Last Updated: June 7, 2023
This Privacy Policy (“Privacy Policy” or “Policy”) explains how aShareX, Inc. aShareX Fine Art, LLC, aShareX Management, LLC, aShareX Holdings, LLC and their subsidiaries and affiliated companies (collectively, the “Company, “we,” “us” or “our”) may gather, collect, record, hold, distribute, share, disclose or otherwise use your personal information and the rights and choices you have in relation to your personal information.
This Privacy Policy applies to all personal information collected during any written, electronic, and oral communications or collected online or offline (collectively, the “Services,” including through our website at www.aShareX.com all corresponding webpages, software applications or mobile applications that link to this Privacy Policy (collectively, the “Site”), and when you interact with our advertising and applications on third-party websites and services, if the advertising and applications include links to this Privacy Policy.
By using our Site or Services, you agree to the collection and use of your personal information in accordance with this Privacy Policy and our Terms of Use. If you do not agree to all of the terms of this Privacy Policy or the Terms of Use, then you should not use or access our Site or Services.
We may update this Privacy Policy from time to time and make changes to information previously collected, as permitted by law. If we make material changes, we will post the updated Privacy Policy on this page with an “Updated” effective date of the revisions. We encourage you to look for updates and changes to this Privacy Policy by checking this date when you access our Services.
Please note that our Site may contain links to third-party websites, such as social media pages and auction house sites. These links are intended for your convenience only. These third-party websites and services are not related to the Company and may have separate privacy policies and data collection practices. We have no responsibility for these websites or their privacy practices and encourage users to read the privacy policies of all websites they visit.
1. INFORMATION WE COLLECT
When you access or use our Services, we may, either directly or by using our service providers, gather, collect, record, hold, distribute, share, disclose or otherwise use personal information about you which you provide to us. Personal information is any information that relates to you, identifies you personally, or could be used to identify you including your name, mailing address, email address and telephone number. Personal information does not include anonymized or aggregated information. The types of personal information that we may collect about you are described below.
1.1. INFORMATION YOU VOLUNTARILY PROVIDE TO US. We collect personal information that you voluntarily provide to us when you:
In these instances, the types of personal information that we may collect from you may include:
1.2. INFORMATION WE COLLECT BY OTHER MEANS
1.2.1. INFORMATION AUTOMATICALLY COLLECTED
When you access or otherwise use our Site or Services, we automatically collect certain personal information about you, including:
1.2.2. INFORMATION WE RECEIVE FROM THIRD PARTIES IF APPLICABLE TO FURTHER INFORMATION
We receive information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our Services to you, and prevent or detect fraud.
We may also collect personal information about you that we receive from our partners, group members or other third parties. For example, if you intend to, or make, a purchase from us, we may receive information about your creditworthiness from our financial service providers; or if you visit one of our social media accounts, the respective provider may provide us with statistical information regarding your use of our account. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you recommendations and special offers that are more likely to interest you.
1.2.3 THIRD PARTY COLLECTION VIA WEBSITE
A number of third-party companies may collect personal information about you during your use of our Site, through the use of pixels. These third parties are generally advertising / marketing partners, social media partners, auction partners, broker-dealers and analytics providers. The following is a non-exhaustive list of these third parties, along with links to their specific privacy policies:
The type of personal information gathered directly by these third parties includes IP address, unique personal identifier, online ID, consumer history / tendency, interaction with the website and preferences, characteristics, and behavioral information.
2. HOW WE USE YOUR INFORMATION
We will only use your personal information as described in this Privacy Policy or our Terms of Use or as disclosed to you prior to such processing taking place. The purposes for which we may use or share your personal information include to:
3. SHARING AND DISCLOSURE OF INFORMATION
We may share or disclose your personal information in the following circumstances, and in all countries mentioned within this Privacy Policy:
4. YOUR CHOICES
4.1. COMMUNICATION PREFERENCES
We may send you communications, messages or updates related to your transactions, security, the Company, our Services and Site, and promotions, events or other activities. If you do not wish to receive non-transaction/non-security related communications from us, you may opt-out by clicking the “unsubscribe” link in the communication you received from us, or send an email message to privacy@asharex.com stating that you no longer want to receive these communications directly from us (an “Opt-Out”). Users from the EEA, the United Kingdom, Switzerland, Singapore, South Africa, Saudi Arabia, the United Arab Emirates, or Canada will, if required by applicable law, receive such communications only after having consented hereto. Please note that Opt-Out and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior Privacy Policy. Additionally, you should be aware that any information provided to third-parties prior to your election to Opt-Out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.
