Privacy policy

PHYN PRIVACY POLICY

Phyn, LLC and its affiliates and subsidiaries understand the importance of privacy. Our privacy practices are described below, as well as in separate notices given when an app, product or service is purchased or downloaded (our “Privacy Policy”).

For ease of reference, we will use the following terms in this Privacy Policy:

·                     “Phyn”, “our”, “us” or “we” means Phyn, LLC and Phyn Oy, including their affiliated companies.

·                     “Phyn Products” includes all Phyn-branded apps, products and services.

·                     “Phyn Websites” include all global Phyn websites.

This Privacy Policy covers all Phyn Products and Phyn Websites. By visiting Phyn Websites, using Phyn Products or providing us with your Personal Information (as defined below), you are accepting and consenting to the practices, terms and conditions described in this Privacy Policy, the terms of which you acknowledge you have read and understood. If you are visually impaired, you may access this notice through your browser’s audio reader.

If you are in the EEA, for the purposes of the EU General Data Protection Regulation 2016/679 (“GDPR”), the data controller is Phyn LLC of Phyn c/o Phyn LLC, 555 Aviation Blvd, Ste. 180, El Segundo, CA 90245

California Residents. If you are a California resident, please review the Additional Information for California Residents for important information about our privacy practices and your rights under California privacy laws.

Canada Residents. If you are a resident of Canada, please review the Additional Information for Canada Residents for important information about our privacy practices and your rights under Canadian privacy laws.

TYPES OF INFORMATION COVERED BY THIS PRIVACY POLICY

Personal Information. This means any information that (either in isolation or in combination with other information) can be used to identify you directly or indirectly. Some examples of Personal Information include your name, address, email address, phone number, any ID number or location data or as otherwise defined by applicable law.

Aggregated Information. Information may be aggregated and/or anonymized. When information is aggregated, it is combined with information about other customers and users. Aggregated information that includes Personal Information is considered Personal Information until it has been anonymized.

Anonymized Information. When information is anonymized, Personal Information is removed from collected data and the remaining portion of the data is repurposed for internal or external use, such as, for example, to determine how many users of Phyn Products had a water leak in the past year, or how many users viewed a particular website video or advertisement. Anonymized information cannot be used to identify you.

Children’s Personal Information. The Phyn Websites and Phyn Products are not directed to, nor does Phyn knowingly collect Personal Information from, children under the age of 16. If we are informed that we have collected the Personal Information of a child under the age of 16, we will delete that Personal Information from our systems. If you believe we might have inadvertently collected Personal Information from or about a child under the age of 16, please contact us at info@phyn.com. We also do not sell the information of minors under the age of 16 years of age.

HOW WE COLLECT INFORMATION

We collect and process the following data about you:

Information you give us. If you fill in forms on Phyn Websites or correspond with us by phone, email or otherwise, you may be providing us with information about you, which may include Personal Information. This includes information you provide when you register on Phyn Websites, register or return a Phyn Product, subscribe to any of our services, search for a product, place an order on Phyn Websites, participate in social media functions on Phyn Websites, enter a competition, promotion or survey, participate in a training session or other event, download firmware, software and apps, or when you report a problem with Phyn Websites or Phyn Products or otherwise request support. Personal Information you give us may include your name, home address, email address, password, phone number and other contact information, plumbing fixture inventory, Wi-Fi and other home network information, financial and credit card information and any other information that can be used to personally identify you.

Setup information: When you install the Phyn device, you’ll be asked to provide information to set up your account.  You will also be asked to provide an inventory of the plumbing fixtures in your home to allow Phyn to understand the normal water usage patterns in your home to detect leaks and quantify your water usage.

Mobile Phone Number: When you create a Phyn account, you will be asked to provide your mobile phone number in order to verify your identification. Once you provide this phone number and opt-in to SMS, it will be stored along with your account information and will be used to send you SMS alerts regarding various functions of the service, including alerts about leaks, alerts about device connectivity and alerts about product enhancements, such as when new functionality has been unlocked for your account.  

Profile Information: Your account may allow you to provide certain basic profile information like your name and profile photo. Names and profile photos may be shown to others in connection with the Services. For example, if you invite someone as an additional authorized user, he or she may be able to see your name and photo. You should only use photos you are willing to make public.

Information we collect about you. We automatically collect information when you use Phyn Websites or Phyn Products, including:

·                     Data from your Phyn Product’s sensors, including but not limited to alerts, notifications, user preferences, settings, and user actions, water usage information (including current flow rate, temperature and pressure rate) other data collected by Phyn via third party systems you’ve authorized Phyn to communicate with, and direct adjustments to your Phyn Product and Phyn app, including modifications or settings. We will also collect information as you use and interact with Phyn, including your activity using the Phyn app, clicking on the various functions and features and providing feedback from alerts and water consumption data to correct the system. This data helps your Phyn Product detect leaks. Information about leaks, notifications or alerts delivered through the Phyn app, and any actions you take in response to those notifications are also collected and used to improve the system’s ability to detect leaks and quantify water use.

·                     Technical information from the Phyn Product: In order to improve your experience over time and help troubleshoot any problem you may encounter with the Phyn Product, we record your device’s model and serial number, software version, and other technical information.

