Fenix Holdings, LLC and our affiliate andsubsidiary companies (collectively, we, our, or us)are committed to privacy and to transparency in our information practices. Inthis Privacy Policy (the Policy), we describe how we may collect, use,disclose, and otherwise process personal information related to our websites(each, a Website) and mobile applications (each, an App) that display orlink to this Policy and our other services, products, and technology solutions(collectively, the Services).
Overview of Our Collection and Use of Personal Information
While the actual information we collect and ouruse of such personal information varies depending upon the nature of ourrelationship and interactions with an individual, the table below provides ageneral overview of the categories of personal information we collect and thepurposes for which we use such information. Where required by law, we obtainyour consent to collect certain categories of personal information. To learn more,please see the table in Section 15 below.
Categories ofpersonal information We Collect
Name, contactinformation and other identifiers: such as name, contact information, IP address and online identifiers,Social Security number and other government identifiers.
Customerrecords: paper andelectronic records containing personal information, including withoutlimitation, name, signature, photo, contact information, education andemployment history, Social Security number and other government identifiers,insurance policy number, financial or payment information, medical information,or health insurance information.
Protectedclassifications:characteristics of protected classifications under applicable state or federallaw, such as race, color, sex, age, religion, national origin, disability,citizenship status, and genetic information.
CommercialInformation: includingrecords of real property, products or services purchased, obtained, orconsidered, or other purchasing or use histories or tendencies.
BiometricInformation: physiological, biological or behavioralcharacteristics that can be used alone or in combination with each other toestablish individual identity, including fingerprints (in accordance withapplicable laws.
Usage data: internet or other electronic network activity Informationincluding without limitation browsing history, search history, and informationregarding an individuals interaction with our Services or an advertisement.
Geolocationdata: precise location information about a particularindividual or device.
Audio, video,and other electronic data: such as, video footage, photographs, call recordings, and other audio,electronic, visual, or similar information.
Employmenthistory: professionalor employment-related information.
Educationinformation: educationinformation and records.
Profiles andinferences: inferencesdrawn from any of the above used to create a profile reflecting an individualspreferences, behaviors or other characteristics.
Individualrights. Please see YourRights and Choices in Section 10 below for a description of the choices weprovide and the rights you have regarding your personal information. If you are aCalifornia resident, please be sure to review Section 15 below titled AdditionalInformation for Residents in Certain Jurisdictions for important informationabout the categories of personal information we collect and disclose and yourrights under California privacy laws.
Use ofpersonal information
1. SCOPE OF OUR PRIVACY NOTICE
This privacy notice applies to our collection,use, disclosure, and other processing of personal information related to:
Our collection, use, disclosure, andprocessing of personal information about individuals will vary depending uponthe circumstances. This privacy notice is intended to describe our overallprivacy and data protection practices. In some cases, different or additional noticesabout our data collection and processing practices may be provided and apply toour processing of certain personal information
Personal information. In this privacy notice, our use of the termpersonal information includes other similar terms under applicable privacylawssuch as personal data and personally identifiable information. Ingeneral, personal information includes any information that identifies, relatesto, describes, or is reasonably capable of being associated, linked, orlinkable with a particular individual.
Not covered by this notice. This privacy notice does not apply to jobapplicants and candidates who apply for employment with us, or to our employeesand non-employee workers.
2. OUR COLLECTION OF PERSONAL INFORMATION
Generally, we collect your personalinformation on a voluntary basis. However, if you decline to provide certainpersonal information that is marked mandatory, you may not be able to accesscertain Services or we may be unable to fully respond to your inquiry.
Sources of personal information we collect. The personal information that we collect andprocess will vary depending upon the circumstances. We collect personalinformation directly from individuals, automatically related to the use of theServices, and in some cases, from third parties (such as social networks,platform providers, payment processors, data providers, and operators ofcertain third party services that we use). For example, some of the ways wecollect information are as follows:
Information we collect directly. We collect information that you provide to us,such as
Information we collect from third parties. We may collect personal information about you and your propertyfrom third party sources, such as public databases, joint marketing partners,social media platforms (including from people with whom you are friends orotherwise connected), from brokers and independent agents of Fenix Holdings,LLC brands, and from other third parties. For example, without limitation:
3. LEGAL BASES FOR OUR PROCESSING OF PERSONALINFORMATION
Certain laws, including the EU General DataProtection Regulation (GDPR), requires that we inform applicable individualsof the legal bases for our use and other processing of personal information.Pursuant to the GDPR (and other relevant laws), we process personal informationfor the following legal bases:
In addition, we may process your personalinformation where necessary to protect the vital interests of any individual.
