Privacy Policy.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE USING THE WEBSITE OR SERVICES. BY USING THE WEBSITE OR SERVICES, YOU WILL BE DEEMED TO HAVE ACCEPTED OXYGEN FORENSICS’ PRIVACY POLICY.

Last Updated April 10, 2019

Your use of the Website and Services (as each of these terms are defined in this Privacy Policy), including any dispute concerning privacy, is subject to this Privacy Policy and Oxygen Forensics’ Terms of Service. By using the Website or Services, you accept the practices set forth in this Privacy Policy and the Terms of Service. Oxygen Forensics reserves the right to modify this Privacy Policy at any time by posting such changes on this page. Please check the revision date below to determine if this Privacy Policy has been modified since you last reviewed it. Your continued use of any portion of the Website or Services following posting of the updated Privacy Policy will constitute your acceptance of the changes.

Oxygen Forensics, Inc. is committed to adhering with EU-US Privacy Shield Principles regarding all personal data received from the European Union (EU) in reliance on the Privacy Shield, and currently is undergoing the certification process for such participation. As such, Oxygen Forensics, Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Oxygen Forensics, Inc.’s commitment to these Principles is outlined in Sections E & F, below. To learn more about Privacy Shield and the Principles you can visit the Privacy Shield Website.

This privacy statement was last updated on March 26, 2019 Oxygen Forensics, Inc. and its affiliates (collectively, “Oxygen Forensics”) have created this privacy statement in order to disclose its information gathering and dissemination practices for the Oxygen Forensics’ Website (“Website”) and the services offered and provided through the Website (“Services”).

Should you have any concerns or believe that there are problems or issues relating to compliance with the policies outlined in this Privacy Policy, please notify our Data Protection Officer by e-mail at [email protected], as also outlined in Section E, below.

Table of Contents

  1. Background Information
  2. A Word from Oxygen Forensics
  3. Changes in Privacy Policy
  1. Information We Collect
    • Information We Collect Through the Website
    • User Content
    • Providing Your Information to Oxygen Forensics
    • User Account
    • Third Party Websites and Service Providers
    • Third Party Applications
    • Information Relating to Children
    • California Online Privacy Protection Act Notice
    • Cookies and Web Beacons
    • Targeting Cookies
  2. Use and Disclosure of Information
    • How Your Personal Information is Used
    • Disclosure of Information to Third Parties
    • Securing the Transmission and Storage and Storage of Information
    • Change of Control
  3. Data Choices Available to You

·         Opt-In and Disclosure

·         Opt-Out Options

·         Registration Email and Contact by Oxygen Forensics

·         User Account Preferences

  1. Rights of European Users under the GDPR
    • Data Controller
    • Data Processor
    • Consent
    • Legal Basis for Processing
    • GDPR Rights:
      1. Right of Confirmation
      2. Right of Access
      3. Right to Rectification
      4. Right to Erasure (Right to be Forgotten)
      5. Right of Restriction of Processing
      6. Right of Data Portability
      7. Right to Object to Automated Decision Making
      8. Right to Object to Processing
    • Retention Policy
    • Cross Border Data Transfers; Storage
  2. Privacy-Related Inquiries and Complaints
  3. Privacy Shield Policy
    • EU-US Privacy Shield Principles

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Background Information

Upon reading this Privacy Policy, you will be informed of the following:

  1. description of the types of personally identifiable information (yours and that of third parties) collected through the Website and Services;
  2. how the collected personally identifiable information is used;
  3. with whom the collected personally identifiable information may be shared;
  4. the choices available to you regarding the collection, use, and distribution of such information;
  5. security procedures that are in place to protect against the loss, misuse, or alteration of personally identifiable information under Oxygen Forensics’ control; and
  6. instructions how you can access and correct inaccuracies in the information collected about you.