·                     Wi-Fi Network Information: To connect your Phyn Product to our app and services, or to access your Phyn Product over the Internet from a computer, a smartphone or a tablet, you will need to connect it to your Wi-Fi network. During setup, Phyn will ask for your Wi-Fi network name (SSID) and password to connect to the Internet. It will save this information on the Phyn Product firmware, along with your IP address, so that you can access it and control it from your computer, smartphone or tablet, and so that it can communicate with Phyn’s servers and download software updates. Once connected to your Wi-Fi network, your Phyn Product regularly sends the data described in this Privacy Policy (excluding your Wi-Fi password) to Phyn to provide you with services related to your water use.

·                     Information about your visit to Phyn Websites, including the full Uniform Resource Locators (“URL”) you clickstream to, through and from Phyn Websites (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, videos watched, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

Information we receive from other sources. We may also receive information about you from other sources, including third parties who provide services to us (including, for example, business partners, our affiliates, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies or publicly available sources) and we may receive information about you from them.

HOW WE USE INFORMATION

We use the information we collect for a number of purposes. These purposes will be consistent with the reason you provided the information to us or for a directly related purpose. The uses we make of such information include the following:

·                     To set up an account for you on Phyn Websites or Phyn Products.

·                     To facilitate your purchase and/or download of Phyn Products.

·                     To authenticate use of your account or purchases and/or use of a Phyn Product.

·                     To register your Phyn Product in our product database.

·                     To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us.

·                     To assist you with customer support.

·                     To communicate about and administer participation in customer promotions and surveys you choose to participate in.

·                     To provide the Phyn Products or any services you request.

·                     To provide you with information about the Phyn Products you use, such as new features, bug fixes, service downtimes or upgrades.

·                     To provide you from time to time with information relating to your energy or water usage and suggest potential savings in water or energy usage, including making assessments and recommendations about your plumbing, water leaks and water use.

·                     To help us develop new Phyn Products and services and improve current Phyn Products and services.

·                     To provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. We (or selected third parties) will contact you by electronic means only if you have opted-in to receive marketing information. “Opt-in” means that you have taken an affirmative action to receive information, such as by checking a box or clicking a button.

·                     To notify you about changes to Phyn Websites and Phyn Products and changes to our terms, conditions and policies.

·                     To administer Phyn Websites and Phyn Products for internal operational purposes, including troubleshooting, data and statistical analysis, testing, research and survey purposes.

·                     To improve Phyn Websites and Phyn Products and to ensure that content is presented in the most effective manner for you and for your computer or device.

·                     To ensure the security of Phyn Websites and Phyn Products.

·                     To monitor and regulate interactive features of Phyn Websites and Phyn Products that you may choose to participate in.

·                     To help you navigate Phyn Websites.

·                     To help you access and use certain features of Phyn Products remotely and to help you monitor and safeguard your home.

·                     To measure or understand the effectiveness of advertising we serve to you and others who visit Phyn Websites and to deliver relevant personalized advertising to you and others.

·                     To determine which aspects of Phyn Websites and Phyn Products are most useful to you and other users of Phyn Websites and Phyn Products.

SHARING INFORMATION

Under no circumstances do we rent or sell your Personal Information. We will only share your Personal Information with third parties for marketing purposes if you have granted us permission to do so and in accordance with the Marketing section below. We share Personal Information in the following ways:

·                     Within Phyn’s corporate group, including with our subsidiaries, affiliated companies and divisions, all of whom may use your information for the purposes disclosed in this Privacy Policy.

·                     With Phyn’s service providers. Our service providers are not allowed to use, share or retain your personal information except as permitted by us.

·                     With other third parties with your consent. Phyn may provide you with the ability to enable authorized users (“Authorized Users”) to access your account. Information will only be shared with Authorized Users if you give explicit consent to this sharing. If you consent, the Authorized Users may control and view all of your devices, content, and third-party connections. One example of an Authorized User would be if you invite another person to access your Phyn account as an Authorized User. An invited user must have or create a Phyn account, and information about invited users (like email address, name, or changes to product settings) will be stored with your account. Another example would be if you sign up for programs offered by our partners (such as insurance companies); if you do this, we may share certain information with the partner. This could include your enrollment information, usage data and the activation status of your device. Usage data received through Phyn sensors may be shared with Authorized Users if you authorize them to receive such data (such as your plumber, property owner/manager or insurance company). Similarly, when you connect third-party devices and services to your Phyn Products, you are shown information about any proposed exchange of data. Your explicit consent is required to allow these exchanges on your behalf and you can change your mind at any time.

·                     With service providers, advisors or other third parties to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition or sale of all or a portion of our assets. If Phyn merges with or acquires or is acquired by another entity, Personal Information would be transferred as a whole to the successor entity.

·                     To comply with the law or legal process (such as responding to subpoenas or court orders), to comply with government reporting obligations and to exercise our legal rights or defend against legal claims.

·                     To protect our legal rights or those of others, such as protecting the Phyn brand or investigating violations of Phyn terms of use, violations of law, intellectual property infringement, misuse of Phyn Websites, fraud or potential threats to personal safety.

·                     To the public with your consent, such as when you participate in a survey or review.

In addition, we may use and share aggregated and anonymized information with third parties and service providers for a variety of purposes, including to analyze trends about water usage across all Phyn user homes, to show third parties how their products could work with Phyn Products and to help us make sales, marketing and business decisions. This aggregated and anonymized information may also be shared with other users to help them better understand their water usage compared to other Phyn users, to raise awareness about safety or conservation issues, or to help us generally improve our service. We may also share aggregated and anonymized information with our business partners, for example, if they are interested in providing demand-response services or other incentive programs. We’ve taken steps to ensure that this information cannot be linked back to you and we require third parties to keep all shared information in its anonymized form.

