Privacy Policy

Last Update:October 2nd, 2019

INTRODUCTION

This Privacy Policy applies to information that PreciousX. and its parent, subsidiary, and affiliate entities worldwide (each referred to herein as "Creatorsfyx" or "the Company" or "we" or "us" or "our") collects about you on or through creatorsfyx.com or one of our other websites, applications, or other services from which you are accessing this Privacy Policy (each referred to herein as a "Site" and collectively, the "Sites On every page of the Sites, you can find a link to this policy in the footer. When you use the Sites or give Creatorsfyx personal information as described below, you agree to the terms of this Privacy Policy.

This Privacy Policy explains how we get this information, how we use it, who we might share it with, and when we might do so. Personal information includes, but is not limited to, your name, postal address, zip or postal code, email address, phone number, date of birth, payment information, demographic information, and any other information you choose to give us. For the purposes of the EU's General Data Protection Regulation (GDPR), and any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, located, or contacted. The personal information we collect is stored and/or managed by PreciousX in Lagos, Nigeria and/or the relevant local corporate affiliate (s).

We may share and use your personal information with our parent, subsidiary, and affiliated companies so that their websites and services can work better for you. We may give your personal information to third parties so they can use it for direct marketing, as explained in the sections below about Information Disclosure and Your Choices/Your Privacy Rights. If Creatorsfyx is involved in a merger, acquisition, asset sale, or other similar transaction, like the sale of a part of our business, Creatorsfyx may share or transfer your Personal Information as part of the transaction, and your Personal Information may become subject to the privacy policy of another entity.

Only information collected at or through the Site is covered by this Privacy Policy. We may, however, link to other websites, so we recommend that you read the privacy policies of those sites carefully. Please keep in mind that Creatorsfyx is not in charge of the content or privacy policies of these other sites.

The Terms of Use for Creatorsfyx, which explain how you can use the services we offer on this Site, are included in and a part of this Privacy Policy.


INFORMATION YOU PROVIDE TO US

There are multiple locations throughout the Site where Creatorsfyx obtains personally identifiable information.

When you: (1) use the Site or services; (2) create an account with us (the "Account") or otherwise sign up for a service or feature; (3) communicate with us via third-party social media sites; (4) contact us, or otherwise communicate with us or provide information to us, we (or our service providers) collect information from you.

To better understand how visitors use our Site, we additionally log non-personally identifying information about their browser type, operating system, and Internet Service Provider (ISP) when they click through to our pages. This data will be used to aid in the diagnosis of server issues, Site administration, and user-specific content presentation. It is possible that aggregate, anonymized data on traffic and transactions will be shared with business partners and advertisers.

When you send a friend a message on a Site or otherwise, you may be providing us with information about that friend. The provision of such information by you constitutes a representation that you are authorized to do so on behalf of the individual concerned.

When you use our Sites via a third-party social networking platform (depending on your actions and settings on that platform), we may obtain information about you from that platform as well as other sources, such as address update services and co-promotion partners. Your use of our Sites constitutes your agreement to the collection and use of your Personal Information as described above.

If you are creating an Account on a Site for the first time and you have already provided us with your email address in another context (such as when signing up for our emails or entering one of our sweepstakes or other promotions), we may recognize that email address and prefill some or all of the required fields in your new online Account with your previously provided information. This is happening because your email address has been identified and your details have been added to your Account for your ease of use.

Do not provide us any information about yourself if you do not want us to collect it. By logging into your Account on the Site, you can make any necessary changes to your personal details or preferences. Additionally, you have the option to withdraw your consent by following the steps outlined below.

Contact us at hello@creatorsfyx.com if you receive an email or other contact asking for personal information (such as your Site password or credit card information) that does not appear to be linked with the Site.


SITE INFORMATION & OTHER INFORMATION COLLECTED AUTOMATICALLY

Certain information about you and your use of the Sites is automatically or passively gathered as part of the Sites' routine functioning. Some of the Site Usage Information (as described below) may be automatically collected by our servers, or we (or our service providers) may use cookies and other tracking technologies to collect and track such information.

To name a few examples of what falls under the umbrella of "Site Usage Information": I the type of browser you use, the device you access the Site on, the carrier you use (if any), the device address, the operating system you use, the IP address, and the domain name from which you accessed the Site; (ii) the geographic location (including, but not limited to, your region, continent, country, city, zip code, time zone, and general location); and (iii) details

The content and/or information in your third-party accounts may be imported into your account with us if you supply or connect your credentials to an account with our Site. When you sign in with Facebook, for instance, we get access to your public profile and gather information like your name, email address, and profile picture.