4.2. CORRECTION
You have the right to correct your personal information that you shared with us on our Site or Services. We are committed to ensuring that your personal information is kept accurate and up to date. However, it is your responsibility to correct, update, or modify any and all of your personal information as it appears in, or otherwise stored by, our Site, or as used in connection with our Services.
4.3. DO NOT TRACK: SPECIAL ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS
Some Internet browsers, such as Internet Explorer, Firefox, and Safari include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT" signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
5. CHILDREN
This Site and our Services are not directed to children under the age of 16, and we do not knowingly collect any personal information from them. We ask that minors under the age of 16 not submit any personal information to us, and if you have reason to believe any such minor has provided us with personal information, please contact us at privacy@asharex.com and request that such information be deleted from our records.
6. DATA SECURITY
We have implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls, or on secure systems of our vendors and service providers. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third-party payment processors, who will use appropriate security procedures.
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 and you should not share it with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
7. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other jurisdictions where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including personal information, to the United States, the UK and/or the EEA and process it there.
We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are appropriate safeguards in place as required under the applicable data protection laws and ensuring the security of your personal information maintained. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use our Site or Services.
8. ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and all pertinent amendments and regulations, below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your personal information, where we obtain the personal information, and the third-parties with whom we may share your personal information.
8.1 NOTICE AT COLLECTION
We generally collect the following categories of personal information about you when you use our Site or Services:
For more information about the personal information we collect and how we collect it, please refer to Section 1, above.
We collect your personal information for the business purposes described in Section 2, above. The CCPA defines a “business purpose” as the use of personal information for the business’s operational purposes, or other notified purposes, provided the use of personal information is reasonably necessary and proportionate to achieve the purpose for which the personal information was collected or another purpose that is compatible with the context in which the personal information was collected.
The categories of third-parties with whom we may share your personal information are listed in Section 2, above.
8.2 LENGTH OF RETENTION
The length of time we retain customer personal information collected from you depends on a variety of factors, including the following:
We do not keep or use personal information that does not serve our legitimate business purpose and comply with this privacy policy.
8.3. PRIVACY RIGHTS
Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, correct, delete opt-out of sales or sharing, or limiting the use of sensitive personal information. This means we cannot, among other things:
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Right to Access. You have the right to request that we disclose certain information to you about the Company’s collection and use of your personal information (and sensitive personal information) over the past 12 months. Specifically, you can request the following information:
Right to Deletion. You have the right to request that we delete any of your personal information that we collected and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for the Company or its service provider(s) to:
Right to Correction. You have the right to request correction of inaccurate personal information maintained by us about you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.
Right to Opt-Out of Selling or Sharing of Personal Information. As described in this Privacy Policy, in certain situations we may share or sell your personal information with our partners, third-parties or affiliates for marketing or other purposes and could receive a benefit for such sharing. As a California resident you have the right to opt-out of such sharing or selling. Email privacy@asharex.com for the Company’s notification to California residents about their right to opt-out of any such sharing or sale, and to exercise this right.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to opt-out of the use and disclosure of your sensitive personal information for anything other than supplying requested offerings or services. You also have the right to direct to limit the use and disclosure of your sensitive personal information at any time (the "right to opt-out"). To exercise this right, you (or your authorized representative) may submit a request to us by emailing privacy@asharex.com.
Please note that we can use sensitive personal information for the following purposes, and you do not have the right to limit the use and disclosure of sensitive personal information being used in the following ways:
8.4. EXERCISING YOUR RIGHTS
To exercise your right to access, data portability, correction, deletion, opt-out and or limit use / disclosure rights, you must submit a verifiable consumer request to us by:
Emailing the Company at: Privacy@aShareX.com
You do not need to create an account with us to exercise your consumer rights. We will only use personal information provided in consumer requests to review and comply with the specific request.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request to the Company related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
9. ADDITIONAL NOTICE TO COLORADO RESIDENTS
Under the Colorado Privacy Act (the “CPA”), if you are a resident of Colorado, acting only in an individual or household context (and not in a commercial or employment context, as a job applicant or as a beneficiary of someone acting in an employment context), your rights with respect to your personal data are described below.
Personal data as defined in the CPA means any information that is linked or reasonably linkable to you. This Privacy Policy, including this Section 9, describes our practices concerning the collection and processing of personal data (therein also referred to as “personal information”), including:
9.2 Right of Access.
You have the right to confirm whether or not we are processing personal data concerning you and to access your personal data.