For certain Phyn Products, Phyn may provide the opportunity for you to connect and interface Phyn Products with one or more third party products and services, which will involve the exchange of information from your Phyn Product with the third-party product or service. Your explicit consent and authorization will be required at the time of connection to the third-party product or service and will be revocable by you at any time by sending us an email request at info@phyn.com. In some cases, if you purchase, use or download a third-party product or service that connects to a Phyn Product, that third party may apply its own privacy practices.  Phyn is not responsible for the privacy practices of third party partners. If you access a Phyn Product through a third-party product in this manner, you consent and agree to the privacy policy of such third party. We encourage you to carefully read the privacy policies and terms of use of any third-party products that connect to Phyn Products before providing them with your Personal Information.

Any service providers with whom we share your Personal Information are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. We will take all reasonable steps to make sure these service providers comply with the same privacy principles that govern our collection of your Personal Information.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

MARKETING

We will process your Personal Information for marketing purposes, either from ourselves or a third party, only with your consent.

You have various choices in relation to your Personal Information. Some choices are presented up front in the form of opt-in notices or acceptance boxes for marketing to you or sharing your Personal Information with third parties. You always have the choice to opt-out if you later change your mind. One form of opt-out is clicking the Unsubscribe link in a marketing email. This will take you off our marketing email list.

Please note that these opt-in/opt-out choices do not apply to the receipt of mandatory website, service or software communications, such as update or downtime information, leak alerts or service integrated emails or receipt of order or shipping confirmations on Phyn Website stores, which you may receive periodically as part of Phyn performing its contract with you, unless you cancel your service or order or terminate use of software in accordance with the applicable terms of use or license agreement.

If you do not wish to receive direct marketing material from us or a third party, in addition to following the “Unsubscribe” instructions in a marketing email, you can send us an email request at info@phyn.com.

WHERE WE STORE YOUR INFORMATION

The Personal Information that we collect from you may be transferred to, and stored at, various locations globally, in particular the United States where Phyn is headquartered. It may also be processed by Phyn staff or contractors operating outside of your state, territory, province, or country of residence or region who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We also use cloud-based applications and services to store and process your Personal Information, which may result in your Personal Information being stored outside of your state, territory, province, or country of residence or region.

Subject to the requirements of applicable local law, we implement policies and processes designed to ensure a globally consistent level of protection for Personal Information within Phyn. 

In addition, where required by law, we implement appropriate safeguards to protect your Personal Information when it is transferred internationally, whether within Phyn or to third party service providers.  

Data protection standards in countries where we transfer, process and store your Personal Information may be different from those in your country, Please be aware your information may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live.

UPDATING YOUR PERSONAL INFORMATION

We need your help in keeping your Personal Information accurate and up to date, so please notify us of any changes to your Personal Information. You can access and update your Personal Information and communication preferences at any time in the following ways:

·                     By clicking the “Unsubscribe” link in any email you receive from us.

·                     By sending an email to info@phyn.com. Please be sure to include your name, email address and specific relevant details about the information you would like to change or the material that you no longer wish to receive.

·                     For many Phyn Websites and Phyn Products, by signing in to your online account located at the URL provided when you signed up for the Phyn Website or service.

YOUR RIGHTS

United States Privacy Laws. Residents of certain U.S. states (including Virginia, Colorado, and Connecticut) have additional privacy rights under applicable privacy laws, subject to certain limitation, including:

·                     Right to Correct: to correct inaccurate personal information, taking into account the nature and purposes of the processing of the personal information.

·                     Right to Delete: to delete personal information provided to or obtained by us.

·                     Right of Access: to confirm whether we are processing personal information and to obtain a copy of personal information in a portable and, to the extent is is technically feasible, a readily usable format.

·                     Rights to Opt Out: to opt out of certain types of processing, including:

o   to opt out of the “sale” of personal information by us

o   to opt out of the use and disclosure of personal information for the purposes of targeted advertising (i.e., cross-contextual behavioral advertising).

o   to opt out of processing (if any) of personal information for purposes of making decisions that produce legal or similarly significant effects.

o   to opt out of certain uses and disclosures of sensitive personal information by us.

You and an authorized agent acting on your behalf may submit a request to opt out of certain types of processing by us (as applicable) and to access, correct, or delete your personal information here. We will respond to your request as required under the applicable privacy law(s). 

In addition, you can also set your browser to transmit a “global privacy control” (GPC) signal or another approved “universal opt-out mechanism” to opt out of targeted advertising and sales (as defined under applicable law). If we detect that your browser is transmitting a GPC or other recognized universal opt-out signal when you visit one of our websites, we will opt that browser on your device out of targeting cookies on that website. Please note that if you come back to that website from a different device or from a different browser on the same device, you will need to apply the signal for that browser and/or device as well.

If we deny your request, you may appeal our decision by contacting us as set out in the “How to Contact Us” section below.

Residents from California should view “Additional Information for California Residents” for information on their choices and rights.

Other Countries. You may have a number of rights in relation to your Personal Information, depending on your country of residence.  To the extent applicable, you may exercise the following rights:

·                     The right to receive confirmation as to whether or not we are processing your Personal Information.