A note about the Website and Services: some of our Services, data centers, service providers, affiliates or operating partners and servers may be located in other countries. As such, the Website and Services may be subject to the laws of numerous countries and jurisdictions, some of which may require us to disclose certain information about our users. We are committed to keeping your information private, while using our best efforts to comply with all applicable laws in the jurisdiction(s) in which we operate.

A Word from Oxygen Forensics

Oxygen Forensics has a strong commitment to providing superior service to all of our customers and visitors and particularly respecting their concerns about privacy. We understand that you may have questions about how the Website and Services collect and use your information. Accordingly, we prepared this statement to inform you of the privacy principles that govern the Website and Services (the “Privacy Policy”). We will not sell or rent your personally identifiable information or a list of our customers to third parties. However, as described in more detail below, there are limited circumstances in which some of your information may be shared with third parties, under strict restrictions, so it is important for you to review this Privacy Policy.

This Privacy Policy contains numerous general and technical details about the steps we take to respect your privacy. We have organized this Privacy Policy by major processes and areas so that you can quickly link to the information of most interest to you. The bottom line is that meeting your needs and expectations forms the foundation of everything we do, including protecting your privacy.

Changes in Privacy Policy

We want you to always be aware of what personal and other information we collect, how we use that information, and under what circumstances we may disclose it. All personal information that we collect will be handled according to the Privacy Policy in effect at the time the information is collected. If the Privacy Policy changes in any significant respect in the meantime, we will not (without your permission) use your personal data in a manner that is inconsistent with the Privacy Policy in effect at the time your information was collected.

From time to time, we may find the need to make changes to this Privacy Policy. This Privacy Policy may be amended by Oxygen Forensics upon notice given through the Website or via e-mail. Please check the Privacy Policy published on this Website regularly to ensure that you are aware of all terms governing your use of this Website.

 

A. INFORMATION WE COLLECT

Information We Collect Through the Website

This Website does not collect personally identifiable information from your computer when you browse the Website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with personally identifiable information, we will not know your name, your e-mail address, or any other personally identifiable information.

When you request a page from our Website, our servers log the information provided in the HTTP request header, JavaScript or similar technical tools, including the IP number, the time of the request, the URL of your request and other information. We collect this information in order to make our Website function correctly and provide you the functionality that you see on the Website, as our servers use this information to deliver to you the pages on this Website. We also use this information to better understand how visitors use our Website and how we can better tune our Website, its contents, and functionality to meet your needs. However, this information is not associated with any personally identifiable information of persons browsing the Website.

When you use the Website, Oxygen Forensics or trusted third parties authorized by Oxygen Forensics may also collect certain technical and routing information about your computer (also known as environmental variables) to facilitate your use of the Website and the Services enabled thereby. When you browse the Internet, your Internet browser (such as Mozilla Firefox, Google Chrome, or Microsoft Internet Explorer) automatically transmits some information to Oxygen Forensics every time you access content on one of our internet domains. Examples of such information include the URL of the particular Web page you visited, the IP (Internet Protocol) address of the computer you are using, or the browser version that you are using to access the Website. All of this information may be collected by Oxygen Forensics and used to help improve our offerings to you.

User Content

User Account holders may be permitted to upload certain content onto the Website and Services (“User Content”). This information shall be private and, except in accordance with this Privacy Policy, will not be disclosed to third parties without your prior permission.

Providing Your Information to Oxygen Forensics

You never have to provide personally identifiable information to Oxygen Forensics. However, should you choose to withhold certain required information, Oxygen Forensics may not be able to provide you with some or all of the Services. Some of the information we ask you to provide may be identified as mandatory or optional. If you do not provide the mandatory information with respect to a particular activity, you may not be able to engage in that activity or make such a purchase. Oxygen Forensics will inform you of the mandatory or optional nature of the requested or required information.

Oxygen Forensics is the sole owner of the information it gathers on the Website and Services. Oxygen Forensics will only share your information with outside parties in ways that are described in this privacy statement or if we are required to do so by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, cooperate with law enforcement agencies, or comply with a legal process served on us and otherwise to comply with any current or future laws and regulations applicable to Oxygen Forensics.

