NetElixir, Inc. (“NetElixir” or “we” or “us” or “our”) is a digital marketing and analytics company, with its headquarters in Princeton, New Jersey, United States of America. NetElixir provides digital marketing services to advertisers, agencies and businesses with various services metrics and data analytics related to internet marketing, pay per click ad campaigns, search engine optimization, online purchases and other marketing services and software, collectively the “Sites and Services”.

This Privacy Policy (“Policy”) is intended to provide you with an explanation of what information NetElixir collects, and how that information is processed, stored and shared, both digitally and in physical format, as applicable, from its Sites and Services.

For customers of NetElixir Sites and Services, this Policy should be read in conjunction with the applicable Master Services Agreement, Statement of Work, or Terms and Conditions Agreement (individually the “Agreement(s)”), incorporated herein by reference. Unless otherwise defined in this Policy, the terms defined within the Agreement(s) have the same meaning in all documents.

NetElixir reserves the right, in its sole discretion and without any obligation or prior notice, to change the terms of this Policy at any time. You are responsible for regularly reviewing this Policy for any such changes. Continued use of the Sites and Services, including after any such changes have been posted, shall constitute your agreement to such changes.

1. Data Processing and Handling

The specific information NetElixir collects from or about you depends on the nature of your relationship with NetElixir or your interaction with NetElixir’s Sites and Services. The information NetElixir collects may include both Personal Data and Other Information, as detailed below.

1. Personal Data

For the purposes of this Policy, “Personal Data” is information from which you could be identified, directly or indirectly. Personal Data may include one or more of the following:

a. contact and business information (such as name, title, email address);

b. account information;

c. payment information;

d. information from third parties;

e. social media data; or

f. any other unique identifying information.

2. Other Information

For the purposes of this Policy, “Other Information” is any information that does not independently reveal your specific identity or does not directly relate to an identifiable individual. Examples include:

a. IP address(es);

b. browser type and metadata;

c. device information, time and date of requests;

d. login activity; and

e. cookies.

Gathering this information helps NetElixir to ensure that NetElixir’s Sites and Services work correctly and provide a high level of availability.

2. Cookies, Web Beacons, and Related Technologies

Cookies are small text files containing information unique to your account or browser that may be read from your device through usage of NetElixir Sites and Services. NetElixir uses cookies and related technologies to track activity throughout the use of NetElixir’s Sites and Services. NetElixir uses cookies to collect information about the way that you use the Sites or Services, support the features and functionality of the Sites and Services, and personalize the experience of the Sites and Services.

You can control cookies and related technologies through personalization of your browser settings. You can also disable or block the use of cookies and similar technologies that track your activities. Please note, however, that use of NetElixir’s Sites and Services may require cookies to be enabled in your browser.

A web beacon, also known as a web bug, is a small, graphic image on a web page, web-based document, or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons collect non-personally identifying information such as the IP address of the computer that the web beacon is sent to, the URL of the page the web beacon comes from and the time it was viewed.

NetElixir may use web beacons, or allow third-parties to place web beacons on our Sites and Services, for the purpose of monitoring the effectiveness of advertising and for other lawful purposes. We do not use (or permit third-parties to use) web beacons to collect personally identifying information about you.

NetElixir may combine the collected Personal Data and Other Information into a more comprehensive dataset to work with, such as identifying your approximate geographical location from your IP address and combining website browsing data, allowing for a greater personalized experience. If NetElixir combines Personal Data with any Other Information, NetElixir will treat the combined information as Personal Data.

NetElixir will never collect Personal Data that isn’t necessary for the intended purpose of processing that information. You are also not required to share the Personal Data that NetElixir requests. However, if you choose not to share such information, it may hinder your ability to use NetElixir’s Sites and Services.

3. The NetElixir Sites and Services

NetElixir maintains control of the data provided to, collected by or for, or processed in connection to the NetElixir Sites and Services, as defined in this Policy.