·                     The right to correct your data if it is inaccurate or incomplete.

·                     The right to transfer Personal Information you have provided to us to a third party if we are processing that data on either the basis of your consent or to perform a contract with you.

·                     The right to delete your Personal Information, unless we are required to retain it by law or to establish, exercise or defend legal claims, or for another one of our business purposes.

·                     The right to receive a copy of Personal Information held on our current records, as well as information regarding the purposes of the processing, the categories of data involved, to whom such information may be disclosed and for what period we envisage holding the data.

·                     The right to be informed of the source of the Personal Information, if we did not obtain it from you.

If you are resident in the EEA, you also have the following rights:

·                     The right to withdraw your consent to our processing of your Personal Information at any time after you have consented, including opting-out of receiving marketing materials. The easiest way to do this is by clicking the “Unsubscribe” link in any email you receive from us.

·                     If we are processing your Personal Information either on the basis of your consent or to perform a contract with you, the right to receive such data in a machine-readable format or where feasible to have us transfer it directly to a third party data controller.

·                     The right to restrict our processing of your Personal Information where you believe such data to be inaccurate, our processing to be unlawful, or that we no longer need to process such data for a particular purpose (unless we are not able to restrict such processing or delete the data due to a legal or other obligation or because you do not wish for us to delete it).

·                     The right to object to such processing on grounds relating to your particular situation, where the legal justification for our processing of your Personal Information is our legitimate interest. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data to establish, exercise or defend legal claims.

·                     The right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. Please click here for a list of contact details for the EEA data protection authorities.

You can make a request to exercise any of these rights in relation to your Personal Information by sending the request by email to info@phyn.com or, if you are in California, by calling us at 877-749-6792.

We will respond to your request in the time period required by law. . We may ask you to verify your identity before we can act on your request. We may conduct an identity verification by phone call or email. Depending on your request, we will ask for information such as your name, the email address connected to your account with us, or the date of a support call you made to us. We may also ask you to provide a signed declaration confirming your identity.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us. 

If you are an authorized agent submitting a request on behalf of an individual in California, you must attach a copy of the following information to the request:

1.                  A completed Authorized Agent Designation Form, located here, indicating that you have authorization to act on the consumer’s behalf.

2.                  If you are a business, proof that you are registered with the Secretary of State to conduct business in California.

If we do not receive both pieces of information, the request will be denied.

RETENTION OF PERSONAL INFORMATION

We will only retain your Personal Information to fulfill the purposes for which it was collected, as required for legitimate business purposes as described in this Privacy Policy or otherwise as permitted by law. When we no longer need to use Personal Information, we will remove it from our systems and records and/or take steps to anonymize it so that you can no longer be identified from it.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

COOKIES, WEB BEACONS AND OTHER WEB TOOLS

We use automatic data collection tools like cookies, embedded web links and widgets. These tools collect certain information that your browser or your mobile device sends to Phyn Websites and Phyn Products. This section explains how we use these tools and your choices about them.

We use common tracking technologies. We collect personal information about users over time and across different devices and platforms when you use the Phyn Website, app or service.  For the purposes of this policy, “platform” includes our websites and mobile applications. We also have third parties that collect personal information this way. To do this, we use several common tracking tools. Our vendors may also use these tools. These may include browser cookies.  We may also use web beacons, flash cookies, and other technologies.

We use tracking technologies for a variety of reasons. We use tracking tools, including cookies, on our platforms.  Cookies are small files that download when you access certain platforms. We use tracking tools:

·                     To recognize new or past customers.

·                     To store your password and registration information if you are registered on our platform.

·                     To identify your country and language and distinguish you from other users of Phyn Websites.

·                     To optimize your browsing experience by preloading certain features of Phyn Websites and services on future visits to make loading times faster and more efficient.

·                     To provide basic platform functionality and improve our platform.

·                     To serve you with interest-based or targeted advertising (see below for more on interest-based advertising).

·                     To observe your behaviors and browsing activities over time across multiple devices or other platforms.

·                     To enable social sharing.

·                     To better understand the interests of our customers and our platform visitors.

Where web tools collect your Personal Information, it is in our legitimate interests to process such information to provide and improve our products and services and to maintain our relationship with you.

We engage in interest-based advertising. We and our partners display interest-based advertising using information gathered about you over time across multiple devices or other platforms. This might include websites and apps.

Interest-based advertising or “online behavioral advertising” includes ads served to you after you leave our platform, encouraging you to return. They also include ads we think are relevant based on your shopping habits or online activities. These ads might be served on websites or on apps. They might also be served in emails. We might serve these ads, or third parties may serve ads. They might be about our products or other companies’ products.

How do we gather relevant information about you for interest-based advertising? To decide what is relevant to you, we use information you make available to us when you interact with us, our affiliates, and other third parties. We gather this information using the tracking tools described above. For example, we or our partners might look at your purchases or browsing behaviors. We might look at these activities on our platforms or the platforms of others.

We work with third parties who help gather this information. These third parties might link your name or email address to other information they collect. That might include past purchases made offline or online. Or, it might include online usage information.

You can control tracking tools. Your browser may give you the ability to control cookies.  How you do so depends on the type of cookie.  Certain browsers can be set to reject browser cookies. To find out more about how to enable, disable, or delete cookies from your web browser, please visit here and here. To control flash cookies, which we may use on certain platforms from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.  