You may be provided an opportunity on the Website to allow Oxygen Forensics to contact you from time to time regarding company news and product or Services updates. In order to do so, you may be required to provide certain personally identifiable information to Oxygen Forensics. Oxygen Forensics will treat this information in accordance with the policies set forth in this Privacy Policy.

When you submit personal information to Oxygen Forensics through the Website, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which Oxygen Forensics and its affiliates and subsidiaries maintain offices. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of Oxygen Forensics. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties.

Oxygen Forensics may establish relationships with various service providers whose services may become available to you from the Website or from other websites that are linked to the Website. Typically, these providers would offer services that Oxygen Forensics customers might find useful, such as those that can be used in conjunction with the Website and Services. In order to use these services, you may be required to provide personal information to the services providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider’s website will be subject to the privacy policy posted on such site, and personal information that you provide while on the Website in conjunction with a provider’s service will be subject to this Privacy Policy. For instances, credit card information entered as part of the filling out the purchase form or registration process is collected by the third parties’ registration services and subject to their respective privacy policies. You should be aware that our agreements with these service providers often provide that they will share with Oxygen Forensics personal information collected from you. In such instances, Oxygen Forensics may use this information in a manner consistent with this Privacy Policy.

Authorize.Net, PayPal, and any other third party payment service providers designated by Oxygen Forensics are responsible for payment information you provide through the Website, which will be subject to their respective privacy policies, such as:

User Account

When registering for a User Account or otherwise contacting Oxygen Forensics in connection with your interest in purchasing Oxygen Forensics products or services, Oxygen Forensics may ask you to provide certain information. Such information may include your name, e-mail, and other personally identifiable information. It is completely optional for you to register for a User Account or engage in activities requiring a User Account or provide any personal identifiable information. However, certain information and proper identification may be required in order for you to engage in a business relationship with Oxygen Forensics.

Once you create a User Account, you will be deemed a Registered User. You may also request to change information associated with you User Account by contacting us at [email protected].

If you wish to deactivate your User Account, you may contact us at [email protected]. When you deactivate your personal account, all information stored and maintained as part of your account may be retained for archival, backup and record purposes.

Third Party Websites and Service Providers

The Website may contain links to websites owned and operated by third parties. These links are presented for your convenience and information. Oxygen Forensics does not control these third party websites and is not responsible for their privacy practices or content. Oxygen Forensics does not control the information collection and distribution policies on such websites other than those that are under the control of Oxygen Forensics itself. Content on third party websites may not reflect products, services, and/or information provided by Oxygen Forensics. Third parties may also set their own cookies and/or use web beacons, which may be used to identify some of your preferences or to recognize you if you have previously had contact these third parties. Oxygen Forensics does not control the use of such technology by third parties, the information they collect, or how they use such information. You should direct all concerns regarding any third party website to the site administrator or webmaster of such website.

The Website includes social media features which are either hosted by a third party social media provider, such as Facebook or YouTube, or hosted directly on the Website. Your interactions with any third party social media feature(s) is governed by the privacy policy of the third party provider. Third party providers, including Facebook, may collect or receive information from your app and other apps and use that information to provide measurement services and targeted ads. To find instructions on how you can opt-out of the collection and use of information for ad targeting from Facebook, visit the Facebook Help Center.

Oxygen Forensics also uses third party advertising companies to serve ads when you visit the Website. These companies may use general information about your visits to the Website as well as other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and your choices as to not having your information used by these companies, please direct such concerns to the respective company’s administrator or webmaster, as detailed in Section A under “Targeting Cookies,” below.

Third Party Applications

Oxygen Forensics may make third party applications available to you through the Website or Services. The information collected by Oxygen Forensics when you enable a third party application is processed under this Privacy Policy. Information collected by the third party application provider is governed by the provider’s privacy policies.

