Pinxter® Privacy Policy



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

Your (further referred to herein as “you” or “User”) use of the Pinxter Application, Website, and Services (as each of these terms are defined in this Privacy Policy), including any dispute concerning privacy, is subject to this privacy statement (“Privacy Policy”) and Pinxter’s Terms of Service (located at http://www.pinxter.com/terms ). By using the Pinxter Application, Website, and Services, you are accepting the guidelines and practices set out in this Privacy Policy and in Pinxter’s Terms of Service.

Table of Contents
  1. Background Information
  2. Word from Pinxter
  3. Information We Collect
    • Information We Collect Through the Applications and Information Made Available by Client
    • Information We Collect Through the Website
    • User Content
    • Providing Information to Pinxter
    • User Account
    • Third Party Websites and Services
    • Third Party Applications
    • Information Relating to Children
    • Cookies and Web Beacons
  4. Purpose of Processing/Use and Disclosure of Information
    • How your Information is Processed/Used
    • Disclosure of Information to Third Parties
    • Disclosure of Information to Other Users
    • Securing the Transmission and Storage and Storage of Information
    • Effect of Change in Control
  5. Choices Available to You
    • Opt-In and Disclosure
    • Opt-Out Options
    • Registration Email and Contact by Pinxter
    • User Account Preferences
    • California Residents
  6. Rights of European Users under the GDPR
    • Data Controller
    • Data Processor
    • Consent
    • Legal Basis for Processing
    • GDPR Rights:
      • Right of Confirmation
      • Right of Access
      • Right to Rectification
      • Right to Erasure
      • Right of Restriction of Processing
      • Right of Data Portability
      • Right to Objection to Automated Decision Making
      • Right to Objection Processing
    • Retention Policy
    • Cross Border Data Transfers
    • Data Protection Officer
  7. Privacy-Related Inquiries and Complaints



A. Background Information
Pinxter Inc., a Virginia corporation and its affiliates (collectively, “Pinxter” or “we”, “us”, “our”) has created this Privacy Policy in order to disclose its information gathering and dissemination practices for Pinxter’s mobile applications, distributed through the iTunes App Store and Google Play (“Pinxter Applications”), the Pinxter website located at http://www.pinxter.com (“Website”), and any services available or enabled by/or through the Pinxter Applications and Website (“Services”).

Pinxter is the developer and owner of the Clowder™ platform (“Clowder”). Through Clowder, Pinxter provides “Application as a Service™” (“AaaS™”) to an entity of which you are an employee, member, and/or customer (“Client”). If you download an application bearing the Clowder™ brand, you are using an application which was created for Client by Pinxter. In such instance, Client has commissioned Pinxter to create a specific native application based on the Clowder platform, designed for the management of Client’s members, employees, and/or customers, enhancing user experience and otherwise furthering Client’s goals (“Clowder Application,” and together with Pinxter Applications, “Applications”). Since you are a member, employee, or customer of the Client’s organization, you have already signed up, subscribed, or are otherwise affiliated with the Client and provided certain login, data, and personal information (“Membership Data”) to the Client which is now stored and hosted on the Clowder Application as an extension of the Client’s service to its members, employees, and/or customers, including the Client’s use of the Clowder Application. Client has provided such Membership Data to Pinxter solely for purposes of creating Clowder Application for the Client and as an extension of its mobile and/or web services through the Clowder platform to its members, employees, and/or customers. Additionally, you may enter or may have entered such Membership Data in the Clowder Application. Your relationship with the Client, including the use of the Clowder Application by Client, is governed by the Client’s terms of use and privacy policy and your use of the Clowder Application and your relationship with Pinxter is governed by this Pinxter Privacy Policy and the Pinxter’s Terms of Service (located at http://www.pinxter.com/terms ). You may choose to provide Pinxter and the Clowder Applications with additional information and Membership Data to enjoy certain functionalities as outlined in this Privacy Policy.

B. Word from Pinxter
Pinxter is committed to providing superior service to all of our customers and visitors, particularly with respect to their privacy concerns. We understand that you may have questions about how the Pinxter Applications, Website, and the Services collect and use your information; we have prepared this statement to inform you of the governing privacy principles.

