CyberFOX Privacy Policy

We’re Serious About Your Privacy. This Privacy Policy describes our practices with respect to the collection, use and disclosure of Your information when You use the Services and tells You about Your privacy rights and choices.

We use Your Personal Data to provide and improve the Services. By using the Services, You agree to the collection, use and disclosure of Your information in accordance with this Privacy Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR SERVICES. BY USING OUR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO OUR TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY OUR TERMS, INCLUDING THIS PRIVACY POLICY. IF YOU DO NOT WANT YOUR INFORMATION USED OR DISCLOSED IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, OR IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION IN OUR TERMS, INCLUDING THIS PRIVACY POLICY, THEN YOU MUST NOT ACCESS OR USE OUR SERVICES (IN WHOLE OR IN PART) OR SUBMIT YOUR INFORMATION TO US.

NOTICE AT COLLECTION FOR CALIFORNIA RESIDENTS: If You are a California resident, please see the CCPA/CPRA Privacy Notice below.

Interpretation and Definitions

Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Services or parts of our Services.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
• CCPA and/or CPRA refers to California Consumer Privacy Act (the “CCPA”) as amended by the California Privacy Rights Act of 2020 (the “CPRA”).
• Company (referred to as either “the Company”, “we”, “us” or “our” in this Privacy Policy) refers to CyberFox, LLC, 4925 Independence Parkway, Suite 400, Tampa, FL 33634. For the purpose of the GDPR, the Company is the Data Controller.
• Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website.
• Data Controller, for the purposes of the GDPR, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• Device means any device that can access the Services such as a computer, a cellphone or a digital tablet.
• GDPR refers to EU General Data Protection Regulation.
• Personal Data is any information that relates to an identified or identifiable individual.
• Services means the Website (and its related domains), the services and products provided or accessed through the Website, any email notifications or other mediums.
• Service Provider means any natural or legal person who processes the data on behalf of the Company.
• Usage Data refers to data collected automatically, either generated by the use of the Services or from the Services infrastructure itself.
• Website refers to our website accessible from https://www.cyberfox.com/.
• You or Your means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using our Services, we may ask You to provide us with certain personally identifiable information, which may include: email address; first and last name; phone number; address (state, province, ZIP/postal code, city); and usage data.

Usage Data

Usage Data is collected automatically when using the Services. Usage Data may include information such as Your Device’s IP address, browser type and version, the pages of our Services that You visit, the time and date of Your visit, time spent on those pages, unique device identifiers and other diagnostic data.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on our Services and store certain information. Technologies include browser cookies and web beacons. We use both Session and Persistent Cookies, including Necessary/Essential, Notice Acceptance, Functionality, Tracking & Performance, and Targeting & Advertising Cookies. Learn more about cookies at https://www.cyberfox.com/policies/cookies/.

Use of Your Personal Data

The Company may use Personal Data to: provide and maintain the Services; manage Your Account; perform contracts; contact You; provide news, offers and information; manage Your requests; deliver targeted advertising; evaluate or conduct business transfers; and for data analysis and improvement of the Services.

We may share Your personal information with: Service Providers; in connection with Business Transfers; with Affiliates; with business partners; with other users where You interact publicly; and with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. The Company will take all steps reasonably necessary to ensure that Your data is treated securely.

Delete Your Personal Data

You have the right to delete or request that we assist in deleting the Personal Data that we have collected about You. You may update, amend, or delete Your information at any time by signing in to Your Account, or by contacting us.

Disclosure of Your Personal Data

Business Transactions, Law enforcement, Other legal requirements: The Company may disclose Your Personal Data in connection with Business Transfers, when required by law, or in good faith belief that disclosure is necessary to comply with a legal obligation, protect rights or property of the Company, prevent or investigate possible wrongdoing, protect the personal safety of users, or protect against legal liability.

Security of Your Personal Data

The security of Your Personal Data is important to us, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect Your Personal Data, we cannot guarantee its absolute security.

Information on the Processing of Your Personal Data

The Service Providers we use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on our Services in accordance with their Privacy Policies. You have the right to opt out of the disclosure of your personal data to third parties or the use of your data for purposes that are materially different from those for which it was originally collected or subsequently authorized by you. To exercise these rights, please contact us at privacy@cyberfox.com.

Analytics

We may use third-party Service Providers including Google Analytics to monitor and analyze the use of our Services.

