GiantChair, Inc. and our subsidiaries and affiliates (“GiantChair”, “we”, “our”, or “us”) provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive via our website with a homepage located at http://www.onixsuite.com and our related online software and services (the “Platform”).

For information regarding our treatment of the data that we receive, or are provided access to, in connection with our provision of on-demand software or other services to our customers (“Program and Services Data”), please see Section 3 below. Program and Services Data include all metadata uploaded to our Platform by customers that have contracted with us, or registered for a free trial, for on-demand software or services. Section 3 is the only section of this Privacy Policy that describes our information practices with respect to Program and Services Data.

This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting a notice on the Platform. Your use of the Platform following any such notice will signify and constitute your assent to and acceptance of such revised Privacy Policy.

This Privacy Policy does not apply to the products or services of our business partners or to any other third parties. We recommend that you review the privacy statements of the other parties with whom you interact before submitting your information.

1. Information Collection and Use

For the purposes of this Privacy Policy, “Personal Information” means information that can be used to uniquely identify you, such as your name, physical address, e-mail address, company, telephone number, and financial/credit card and payment information.

Personal Information We Collect

When you interact with us, we may ask you to supply us with Personal Information. For example, when you create an account with us, or place an order, subscribe to newsletters or promotional materials, or otherwise use our Platform, we may ask you to provide Personal Information.

Our Use of Your Personal Information

We mainly use your Personal Information, either alone or in combination with other information, so that we can provide, enhance and personalize our Platform and related content, products, and marketing efforts.

The following are examples of a variety of ways that we may use your Personal Information. We may use your Personal Information:

* to provide you with the best user experience possible;

* to provide the products and services you purchase, respond to your questions, and carry out the transactions you have requested;

* to communicate with you regarding Platform updates, offers, orders, alerts, promotions, and events;

* to help us customize, deliver, support and improve our Platform, products, and content;

* to help authenticate any account you create with us;

* to protect the rights or property of GiantChair or our customers, and prevent fraud and other prohibited or illegal activities;

* to protect the security of our products, services, and business;

* for our internal purposes (such as auditing, data analysis, and research to improve our products, services, and communications); and

* otherwise, as disclosed to you at the point of collection.

 If you decide at any time that you no longer wish to receive communications from us, please follow any unsubscribe instructions that may be provided in our communications to you, or update your user preferences by logging into your user account on the Platform. Please note that we may use your Personal Information to contact you with important notifications, such as notices with respect to purchases, safety, or changes to our terms, conditions, and policies; you may not opt out of these notifications.

Custom Sites

Our Platform may include features that allow our customers to create web sites and applications that run on our Platform (“Custom Sites”). This Privacy Policy does not apply to Custom Sites or any information you provide to any Custom Sites.

Collection and Use of Non-Identifying Information

We may collect, use, transfer, and disclose information in a form that does not personally identify you (“Non-Identifying Information”) for any purpose. Non-personal information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We and/or our third party service providers obtain non-personal information about you from information that you provide us, either separately or together with your Personal Information. We and/or our third party service providers also automatically collect certain non-personal information from you when you access our Platform.

Certain Non-Identifying Information about you would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. However, the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users or sources to attempt to provide you with a better experience, to improve the quality and value of our products and services, and to analyze and understand how our products and services are used. We may also use the combined information without aggregating it to serve you specifically.

Non-Identifying Information We Automatically Collect 

When you access our Platform via a web browser, software application or other client, we and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically record certain usage information. This information may include your Internet Protocol address (and other unique identifiers for the particular device you use to access the Internet), browser type, your web or application request, your interaction with our Platform, the webpage or other feature you were using before you came to our Platform, pages of our website that you visit, information you search for via our Platform, access times and dates, and other similar information. We use this information for a variety of purposes, including analyzing and enhancing our products and services, and to help personalize our Platform for you. We do not treat this information as Personal Information (except to the extent required by local law), although if we combine it with the Personal Information you provide, we will treat the combined information as Personal Information. We and our third-party service providers may automatically collect Non-Identifying Information using various methods, including, without limitation, cookies and application identifiers.

A cookie is a small data file transferred to your computer (or other device) when it is used to access our Platform.

You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.eu.

Cookies may be used for many purposes, including to enable certain features of our Platform, to better understand how you interact with our Platform and to monitor aggregate usage by visitors and online traffic routing. You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the online services you visit. If you do not accept cookies, however, you may not be able to use all portions of our Platform or all functionality of our Platform.

