending a letter to ubiXP SRL, Avenue Kersbeek 308, 1180 Bruxelles, Belgium (Attention: Privacy Legal Counsel). Requests must include "California Shine the Light Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that ubiXP is only required to respond to one request per customer each year, and ubiXP is not required to respond to requests made by means other than through this e-mail address or mail address.

17.  PRIVACY NOTICE FOR NON-U.S. JURISDICTIONS

Obligation to Provide Personal Information
EU and Mainland China persons must, on occasion provide Personal Information to ubiXP as necessary to enter into a contract or as required to fulfill contractual obligations, including providing ubiXP’s products and services, taking payment for products and services ubiXP provides, and billing, shipping, and delivery of ubiXP’s products and services. You are free to withhold your Personal Information but without this data it will not be possible to execute the contract or provide you with ubiXP’s products and services. When you make a purchase on or of the Services, you must provide Personal Information to us so that ubiXP can meet ubiXP’s legal obligations in accordance with applicable tax and statutory provisions. You are free to withhold your Personal Information, but without this data, it will not be possible to provide you with ubiXP’s products and services.

Automated Decision-Making
With your consent (where required under applicable law) ubiXP sometimes uses EU and/or Mainland China persons’ Personal Information submitted through the Services for automated decision-making. For example, ubiXP may display advertisements and send emails to you containing content automatically chosen based on the products or services ubiXP has provided to you in the past. However, ubiXP will not use such persons’ Personal Information submitted through the Services for automated decision-making, including profiling, that produces legal effects or similarly significantly affects such persons or where not otherwise permitted by applicable law.

Legal Bases for Processing
ubiXP processes your Personal Information with your consent where required by law. In addition, ubiXP processes your Personal Information as necessary for the performance of the sales contract, for example, when processing your orders and payments and to take steps, at your request, before entering into a contract with you, for example, by providing you with quotes for products and services. ubiXP also processes Personal Information as necessary for ubiXP’s legitimate interests as follows:

• Research and Development: To research use of ubiXP’s products and services and to improve, and develop new, products and services;


• Marketing and advertising: To the extent permitted by applicable law, ubiXP uses your Personal Information regarding products and services you have ordered, or in which you have otherwise demonstrated an interest, as necessary to analyze your interests and to provide you information about the products and services that ubiXP thinks might interest you; and


• Security: ubiXP uses Personal Information for purposes of facility, network, and information security, fraud prevention, and reporting suspected criminal acts. For example, in the event of fraud, a security incident, or a suspected criminal act, ubiXP  would examine Personal Information that appeared to be linked to the incident as necessary to determine what happened, remediate, report to the authorities, and prevent a recurrence.

In some jurisdictions, under applicable law, consent may be the primary basis for processing Personal Information and, where such laws apply and where required to do so, ubiXP will obtain your consent to process your Personal Information. Where ubiXP relies on your consent as the lawful basis, you have the right to withdraw your consent to processing of your Personal Information at any time.


Accuracy and Access to Personal Information
EU and Mainland China persons may request access to their Personal Information under this Privacy Policy to the full extent required by applicable law in the home country of the person making the request. Such persons may request the correction, amendment, or deletion their Personal Information that is inaccurate or has been processed in violation of applicable law. ubiXP will reasonably fulfill such requests to the extent required by applicable law.

Users from outside the U.S., including Mainland China, have the right to ask ubiXP not to process their Personal Information for marketing purposes. ubiXP will inform you (before collecting your information) if ubiXP intends to use your information for such purposes or if ubiXP intends to disclose your information to any third-party for such purposes. You can exercise your right to agree to or to prevent (as the case may be) such processing by checking certain boxes on the forms ubiXP  uses to collect your information.

You can exercise these rights at any time by contacting ubiXP at contact@ubixp.com or by sending a letter to the addresses set forth in Section 18 below.

Right to Object to Processing for Direct Marketing or Legitimate Interests:
EU persons have the right to object to the processing of their Personal Information for purposes of ubiXP’s direct marketing or legitimate interests by contacting ubiXP at contact@ubixp.com.


Revocation of Consent
Users from outside the U.S. also have the right to limit or revoke their given consent regarding the processing of their Personal Information. However, it is important to note that in some cases such request may not be immediately or fully executed because it is possible that ubiXP has a legal obligation to keep using or retain your Personal Information. Also, you must consider that for certain purposes, the revocation of consent means that ubiXP cannot continue providing the services you requested. You can limit or revoke your consent at any time by contacting ubiXP at contact@ubixp.com.