4. USE OF PERSONAL INFORMATION
While the purposes for which we may processpersonal information will vary depending upon the circumstances, in general weuse personal information for the purposes set forth below. Where GDPR or otherrelevant laws apply, we have set forth the legal bases for suchprocessing in parenthesis (see above for further explanationof our legal bases).
Aggregate and de-identified information. We may de-identify personal information andcreate anonymous and aggregated data sets and reports in order to assess,improve and develop our business, products and services, prepare benchmarkingreports on our industry and for other research, marketing and analyticspurposes.
5. DISCLOSURE OF PERSONAL INFORMATION
We may disclose the personal information thatwe collect about you as set forth below or as otherwise described at the timeof collection or sharing.
Anonymized and Aggregated Data. We may share aggregate or de-identifiedinformation with third parties for research, marketing, advertising, analytics,and other purposes.
Cookies, Tracking, and Analytics
Our Services may use first party andthird-party cookies, pixel tags, plugins, and other tools to gather device,usage and browsing information when users visit our Services. For instance,when you visit our Services, our server may record your IP address (andassociated location information) and other information such as the type of yourinternet browser, your Media Access Control (MAC) address, computer type (Windowsor Macintosh), screen resolution, operating system name and version, devicemanufacturer and model, language, and the pages you view and links you selecton the Services, as well as date and time stamps associates with youractivities on our Services.
We use the information for security purposes,to facilitate navigation, to personalize and improve your experience whileusing the Services, to improve and measure our advertising campaigns and tobetter reach users with relevant advertising both on our Services and on thirdparty websites. We also gather statistical information about use of theServices in order to continually improve their design and functionality,understand how they are used and assist us with resolving questions regardingthem.
Cookies. Cookies are small text files that a website transfers toyour hard drive to store and sometimes collect information about your usage ofwebsites, such as time spent on the websites, pages visited, languagepreferences, and other anonymous traffic data. You can control the way in whichcookies are used by altering your browser settings. You may refuse to acceptcookies by activating the setting on your browser that allows you to rejectcookies. However, if you select such a setting, this may affect the functioningof our Services. Unless you have adjusted your browser setting so that it willrefuse cookies, our system will issue cookies when you access or log on to ourService.
Essential cookies are essential, as they enable you tomove around the Service and use its features. Without these cookies we couldnot, for example, authenticate your login or remember that you are logged-in asyou move through the Service.
Functionality cookies allow us to remember choices you make(such as the region you're in) and tailor the Service to provide enhancedfeatures and content for you. For instance, they can be used to remember yourlogin details or remember your nickname when you next login. They may also beused to provide services you've requested, for example leaving a comment on theService.
Analytics & performances cookies collect information about how theService is used, for example which pages users visit most often and if anyerror messages are displayed on certain pages. Information collected usingthese cookies is used to monitor activity on the Service and understand how itis being used.
If you have disabled one or more cookies, wemay still use information collected from cookies before your disabledpreference was set. However, we will stop using the disabled cookie to collectany further information.
To find out more about cookies, including howto see what cookies have been set and how to manage and delete them,visit www.aboutcookies.org or www.allaboutcookies.org.
Pixel tags and other similar technologies. Pixel tags (also known as web beaconsand clear GIFs) may be used in connection with some Websites to, among otherthings, track the actions of users of the Websites (including emailrecipients), measure the success of our marketing campaigns and compilestatistics about usage of the Websites and response rates. We and our serviceproviders may also use pixel tags in HTML emails to our customers, to help ustrack email response rates, identify when our emails are viewed, track whetherour emails are forwarded, and conduct analytics.
Log files. Most browsers collect certain information, such as your IPaddress, device type, screen resolution, operating system version and internetbrowser type and version. This information is gathered automatically and storedin log files.
