privacy & security policy

panOpticon (“panOpticon,” “we,” “us,” or “ours”) provides you with this privacy and security policy (“Privacy Policy”) because we know that you care about how your information is collected, used, shared and retained.

This policy outlines our handling practices and how we collect and use the Personal Data you provide during your online interactions with us. As used in this Privacy Policy, “Personal Data” means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, postal or other physical address, credit or debit card number, title, and other personally identifiable information.

If you reside in the European Union (“EU”), you may have additional rights with respect to your Personal Data, as further outlined below. These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”).

We will be the controller of your Personal Data that is provided, collected and/or processed pursuant to this Privacy Policy, except where otherwise expressly stated below or in separate agreement. If you have any questions about whether any of foregoing applies to you, please contact us using the information set forth in the “Contact Us” section below.

This Privacy Policy applies only to information collected when you access our Site http://panopticondesign.net/ (the “Site” or our “Site”) and in email, text, and other electronic messages between you and our Site. It does not apply to information collected by:

  • us offline or through any other means, including on any other Site operated by Company or any third party; or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Collection of your Personal Data
We may collect the following categories of Personal Data about you when you use or otherwise interact with our Site:

  • Name.
  • Title.
  • Email address.
  • Home/work/mobile telephone number.
  • Postal or other physical address.
  • IP addresses and other information collected passively.
  • Device identifiers.
  • Professional and occupational information.

Use and processing of your Personal Data
We will use your Personal Data only in accordance with our Privacy Policy. If you do not wish us to continue using your Personal Data in this manner, you can request that your account be deactivated by contacting us as specified in the “Contact Us” section.

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, such as your user agreement with us that allows us to provide you with the Services) and our “legitimate interests” or the legitimate interest of others (e.g. our users) such as:

  • Administering, personalizing, improving or operating our business;
  • Better understanding your needs and interests;
  • Fulfilling requests you make related to products and services;
  • Providing you with information and offers from us or third parties;
  • Complying with our legal obligations, resolving disputes with users, enforcing our agreements;
  • Protecting, investigating and deterring against fraudulent, harmful, unauthorized or illegal activity; or
  • Responding to inquiries from you or our third-party service providers.

You may use the Site without registering and without submitting any Personal Data. However, in order to request a demonstration of our software or in connection with the below activities related to our business, we may collect and/or process your Personal Data:

  • To enable you to access our products and services, including demos;
  • To correct problems you report through our Site;
  • To maintain records and copies of your correspondence (including email addresses), if you contact us;
  • For use of certain product features;
  • To keep you up to date on the latest product announcements, updates, upgrades, system enhancements, special offers, and other information;
  • To provide support and assistance for our products;
  • To provide the ability to create personal profile areas and view protected content;
  • To meet contract or legal obligations; or
  • For communicating with you by email, telephone or regular mail regarding news updates, special promotional offers, our products and services, or other information which may be of interest to you. If you later wish to opt out of receiving such promotional communications from us at any time, simply unsubscribe by following the “Opt-Out” or “unsubscribe” instructions. 

Data Subject Rights
You may have certain rights with respect to your Personal Data as set forth below. Please note that in some circumstances, we may not be able to fully comply with your requests, or we may ask you to provide us with additional information in connection with your request. For example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision. To make any of the following requests, contact us using the contact details referred to in the “Contact Us” section of this policy.

  • Access: You can request more information about the Personal Data we hold about you. You can also request a copy of the Personal Data.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
  • Objection: You can contact us to let us know that you object to the collection or use of your Personal Data for certain purposes.
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.
  • Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
  • Portability: You may have the right to ask for a copy of your Personal Data in a machine-readable format. You may also request that we transmit the data to another entity where technically feasible.
  • Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our products and services.
  • Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Data with a supervisory authority.

 Automatic Collection
We automatically collect some information about you when you use our Site, using methods such as cookies and tracking technologies (further described below). Information automatically collected includes IP address, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Site visited, number of links you click while on the Site, search terms, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, Site traffic and related statistics, keywords and/or other data.

Cookies and Other Tracking Technologies
When you visit the Site, cookies or other tracking technologies may be placed on your computers or mobile devices. A cookie is a small amount of information that a web server sends to your browser that stores information about your account, preferences and use of the Site. Cookies allow us to recognize you when you return to the Site and track and target your interests in order to provide a customized experience. We use cookies to record session information, record user-specific information on what pages are accessed or visited, or record other information that the tracking technologies provide.

“Session” cookies are temporary cookies used for various reasons, such as managing page views. Typically, your browser will erase session cookies once you exit the browser.

“Persistent” cookies are more permanent cookies that are stored on your computer or mobile device after you exit the browser. Persistent cookies allow us to retrieve certain information that you have previously provided to us (for example, your user ID if you ask to be remembered).

The Site may use both session and persistent cookies. The Site may also use “tracer tags,” which are tiny graphic images placed on Site pages or in our e-mails that allow us to determine whether you have performed certain actions. When you access these pages or open e-mail messages, the tags generate a notice of that action to us. These tools allow us to measure response to our communications and improve our web pages. You may manage, block or delete cookies and other tracking technologies by adjusting your browser’s security and privacy settings but, if you do so, you may not be able to use particular features of the Site.