This Privacy Policy contains numerous general and technical details describing the steps we take to respect your privacy. We have organized this Privacy Policy by major topic areas so that you can quickly refer to the information that is of most interest to you. Meeting your needs and expectations forms the foundation of everything that we do, including protecting your privacy. Upon reading this Privacy Policy, you will, inter alia, be informed regarding the following:
  1. description of personally identifiable information (belonging to you and third parties) collected by the Applications, Website, and Services;
  2. how the collected information is used;
  3. with whom the collected information may be shared;
  4. choices available to you regarding the collection, use, and distribution of such information;
  5. security procedures that are in place to protect against the loss, misuse, or alteration of personally identifiable information under Pinxter’s control; and
  6. instructions on how you can access and correct inaccuracies in the information collected about you.

To the extent that anything in this Privacy Policy conflicts with an existing written (including electronic) agreement between you and Pinxter regarding the use of the Applications, the Website, or Services, including specific licenses, terms of use, or privacy disclosures relating to Services (collectively, “Product Agreements”), the terms of the Product Agreements shall govern.

If you have questions regarding this Privacy Policy, or concerns relating to compliance with the policies outlined in this Privacy Policy, please contact Pinxter at privacy@pinxter.com .

Changes in the Privacy Policy
This Privacy Policy was last updated on ______, 2018. Pinxter reserves the right to modify this Privacy Policy at any time by posting such changes on this page. Please check the revision date to determine if this Privacy Policy has been modified since you last reviewed it. Your continued use of any portion of the Pinxter Applications, Website, or Services subsequent to the posting of an updated Privacy Policy will constitute your acceptance of all such changes.

All personal information we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. If the Privacy Policy changes in any material respect, we will not use the personal data we have collected from you in a manner that is inconsistent with the version of the Privacy Policy in effect at the time that such data was collected without your prior consent, provided, however, that your continued use of the Applications shall be deemed to constitute an explicit consent to such changes.

If as the result of any such changes, you wish to alter the ways in which Pinxter is allowed to use your personal information, you may do so by following the steps described in the Choices Available to You section of this Privacy Policy.

You will be deemed to have been made aware of, and will be subject to, the changes to this Privacy Policy by your continued use of the Pinxter Applications, Website, or Services after such notice has been posted for thirty (30) days, with the following exception: if at the time you provide your personal information to Pinxter you limit how such information may be used to communicate with you (either by Pinxter or by third parties), Pinxter will adhere to your preference in this regard unless you consent otherwise.

Legal Issues
The Pinxter Applications and Website are United States-based services. However, because access to the Pinxter Applications, Website, and Services may use the internet infrastructure of different jurisdictions, use of the Pinxter Applications, Website, and Services may be subject to the laws of various jurisdictions, including the laws of the United States and the European Union. For example, personally identifiable information collected in the European Union and its Member States is subject to the EU Directives concerning personal data, privacy and electronic communications, including but not limited to Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector and Furthermore, effective as of May 25, 2018, Pinxter will adhere to Regulation (EU) 2016/679 of the European Parliament and of the Council “On the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)” (the “GDPR”). If you are a natural person of the European Union within the meaning of the GDPR, you may have additional rights found in Section D hereto (“Rights of European Users under the GDPR of this Privacy Policy”).

Pinxter may disclose your personally identifiable information without your permission if it has a good-faith belief that disclosure is reasonably necessary to meet any applicable law, regulation, legal process, or enforceable government request; or to investigate or protect against harmful activities to Pinxter’s guests, users, associates, or property (including the Applications and Website), or to others. We may also disclose personally identifiable information when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating this Privacy Policy, the terms of their agreements with the Pinxter (such as the Terms of Service), or to protect the safety of our users and the public. We may also disclose personally identifiable information under confidentiality and licensing agreements with certain third parties who assist us in developing, operating and maintaining the Applications, Website, and Services, including the content therein.

Pinxter may also be required by law enforcement or judicial authorities to provide personally identifiable information to appropriate governmental authorities. If requested by law enforcement or judicial authorities, Pinxter will provide this information upon receipt of appropriate documentation. Pinxter may also provide information to law enforcement to protect its property and the health and safety of individuals as permitted by statute.

C. Information We Collect
Information We Collect Through Applications and Information Made Available by Client
The Pinxter Applications may be used by users with User Accounts (“Registered Users”) as well as users without User Accounts (“Unregistered Users”). However, Pinxter Applications’ functionality may be significantly limited or unavailable for Unregistered Users. The Clowder Application will only be available to Registered Users who have provided or made available all of the required Membership Data to the Client.