2. Information Sharing and Disclosure

Except as described in this Privacy Policy, we will not share your Personal Information with other companies or individuals outside of GiantChair unless we have received your consent. Non-Identifying Information may be provided to third parties for any purpose.

Our Service Providers and Other Third Parties

We may engage third party companies and individuals to perform services on our behalf (e.g., without limitation, payment processing, software maintenance services, e-mail notifications, product delivery services, database management, web analytics and other services). These third parties may have access to your Personal Information. If they do, this access is provided so that they may perform these tasks on our behalf and they are not authorized by us to otherwise use or disclose your Personal Information, except to the extent required by law.  

Compliance with Laws, Legal Process and Authorities

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of us or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

Data Transfer

GiantChair processes personal information on our servers in the United States of America. Your Personal Information may be transferred to, and used by, entities located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction, and by using the Platform, you consent to such transfers.

Business Transfers

Circumstances may arise where, whether for strategic or other business reasons, we may sell, transfer or otherwise disclose some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. It’s GiantChair’s practice to seek appropriate protection for information in these types of transactions.

3. PROGRAM AND SERVICES DATA.

When a customer contracts with us for on-demand software or for other services, such customer may provide us with Program and Services Data. By way of example, a customer may submit metadata to us for scoring or other processing.

We and our authorized third party service providers may access, collect and/or use Program and Services Data:

  * to fulfill the requirements specified in your order for services or on-demand software or any request made by you;

* to maintain, test, monitor and upgrade our Platform;

* to develop patches, updates and other fixes to our Platform or any programs and services;

* to develop new products or services;

* to comply with legally mandated reporting, disclosure or other legal process requirements;

* to the extent such Program and Services Data is comprised of metadata submitted to our central online metadata repository (currently called the “Onixsuite Metadata Repository”), for any purpose whatsoever, including to share such metadata, or portions thereof, with third parties; and

* for any other purpose authorized by you.

We may transfer and access Program and Services Data globally as required for the purposes specified above. If we engage third parties to assist in providing our Platform or any services, their access to Program and Services Data will be consistent with the terms of your order for services or on-demand software and this Section.

We may process Program and Services Data, but we do not control your information collection or use practices for Program and Services Data. If you provide any Program and Services Data to us, you are responsible for providing any notices and/or obtaining any consents necessary for us to access and use Program and Services Data as specified in this Privacy Policy and in your order.

4. General.

Changing or Deleting Your Information

GiantChair makes good faith efforts to enable features on the Platform that provide individuals with reasonable access to Personal Information that they have provided to GiantChair and the reasonable ability to review and correct it or ask for deletion, as applicable, if it is not otherwise required to be retained by law or for legitimate business purposes. To view and change Personal Information that you have directly provided to GiantChair via the Platform, you can log in to your user account on the Website, or contact GiantChair via e-mail to support@onixsuite.com. Please note we may retain server/backup copies of all such data, and that we may decline to process change or deletion requests that we deem to be unreasonable, or require disproportionate technical effort, or jeopardize the privacy of others.

Security

We employ appropriate security measures to protect your Personal Information from unauthorized access, alteration, disclosure, or destruction. These security measures include administrative, technical, and physical precautions to safeguard your Personal Information against loss, theft, and misuse. Please be advised, however, that while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction or inadvertent disclosure of your personally identifiable information.

Third Party Products and Services

Our products and services may contain links to, or content from, third party websites and other products and services. The fact that we link to a website, provide functionality permitting you to export Program and Services Data to third parties, or display an advertisement or other third party content is not an endorsement, authorization or representation of our affiliation with any of those third parties, nor is it an endorsement of their privacy or information security policies or practices.

Our Policy Toward Children

We do not knowingly collect personally identifiable information from children under 13 via our Platform, and do not target our Platform to children under 13. We encourage parents and guardians to take an active role in their children’s online activities and interests.

Changes to this Privacy Policy

We will occasionally update this Privacy Policy. If we make changes, we will revise this Privacy Policy to reflect such changes, post a notice on our website, and revise the effective date included at the end of this policy.

Contacting Us

If you have any questions about this Privacy Policy, please feel free to contact us via e-mail to support@onixsuite.com.

Privacy Policy Effective Date:   October 2, 2012