However, unless otherwise required by law, we do not consider this Site Usage Information to be personally identifiable. However, we may combine your Site Usage Information with your Personal Information, in which case we would treat the combined information as "personally identifiable" or "Personal Information" for the purposes of this Privacy Policy.


COOKIES AND OTHER TRACKING TECHNOLOGIES

To help us better serve our users and better understand how our Sites are used, we and our service providers may employ various technologies such as cookies, pixel tags, web beacons, Adobe Flash Technology, and other similar tools. Also, we may automatically gather geo-location data or information if your location-aware device's settings permit it.

When you visit a website, the server may store some information about your visit in a text file called a "cookie" on your computer. By using cookies, third parties (such as us, our service providers, and others) are able to do things like I monitor your use of the Sites, (ii) monitor your clicks and conversions, (iii) recognize your computer or device so that you can save your preferences and stay logged in to the Sites without re-entering your Account credentials, (iv) deliver customized content, messages, and advertising to you, and (v) otherwise improve and personalize your experience. Most devices provide an option to disable cookie collection if you prefer not to have your data tracked. If you choose to disable cookies, some features and services of the Sites may not function properly or at all, therefore we suggest leaving them turned on.

In order to improve and facilitate certain experiences, processes, and functionality on the Site, we may employ Flash cookies and other similar technologies, which allow a website to store some information locally on an individual's computer or device and subsequently access and use that information. Flash cookies are unique and may not be deleted in the same way as regular cookies. At www.allaboutcookies.org, you may get more details about both types of cookies.

Web beacons (also known as "clear GIFs" or "pixel tags") are used in a manner similar to that of cookies. Beacons are tiny graphics that can be placed anywhere on the site or in an email to track user behavior. With the aid of these technologies, we can see if and when a specific page on a Site is visited, if an email is opened, and if any of the links or other material within an email is actually read.

To monitor the traffic to our website and to assess the efficacy of our promotions, content, and communications, we may employ the usage of an outside web analytics service, such as Google Analytics or Adobe services. Cookies, tags, and web beacons are just a few of the techniques used by these service providers that allow us to learn more.


DO NOT TRACK

Setting your browser to "Do Not Track" (or "DNT") is a precautionary measure you can take to protect your personal information. With Do Not Track (DNT), you can signal to websites and services that you do not want certain information about your webpage visits to be collected over time and across websites and online services. We believe that you should have control over the information we collect, which is why we provide you the option to not have that information collected. At this time, we are not a part of any DNT frameworks that would enable us to react to signals or other procedures from you relating to the acquisition of your information. If you use our website, we may share information about your online activities over time and across multiple websites with third parties, such as marketing or analytics partners. Visit http://allaboutdnt.org for additional information about "Do Not Track" and browser tracking signals.


THIRD PARTY ADVERTISING

Web advertising partners may provide some of the material you see on our Site. Ads may be tailored to your interests based on information about your visits to partner sites, such as the number of times you have viewed an ad (but not your name, email address, or other Personal Information).

Additionally, we have relationships with service providers and advertising companies that employ tracking technologies such as cookies, web beacons, and similar tools to compile information about your activities across the Sites and other websites. This data is then used to provide you with more relevant advertising on those other sites. The data utilized in this way is often aggregated so that no individual can be identified from it.


INFORMATION USE

There are a few examples of how we might put the data we gather from and about you to use (which may include both Personal Information and Site Usage Information): I to serve you more relevant advertisements and offers while you're browsing the Sites; (ii) to contact you (via postal mail, email, and the like) with promotional materials about us, our services, and our events, as well as promotional materials about select partners, subject to your communications preferences and, where required by applicable law, subject to your consent; (iii) to contact you when necessary or appropriate; where appropriate, for market research, customer service, online and offline operations.

Where permitted by applicable law, we use any information about a third party that you send to us (as mentioned above in the "Information You Provide To Us" section) to fulfill your requests and will treat such information in line with this Privacy Policy.

Site Usage Information and information collected through cookies, web beacons, and other tracking technologies are analyzed and used by us (and our service providers) alone or in combination with Personal Information to evaluate user activity on the Sites and our communications, to measure the effectiveness of our marketing and promotional campaigns, and to personalize the Sites and our communications with you. We perform this action both separately and collectively.

Please be aware that depending on the exact purpose for which we are using your data, we may handle your personal data on more than one lawful ground.