Information Relating to Children

The Children’s Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children’s privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission (FTC) Website. The Oxygen Forensics Website and any Software or Services available on that site are not directed at children under 13 years of age and, therefore, COPPA does not apply. However, we recognize that children under the age of 13 may potentially access this Website and subscribe to the newsletter, purchase Software and Services, or download software programs. The collection of information is covered above. Parents and Legal Guardians may request from us to review, delete or stop the collection of the personally identifiable information of their child. You may do so by contacting us by letter (using the address found in Section E, below) or email to [email protected].

California Online Privacy Protection Act Notice

Oxygen Forensics does not track users over time and across third party websites to provide targeted advertising and therefore does use do not track (DNT) signals, however we do not respond to DNT requests. However, some third party sites may keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your web browser may allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

Oxygen Forensics does not authorize the collection of personally identifiable information by third parties and third parties cannot collect this information unless you provide it to them directly.

Cookies and Web Beacons

The Website uses “cookie” and “web beacon” technology. “Cookies” are short pieces of data generated by a web server that a website stores on a user’s computer. Certain pages on our Website may require the use of a cookie for purposes of keeping information you enter on multiple pages together. Cookies also enable us to customize our Website and offerings to your needs and provide you with a better online experience with us. In addition, cookies are used to:

  • measure usage of various pages on our Website to help us make our information more pertinent to your needs and easier for you to access;
  • identify and categorized the internet webpages from which the visitor came to the Website and in order to observe browsing patterns; and
  • provide functionality such as online orders, Oxygen Forensics services and other functionality that we believe would be of interest and value to you.

The types of cookies that we use are referred to as “session” cookies and “persistent” cookies. Session cookies are temporary and are automatically deleted once you leave the Website. Persistent cookies remain on your computer hard drive until you delete them. We do not use cookies to gather information concerning your visits to other websites, nor ascertain any personally identifiable information about you apart from what you voluntarily provide us in your dealings with Oxygen Forensics. Cookies do not, under ordinary circumstances, corrupt or damage your computer, programs, or computer files.

In addition, the service providers we use to serve and host our advertisements, and/or deliver our e-mails use session and persistent cookies, to track the number of times the Website is accessed and whether the site was accessed from an advertisement. There are no cookies in the advertisements or e-mails. A cookie is placed on your computer only if and when you click on an advertisement or open the e-mail. The cookie generated from the advertisement or e-mail does not contain any personally identifiable information and will remain on your hard drive until you delete it.

You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so may adversely affect your ability to perform certain transactions, use certain functionality and access certain content on our Website.

Web beacons are used in combination with cookies to help website operators understand how visitors interact with their websites. A web beacon is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a website. As opposed to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. These web beacons are not tied to personally identifiable information. The use of a web beacons allows the site to measure the actions of the visitor opening the page that contains the web beacon. It makes it easier to follow and record the activities of a recognized browser, such as the path of pages visited at a website. Oxygen Forensics uses the information provided by web beacons to develop a better understanding of how the Website’s visitors use the Website, and to facilitate those visitors’ interactions with the Website. Oxygen Forensics may make the aggregate data obtained from web analytics (including from our third party analytics providers, if applicable) publicly available. If this data is made available, none of the information will be personally identifying information or potentially-personally identifying information.

Targeting Cookies

Unless you are a Qualified Individual (as further described in this Privacy Policy), Oxygen Forensics uses targeting cookies to record your Website visits, the pages you visited and the links you followed. Oxygen Forensics may use this information and share it with third parties to make the Website and advertising more relevant to you.

Our trusted partners, such as Facebook and Mailchimp, help Oxygen Forensics to place advertisements on and off the Website, and perform analytics. Please follow the links and read Oxygen Forensics current partners’ privacy policies below:

 

 

Oxygen Forensics uses Meltwater analytics to analyze Website usage, with a performance cookie, which collects standard internet log and visitor information in an anonymized form. The information collected is transmitted to Meltwater and then used to compile aggregate information on Website use. These cookies remain on your device even after you have logged out of the session. Oxygen Forensics also uses Facebook, Instagram, LinkedIn, and Twitter to oversee online advertisements and to determine which advertisements users click on and respond to frequently. These cookies remain on your device even after you have logged out of the session. To opt-out of being tracked by any of Oxygen Forensics’ trusted partners, please follow the links above to learn how each respective partner may track your online usage.