Third party analytics tools. Our Websites use automated devices andapplications operated by third parties, such as Google Analytics, which uses cookiesand similar technologies to collect and analyze information about use of theWebsites and report on activities and trends. This service may also collectinformation regarding the use of other websites, apps and online resources. Youcan learn about Google's practices by going to www.google.com/policies/privacy/partners/, and you can opt out of them by downloadingthe Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Do-Not-Track signals. Please note that our Websites do notrecognize or respond to any signal which your browser might transmit throughthe so-called 'Do Not Track' feature your browser might have. If you wish todisable cookies on our Websites, you should not rely on any 'Do Not Track'feature your browser might have. For more information about do-not-tracksignals, please click here.
Interest-based Advertising
On some of our Websites, we may work with third-party ad networks, analyticscompanies, measurement services and others (third-party ad companies) todisplay advertising on our Services and to manage our advertising on third-partysites, mobile apps and online services. We and these third-party ad companiesmay use cookies, pixels tags and other tools to collect information on ourWebsites (and on third-party sites and services), such as browsing history, IPaddress, device ID, cookie and advertising IDs, and other identifiers, generallocation information and, with your consent, your devices geolocationinformation; we and these third-party ad companies use this information toprovide you more relevant ads and content and to evaluate the success of suchads and content.
For more information or to opt out of thirdparty advertising cookies and tags on our Websites, go to www.privacyrights.info/.
You may also obtain more information abouttargeted or interest-based advertising and opt-out of many ad networks at theindustry websites below:
6. SOCIAL FEATURES AND THIRD PARTY PLUG INS
The Services may integrate with social sharingfeatures and other related tools which let you log in to the Services or shareactions you take on the Services. Your use of such features enables the sharingof information with your friends or the public, depending on the settings youestablish with the social sharing service. Please refer to the privacy policiesof those social sharing services for more information about how they handle thedata you provide to or share through them. We do not receive or store passwordsto your third-party social media accounts in this context.
7. INTERNATIONAL TRANSFERS OF PERSONALINFORMATION
The Services are hosted on servers located inthe United States. Note that some countries may not provide the same level ofdata protection as your home country. If you are located, for example, inEuropean Economic Area or Switzerland (collectively, EEA), your personalinformation will be transferred to the United States and possibly to otherjurisdictions (e.g., to the location of a property for which you have requestedinformation), which may not provide the same level of protection under yourlocal data protection laws. In such cases, we rely on suitable personalinformation transfer safeguards. You may have the right to request a copy orinformation about those safeguards by contacting us as detailed below.
8. SECURITY
We use technical, administrative, and physicalcontrols in place to help protect Personal information from unauthorizedaccess, use, and disclosure. Even so, despite our reasonable efforts, nosecurity measure is ever perfect or impenetrable. In the event that thesecurity of your account has been compromised, please immediately notify us inaccordance with Section 14 below (Contact Us).
9. DATA RETENTION
Generally, we will retain your personalinformation for the period necessary to fulfill the purposes outlined in thisprivacy notice or as set out in our contracts, unless a longer retention periodis required or permitted by law. We may also retain personal information forlonger where required by our legal and regulatory obligations, professionalindemnity obligations, or where we believe it is necessary to establish, defendor protect our legal rights and interests or those of others.
10. YOUR RIGHTS AND CHOICES
Marketing. You may opt out from receiving marketing-related communicationsfrom us on a going-forward basis by contacting us or by using the unsubscribemechanism contained in each email. We will try to comply with your request(s)as soon as reasonably practicable. Please note that if you opt out of receivingmarketing-related emails from us, we may still send you important administrativemessages, from which you cannot opt out.
Third party advertising and analytics. Our Websites include third party tags andcookies, which allow third parties to collect IP address and other identifier,browsing information and other personal information for advertising andanalytics purposes as explained above; to opt of these on ourWebsites, or for more information, go to www.privacyrights.info/. You may also review your browser or devicesettings for certain cookies and see above to exercise certain choicesregarding cookies.
Access, amendment and deletion. Under applicable privacy laws, you mayhave the right to request to review, make amendments, have deleted or otherwiseexercise your rights over your personal information that we hold, subject tocertain legal limitations and requirements. If you are subject to such aprivacy law, you may submit a request to us related to your personalinformation:
We follow applicable law to take steps to keepyour personal information accurate, complete and up-to-date. In your requestthat is covered by an applicable privacy law, please make clear what personalinformation you would like to have changed, whether you would like to have yourpersonal information suppressed from our database or otherwise let us know whatlimitations you would like to put on our use of your personal information. Wemay only implement requests (a) where required by applicable law and (b) withrespect to the personal information associated with the particular emailaddress that you use to send us your request, and we may need to verify youridentity before implementing your request. We will try to comply with yourrequest as soon as reasonably practicable.