Our Do Not Track Policy: Some websites have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals.  If you block cookies, certain features on our platform may not work.  If you block or reject cookies, not all of the tracking described here will stop.

Certain options you select are browser and device specific.

You can opt-out of online behavioral advertising. The Self-Regulatory Program for Online Behavioral Advertising provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. To opt-out of having your online behavior collected for advertising purposes from participating companies, click here.

Some tracking tools do not participate in the Self-Regulatory Program for Online Behavioral Advertising. For information about how to opt-out of having your online behavior collected through these tracking tools, click on the links in the descriptions provided under “We use specific tracking technologies” below.

The Digital Advertising Alliance also offers a tool for opting out of the collection of cross-app data on a mobile device for interest-based advertising. To exercise choice for companies participating in this tool, download the AppChoices app here.

Certain choices you make are both browser and device-specific.

We use specific tracking technologies. Here is more information about the tracking technologies and cookies we currently use on our platforms. We use all of these tracking technologies to improve our platforms and the experience of our visitors:

·                     Bazaarvoice: Bazaarvoice helps us create social communities on our websites and Facebook pages where you and other customers can engage in conversations.

·                     Double Click: We use Double Click (part of Google’s digital advertising offerings) to manage digital advertising on our website The DoubleClick platform includes the DoubleClick Advertising Exchange and Double Click Bid Manager.

·                     Facebook Connect and Facebook Social Plugins: We use this technology to allow users to share their experiences with our apps and websites on Facebook. For example, we may collect your browser information, demographic data, and interaction data.

·                     Facebook Custom Audience: We use Facebook Custom Audience to deliver ads on Facebook to a certain group of users.

·                     Facebook Exchange (FBX): We use this technology to serve you ads on Facebook based on the pages you visited on our websites.

·                     Facebook Social Graph: We use this technology to measure the effectiveness of our marketing campaigns.

·                     Facebook Meta Pixel: We incorporate “pixels” provided by Meta Platforms, Inc. on our Site. This enables us to track user behavior after a user clicks on a Facebook ad and is redirected to our website. By doing so, we can assess the effectiveness of Facebook ads for statistical and market research purposes and sometimes retarget certain users. Please note that the data collected through this process remains anonymous to us, meaning we do not have access to personal information of individual users. However, Facebook stores and processes this data. It is important to be aware that Facebook may associate this information with your Facebook account and utilize it for its own promotional activities, in accordance with Facebook’s Data Usage Policy available here. You have the option to authorize Facebook and its partners to display advertisements on and off Facebook (see here). Additionally, a cookie may be stored on your computer for these purposes.

·                     Google AdSense: Google AdSense is a tool that allows us to display advertisements to you based on your interests. We or our business partners earn money when you view or click on the advertisements.

·                     Google AdWords Conversion: We use conversion tracking to help us understand how effective our digital campaigns are.

·                     Google AJAX Search API: This tool allows us to embed a Google-powered search box into our website. This allows users to perform keyword searches to help them navigate our website.

·                     Google Analytics: We use Google Analytics to collect information about how visitors use our website. For example, we collect details of the site where the visitor has come from and the total number of times a visitor has been to our website.

·                     Google Dynamic Remarketing: We use these tracking tools to track user behavior over time and across third party sites to improve the effectiveness of our online advertising. We collect information about what ads users view and whether they click on the ads. We use this information to improve and customize our advertising.

·                     Google Tag Manager: We use Google Tag Manager to track user behavior, traffic analysis and marketing optimization.

·                     Hotjar: We use Hotjar to provide analysis and feedback of user behavior on our websites to help us improve our website’s experience and performance.

·                     Klayvio: We use Klayvio to help us design marketing email newsletters, share them on social networks and integrate with services you already use.

·                     LiveChat: We use LiveChat to communicate with potential purchasers on our e-commerce site and make the online sales process easier.

·                     Mixpanel: We use Mixpanel to track and analyze how customers are using our products so that we can continue to increase functionality and improve experience. For more information on Mixpanel’s privacy practices, you can go here.

·                     Shopify: We use Shopify to showcase our products on our website, process payments and streamline our e-commerce efforts online.

·                     Twitter, Inc. and Twitter Button: Twitter is an online social networking service that enables users to send and read short messages. We use the Twitter cookies to enable social sharing buttons on our sites, as well as to track social media and other Web browsing behavior in order to target ads and promotions to your interests. For information on how to opt-out of Twitter cookies, you can go here.

·                     YouTube Video Tracking: We use YouTube Video Tracking to measure user engagement with our videos in order to improve our marketing and support video content.

·                     Vimeo: We use Vimeo Video Tracking to measure user engagement with our videos in order to improve our marketing and support video content.

SECURITY

We will maintain appropriate technical and organizational measures designed to protect the information collected by Phyn Websites and Phyn Products. Unfortunately, the transmission of information via the Internet is not 100% secure.

If you use a computer or device that can be accessed by others, other people may be able to access unencrypted Personal Information. If you do not want your information to be available to others, exercise caution when using public computers or devices or when using any computer or device to which users unauthorized by you may have access.

We recommend that you take every precaution in protecting your Personal Information when you are on the Internet. For example, create strong passwords by using a combination of letters, numbers and symbols, change your passwords often, and make sure you use a secure browser. When creating a password for your home network and connected devices, make sure you choose a unique password that you do not use for other Internet-based services and websites. You should also be aware that names that you give your Wi-Fi-enabled devices, home networks and services (also known as “friendly names”) may be detectable by others outside your home, so you should not use Personal Information as part of your friendly names.