We may partner with third-party advertisers to provide information about its goods and services that may be of interest to you. These third party advertisers may use cookies alone and/or web beacons or other tracking technologies to collect information about you when you use the Website. They may collect information about your online activities over time and across different websites and other online services. They may use this information to provide you with relevant advertising or other targeted content. These advertising partners do not have access to or use of your name, address, email address, telephone number or other personally identifiable information from Oxygen Forensics, without your consent. They may use persistent identifiers to anonymously track your Internet usage across other websites in their networks beyond the Website. While Oxygen Forensics restricts their further use of such information, such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to Oxygen Forensics. Oxygen Forensics may add or change the list of third party ad servers from time to time and we encourage you to regularly check Section A for changes. To learn more about how online advertising works visit and read the article “Understanding Online Advertising.”

 

B. USE AND DISCLOSURE OF INFORMATION

How Your Personal Information is Used

Oxygen Forensics collects information from you in order to record and support your participation in the activities provided by Oxygen Forensics. We may use your e-mail address to send a confirmation e-mail when you sign up for a User Account and, if necessary, may use other information you provide to contact you for help to process the purchase or service you have selected. Your personal information also may be used to keep you informed about our new services, service upgrades, special offers, and other Services by email or other forms of communication.

As described above, Oxygen Forensics may collect information about your use of the Website and Services. This information is collected in aggregate form, without identifying any user individually. Oxygen Forensics may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

Oxygen Forensics recognizes and appreciates the importance of responsible use of information collected on this Website. Without your consent, Oxygen Forensics will not communicate any information to you regarding the Website, Services, or special offers available from Oxygen Forensics or its affiliates, although we may find it necessary to communicate with you regarding your use of the Website, or Services in certain limited circumstances. Except in the particular circumstances described in this Privacy Policy, Oxygen Forensics will also not provide your name to other companies or organizations without your consent.

Disclosure of Information to Third Parties

Although we will always strive to guard your identity, we may disclose your personally identifiable information without your permission in limited circumstances. We will only do so if we have a good-faith belief that disclosure is reasonably necessary to (1) comply with laws, regulations, or government requests or (2) to investigate or protect against harmful activities to our guests, visitors, associates, or property (including the Website or Services), or to others. If we are required by law enforcement or judicial authorities to provide your personally identifiable information, we will only do so upon receipt of appropriate documentation. We may also disclose your information to investigate violation of and enforce our Terms of Service. Please know that we do not take this responsibility lightly. Your privacy is of paramount importance to us.

Oxygen Forensics does use the services of third parties, such as e-mail service providers, purchase, shipping and order processing merchants and marketing companies that act as independent contractors on behalf of Oxygen Forensics. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose Oxygen Forensics specifies and are expected to provide the same level of protection for personal information as required by the EU-US Privacy Shield Principles. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. We prohibit the sale or transfer of personal information to entities outside of the Oxygen Forensics’ affiliates for their use without your approval.

Securing the Transmission and Storage of Information

Oxygen Forensics operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our users. Oxygen Forensics takes steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from the Website or Services. Your use of the Website and Services is at your own risk.

We treat the information you provide to us as confidential information; it is, accordingly, subject to our company’s security procedures and corporate policies regarding protection and use of confidential information. After personally identifiable information reaches Oxygen Forensics it is stored on a server with physical and electronic security features as customary in the industry, including utilization of login/password procedures and electronic firewalls designed to block unauthorized access from outside of Oxygen Forensics. Because laws applicable to personal information vary by country, our offices or other business operations may put in place additional measures that vary depending on the applicable legal requirements. Information collected on the sites covered by this Privacy Policy is processed and stored in the United States and possibly other jurisdictions and also in other countries where Oxygen Forensics and its service providers conduct business. All Oxygen Forensics employees are aware of our privacy and security policies and are required by Oxygen Forensics to abide by these policies. Your information is only accessible to those employees who need it in order to perform their jobs.