PAYMENT CARD INFORMATION

Certain features of our services, such as financial transactions, may necessitate that you provide us with financial account details (hence "account information") from a PayPal, bank, credit, or debit card. Your submission of such account information through the Site constitutes your express consent to the Site's sharing of such information with third-party merchants, billing processors, and payment processors. To facilitate future usage of our services, these third parties may keep your account information in their databases. We do not have access to your whole account history, do not keep your account details, and are not directly responsible for or in charge of your account details. We do not guarantee that the transmission of your account information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third party service providers, even though we do require such third party merchants, billing processors, and payment processors to use reasonable procedures to help protect your account information. If your information becomes public due to a transmission error, hacking, or other means beyond our control, we will not be held responsible or liable in any way.


INFORMATION DISCLOSURE

To the extent permitted by law, we may share the information we collect (including Site Usage Information and Personal Information) with third parties in the following ways:

1. Third parties (including, without limitation, website or database hosts, address list hosts, email service providers, analytics providers, distribution companies, fulfillment companies, and other similar entities that assist us in operating the Site and/or providing functionality, content, and services) that collect or use such information on our behalf or as instructed by us;

2. Companies and Organizations in the PreciousX Family;

3. The accountants and auditors, together with other professional advisors such as bankers, lawyers, and insurance agents;
When we have reason to suspect that our rights or property, or the rights or property of any third party, may be or have been harmed, or if there has been a violation of the Terms of Use or any other policy of the Sites;

4. To comply with subpoenas or other legal proceedings, or to produce information as required by law;

5. In the case of an acquisition, merger, sale, consolidation, bankruptcy, liquidation, or similar business reorganization involving Creatorsfyx or substantially all of its assets, where your information may be one of the transferred assets;

6. To third-party marketers until you opt-out, and otherwise in accordance with applicable law;

7. We recommend that you do not submit or post any sensitive Personal Information, such as your full name, home address, telephone number, or other information that would enable others to contact or locate you, when you contribute to a social, community, or other publicly available area or feature of the Sites, depending on your settings. As required by law or with your consent, etc.


Through feeds from and other interfaces with third-party platforms, the Site may display content and information that you contribute on or through Facebook, Twitter, Instagram, Tumblr, and other such sites. The information, content, and/or privacy practices of such third-party sites are beyond our control.

If we decide to sell, transfer, or combine with another company, the acquiring party will gain access to some personal information. Alternatively, we could try to combine or purchase other companies. If our company or its assets are acquired by another company, the acquiring company will have the same rights to your personal information as stated in this Privacy Statement.


YOUR CHOICES / YOUR PRIVACY RIGHTS / HOW TO UNSUBSCRIBE

If you would like to opt out of receiving direct mail from us, please contact us at support@creatorsfyx.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email or contact us at support@creatorsfyx.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would prefer that we not share your Personal Information with third-party marketers, please contact us at support@creatorsfyx.com. Please understand that if you do request that we stop sharing your Personal Information with third parties for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from third parties that received your Personal Information prior to that request. In these cases, please opt out from or contact the third party directly.


CONSENT

By consenting to this Privacy Policy you are giving us permission to process your Personal Information specifically for the purposes identified.

You may withdraw consent at any time by contacting us at support@creatorsfyx.com. We try to respond to all legitimate requests within forty five (45) days. Occasionally it may take us longer than forty five (45) days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.


MAINTENANCE AND PROCESSING OF INFORMATION IN THE U.S. AND OTHER COUNTRIES

Your personal and other information may be stored, transferred and processed in and to the United States. By providing Personal Information to us, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protection than the laws of other countries, and you acknowledge that your information may thus be subject to U.S. laws and accessible to the U.S. government, courts, law enforcement and regulatory agencies.

If you reside in the European Economic Area (EEA) or the United Kingdom (UK), please note that our and our external third parties processing of your personal data will involve a transfer of data outside the EEA or UK. Please further note that we have elected to not participate in the EU–US Privacy Shield.

Whenever we transfer your personal data out of the EEA or UK, we ensure a similar degree of protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses.


ACCESS TO YOUR PERSONAL INFORMATION

At any point while we are in possession of or processing your Personal Information, you, the data subject, have the following rights:

  • Right of access – you have a right to request disclosure of your Personal Information, and to receive additional details regarding the Personal Information we collect and its use purposes, including any third parties with which we share your Personal Information. You also have the right to request a copy of the information that we hold about you.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records and request that we instruct our third party service providers to so the same.
  • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
  • Right of portability – in response to a request for disclosure, you have the right to have the Personal Information we hold about you in a readily usable format.
  • Right to object – you have the right to object to certain types of processing such as direct marketing.
  • Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
  • Right to judicial review: in the event that Creatorsfyx refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined below.