The Applications collect information from both Registered Users and Unregistered Users. This information includes information that Registered Users and Unregistered Users voluntarily provide to Pinxter, including usernames, passwords, user profile information (the Registered User’s name, picture, phone number), User Content (as defined in this Privacy Policy), as well as communications between Registered Users and Pinxter (for instance, as e-mails sent from users to Pinxter). If a user logs into the Pinxter Application (other than Clowder Application) using an authorized third party social network account, such as a Facebook or Instagram account, Pinxter may collect certain information as to that user’s activities and information in that third party social network. Additionally, the Pinxter Application may collect certain technical information automatically from both Registered and Unregistered Users, including the model, manufacturer and OS version of the mobile device used, MAC (Media Access Control) address, device identifiers, International Mobile Equipment Identity (IMEI), and time-stamped logs of messages sent and received, and network status (WiFi, etc.).

As a Registered User, you may also be permitted to provide your exact location if you choose to enable your mobile device to send us and other Registered Users such information. We may use and store this information to provide certain Services, such as tagging the uploaded User Content with your location and may otherwise use this information to improve your experience with the Services and to provide you with additional functionality.

The Membership Data and/or personally identifiable information described above, may also be provided or made available by Client to Pinxter, which then, in turn is being populated into the accounts of the Registered Users for purposes of creating, operating, and updating the Applications.

Information We Collect Through the Website
The Website does not collect personally identifiable information from your computer when you browse the Website and request pages from our servers. This means that, unless you voluntarily and knowingly provide us with your personally identifiable information (such as by sending an e-mail to Pinxter), Pinxter will not know your name, your e-mail address, or any other personally identifiable information when you browse the Website.

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

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

User Content
The Applications and Services allow Registered Users to upload content to share with other users (“User Content”). Because the Applications are social networking, entertainment, and/or membership engagement tools, some of the information you provide to us when uploading User Content may be made public. This includes information provided along with User Content, such as the date and time that the User Content was posted, as well as User Content that you like and dislike or comment on, or other public interactions in the Services. Furthermore, other Registered Users may “follow” your User Account and thereby access all information you have made public.

Providing Information to Pinxter
You never have to provide personally identifiable information to Pinxter. However, should you choose to withhold certain required information, Pinxter may not be able to provide you with some or all of the Services. For instance, a User Account is necessary to enjoy all of the Pinxter Application’s features. Some of the information we ask you to provide may be identified as mandatory or optional. If you do not provide the mandatory information with respect to a particular activity, you may not be able to engage in that activity or make such a purchase. Pinxter will inform you of the mandatory or optional nature of the requested or required information.

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

Pinxter may establish relationships with various partners whose services may become available to you via the Applications, Website or third party websites to the Website or through the Applications (“Providers”). Typically, these Providers will offer services that Pinxter users may find useful, such as those that can be used in conjunction with the Applications, Website, or Services. In order to use these third party services, you may be required to provide personal information to such partners. Unless expressly provided to the contrary, personal information that you provide while you are visiting a partner’s website will be subject to the privacy policy posted on that partner’s website, and personal information that you provide while on the Website in conjunction with a Provider’s service will be subject to this Privacy Policy. For instance, credit card or PayPal® information entered as part of the filling out a purchase form or registration process collected by a third party’s registration and/or merchant services is subject to that third party’s privacy policies. You should be aware that Pinxter’s agreements with these service providers often provide that they will share personal information collected from you, with Pinxter. In such instances, Pinxter may use this information in a manner consistent with this Privacy Policy.

You may be provided an opportunity to subscribe to periodic newsletters and product updates provided by Pinxter’s advertisers and trusted partners. These newsletters and product updates are marketing tools that allow Pinxter’s advertisers to inform you of new services, products, and updates, as well as other news which may be relevant to you. Subscription to such newsletters may require you to provide your first and last name, your email address, and other information. You will be given the opportunity to choose the type of information such advertisers will provide to you and you will be provided with an opportunity to opt-out from receiving such information by either making appropriate choice in your User Account or by writing to info@pinxterapp.com

User Account
Pinxter encourages all users of the Applications to sign up for User Accounts in order to access the full range of features offered by the Applications. When registering for a User Account, Pinxter will ask you to provide certain information. Such information may include Membership Data and/or other personally identifiable information. Additionally, for some of Pinxter Applications, if and as such functionality is available, you may log into the Pinxter Application using an authorized third party social network account, such as a Facebook or Instagram account. In the event that you log into the Pinxter Application using a third party social network account, Pinxter may collect certain information from your third party social network account profile as well as information regarding your activities on the third party social network. It is completely optional for you to register for a User Account or engage in activities requiring a User Account.