Change of Control

In the event that all or substantially all of Oxygen Forensics’ stock and/or all or substantially all assets are transferred or sold to another entity, Oxygen Forensics may transfer personally identifiable information to the acquiring entity. If, as a result of such a business transition, your personally identifiable information will be used in a materially different manner, you will be given notice and the opportunity to give consent pursuant to our policy regarding notification of changes.

 

C. DATA CHOICES AVAILABLE TO YOU

Opt-In and Disclosure

You can always choose whether or not to disclose personally identifiable information and that choice will not prevent you from using the Website and having limited access to the Website and Services. Please note, however, if you should choose to withhold certain requested information, we may not be able to provide you with some of the Services dependent upon the collection of this information and you will be given an opportunity to “opt-in” and make your preference choices for any items that are optional and which are not a prerequisite for our rendering such Services.

Opt-Out Options

You can choose at any time to opt-out of receiving emails from Oxygen Forensics by clicking the unsubscribe link at the bottom of any email you receive from Oxygen Forensics or by contacting Oxygen Forensics directly at [email protected]. If you elect to opt-out, we will not, as applicable, share your personal information with third parties or send you emails. However, we may continue to use your personal information for internal purposes, to enhance your user experience or as necessary to administer the site or comply with applicable law.

Registration Email and Contact by Oxygen Forensics

We reserve the right to send a one-time registration confirmation email, and infrequent service alert messages to users to inform you of specific changes that may impact your ability to use a service that you have previously signed up for, regardless of email contact opt-in status. We also reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty, or purchase agreements.

Oxygen Forensics is retaining these rights because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters that will be important to you. These rights do not allow us to contact you to market a new or existing Service if you have asked us not to do so, and issuance of these types of communications is rare.

User Account Preferences

When you create a User Account with Oxygen Forensics and/or provide your email address and other personal identification information, based on your personal preferences, we may periodically contact you via email and provide information about special offers and promotions that may be of interest to you. These communications will relate to Oxygen Forensics’ offers and/or the promotions of select, reputable third parties with whom we have a strategic marketing relationship because they offer products or services that Oxygen Forensics believes would be of interest to you. We may use a third-party email service provider to send emails to you. This service provider is prohibited from using your email address for any purpose other than to send Oxygen Forensics-related emails. If you do not wish to receive emails with updates and information please unsubscribe by sending an email to [email protected]. In addition, every time you receive an email, you will be provided the choice to “opt-out” of future emails by following the instructions provided in the email. You may also opt-out online by updating your User Account as described under “User Account” in Section A above.

If you wish to opt-out of receiving emails, the sharing or retention of any personal identification information, or otherwise change your personal preferences, you must contact Oxygen Forensics at [email protected].

To ensure that your request is honored, you must provide Oxygen Forensics with information sufficient for us to accurately identify and access your records. The information we require is your full name, address and the email address you provided to Oxygen Forensics when you requested Services or Software. Oxygen Forensics reserves the right to contact you to verify that we have accurately identified your record.

 

D. RIGHTS OF EUROPEAN USERS UNDER THE GDPR

Oxygen Forensics complies with the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”). If you are a natural person (“Qualified Individual”) of the European Union within the meaning of the GDPR, you are afforded certain additional rights by the GDPR as further described within this Section D.

Data Controller

When and if Oxygen Forensics receives your personal information directly from you through its Website, it performs the functions of a Data Controller, as defined by the GDPR, and has the ability to determine how personal data is collected, for what purposes, and how this data is to be processed. As the controller, Oxygen Forensics has implemented many technical and operational measures to ensure the most complete protection of personal data processed through its Website, and Services. Contact information for the Data Protection Officer can be found in Section E, below.