Third parties must also give consumers explicit notice and an opportunity to opt out before re-selling personal information that the third party acquired from another organization. All of the above requests will be forwarded on should there be a third party involved in the processing of your Personal Information.


SECURITY

We have implemented measures in an effort to safeguard the Personal Information in our custody and control. Such measures include, for example, limiting access to Personal Information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Policy, as well as other administrative, technical and physical safeguards. Additionally, our service providers are not authorized to use or disclose your Personal Information for any purpose other than providing the services to us or on our behalf, or as otherwise may be required by applicable law. While we endeavor to always protect our systems, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers.

To provide you with increased security, access to certain Personal Information stored in your Account is protected with your username and password. You are responsible for maintaining the confidentiality of your Account credentials, and we strongly recommend that you do not disclose your account username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your Account credentials or any other suspected breach of security.


CHILDREN'S PRIVACY

The Sites are not directed to children under the age of thirteen (13). If you are under thirteen (13), do not provide your Personal Information on or to the Site. We do not knowingly collect on the Sites any Personal Information from children under thirteen (13). Users outside of the United States who are below the age of eighteen (18) (or the age of the majority in the applicable jurisdiction) should not use the Sites without authorization from a parent or legal guardian. If a parent or guardian becomes aware of his or her child has provided us with Personal Information without their consent, please contact us at: support@creatorsfyx.com.


THIRD-PARTY WEBSITES

The Sites may contain links (which may take the form of hyperlinks, widgets, clickable logos, plug-ins, images or banners) to websites and services operated by entities other than us. This Privacy Policy does not apply to such websites or services, so we recommend that you review their posted privacy policies so that you understand the relevant information collection, use and disclosure practices.


CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time and the amended policy will be posted to the Sites. We reserve the right to update, change, amend or modify this Policy at any time and from time to time without prior notice. When we post changes to this Privacy Policy, we will revise the “Last Updated” date at the top of the Privacy Policy. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.


RETENTION

We will process Personal Information for so long as reasonably required to provide the services.


HOW WE USE THE PERSONAL INFORMATION COLLECTED ABOUT YOU

We will process (collect, store and use) the information you provide in a manner compatible with the GDPR. We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary. Creatorsfyx is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of Personal Information should be kept may also be governed by specific business-sector requirements and agreed practices. Personal Information may be held in addition to these periods depending on individual business needs.


HOW TO FIND OUT PERSONAL INFORMATION HELD BY Creatorsfyx

If Creatorsfyx does hold Personal Information about you, you can request the following information:

  • Identity and the contact details of the person or organization that has determined how and why to process your data. In some cases, this will be a representative in the EU.
  • Contact details of the data protection officer, where applicable.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on the legitimate interests of Creatorsfyx or a third party, information about those interests.
  • The categories of Personal Information collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
  • If we intend to transfer the Personal Information to a third country or international organization, information about how we ensure this is done securely. The EU has approved sending Personal Information to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
  • How long the data will be stored.
  • Details of your rights to correct, erase, restrict or object to such processing.
  • Information about your right to withdraw consent at any time.
  • How to lodge a complaint with the supervisory authority.
  • Whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the Personal Information and the possible consequences of failing to provide such data.
  • The source of Personal Information if it wasn't collected directly from you.
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

Creatorsfyx accepts the following forms of identification when information on your personal data is requested: Passport or Driver's License.


COMPLAINT

In the event that you wish to make a complaint about how your Personal Information is being processed by Creatorsfyx or third parties, or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Creatorsfyx 's Data Protection Officers (DPO).

To contact our Data Protection Department:

Email: support@creatorsfyx.com


GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION

All matters relating to the Site and this Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). By using the Site, you agree that any dispute, claim or controversy in any manner arising out of or relating in any way to this Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in California before a single neutral arbitrator. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any award may be entered in any court having competent jurisdiction thereof. Without limiting the generality of the foregoing, in the event that any party seeks injunctive or equitable relief with respect to any actual or threatened breach of this Privacy Policy, such party may seek relief in a court of competent jurisdiction. In the event of a dispute between or among the parties hereto that is not subject JAMS' arbitration rules, held before a single neutral arbitrator in California. The parties to arbitration, the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of the State of California. Notwithstanding anything else in this Privacy Policy or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action (as defined below) related to a dispute covered by this arbitration provision. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court of competent jurisdiction, in connection therewith each of the parties consent to the sole and exclusive jurisdiction of the state and federal courts of the of California. For purposes of this Privacy Policy, the term “Class Action” shall mean claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action.

CONTACT US

If you have any questions about this Privacy Policy, please contact us via email at support@creatorsfyx.com.