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Privacy

A. General Information

When does this Privacy Statement apply? This Privacy Statement applies to Personal Data that you provide to Axosnet or which is derived from the Personal Data as outlined below. The use of and any information that is gathered by cookies or other web tracking technologies is subject to the disclosures and options provided by the TrustArc Consent Manager which can be found on the relevant website.

Data Controller. The data controller of www.axosnet.com is Axosnet Ltd Co. 1021 Main St 1150 Houston, TX 77002, USA (“Axosnet”). Where a registration form is presented on this website, the data controller may vary depending on the actual offering or the purpose of the data collection but it is in any case displayed on the individual registration form’s privacy statement.

What does Axosnet do with my Personal Data? Axosnet will process the Personal Data provided hereunder only as set out in this Privacy Statement. Further information can be found in Sections B. and C. below. Where the processing of your Personal Data is based on a statutory permission, you can find information on which Personal Data Axosnet is processing or using for which purposes in Section B below. Where consent for the processing of your Personal Data is required you can find further information in Section C. below.

Duration of processing of Personal Data. Where Axosnet is processing and using your Personal Data as permitted by law (see B. below) or under your consent (see C. below), Axosnet will store your Personal Data (i) only for as long as is required to fulfil the purposes set out below or (ii) until you object to Axosnet’s use of your Personal Data (where Axosnet has a legitimate interest in using your Personal Data), or (iii) until you withdraw your consent (where you consented to Axosnet using your Personal Data). However, where Axosnet is required by mandatory law to retain your Personal Data longer or where your Personal Data is required for Axosnet to assert or defend against legal claims, Axosnet will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.

Why am I required to provide Personal Data? As a general principle, your granting of any consent and your provision of any Personal Data hereunder is entirely voluntary; there are generally no detrimental effects on you if you choose not to consent or to provide Personal Data. However, there are circumstances in which Axosnet cannot take action without certain Personal Data, for example because this Personal Data is required to process your orders or provide you with access to a web offering or newsletter. In these cases, it will unfortunately not be possible for Axosnet to provide you with what you request without the relevant Personal Data.

Where will my Personal Data be processed? As part of a global group of companies, Axosnet has affiliates and third-party service providers within as well as outside of the United States of America (“USA”). As a consequence, whenever Axosnet is using or otherwise processing your Personal Data for the purposes set out in this Privacy Statement, Axosnet may transfer your Personal Data to countries outside of the USA including to such countries in which a statutory level of data protection applies that is not comparable to the level of data protection within the USA.

Data subjects’ rights. You can request from Axosnet at any time information about which Personal Data Axosnet processes about you and the correction or deletion of such Personal Data. Please note, however, that Axosnet can delete your Personal Data only if there is no statutory obligation or prevailing right of Axosnet to retain it. Kindly note that if you request that Axosnet delete your Personal Data, you will not be able to continue to use any Axosnet service that requires Axosnet´s use of your Personal Data.

If Axosnet uses your Personal Data based on your consent or to perform a contract with you, you may further request from Axosnet a copy of the Personal Data that you have provided to Axosnet. In this case, please contact the email address below and specify the information or processing activities to which your request relates, the format in which you would like this information, and whether the Personal Data is to be sent to you or another recipient. Axosnet will carefully consider your request and discuss with you how it can best fulfill it.

Furthermore, you can request from Axosnet that Axosnet restricts your Personal Data from any further processing in any of the following events: (i) you state that the Personal Data Axosnet has about you is incorrect, (but only for as long as Axosnet requires to check the accuracy of the relevant Personal Data), (ii) there is no legal basis for Axosnet processing your Personal Data and you demand that Axosnet restricts your Personal Data from further processing, (iii) Axosnet no longer requires your Personal Data but you claim that you require Axosnet to retain such data in order to claim or exercise legal rights or to defend against third party claims or (iv) in case you object to the processing of your Personal Data by Axosnet (based on Axosnet’s legitimate interest as further set out in B. below) for as long as it is required to review as to whether Axosnet has a prevailing interest or legal obligation in processing your Personal Data.

Please direct any such request to privacy@axosnet.com

Right to lodge a complaint. If you believe that Axosnet is not processing your Personal Data in accordance with the requirements set out herein or applicable USA data protection laws, you can at any time lodge a complaint with the data protection authority of the USA.

Use of this website by children. This website is not intended for anyone under the age of 16 years. If you are younger than 16, you may not register with or use this website.

Links to other websites. This website may contain links to foreign (meaning non- Axosnet Group companies) websites. Axonset is not responsible for the privacy practices or the content of websites outside the Axosnet Group of companies. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.

B. Where Axosnet uses My Personal Data based on the Law

In the following cases, Axosnet is permitted to process your Personal Data under the applicable data protection law.

Providing the requested goods or services. If you order goods or services from Axosnet, Axosnet will use the Personal Data that you enter into the order or registration form (usually (a subset of) your name, (email) address, telephone number, company name and address, your job title and role and, if payment is to be made to Axosnet, credit card number or bank details) only to process your order or to provide the requested goods or services. This may include taking the necessary steps prior to entering into the contract, responding to your related inquiries, and providing you with shipping and billing information and to process or provide customer feedback and support. This may also include conversation data that you may trigger via the chat functionalities on axosnet.com or other local Axosnet web presences, contact forms, emails, or telephone. In this Privacy Statement, “goods and services” includes (access to) Axonset’s web services, offerings, contests, sweepstakes, other content, non-marketing related newsletters, whitepapers, tutorials, trainings and events.