Once you create a User Account, you will be deemed a Registered User and will be able to access, review, and update your User Account information through the Pinxter Application. You may also request to access and change your personal information and privacy preferences by contacting us at privacy@pinxterapp.com

If you wish to deactivate your User Account, you can do so by contacting Pinxter at privacy@pinxter.com and/or the Client as indicated on the “Contact Us” information in the Application. When you deactivate your User Account, some or all of the information stored and maintained as part of your account may be retained from our servers, including the User Content uploaded via the Pinxter Application and Services.

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

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

Third Party Applications
Pinxter may make third party applications or services available to you through the Applications, Website, or Services. The information collected by Pinxter when you enable a third party application or services is processed under this Privacy Policy. Information collected by the third party application or service provider is governed by the provider’s privacy policies.

Information Relating to Children
The Children's Online Privacy Protection Act (COPPA) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children's privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission Website at http://www.ftc.gov/ . The Pinxter Applications, Website, and Services are not directed at children under 13 years of age and, therefore, COPPA does not apply. However, we recognize that children under the age of 13 may access the Pinxter Application, Website, and Services. The collection of information from such users is covered above. Parents and legal Guardians may request us to review, delete, or stop the collection of the personally identifiable information of their child. You may do so by contacting us by letter (using the address information provided at the bottom of this page) or e-mail, at privacy@pinxter.com .

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

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

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

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

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

D. Purpose for Processing/Use of Information

How Your Personal Information Is Processed/Used
Pinxter collects information from you in order to record and support your participation in the activities provided by Pinxter. Pinxter recognizes and appreciates the importance of responsible use of information collected through the Applications, Website, and Services. Pinxter will not communicate any information to you regarding products, services, or special offers available from Pinxter or its affiliates without your consent, although we may find it necessary to communicate with you regarding your use of the Applications or Services. Except in the particular circumstances described in this Privacy Policy, Pinxter will also not provide your name to other companies or organizations without your consent.

  • We may use your e-mail address to send a confirmation e-mail when you sign up for a User Account and, if necessary, may use other information you provide to contact you for help to process the purchase or service you have selected. Your personal information also may be used to keep you informed about new services, service upgrades, special offers, and other Services.
  • Pinxter may collect information about your use of the Applications, Website, and Service (such as the types of services used and how many users we receive daily.) This information is collected in aggregate form, without identifying any user individually. Pinxter may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.

Disclosure of Information to Third Parties
In operating the Pinxter Applications, Website, and Services, Pinxter may engage third parties, such as e-mail service providers, purchase shipping and order processing merchants, and marketing companies that act as independent contractors on behalf of Pinxter. These parties are contractually prohibited from using your personally identifiable information for any purpose other than for the purpose Pinxter specifies.

  • We provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us. We prohibit the sale or transfer of personal information to entities outside of the Pinxter’ affiliates for their use without your approval.
  • We provide non-personally identifiable information on an aggregated basis to our trusted third party partners to enable our partners to provide you with information about services, special offers, and promotions of interest to you.

Disclosure of Information to Other Users
Through the use of the Pinxter Applications, Website, and Services, you may have the option to disclose personally identifiable information about yourself to other users. Certain personally identifiable information you disclose may be available to all users, such as information in your publicly-accessible account profile (“Public Information”). Other personally identifiable information may be intended only for particular users (“Private Information”), such as a private correspondence to such users. Any disclosure of Public Information or Private Information is undertaken willingly by you and you agree that Pinxter is not responsible for the contents or consequences of any such disclosure. Pinxter encourages you to exercise extreme caution when disclosing any information about yourself to other users, especially Private Information. Although Pinxter will not disclose your Private Information, you agree that Pinxter is not responsible for any consequence whatsoever of your willing disclosure of Private Information or Public Information to other users.

The Applications and Services may also allow you to communicate with other users. The rules and guidelines governing such communications are set out in the Terms of Service accompanying this Privacy Policy (www.pinxter.com). You expressly agree that Pinxter is not responsible for contents or consequences of any such communication or any information you choose to disclose through any such communication. You also acknowledge that Pinxter may access and review any such communications. Please exercise due caution when engaging in any such communication.

Securing the Transmission and Storage of Information
Pinxter is committed to protecting the security of your personally identifiable information. We use a variety of security technologies and procedures to help protect your personal information. Pinxter operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our users. Pinxter takes steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from our online products or services, and you use these services at your own risk.