If we are required by law to inform you of a breach to your personal information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

LINKS TO OTHER SITES

Phyn Websites and online services may contain links to websites or online services operated by Phyn affiliated companies. Phyn websites and services may also include links to websites operated by, and/or use or offer products and services from third parties, such as a third-party app that works with a Phyn Product. Once you leave Phyn Websites and Phyn Products, your activities are governed by the terms of use and privacy policies of the third-party websites and online services. Phyn is not responsible for the privacy practices or the content of these websites and online services, and we encourage you to carefully read the terms of use and privacy policies of any website and online service you visit.

Phyn Websites and Phyn Products may contain social media features, such as Facebook “Like” buttons. These features may collect information about your device’s IP address, set cookies to facilitate interaction with social media features or link you to a social media website where you may post Personal Information. All interactions with social media features are governed by the privacy policy of the social media company providing the feature.

Additional Information for California Residents 

In this California specific section, we provide information as required under California privacy laws, including the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, CCPA), which require that we provide information to California residents about how we handle their personal information (as defined by the CCPA), whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under California privacy laws.

Categories of Personal Information That We Collect and Disclose. Our collection, use, and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with them. The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect, use, and disclose to others for a business or commercial purpose.

 

Categories of Personal Information Collected		Categories of Third Parties to Whom We May Disclose this Information for Business or Commercial Purposes
Identifiers	such as name, postal address, phone number, unique personal identifier, online identifier, internet protocol (IP) address, device ID, email address, account name, signature, or other similar identifiers.	·         vendors and service providers (e.g. payment processors) ·         advisors, consultants, auditors and agents ·         product and service fulfillment companies ·         internet service providers ·         advertising networks ·         data analytics providers ·         social networks ·         government entities and law enforcement ·         affiliates and subsidiaries ·         operating systems and platforms ·         others as required by law, or authorized or directed by you
Customer Records	Includes your account and profile information and customer records that contain personal information, such as username, name, demographics and other characteristics or descriptions, email, address, telephone number, and other contact information, account credentials, communications preferences, billing and payment information, customer service and support tickets and records, and other information individuals provide us to register for, access, purchase or use our Services.	·         vendors and service providers (e.g. payment processors) ·         advisors, consultants, auditors and agents ·         government entities and law enforcement ·         affiliates and subsidiaries ·         internet service providers ·         operating systems and platforms ·         others as required by law, or authorized or directed by you
Commercial Information	Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies, such as information about your subscriptions and current and past payments and purchases, products and services you use or are interested in, and your purchase tendencies.	·         vendors and service providers (e.g., payment processors) ·         advisors, consultants, auditors and agents ·         government entities and law enforcement ·         affiliates and subsidiaries ·         advertising networks ·         data analytics providers ·         social networks ·         internet service providers ·         operating systems and platforms ·         others as required by law, or authorized or directed by you
Internet or Other Electronic Network Activity Information	Includes browsing history, clickstream data, search history, access logs, information regarding your interactions with our websites, mobile applications and other Services and our marketing emails and online ads, and other usage data related to your use of the Services, such as language and preferences, as well as your comments, posts, and interactions in public forums and communities.	·         vendors and service providers (e.g. payment processors) ·         Product and service fulfillment companies ·         advisors and agents ·         government entities and law enforcement ·         affiliates and subsidiaries ·         advertising networks ·         data analytics providers ·         social networks ·         internet service providers ·         operating systems and platforms ·         others as required by law, or authorized or directed by you
Location Data	Includes location information about a particular individual or device, such as device location information for mobile application users.	·         vendors and service providers (e.g. payment processors) ·         advisors, consultants, auditors and agents ·         government entities and law enforcement ·         affiliates and subsidiaries ·         advertising networks ·         data analytics providers ·         others as required by law, or authorized or directed by you
Audio, Video and Electronic Data	Includes audio, electronic, visual, thermal, olfactory, or similar information (e.g., pictures, a recording of a customer service call, security video surveillance footage).	·         vendors and service providers (e.g., payment processors) ·         advisors, consultants, auditors and agents ·         government entities and law enforcement ·         affiliates and subsidiaries ·         advertising networks ·         data analytics providers ·         social networks ·         internet service providers ·         operating systems and platforms ·         others as required by law, or authorized or directed by you
Inferences	Includes inferences drawn from other personal information identified in this table to create a profile based on your account and activities, that reflect your preferences, characteristics, behavior, attitude, and abilities related to the Services.	·         vendors and service providers (e.g. payment processors) ·         advisors, consultants, auditors and agents ·         government entities and law enforcement ·         affiliates and subsidiaries ·         advertising networks ·         others as required by law, or authorized or directed by you
Protected classification characteristics under California or federal law	Includes characteristics of protected classifications under applicable laws, such as disability information	·         vendors and service providers (e.g. payment processors) ·         advisors, consultants, auditors and agents ·         government entities and law enforcement ·         affiliates and subsidiaries ·         advertising networks ·         others as required by law, or authorized

 

Do We “Sell” or “Share” Personal Information? California privacy laws define a “sale” as disclosing or making available to a third party, personal information in exchange for monetary or other valuable consideration, and “sharing” includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. We do not disclose personal information to third parties in exchange for monetary compensation. We may “sell” (as defined by the CCPA) Identifiers and Internet or Other Electronic Network Activity Information to third-party advertising networks, analytics providers, and social networks. We may “share” (as defined by the CCPA) Identifiers, Customer Records, Commercial Information, Location Data, and Internet or Other Electronic Network Activity Information to third-party advertising networks, analytics providers, and social networks, as well as our Affiliates. We do not “sell” or “share” (as defined by the CCPA) sensitive personal information, nor do we “sell” or “share” any personal information about individuals who we know are under sixteen years old.