To find out more about cookies, including how to manage and delete cookies, visit www.allaboutcookies.org or www.aboutcookies.org.

 Aggregated Personal Data
We may analyze your Personal Data in aggregate form, which does not identify you personally. We may share this aggregate data with our affiliates, agents, advertisers, service provider and business partners. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

Supplemented Data
Supplemental data may be received about you from other sources, including publicly available databases or third parties from whom we have purchased data, in which case we may combine this data with information we already have about you so that we can update, expand and analyze the accuracy of our records, identify new customers, and provide products and services that may be of interest to you.  If you provide us Personal Data about others, or if others give us your Personal Data, we will only use that information for the specific reason for which it was provided to us.

Sharing Your Personal Data
We may share your Personal Data with third parties without notice to you under certain circumstances including:

  • Service Providers:When we engage a service provider to perform certain business-related functions, we only provide them with the information that they need to perform their specific function.
  • Legal Requirements: We may disclose your information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate (i) to operate the Site, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, agents or licensors, (iv) protect the personal safety of users of the Site or the public, or (v) to enforce or apply our terms of use which can be found at http://panopticondesign.net/design/terms-of-use/.
  • Business Transfers: We may share your information with business partners or buy or sell businesses or assets. In the event of a corporate sale, asset sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the assets that are transferred.
  • Aggregated Information:We may aggregate Personal Data and provide it to our existing or potential business partners, advertisers or other third parties, in response to a government request, or to other third parties for lawful purposes.
  • Other Purposes: We may also disclose your information (i) to fulfill the purpose for which you provide it (ii) for any other purpose disclosed by us when you provide the information, or (iii) with your consent.

Email Marketing
We offer you control over your privacy preferences regarding email. You may update these preferences at any time. Please allow sufficient time for your preferences to be processed. You may unsubscribe from receiving promotional e-mails of certain types at any time by following the “Opt-Out” or “unsubscribe” instructions.

Security
We take precautions to safeguard your Personal Data against unauthorized access or disclosure including Secure Sockets Layer (SSL) encryption. Unfortunately, no data transmission over the internet or stored on a server can be guaranteed to be 100% secure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential.

Data Retention
We retain Personal Data only for as long as necessary to provide the products and services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

  • mandated by law, contract or similar obligations applicable to our business operations;
  • for preserving, resolving, defending or enforcing our legal/contractual rights; or
  • needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal data, please, Contact Us.

Accessing, Update or Delete Your Personal Data
You can access, view, update your Personal Data by sending us an email at enquire@panopticondesign.netto request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you wish to port your Personal Data, please Contact Us. If you make a request to delete or port your Personal Data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any products or services purchased or required for our legitimate business purposes or legal or contractual requirements.

Children
Our Site is available only for those over the age of 18. The Site is not targeted to or intended for use by children under the age of 18. panOpticon does not knowingly collect or use any Personal Data from such children. If you are under the age of 18, do not submit any information to this Site. If we learn that we collected Personal Data from children under the age of 18, we will take steps to delete that information as soon as possible. If you know of or have reason to believe anyone under the age of 18 has provided us with any Personal Data, please Contact Us.

Changes to Privacy Policy
panOpticon may, in its sole discretion, change this Privacy Policy from time to time without prior notice. We will notify you of any material changes to this Privacy Policy by changing the “Last Updated” date at the top of this Privacy Policy. If you visit the Site after a change to this Privacy Policy is posted on the Site, you will be bound by such change. Please refer back to this Privacy Policy on a regular basis. If you object to any of the terms in a revised Privacy Policy, you have the right to cease using the Site. If you have questions about this Privacy Policy or believe that panOpticon has acted inconsistently with this Privacy Policy, please Contact Us.

Privacy Practices of Third Parties
The Site may contain links to third party websites, products, and services. These third-party Sites may place cookies or other tracking technologies on your computer or personal device. Information collected by these third-party websites is governed by their privacy practices and is not subject to this Privacy Policy. We are not responsible for how these third-party Sites collect, use, disclose, distribute, or maintain Personal Data. If you visit a third-party website linked from the Site, you do so at your own risk. We encourage you to learn about the privacy practices of those third parties prior to providing them with an information or taking advantage of an offer or promotion. panOpticon expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Data by third parties.

‘Do Not Track’ notifications
Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

Governing Law and Jurisdiction
All matters relating to the Site or 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 New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these the Site or this Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Important Notices to Non-U.S. Residents
The Site is operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through the Site, you consent to this transfer.

We may transfer your Personal Data to third parties acting on our behalf for the purposes of processing or storage. By using our Site or providing any Personal Data for any of the purposes stated above, you consent to the transfer and storage of your Personal Data, whether provided by you or obtained through a third party, to the U.S. as set forth herein, including the hosting of such Personal Data on U.S. servers. In certain cases, we will transfer Personal Data in accordance with the European Commission-approved Standard Contractual Clauses, a copy of which can be obtained at:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087.

California Privacy Rights Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please Contact Us. 

Contact Us. If you have any questions regarding this Privacy Policy or our privacy practices, you may email us at: enquire@panopticondesign.netwith “PRIVACY POLICY” in the subject line, or send us a letter addressed to:

panOpticon V Corp
157 West 79th Street, Suite 7D
New York, NY 10024

Last modified August 30, 2018