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

A password is used to help protect your accounts and personal information. It is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always log out before leaving any site or service to protect access to your information from subsequent users.

Effect of Change in Control
In the event that all or substantially all of Pinxter’s stock and/or all or substantially all assets are transferred or sold to another entity, Pinxter may transfer personally identifiable information to the acquiring entity. If, as a result of such business transition, your personally identifiable information will be used in a materially different manner than as described herein, you will be given a choice consistent with our policy regarding notification of changes.

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

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

Registration Email and Contact by Pinxter
We reserve the right to send a one-time registration confirmation e-mail, and infrequent service alert messages to users to inform them of specific changes that may impact their ability to use a service they have previously signed up for, regardless of email contact opt-in status. We also reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty, or purchase agreements. Pinxter is retaining this right because in limited cases we feel that we may need to contact you as a matter of law or regarding matters that will be important to you. This does not allow us to contact you to market a new or existing service if you have asked us not to do so, and issuance of these types of communications is rare.

When you create a User Account with Pinxter and/or provide your e-mail address and other personal identification information, based on your personal preferences, we may periodically contact you via e-mail and provide information about special offers and promotions that may be of interest to you. These communications will relate to Pinxter offers and/or the promotions of select, reputable third parties with whom Pinxter has a strategic marketing relationship because they offer products or services that we believe would be of interest to you. We may use a third party e-mail service provider to send e-mails to you. This service provider is prohibited from using your e-mail address for any purpose other than to send Pinxter related e-mail. If you do not wish to receive e-mails with updates and information please unsubscribe by sending an email to: unsubscribe@pinxterapp.com. In addition, every time you receive an e-mail, you will be provided the choice to opt-out of future e-mails by following the instructions provided in the e-mail. You may also opt-out online by updating your User Account as described in the User Account section of this Privacy Policy (above).

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

California Residents
If you are a California resident, you can request a notice disclosing the categories of personal information that we may share with third parties for their direct marketing purposes during the preceding calendar year. To request this notice, please submit your request to privacy@pinxter.com . Please allow 30 days for a response. For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer such a request.

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

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

Data Processor
When Pinxter receives your Membership Data from Clients, it functions as a Data Processor, as defined by the GDPR, and will maintain and process the data according to instruction from the Client or its own standards. If and when Pinxter operates solely as a Data Processor, the Client of which you are an employee, member, or customer is then Data Controller. You can contact the Client through the contact information provided in each Client’s Clowder Application by accessing the settings.

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

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

GDPR Rights:
(i) Right of Confirmation
You may obtain confirmation of whether or not your personal data is being processed. If you wish to exercise your right of confirmation, you may contact Pinxter and/or its Data Protection Officer.

(ii) Right of Access
You may obtain from information about your stored personal data at any time and a copy of this information. If you wish to exercise your right of access, you may contact Pinxter, Client and/or their respective Data Protection Officer.

(iii) Right to Rectification
You may request the rectification of inaccurate personal data. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, by means of providing a supplementary statement. If you wish to exercise your right of rectification, you may contact Pinxter, Client and/or their respective Data Protection Officer.

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

(v) Right of Restriction of Processing
You have the right to restrict processing where one of the following applies:

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

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

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

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

(viii) Right to Objection to Processing
You may object to the processing of your personal data, unless there are legitimate grounds for the processing within the public interest, or for the establishment, exercise or defense of legal claims.
If Pinxter processes personal data for direct marketing purposes, you shall have the right to object at any time to the processing of your personal data for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If you object to Pinxter to the processing for direct marketing purposes, then we will no longer process the personal data for these purposes.

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

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

Data Protection Officer
Josh Bauder – Josh@pinxterapp.com

G. Privacy Related Inquiries and Complaints
Pinxter takes and addresses its users’ privacy concerns with utmost respect and attention. If you believe that there was an instance of non-compliance with this Privacy Policy with regard to your personal information or you have other related inquiries or concerns, you may write or contact Pinxter at privacy@pinxter.com

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

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

Copyright © 2018 Pinxter Inc. All rights reserved. The Applications, Website, Services and accompanying products and documentation are the copyrighted property of Pinxter Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Pinxter®, Clowder™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Pinxter Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Pinxter’s or third parties’ trademarks or logos without the prior written consent of Pinxter Inc. or the applicable trademark owner is strictly prohibited.