Advertising

We may use Service Providers including Google AdSense & DoubleClick Cookie and LinkedIn to support and maintain our Services.

Email Marketing

We may use Your Personal Data to contact You with newsletters and marketing or promotional materials. You may opt-out at any time. We may use Email Marketing Service Providers including HubSpot.

Payments

We will not store or collect Your payment card details. We may use the following third-party payment processors: Apple Store In-App Payments, Google Play In-App Payments, Stripe, and 2Checkout. These payment processors adhere to PCI-DSS standards.

Behavioral Remarketing

The Company uses remarketing services, including Google Ads (AdWords), to advertise to You after You have accessed or visited our Services. You may opt out via the NAI, EDAA, and DAA opt-out platforms, or via Google Ads Settings.

Do Not Track Requests: Since uniform standards for “DNT” signals have not been adopted, our Services do not currently process or respond to “DNT” signals.

GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions: Consent; Performance of a contract; Legal obligations; Vital interests; Public interests; and Legitimate interests.

Your Rights under the GDPR

You have the right to: request access to Your Personal Data; request correction; object to processing; request erasure; request the transfer of Your Personal Data; and withdraw Your consent.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting us. You have the right to complain to a Data Protection Authority about our collection and use of Your Personal Data.

EU-US, UK-US, and Swiss-US Data Privacy Framework

CyberFOX complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) set forth by the U.S. Department of Commerce. CyberFOX has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. CyberFOX has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program and to view our certification, please visit: https://www.dataprivacyframework.gov/.

With respect to personal data received or transferred under the Data Privacy Frameworks, CyberFOX is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.

CyberFOX is responsible for the processing of personal data it receives under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF and that it subsequently transfers to a third party acting as an agent on its behalf. CyberFOX complies with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF Principles for all onward transfers of personal data from the EEA, the United Kingdom, and Switzerland — including the onward transfer liability provisions.

Contact CyberFOX with any inquiries or complaints

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, CyberFOX commits to resolving DPF Principles-related complaints about our collection and use of your personal information. EU and UK individuals and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact CyberFOX at 813-578-8200 or email privacy@cyberfox.com.

Dispute Resolution

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, You commit to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to TRUSTe, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://feedback-form.trustarc.com/watchdog/ for more information or to file a complaint. These dispute resolution services are provided at no cost to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction for more information on this process.

Operation of our Services in the United States

Our Services are operated in the United States of America. As a result, the information we collect will be used and disclosed as described in this Privacy Policy in the U.S., as well as in other countries if You access our Services outside of the U.S.

Your State Privacy Rights

This section is relevant only to residents of certain U.S. states that have their own data privacy laws and regulations. California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to: confirm whether we process their personal information; access and delete certain personal information; correct inaccuracies; data portability; opt-out of processing for targeted advertising, sales, or certain profiling; and either limit or require consent to process sensitive personal data.

To exercise any of these rights please email us at privacy@cyberfox.com. To appeal a decision regarding a consumer rights request please email us at privacy@cyberfox.com or mail us a letter to 4925 Independence Parkway, Suite 400, Tampa, FL 33634.

Nevada law permits our users who are Nevada consumers to request that their personal data not be sold. Requests may be sent to privacy@cyberfox.com and are free of charge.

CCPA/CPRA Privacy Notice / Notice at Collection for California Residents

This section for California residents supplements the information in our Privacy Policy and applies solely to visitors, users and others who reside in California.

Categories of Personal Information Collected

The following CCPA/CPRA categories may have been collected from California residents within the last 12 months:

• Category A — Identifiers: Collected.
• Category B — California Customer Records personal information: Collected.
• Category C — Protected classification characteristics: Not collected.
• Category D — Commercial information: Collected.
• Category E — Biometric information: Not collected.
• Category F — Internet or other similar network activity: Collected.
• Category G — Geolocation data: Collected.
• Category H — Sensory data: Not collected.
• Category I — Professional or employment-related information: Not collected.
• Category J — Non-public education information: Not collected.
• Category K — Inferences drawn from other personal information: Not collected.
• Category L — Sensitive personal information: Not collected.

Under the CCPA/CPRA, personal information does not include publicly available information from government records, deidentified or aggregated consumer information, or information excluded from the CCPA/CPRA’s scope (such as HIPAA/CMIA-covered information, GLBA/FIPA-covered information, FCRA-covered information, and Driver’s Privacy Protection Act information).