As outlined below, if you are a Californiaresident or if you are in the European Union / European Economic Area, you mayhave additional rights.
Deactivation. You can deactivate your account at any timeby contacting us at the email address at the bottom of this page. However, youwill not be able to access many of the services to deactivate your account.Please note that even if you request deactivation of your account, it may takesome time to fulfill this request.
Responding to Requests. Please note that we may need to retain certaininformation for recordkeeping purposes and/or to complete any transactions thatyou began prior to requesting a change or deletion. There may also be residualinformation that will remain within our databases and other records, which willnot be removed. We may not always be able to fully address your request, forexample if it would impact the duty of confidentiality we owe to others, or ifwe are legally entitled to deal with the request in a different way.
Additional information for certainjurisdictions. We are committed torespecting the privacy rights of individuals under all privacy laws applicableto us. Some privacy laws require that we provide specific information aboutindividual rights to applicable consumers, which we have set forth at the endof this privacy notice:
11. CHILDREN
The Services are not intended or directed tochildren under the age of 16, and we do not knowingly collect any personalinformation, or knowingly track the use of our Services, from children. If wehave actual knowledge that personal information about a child under 16 yearsold has been collected, then we will take appropriate steps to try and deletesuch personal information.
12. THIRD-PARTY WEBSITES
The Services may contain links to third-partyservices. We do not own, operate, or control the websites of third-parties,including those of independently owned and operated franchisees. Accordingly,this Policy does not apply to any services maintained or operated bythird-parties. When you click on those links, you will go to a third-partywebsite where you will be subject to that services privacy policy or similarstatement and terms of use, and we encourage you to read that policy statement.We are not responsible for the privacy practices of other services, and weexpressly disclaim any liability for their actions, including actions relatedto the use and disclosure of personal information by those third parties.
13. CHANGES TO THIS POLICY
We may amend this Policy at any time. If wemake any material change in how we collect, use, disclose, or otherwise processpersonal information, we will prominently post a notice regarding such changeon the Services. Any material changes to this Policy will be effective 10 daysafter our posting of the updated Policy or as otherwise required by applicablelaw. Where required to do so by law, we may seek your prior consent to any materialchanges we make to this Policy.
If you have any questions or concerns aboutthis Policy, please use the following contact information:
Email: contact@fenixholdings.com
Mailing address: 11 Eves Dr. Suite 150, Marlton, NJ 08053 Attn: Fenix Holdings, LLC
Phone number: (856) 988-8900
15. ADDITIONAL INFORMATION FOR RESIDENTS INCERTAIN JURISDICTIONS
California Residents.
In this section, we provide information forCalifornia residents, as required under California privacy laws, including theCalifornia Consumer Privacy Act (CCPA), which requires that we provideCalifornia residents certain specific information about how we handle theirpersonal information, whether collected online or offline. This section doesnot address or apply to our handling of publicly available information madelawfully available by state or federal governments or other personalinformation that is subject to an exemption under the CCPA.
Categories of personal information that wecollect and disclose. Our collection, use and disclosure of personal information abouta California resident will vary depending upon the circumstances and nature ofour interactions or relationship with such resident. The table below sets outgenerally the categories of personal information (as defined by the CCPA) aboutCalifornia residents that we collect, sell, and disclose to others for abusiness purpose. We collect these categories of personal information from thesources described in the Information We Collect section above, and for thepurposes described in the Disclosure of Personal Information sectionabove.
Categories of personal information | Do we collect? | Do we disclose for business purposes? |
Name, contact information and other identifiers: identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, drivers license number, passport number, or other similar identifiers. | Yes | Yes |
Customer records: paper and electronic customer records containing personal information, including without limitation, name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, drivers license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information. | Yes | Yes |
Protected classifications: characteristics of protected classifications under applicable state or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information. | Yes | Yes |
Commercial Information: including records of real property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. | Yes | Yes |
Biometric Information: physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including fingerprints (in accordance with applicable law). | Yes | Yes |
Usage data: internet or other electronic network activity Information including without limitation browsing history, search history, and information regarding a consumers interaction with an Internet website, application, or advertisement. | Yes | Yes |
Geolocation data: precise geographic location information about a particular individual or device. | Yes | Yes |
Audio, Video and other Electronic Data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings. | Yes | Yes |
Employment history: professional or employment-related information. | Yes | Yes |
Education information: education information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99). | Yes | Yes |
Profiles and inferences: Inferences drawn from any of the information identified above to create a profile reflecting a residents preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. | Yes | Yes |
Categories of Personal Information Sold. The CCPA defines a sale as disclosing ormaking available to a third-party personal information in exchange for monetaryor other valuable consideration. We do not disclose personal information to thirdparties in exchange for monetary or other valuable consideration.