Accountability and Inquiries
In compliance with the EU-US DPF and the UK Extension to the EU-US DPF, ubiXP commits to resolve DPF Principles-related complaints about ubiXP’s collection and use of your personal information. EU and UK individuals with inquiries or complaints regarding ubiXP’s handling of personal data received in reliance on the EU-US DPF and the UK Extension to the EU-US DPF, should first contact ubiXP at contact@ubixp.com.

If, after contacting ubiXP, any EU or UK person believes that their complaint has not been satisfactorily resolved, they agree first to try and settle the dispute by mediation, administered by the International Centre for Dispute Resolution under its Mediation Rules, before resorting to arbitration, litigation, or some other dispute resolution procedure. The rules governing these procedures and information regarding how to file a claim free of charge can be found here.

Any EU or UK person who remains dissatisfied may contact his or her national Data Protection Authority in the country where the person resides. ubiXP has agreed to cooperate and comply with appropriate EU Data Protection Authorities, the UK Information Commissioner's Office and the Gibraltar Regulatory Authority, and the U.S. Department of Commerce in resolving such disputes. If an EU or UK person remains dissatisfied and meets the pre-arbitration requirements of Annex I Part C of the EU – U.S. DPF and the UK Extension to the EU-US DPF, the person may invoke binding arbitration pursuant to procedures in Annex I of the EU – U.S. DPF Principles found here.

DATA SUBJECTS LOCATED IN BRAZIL

In addition to the provisions of this Privacy Policy, this Section applies to data subjects located in Brazil. According to the Brazilian General Data Protection Law (“LGPD”) the data subjects located in Brazil have the following rights:

Right to Confirm the Existence of Processing: At any time, you have the right to confirm whether ubiXP is processing any Personal Information related to you.

Right of Access: You have the right to request that ubiXP discloses or provides you with access to the information regarding the processing of your Personal Information.

Right to Correction: You have the right to correct any incorrect, incomplete, or out-of-date information that ubiXP has relating to your Personal Information.

Right to Anonymization: You the right to have your data processed in a way that prevents the possibility of direct or indirect association with you. This is possible only in situations where the Personal Information in question is considered unnecessary, excessive, or processed in noncompliance with the LGPD´s provisions.

Right to Block: You have the right to request that ubiXP no longer processes your Personal Information. This is possible only in situations where the Personal Information in question is considered unnecessary, excessive, or processed in noncompliance with the LGPD´s provisions.

Right to Deletion: You have the right to request that ubiXP deletes the Personal Information ubiXP collects from you. This is possible only in situations where the Personal Information in question was collected with the data subject´s consent or if such information is considered unnecessary, excessive, or processed in noncompliance with the LGPD´s provisions. Please note, however, that in certain situations ubiXP is not required to delete your Personal Information, such as when: (i) to comply with a legal obligation; (ii) to perform a contract with you; (iii) to preserve ubiXP’s rights.

Right to Portability: You have the right to receive your own Personal Information in a structured, commonly used, and machine-readable format that you can transmit to another controller.

Right to Information: You have the right to be informed about which, if any, public and private entities ubiXP has shared your Personal Information with, and to be informed about the possibility of denying consent and the consequences of such denial.

Right to revoke your Consent: You have the right to request, through a free and facilitated procedure, that from the moment you revoke your consent to allow processing of your Personal Information.

18.  HOW TO EXERCISE YOUR PRIVACY RIGHTS

All individuals, regardless of jurisdiction, can effectuate their privacy rights by completing and submitting a Data Subject Rights request. To initiate a request related to your Personal Information that is processed by ubiXP, and our wholly owned subsidiaries (collectively ("ubiXP", "we", "us", "our"), please complete the Data Subject Rights request located here.

To process your request, we must: (1) confirm your identity, and (2) collect sufficient information from you in order to identify your personal data within our systems. The information we request from you is solely for the purpose of enabling us to process your request and will be processed in accordance with applicable data protection regulations. 

Once we verify your identity, we will begin processing your request. When the request is finalized, you will receive written notice of the outcome per applicable data protection regulation requirements and obligations.

If you have additional questions regarding submission of your request, please contact contact@ubixp.com.

For any requests relating to your Personal Information, or if you have any questions about this Privacy Policy, please contact ubiXP at:

ubiXP SRL 
Avenue Kersbeek 308, 1180 Bruxelles, Belgium

(Attention: Privacy Legal Counsel)
contact@ubixp.com