Sources of Personal Information

We obtain personal information directly from You, indirectly from You, automatically from You (via cookies), and from Service Providers.

Use of Personal Information

We may use or disclose personal information for business purposes including: operating our Services; providing support; fulfilling the reason You provided the information; responding to law enforcement requests; internal administrative and auditing purposes; detecting security incidents; and other one-time uses.

Disclosure and Sharing of Personal Information

In the last 12 months we may have disclosed Categories A, B, D, F, and G for business or commercial purposes. We share with Service Providers, payment processors, our affiliates, business partners, and third-party vendors authorized by You.

Sale of Personal Information

We do not sell personal information as the term sell is commonly understood. However, we do allow Service Providers to use Your personal information for business purposes (advertising, marketing, analytics), and these activities may be deemed a sale under the CCPA/CPRA. In the last 12 months, the following categories may have been “sold” under that definition: A, B, D, F, and G.

Sale of Personal Information of Minors Under 16 Years of Age

We do not knowingly collect, share or sell personal information from minors under the age of 16. If You have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.

Your Rights under the CCPA/CPRA

California residents have the rights to: notice; know/access; opt-out of sale or sharing; correct personal data; limit use and disclosure of sensitive personal data; delete personal data; and not be discriminated against for exercising any of these rights.

Other California Privacy Rights

California’s “Shine the Light” law permits California residents to request information regarding our disclosure of personal information to third parties for direct marketing purposes. Send requests to privacy@cyberfox.com or write to: Attn: Privacy Request, CYBERFOX, LLC, 4925 Independence Parkway, Suite 400, Tampa, FL 33634.

Exercising Your CCPA/CPRA Data Protection Rights

How to Exercise: Submit a verifiable consumer request via email (privacy@cyberfox.com), our website (https://www.cyberfox.com/contact/), or postal mail (4925 Independence Parkway, Suite 400, Tampa, FL 33634).

General Requirements: You may make a verifiable consumer request for access or data portability twice within a 12-month period. The request must provide sufficient information to reasonably verify Your identity and describe the request with sufficient detail.

Response Timing and Format: We will confirm receipt within ten (10) business days and endeavor to respond within forty-five (45) days, with an extension of up to another 45 days where needed. We do not charge a fee unless the request is excessive, repetitive, or manifestly unfounded.

Do Not Sell My Personal Information

You have the right to opt-out of the sale of Your personal information. To exercise this right, contact us at legal@cyberfox.com. You may also opt-out by using an opt-out preference signal such as the Global Privacy Control (GPC) on Your browser (see https://globalprivacycontrol.org/orgs). You can also opt-out via the NAI, EDAA, and DAA opt-out platforms.

Mobile Devices

Your mobile device may give You the ability to opt out of the use of information about the apps You use (“Opt out of Interest-Based Ads”/”Opt out of Ads Personalization” on Android; “Limit Ad Tracking” on iOS).

Limit the Use or Disclosure of My Sensitive Personal Information

If You are a California resident, You have the right to limit the use and disclosure of Your sensitive personal information to that which is necessary to perform the services or provide the goods reasonably expected. Contact us at privacy@cyberfox.com for more information.

“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)

Our Service does not respond to Do Not Track signals. However, some third-party websites do track your browsing activities. You can set your preferences in your web browser to inform them that you do not want to be tracked.

Your California Privacy Rights (California’s Shine the Light Law)

Under California Civil Code Section 1798, California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes. Contact us using the information below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code Section 22581 allows California residents under 18 who are registered users of online sites, services, or applications to request and obtain the removal of content or information they have publicly posted. If you are a California resident and wish to request the removal of such data, you can contact us using the contact information below. Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Children’s Privacy

Our Services are not available for, or directed to, anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If we become aware that we have collected Personal Data from anyone under the age of 13 without verification of parental consent, we take steps to remove that information from our servers.

Links to Other Websites

Our Services may contain links to other websites that are not operated by Us. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any material changes by posting the new Privacy Policy on this page. We will let You know of material changes by prominent notice via our Services, prior to the change becoming effective, and update the “Last Updated” date at the top of this Privacy Policy.

Contact Us

If You have any questions about this Privacy Policy, you can contact us by email: privacy@CyberFOX.com.