4. What Data is Collected and How it is Collected

1. Information You Provide

NetElixir collects information about you through NetElixir’s Sites and Services, online forms, online chat and email, for example when you request a demo or contact NetElixir via NetElixir’s Sites or as directed in the Contact Us section.

When you communicate with NetElixir, all communications received will be stored unless otherwise requested by you at the time of that communication. If you are submitting information on behalf of another individual, you are responsible for obtaining appropriate consent, including consent to share and transfer any Personal Data across borders.

2. Information Collected Automatically

a. Log data.

As with most internet technology services, NetElixir’s servers automatically collect information when you access or use NetElixir’s Sites and Services and record this information as access logs. These logs may include IP address, usage data, browser type, the date and time of the request, and language preferences cookies (if enabled). When you access or leave NetElixir’s Sites and Services using a hyperlink, NetElixir may receive the URL from previously or subsequently visited website(s).

b. Device Information.

NetElixir collects data about devices accessing the Sites and Services, which may include the type of device, device settings, application IDs, and unique identifiers. Whether NetElixir collects any or all of this information will depend on the type of device used, your response to prompts for information, and your device configuration.

c. Location Information.

NetElixir receives data from you and other third parties that assists NetElixir in tracking of approximate device locations. NetElixir may use, for example, an IP address detected by your browser or device to determine that device’s approximate location. NetElixir may also collect information from devices in accordance with the consent process provided by your device.

d. Third-Parties.

NetElixir may use automatic data collection tools to collect information using website tracking technologies such as cookies, web beacons, pixels, widgets, buttons or other similar technologies. NetElixir may also permit certain third parties to use similar technology for the same purpose. These tracing methods can be disabled by you through your device and/or browser configuration.

5. How We Use That Data

NetElixir may use the information collected for the following purposes:

1. To provide NetElixir’s Sites and Services to you;

2. To improve the operation of NetElixir’s Sites and Services;

3. To conduct ordinary business operations such as billing, research, development, recruiting, sales, marketing, support, education and training;

4. To conduct data correlation and analytics as part of, and related to, LXRInsights;

5. To facilitate corporate reporting and management;

6. To maintain a safe and trusted environment for NetElixir employees, customers, Sites and Services visitors and users, members of the public; and

7. To conduct other similar uses pertaining to the NetElixir Sites and Services.

6. How We Share That Data

1. Sharing with NetElixir Affiliates.

NetElixir may share your information with NetElixir’s affiliated entities worldwide for the purposes described in this Policy. As part of NetElixir, NetElixir’s entities and NetElixir affiliates are subject to this Policy, and NetElixir’s internal privacy policies and data protection requirements.

2. Sharing data with third-parties.

NetElixir retains third-party service providers to manage or support certain aspects of NetElixir’s business. These third-party service providers may be located globally and may provide services to NetElixir such as communication services, website hosting, advertising and marketing services, data analysis, data hosting, address validation services, providing information technology infrastructure, email delivery, credit card processing and other similar services. NetElixir’s third-party service providers are contractually bound to safeguard any Personal Data they receive from NetElixir and they are prohibited from using such Personal Data for any purpose other than to perform the services as requested by NetElixir.

3. Corporate transactions.

Circumstances may arise where NetElixir buys or sells assets or businesses as part of a sale, merger or change in control of NetElixir or be a part of, or subject to, some other type of voluntary or involuntary reorganization or restructuring. In such transactions, NetElixir may disclose or transfer your Personal Data as a business asset, in accordance with this Policy, to prospective or actual purchasers or receive your Personal Data from sellers or counterparties. Any entity which buys NetElixir, in part or wholly, will have the right to continue to use the information NetElixir has collected and stored, but only in accordance with this Policy.

4. Compliance with Legal Requirements.

NetElixir may be required to disclose your information to comply with applicable laws (including laws outside of your country of residence), court orders, regulations, government and law enforcement requests, including national security or other law enforcement requirements. Additionally, if NetElixir reasonably believes that it is necessary or appropriate, NetElixir reserves the right to use or disclose your information to allow NetElixir to pursue available claims or remedies and protect NetElixir’s legal rights, property, or the safety of NetElixir employees, users or others, to the extent allowed by applicable law. This includes exchanging information with companies and organizations for the purposes of fraud detection.