Sources of Personal Information. As noted above, in general, we may collect the categories of personal information identified in the table above directly from you, and automatically related to your use of our Services and interactions with us, as well as from third parties. This may include:

·                     Our Affiliates and subsidiaries

·                     Third-party platforms

·                     Third-party sites and services

·                     Ad networks

·                     Analytics providers

·                     Social networks

·                     Internet service providers

·                     Operating systems and platforms

·                     Our vendors and service providers

·                     Publicly available information

Purposes for Collecting and Disclosing. As described in more detail in the table provided in the “Types of Information Collected and Purposes for Collection and Use” section above, in general, we collect and otherwise process the personal information identified in the table above to provide our Services to you, respond to and fulfill your orders and requests, as otherwise directed or consented to by you, and for the following business or commercial purposes:

·                     Providing our Services and related support

·                     Protecting the integrity of the Services

·                     Analyzing and improving the Services and our business

·                     Personalizing the Services

·                     Advertising, marketing, and promotional purposes

·                     Securing and protecting our business

·                     Defending our legal rights

·                     Auditing, reporting, corporate governance, and internal operations

·                     Complying with legal obligations

Retention. We will retain your personal information as long as necessary for the purposes for which the personal information was collected and is used by us, as stated in this Privacy Policy. Further, to the extent permitted by law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.

Sensitive Personal Information. Notwithstanding the purposes described above, we do not collect, use or disclose of sensitive personal information about California residents beyond the purposes authorized by the CCPA (pursuant to Cal Civ. Code § 1798.121 and § 7027(l) of the CCPA regulations).  Accordingly, we only use and disclose sensitive personal information about California residents as reasonably necessary and proportionate: (i) to perform our services requested by you; (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents; (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct; (iv) to verify or maintain the quality and safety of our services; (v) for compliance with our legal obligations; (vi) to our service providers who perform services on our behalf; and (vii) for purposes other than inferring characteristics about you.

California Residents’ Rights. California residents have the right to receive certain information about how their personal information is used and disclosed and to not be discriminated against for exercising their privacy rights under the CCPA. In addition, California residents have the right to understand the material terms of any “financial incentive” offered to them and to not be included in such without consent.

The CCPA also grants California residents the following rights, in each case subject to certain exceptions:

·                     Opt out of sales and sharing: the right to opt out of our sale and sharing of their personal information.

·                     Delete: the right to request deletion of their personal information that we have collected about them.

·                     Know/access: the right to request and, subject to certain exemptions, receive a copy of the specific personal information that we have collected about them and to have this delivered either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information, including the:

o   categories of personal information collected;

o   categories of sources of personal information;

o   business and/or commercial purposes for collecting, selling, and sharing their personal information;

o   categories of third parties with whom we have disclosed or shared their personal information;

o   categories of personal information that we have disclosed or shared with a third party for a business purpose; and

o   categories of third parties to whom the residents’ personal information has been sold and shared and the specific categories of personal information sold and shared to each category of third party.

·                     Correct: the right to request that a business that maintains inaccurate personal information about the resident correct that personal information.

·                     Limit use or disclosure of sensitive personal information: the right to limit the use or disclosure of sensitive personal information to those uses authorized by California privacy laws. However, we do not use or disclose sensitive personal information except for the purposes described above under “Sensitive Personal Information,” as authorized by California privacy laws.

Submitting CCPA Requests to Know, Correct, and Delete. California residents may submit a request to exercise their CCPA rights to know, correct, and delete by submitting a request via email to info@phyn.com or calling our toll-free number at 877-749-6792.

When you submit a request to know, to correct, or to delete, we will take steps to verify your request by matching the information provided by you with the information that we have in our records. You must complete all required fields on our webform (or otherwise provide us with this information, e.g., via email) and verify your access to the registered email address for your account, to validate your request. In some cases, we may request additional information to validate your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us in writing at the contact information set forth in the “How

To Contact Us” section above. Authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent. We will respond to verifiable requests received from California residents as required by law.

Requests to Opt Out of Sales and Sharing. California residents may submit requests to opt out of “sales” and “sharing” as set forth below:

·                     Browser Opt Out: You may opt out of “sales” and “sharing” (if applicable) via your browser on our websites by:

o   Turning on “global privacy control”—or GPC—signals for your browser. If we recognize that your browser is transmitting a GPC signal, we will opt that browser out of “sales” and “sharing.”

o   Turning off “Sales and Sharing of Personal Information” under the Cookie Preferences and Opt Out settings for that website, which you can access by clicking the “Your Privacy Choices” link in the footer of that website.

 

·                     Webform: You may submit a request to opt out of “sales” and “sharing” of personal information via our cookie preference manager. Your opt out is browser specific and applies to “sales” and “sharing” on the website you are browsing (i.e., via cookies). If you come to the website from a different device or a different browser on the same device, you will need to apply your preferences or turn on GPC for that browser or device as well. More information on GPC is available at https://globalprivacycontrol.org/.