Data Processor

Oxygen Forensics processes your data in accordance with this Privacy Policy. Oxygen Forensics uses industry standard safeguards to secure your information. When and if Oxygen Forensics acts as a Processor for you (you being the Controller), it shall be done pursuant to a separate written agreement.

Consent

If you are a Qualified Individual, consents concerning your personal information are handled in compliance with the GDPR. Where and if consent requirements under this Privacy Policy conflict with the GDPR, the GDPR prevails if the regulation applies to you.

 

Legal Basis for Processing

Article 6(1)(a) of the GDPR serves as the legal basis for processing operations for which we obtain consent for a processing purpose. If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, when processing operations are necessary to provide a service, the processing is based on Article 6(1)(b). The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. If our company is subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1)(c). If the processing of personal data may be necessary to protect your vital interests or of another natural person, then the processing is based on Art. 6(1)(d). Finally, processing operations could be based on Article 6(1)(f), if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by your fundamental rights and freedoms under the GDPR.

GDPR Rights:

  1. Right of Confirmation

You may obtain confirmation of whether or not your personal data is being processed. If you wish to exercise your right of confirmation, you may contact Oxygen Forensics and/or its Data Protection Officer.

  1. Right of Access

You may obtain from information about your stored personal data at any time and a copy of this information. If you wish to exercise your right of access, you may contact Oxygen Forensics, and/or its respective Data Protection Officer.

  1. Right to Rectification

You may request the rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, by means of providing a supplementary statement. If you wish to exercise your right of rectification, you may contact Oxygen Forensics and/or its respective Data Protection Officer, as outlined in Section E, below.

  1. Right to Erasure (Right to be Forgotten)

You may request the erasure of your personal information by contacting Oxygen Forensics and/or its respective Data Protection Officer. Furthermore, you may delete your User Account information by accessing your User Account settings page on the Application(s). Please note that while any changes you make will be reflected in active user databases within a reasonable time, we may retain all information you submit for the prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so, such as for archiving purposes within the public interest.

  1. Right of Restriction of Processing

You have the right to restrict processing where one of the following applies:

  • The accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data.
  • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
  • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
  • The data subject has objected to processing pending the verification whether the legitimate grounds of the controller override those of the data subject.
  1. Right of Data Portability

You may request to receive your personal data in a structured, commonly used and machine-readable format. You have the right to transmit this data to another controller without interference.

Furthermore, you may have the personal data transmitted directly from one controller to another, where technically feasible and does not adversely affect the rights and freedoms of others.

  1. Right to Object to Automated Decision Making

You may object to decisions based solely on automated processing, including profiling, which produces legal effects or similarly significantly affects you, as long as the decision is not is necessary for entering into, or performance of, a contract between you and Oxygen Forensics; or is not authorized by European Union or Member State law to which you are subject; or is not based on the data subject’s explicit consent.

  1. Right to Object to Processing

You may object to the processing of your personal data by contacting our Data Protection Officer outlined in Section E, below, unless there are legitimate grounds for the processing within the public interest, or for the establishment, exercise or defense of legal claims.

If Oxygen Forensics processes personal data for direct marketing purposes, you shall have the right to object at any time to the processing of your personal data for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to Oxygen Forensics to the processing for direct marketing purposes, then we will no longer process the personal data for these purposes.

Retention Policy

We only retain personally identifiable information about you for as long as your User Account remains active or for a limited period of time as long as we need it to provide you with Services or otherwise fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, archival purposes, resolve disputes, and enforce our agreements.

Cross Border Data Transfers; Storage

If and when sharing of information involves cross-border data transfers, for instance to the United States of America and other jurisdictions, Oxygen Forensics uses EU Standard Contract Clauses and other suitable safeguards to permit data transfers from the EU to other countries. Where the Applications allow for users to be located in the European Union, their personal information may be transferred to countries outside of the EU. The Standard Contractual Clauses commit companies transferring and receiving your personal information to protecting the privacy and security of your data.