7. Processing of Data

NetElixir will only collect and process your Personal Data in the ways described in this Policy when NetElixir has a reason to do so.

NetElixir relies on the following reasons for processing Personal Data:

1. Consent (where you have given consent).

NetElixir processes certain Personal Data based on the consent you provided when the information was submitted. Where NetElixir relies on your consent, you have the right to withdraw or decline your consent at any time, such as consenting to receive marketing communications.

2. Contract (where processing is necessary for the performance of a contract with you, i.e., to deliver the NetElixir Services you or your organization have/has purchased).

When information is processed under contract, you are able to terminate the contract by following the requirements defined within that contract and request that your Personal Data be returned to you and/or deleted.

3. Compliance with laws (where NetElixir is required to process information to comply with applicable laws).

If NetElixir asks you to provide Personal Data to comply with a legal requirement (such as reporting income to taxing authorities) or to perform a contract with you, NetElixir will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as the possible consequences if you do not provide your information).

4. Legitimate interests of NetElixir or any third-parties.

Legitimate interests include enabling NetElixir to conduct internal business services, such as audits, mergers and acquisitions, reporting, and improving NetElixir’s Services. Personal Data will only be processed on these grounds when doing so does not outweigh your rights. Where NetElixir relies on legitimate interests, you have the right to object at any time.

8. How Your Information is Protected

NetElixir’s Sites and Services are intended primarily for use in the United States. Given the international scope of Internet access, your Personal Data may be visible to persons outside of your country of residence, including persons in countries that deem NetElixir’s policies deficient in ensuring an adequate level of protection for such information. If you are unsure whether this privacy statement is in conflict with applicable local laws, you should not submit your information.

Individuals outside of the United States of America that submit Personal Data through our Sites and Services hereby consent to the general use of such information as provided in this Policy and to its transfer and storage in the United States of America notwithstanding your country of origin or residence.

NetElixir values the importance of information, and the need to keep Personal Data secure. NetElixir has implemented and maintains technical, administrative and physical security measures designed to safeguard your information from unauthorized access, misuse, disclosure, alteration, accidental loss or destruction.

NetElixir regularly reviews NetElixir’s security procedures to ensure the confidentiality, integrity, availability and resilience of all data both online and offline are maintained. These security procedures and measures vary based on the sensitivity of the information that NetElixir collects, processes and stores as well as the current state of technology, but include data encryption, firewalls, physical access controls and information access authorization controls. NetElixir takes steps to regularly monitor NetElixir’s systems for vulnerabilities and to ensure that information is only shared with those who need to know it.

However, no website or Internet transmission is completely secure. While NetElixir strives to protect your data, NetElixir cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur, and NetElixir cannot warrant the security of any Personal Data that you provide to NetElixir. You are responsible for securing and maintaining the privacy of any password(s) and account registration information used with NetElixir, and verifying that the Personal Data provided to NetElixir about you is accurate and current. NetElixir is not responsible for protecting any Personal Data that NetElixir shares with a third-party based on an account connection that you have authorized. Use of email, instant messaging and similar communications, which are not encrypted, should not be used to communicate confidential information, and caution should be exercised when communicating through these means.

NetElixir requires that NetElixir’s third-party service providers and partners agree to keep the information shared with them confidential and to use the information only to perform their obligations based on the agreements NetElixir has in place with them. NetElixir’s internal policies ensure that such parties are required under contract to maintain privacy and security protections which are at least as consistent with NetElixir’s own policies and practices.

9. Retention of Your Information

NetElixir will retain your Personal Data for the length of time required to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law, or unless the Personal Data is deleted pursuant to the exercise of your rights, if applicable. NetElixir may also retain cached or archival copies of Personal Data provided to NetElixir. The deletion of your Personal Data and other use of NetElixir’s Sites may result in the deletion and/or de-identification of Other Information that is retained by NetElixir.