Rights of California residents. California law grantsCalifornia residents certain rights and imposes restrictions on particularbusiness practices as set forth below.
California residents may make a Request toKnow up to twice every 12 months. We will respond to verifiable requestsreceived from California residents as required by law.
Submitting Requests. You may submit requests as follows:
We will respond to verifiable requestsreceived from California residents as required by law. For more informationabout our privacy practices, contact us as set forth in the Contact Ussection above.
Rights Under California Shine the Lightlaw. California residentsmay request from businesses with whom they have an established businessrelationship (1) a list of categories of personal information, such as name,address, e-mail address, and the type of services provided to the customer,that a business has disclosed to third parties during the immediately precedingcalendar year for the third parties' direct marketing purposes and (2) thenames and addresses of all such third parties. To request the above informationplease contact us by writing to us under the Contact Us section above. Wewill respond to such requests within 30 days of receipt. We may change thisPolicy and will provide notice of changes through the Services or by email.Your continued use of the Services after notice constitutes your consent to thechange.
European Union / European Economic Area
Individuals in the European Union (EU) and theEuropean Economic Area (EEA) have the following rights, under the GDPR,regarding their personal information:
Right of access: You have the right to obtain from usconfirmation as to whether or not personal information concerning you is beingprocessed, and where that is the case, to request access to the personalinformation. The accessed information includes among others - the purposes ofthe processing, the categories of personal information concerned, and therecipients or categories of recipient to whom the personal information have beenor will be disclosed. You have the right to obtain a copy of the personalinformation undergoing processing. For further copies requested by you, we maycharge a reasonable fee based on administrative costs.
Right to rectify and complete personalinformation: you can request the rectification ofinaccurate data and the completion of incomplete data. We will inform relevantthird parties to whom we have transferred your data about the rectification andcompletion if we are legally obliged to do so.
Right to erasure (right to be forgotten): You have the right to obtain from us theerasure of personal information concerning you in limited circumstances where:
We are not required to comply with yourrequest to erase personal information if the processing of your personalinformation is necessary for:
Right to restriction of processing: You have the right to obtain from usrestriction of processing your personal information. In this case, therespective data will be marked and only be processed by us for certainpurposes. This right can only be exercised where:
We can continue to use your personalinformation following a request for restriction, where:
Right to data portability: You have the right to receive the personalinformation concerning you, which you have provided to us, in a structured,commonly used and machine-readable format and you have the right to transmitthose data to another entity without hindrance from us, but in each case onlywhere the processing is (a) based on your consent or on the performance of acontract with you, and (b) also carried out by automated means.
Right to object: You have the right to object at any time toany processing of your personal information which has our legitimate interestsas its legal basis. You may exercise this right without incurring any costs. Ifyou raise an objection, we have an opportunity to demonstrate that we havecompelling legitimate interests which override your rights and freedoms. Theright to object does not exist, in particular, if the processing of yourpersonal information is necessary to take steps prior to entering into acontract or to perform a contract already concluded.
Right to object to our useof yourpersonal information for direct marketing purposes: You can request that we change the manner inwhich we contact you for marketing purposes. You can request that we nottransfer your personal information to unaffiliated third parties for thepurposes of direct marketing or any other purposes.
Right to withdraw consent: if you have given us your consent for theprocessing of your personal information, you have the right to withdraw yourconsent at any time, without affecting the lawfulness of processing based onconsent before its withdrawal.
Right to obtain a copy of safeguards: you can ask to obtain a copy of, orreference to, the safeguards under which your personal information istransferred outside the EU/EEA. We may redact data transfer agreements toprotect commercial terms.
Right to lodge a complaint with your localsupervisory authority:You have a right to lodge a complaint with your local supervisory authority ifyou have concerns about how we are processing your personal information. We askthat you please attempt to resolve any issue with us first, although you have aright to contact your supervisory authority at any time.