 

·                     Apps: Some of our apps may include third-party targeting. You may opt out of “sales” and “sharing” (as applicable) for these apps via the in-app settings menu. 

Financial Incentives. We may make available certain programs or offerings that are considered “financial incentives” under the CCPA (each a “Program”). Your participation in a Program is entirely voluntary, and you are free to withdraw from the Program any time. If you choose to register for and participate in a Program, we may make available to you any certain incentives, such as special offers, programs, discounts and other benefits, as described here. The value of these incentives is reasonably related to the value of the personal information we collect and process related to the Program. In our analysis, when estimating the value of the personal information, we take into account, without limitation, the expenses that are incurred with the collection of your personal information, the offering and administration of the incentives (including third-party costs), any improvements made to our products and services based on the information obtained through the Program and the revenue generated by the use of the financial incentive by our customers.

Rights Under California's Shine-the-Light Law. If you are a California resident, you may contact us by requesting a list of any third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing via the contact details set out in the “How to Contact Us” section above.

For more information about our privacy practices, you may contact us as set out in the “How to Contact Us” section below.

Additional Information for Residents of Canada

If you are a resident of Canada, the following additional clauses apply to our handling of your Personal Information. You may have different rights depending on your province or territory of residence within Canada: please consult the section below relevant to your place of residence.

Unless otherwise allowed by the laws applicable in your province or territory of residence, we will only collect, use, or communicate your Personal Information with your consent. You are generally not obliged to provide your Personal Information, however please note that we may be unable to provide certain services to you if you refuse to provide certain Personal Information.

Residents of Canada have the following rights regarding your Personal Information that we hold, subject to any conditions or limitations set out in applicable law:

Access. You have the right to obtain information about our processing of your Personal Information and obtain access to and a copy of your Personal Information. Upon written request and authentication of identity, we will provide you with your Personal Information under our control. We will also give you information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We may charge you a reasonable fee for doing so.

In some situations, we may not be able to provide access to certain Personal Information. We may also be prevented by law from providing access to certain Personal Information. Where an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.

Rectification. You may have the right to update, complete, or correct inaccuracies in your Personal Information. If you demonstrate the inaccuracy or incompleteness of Personal Information, we will amend the information as required. If appropriate, we will send the amended information to third parties to whom the information has been disclosed. If a challenge regarding the accuracy of Personal Information is not resolved to your satisfaction, we will annotate the Personal Information under our control with a note that the correction was requested but not made.

Withdrawal of consent. You have the right to withdraw your consent to our processing of your Personal Information, without affecting the lawfulness of processing up until withdrawal. Please note that we may be unable to offer you certain services if you withdraw your consent. Withdrawing your consent does not create an obligation for us to delete Personal Information which we are otherwise allowed or required to retain under applicable law.

If you are a resident of the province of Québec, the following rights are available to you, in addition to the rights identified above:

Portability. You may have the right to obtain a machine-readable copy of your Personal Information or to have us transfer it to another third party of your choice.

De-indexation: You have the right to request, in certain circumstances, that we cease disseminating your Personal Information or to de-index any hyperlink that allows access to that Personal Information by technological means, if such dissemination contravenes applicable law or a court.

Retention: We will only keep your Personal Information for a period of up to three years. In certain cases, applicable laws may require us to retain specific records for a set period of time which may be longer than three years.

Please contact us using the information set out in the “How to Contact Us” section above, if you wish to exercise any of your rights or if you have any inquiries or complaints regarding the processing of your personal information by us. If you are not happy with how your rights are handled, you can submit a complaint to the relevant data protection authority. 

Your Personal Information may be communicated, stored and processed outside of your province or territory of residence, in any country where we have facilities or in which we engage service providers. These countries may have data protection rules that are different from those of your country, and governments, courts, law enforcement or government or regulatory agencies in those countries may be able to access or obtain disclosure of your Personal Information under a lawful order or otherwise through the country’s laws, regardless of the safeguards we have put in place for protecting your Personal Information. Such transfers will only be made in full compliance with all the requirements of applicable privacy laws, and we will ensure that adequate safeguards are in place so that your Personal Information will receive an adequate degree of protection in the destination country.

Phyn – Short Code 56504
SMS Terms of Service
1. When you opt-in to the service, we will send you a message to confirm your signup. Sign up online to receive notifications from Phyn. Message and data rates may apply. Message frequency varies. Text “HELP” for help. Text “STOP” to cancel.
2. You can cancel this service at any time. Just text “STOP” to 56504. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.
If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
3. If at any time you forget what keywords are supported, just text “HELP” to 56504. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
4. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
5. Carriers are not liable for delayed or undelivered messages.
6. For all questions about the services provided by this short code, you can send an email to support@phyn.com.
7. If you have any questions regarding privacy, please read our privacy policy.

UPDATES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time, so please review it frequently. If we change our Privacy Policy, we will post the revised version here, with an updated revision date. If we make material changes to our Privacy Policy, we will notify you by email or prominently post a notice on this website.

HOW TO CONTACT US

Should you have any privacy-related questions or comments related to this Privacy Policy, please contact us by email at info@phyn.com, if you are in California, by phone at 877-749-6792 or by mail at Phyn c/o Phyn LLC, 555 Aviation Blvd, Ste. 180, El Segundo, CA 90245 USA.

Last Revised and Updated Effective: 5/14/2025