NetElixir may collect, compile, store, publish, promote, sell, or otherwise disclose or use any and all anonymized, pseudonymized, or aggregate information (i.e., information that does not personally identify or is de-identified to any specific individual) without limit to use scope, or duration. A request for deletion of Personal Data may result in, but does not necessarily guarantee, the deletion of such data if the data has been made unidentifiable to the extent that guaranteeing deletion is impossible, impractical, or such effort would constitute a significant hardship to NetElixir to perform.

10. Exclusions

This Policy applies only to your relationship with NetElixir through your use of NetElixir’s Sites and Services, events, communications, and marketing and advertising activities.

While using NetElixir’s Services, NetElixir may provide links to other websites which directly provide information relevant to your use of NetElixir Sites and Services. NetElixir will provide notice of when NetElixir does this. Any interactions you have with these other websites are beyond the control of NetElixir. The Sites and Services may provide links to websites and access to content, products and services of third parties, including users, partners, advertisers, and sponsors of the Sites and Services, and such third-party websites, content, products or services are governed by their respective third-party’s terms and conditions.

11. Use by Children or Minors

NetElixir does not intend, and NetElixir’s Sites and Services are not designed, to collect Personal Data from children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you should not register for, or otherwise provide information on our Sites and Services. By accessing NetElixir’s Sites and Services, you are acknowledging that you are over the age of eighteen (18) years old or are an emancipated minor with legal authority to use the Sites and Services.

If you believe information has been submitted to NetElixir’s Sites and Services requiring attention related to this disclosure, please contact NetElixir using the information in the Contact Us section.

12. Your Privacy Rights

NetElixir provides you with options to exercise certain controls and choices regarding NetElixir’s collection, use, and sharing of your Personal Data.

Please note that, if you do not allow NetElixir to collect your Personal Data from you, NetElixir may not be able to deliver certain Sites and Services to you, and some of the NetElixir Sites and Services may not be tailored to your preferences.

13. Your Choices

In accordance with applicable law, you may be entitled to exercise your rights as follows:

1. Account settings.

You may update your profile, your account and any related Personal Data at any time to ensure that Personal Data is up to date or delete inaccuracies.

2. Devices and browsers.

Some of NetElixir’s Sites and Services use your device’s location information. If using NetElixir’s Sites and Services from a mobile phone or other mobile device, this information may include your real time location. You may adjust the settings of your device at any time to control the sharing of your device’s location with NetElixir.

3. Communications from NetElixir.

NetElixir may use your information to communicate with you via email, including sending you transactional or marketing emails. NetElixir provides options for you to opt out of marketing communications. Not all communications you may receive from NetElixir are considered marketing communications, such as communications related to sales transactions, product downloads, system updates and other support-related information, security alerts, events for which you have registered, disclosures in compliance with legal requirements, and (where permitted by law) quality assurance survey requests. Such emails are considered transactional and are not subject to general opt-out requirements. Some additional communications you may receive from NetElixir’s partners may also not be subject to general-opt out, including product alerts, updates, and other notices related to partner status. You may request that NetElixir stop sending you marketing emails by following the instructions included at the bottom of NetElixir’s marketing emails. Communications related to NetElixir’s Sites and Services may be personalized through the management of your account profile within NetElixir’s portals or as instructed in conjunction with those communications. If you have any issues unsubscribing, you may contact NetElixir as directed in the Contact Us section.

4. Cookies.

Most web browsers (including mobile browsers) provide options that allow you to control or reject cookies or to alert you when a cookie is about to be placed on your computer, tablet or mobile device. While you are not required to accept cookies, if they are blocked or rejected, you may not have access to all features or functionalities available through NetElixir’s Sites and Services.

5. Other Requests.

Any other concern or request not expressed in this Policy may be addressed individually by using the information provided in the Contact Us section.