As a necessary part of Oxygen Forensics Services, any information you provide may be transferred to and stored on servers that may be outside of the European Economic Area (EEA). Oxygen Forensics’ current server infrastructure is provided by Amazon Web Services, Inc. (AWS), A2Hosting, and Bluehost. Respectively, these partners’ servers are located in Virginia, USA; Michigan, USA; and Utah, USA, though these locations may change from time to time. Oxygen Forensics uses these partners’ hosting services because they all participate in the EU-US Privacy Shield and we trust their operations will always hold your personal information securely. As always, whenever Oxygen Forensics transfers or stores your data it takes steps to help ensure that your data and privacy rights continue to be protected in accordance with applicable laws and this Privacy Policy. To learn more about Oxygen Forensics’ current hosting partners, visit their respective links: AWS Privacy Policy; A2Hosting Privacy Policy; and Bluehost Privacy Policy.

 

E. PRIVACY-RELATED INQUIRIES AND COMPLAINTS

Oxygen Forensics takes and addresses its users’ privacy concerns with the utmost respect and attention. Oxygen Forensics will personally investigate and attempt to resolve all complaints regarding use and disclosure of your personal information by reference to the principles of this Privacy Policy. If you believe that there was an instance of non-compliance with this Privacy Policy with regard to your personal information (an inquiry) or you would like to make or follow-up on a complaint, please contact Oxygen Forensics at:

Oxygen Forensics, Inc.

Data Protection Officer: Mr. Lee Reiber

Email: [email protected]

ATTN: Privacy Matter

Mailing Address: 901 N. Pitt Street, STE 100

Alexandria, VA 22314

In your message, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the Oxygen Forensics Online Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly.

Please note that if you provide Oxygen Forensics with inconsistent privacy preferences (for example, by indicating on one occasion that third parties may contact you with marketing offers and indicating on another occasion that they may not), Oxygen Forensics cannot guarantee that your most recent privacy preference will be honored.

Oxygen Forensics is committed to cooperate with the panel established by the EU Data Protection Authorities (DPA) with regard to unsolved Privacy Shield Complaints concerning data transferred from the EU. If you are a Qualified Individual, you may lodge a free complaint with the DPA in the country where you reside if you are unsatisfied with how your complaint is handled by Oxygen Forensics. If you are an EU resident, you can find your DPA by visiting the European Commission Website on Data Protection Authorities, selecting the country in which you reside, and following the links provided to make a complaint.

F.         PRIVACY SHIELD POLICY

EU-US Privacy Shield Principles

Oxygen Forensics’ Privacy Policy also adheres to the EU-US Privacy Shield Framework (“Framework”) as set forth by the U.S. Department of Commerce regarding the processing of personal data transferred from the European Union to the United States. This Framework further outlines Oxygen Forensics’ practices for collecting, disclosing, maintaining, using and protecting your personal information. Oxygen Forensics is currently self-certifying with the Department of Commerce that it intends to adhere to the Privacy Shield Principles. Should there be a conflict between Oxygen Forensics’ Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Click the following link to view the current Privacy Shield List of Participants.

In compliance with the EU-US Privacy Shield Principles, Oxygen Forensics is committed to resolve complaints about your privacy and its collection or use or your personal information. As outlined in Section A, above, Oxygen Forensics may use some third party services in order to provide You with functionality and services pertaining to Your use of the Website and Services. In the case of onward transfers to these third parties, Oxygen Forensics may be liable for breaches of personal information regarding such transfers. However, all third party agents or contractors used by Oxygen Forensics will be similarly held to provide at minimum the same level of protection of personal information as required by the EU-US Privacy Shield Framework. Should you be a Qualified Individual and have an inquiry or complaint concerning Oxygen Forensics’ Privacy Policy or use of your personal data, you should follow the procedures as outlined in Section E, above.

Under certain limited conditions, you may be able to invoke binding arbitration as provided under the Privacy Shield Framework to address an otherwise unresolved complaint.

 

 

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