If you participate in tutorials or trainings provided by Axosnet, Axosnet may also track your learning progress in order to make this information available to you. Furthermore, we communicate on a regular basis by email with users who subscribe to our services, and we may also communicate by phone to resolve customer complaints or investigate suspicious transactions. We may use your email address to confirm your opening of an account, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, which are not marketing-related but merely required for the relevant business relationship. With regard to marketing-related types of communication (i.e. emails and phone calls), Axosnet will (i) where legally required only provide you with such information after you have opted in and (ii) provide you the opportunity to opt out if you do not want to receive further marketing-related types of communication from us.

Ensuring compliance. Axosnet and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States of America. You acknowledge that, pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, Axosnet is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain products, technologies, and services through Axosnet’s websites or other delivery channels controlled by Axosnet. This may include (i) automated checks of any user registration data as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (iii) blocking of access to Axosnet’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in case of a potential match.

Furthermore, you acknowledge that any information required to track your choices regarding the processing or use of your Personal Data or receipt of marketing materials (that is to say, depending on the country in which the relevant Axosnet Group company operates, whether you have expressly consented to or opted out of receiving marketing materials) may be stored and exchanged between members of the Axosnet Group as required to ensure compliance.

Axosnet’s legitimate interest. Each of the use cases below constitutes a legitimate interest of Axosnet to process or use your Personal Data. If you do not agree with this approach, you may object against Axosnet´s processing or use of your Personal Data as set out below.

Questionnaires and surveys. Axosnet may invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any Personal Data. If you nonetheless enter Personal Data in a questionnaire or survey, Axosnet may use such Personal Data to improve its products and services.

Creation of anonymized data sets. Axosnet may anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.

Recording of calls and chats for quality improvement purposes. In case of telephone calls or chat sessions, Axosnet may record such calls (after informing you accordingly during that call and before the recording starts) or chat sessions in order to improve the quality of Axosnet´s services.

In order to keep you up-to-date/request feedback. Within an existing business relationship between you and Axosnet, Axosnet may inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from Axosnet. Furthermore, where you have attended a webinar, seminar or event of Axosnet or purchased products or services from Axosnet, Axosnet may contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product or service.

Right to object. You may object to Axosnet using Personal Data for the above purposes at any time by unsubscribing vía email at privacy@axosnet.com. If you do so, Axosnet will cease using your Personal Data for the above purposes (that is to say, under a legitimate interest set out above) and remove it from its systems unless Axosnet is permitted to use such Personal Data for another purpose set out in this Privacy Statement or Axosnet determines and demonstrates a compelling legitimate interest to continue processing your Personal Data.

C. Where Axosnet uses My Personal Data based on My Consent

In the following cases Axosnet will only use your Personal Data as further detailed below after you have granted your prior consent into the relevant processing operations.

News about Axonset’s Products and Services. Subject to a respective provision and your consent, Axosnet may use your name, email and postal address, telephone number, job title and basic information about your employer (name, address, and industry) as well as an interaction profile based on prior interactions with Axosnet (prior purchases, participation in webinars, seminars, or events or the use of (web) services in order to keep you up to date on the latest product announcements, software updates, software upgrades, special offers, and other information about Axosnet’s software and services (including marketing-related newsletters) as well as events of Axosnet and in order to display relevant content on Axosnet’s websites.

Creating user profiles. Axosnet offers you the option to use its web offerings including forums, blogs, and networks (such as the Axosnet Community) linked to this website that require you to register and create a user profile. User profiles provide the option to display personal information about you to other users, including but not limited to your name, photo, social media accounts, postal or email address, or both, telephone number, personal interests, skills, and basic information about your company.

These profiles may relate to a single web offering of Axosnet or, if created in the Axosnet Cloud Platform Identity Authentication Service, may also allow you to access other web offerings of Axosnet or of other entities of the Axosnet Group, or both (irrespective of any consent granted under the section “Forwarding your Personal Data to other Axosnet companies.” below). It is, however, always your choice which of these additional web offerings you use and your Personal Data is only forwarded to them once you initially access them. Kindly note that without your consent for Axosnet to create such user profiles Axosnet will not be in a position to offer such services to you where your consent is a statutory requirement that Axosnet can provide these services to you.

Within any web offering, beyond the mere provision of access your profile is used to personalize interaction with other users (for example, by way of messaging or follow functionality) and by Axosnet to foster the quality of communication and collaboration through such offerings and for Axosnet to provide gamification elements (gamification is the process of taking something that already exists, such as a website, an enterprise application, or an online community, and integrating game mechanics into it to motivate participation, engagement, and loyalty). To the greatest extent supported by the relevant web offering, you can use the functionality of the relevant web offering to determine which information you want to share.

Event profiling. If you register for an event, seminar, or webinar of Axosnet, Axosnet may share basic participant information (your name, company, and email address) with other participants of the same event, seminar, or webinar for the purpose of communication and the exchange of ideas.

Forwarding your Personal Data to other Axosnet companies. Axosnet may transfer your Personal Data to other entities in the Axosnet Group. In such cases, these entities will then use the Personal Data for the same purposes and under the same conditions as outlined in this Section C. above.

Revocation of a consent granted hereunder. You may at any time withdraw a consent granted hereunder by unsubscribing vía email at privacy@axosnet.com. In case of withdrawal, Axosnet will not process Personal Data subject to this consent any longer unless legally required to do so. In case Axosnet is required to retain your Personal Data for legal reasons your Personal Data will be restricted from further processing and only retained for the term required by law. However, any withdrawal has no effect on past processing of personal data by Axosnet up to the point in time of your withdrawal. Furthermore, if your use of an Axosnet offering requires your prior consent, Axosnet will not be (any longer) able to provide the relevant service (or services, if you revoke the consent for Axosnet to use your profile under the Axosnet Cloud Platform Identity Authentication Service for multiple Axosnet offerings), offer or event to you after your revocation.