You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of your personal data.
You have the right to delete personal data concerning you.
When exercising the right to access personal data, you have the right to obtain the personal data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
You have the right to opt out of the processing of your personal data for (a) targeted advertising, (b) sale of personal data, or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
We may disclose your personal data to third parties for targeted advertising purposes. This means the targeting of advertising to you based on your personal data that we obtain from your activity across businesses, distinctly-branded websites, applications, or services, other than our business, distinctly-branded website, application, or service. We may share personal data with advertising networks so they may help us to deliver advertisements to you based on your activity on our website or apps and/or your activity on other websites or apps.
You have the right to opt-out of the processing of your personal data for targeted advertising or profiling and you may exercise your right by emailing privacy@asharex.com. If you exercise your right to opt-out of the processing of your personal data for targeted advertising or profiling, we will refrain from processing your personal data for targeted advertising or profiling, unless you subsequently provide express authorization for the sharing of your personal data.
We may disclose your personal data to third parties in exchange for monetary or other consideration. We may sell your personal data to advertising networks so they may help us to deliver advertisements to you based on your activity on our website or apps and/or to recommend our services and offerings to you based on your activity on other websites or apps. We may sell your personal data to data analytics providers who may use your personal data for their own behavioral advertising analysis purposes.
You have the right to opt-out of the sale of your personal data and you may exercise your right by emailing privacy@asharex.com. If you exercise your right to opt-out of the sale of your personal data, we will refrain from selling your personal data, unless you subsequently provide express authorization for such sale.
We will process any opt-out preference signal that is (a) in a format commonly used and recognized by businesses (for example, in an HTTP header field), and (b) sent from a platform, technology, or mechanism that makes it clear to the consumer, whether in its configuration or in disclosures to the public, that the use of the signal is meant to have the effect of opting the consumer out of the sale and sharing of their personal data (“Opt-Out Preference Signal”). We shall treat the Opt-Out Preference Signal as a valid request to opt-out of the sale or sharing of personal data for your browser or device, and, if known, for you.
“Sensitive Data” means (a) personal data revealing your racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, or citizenship or citizenship status; (b) the processing of genetic or biometric data for identification purposes and (c) personal data from a known child. We will not process your “Sensitive Data” without your consent or in the case of a known child, the consent or a parent or lawful guardian.
Unless otherwise specified, to exercise any of your rights described in this Section 9, please submit your request to us at privacy@asharex.com with the subject “CPA Consumer Request.” We shall respond to your request within 45 days of receipt. The response period may be extended once by 45 additional days when reasonably necessary, taking into account the complexity and number of requests and we inform you of such extension within the initial 45 day response period, together with the reason for the extension.
If we decline to take action on your request, we shall inform you without undue delay, within 45 days of receipt of your request. The notification will include a justification for declining to take action and instructions on how you may appeal.
Not more than 60 days after receipt of an appeal we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reason for the decisions. If we deny the appeal, you may contact the Colorado Attorney General at https://complaints.coag.gov/s/?varCFT=2 or (720) 508-6000.
We shall provide information in response to your request free of charge, except that, for a second or subsequent request within a 12-month period, we may charge an amount as provided in the CPA. If we are unable to authenticate your request using commercially reasonable efforts, we may request additional information reasonably necessary to authenticate you and your request. If we cannot authenticate you and your request, we will not be able to grant your request.
You may designate another person to serve as your authorized agent and act on your behalf. We will comply with an opt-out request received from an authorized agent if we are able to verify, with commercially reasonable effort, your identity and the authorized agent’s authority to act on your behalf.
10. ADDITIONAL NOTICE TO VIRGINIA RESIDENTS
Under the Virginia Consumer Data Protection Act, as amended (the “VCDPA”) if you are a resident of Virginia acting in an individual or household context (and not in an employment or commercial context), you have the following rights with respect to your personal data.
Personal data as defined in the VCDPA means any information that is linked or reasonably linkable to you. Our Privacy Policy, including this Section 10, describes our collection and processing of personal data (therein also referred to as “personal information”) practices, including:
10.2 Right of Access.
You have the right to confirm whether or not we are processing personal data concerning you and to access your personal data.
You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of your personal data.
You have the right to delete personal data concerning you.
When exercising the right to access personal data, you have the right to obtain the personal data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
You have the right to opt out of the processing of your personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
We may disclose your personal data to third parties for targeted advertising purposes. This means the targeting of advertising to you based on your personal data that we obtain from your activity across businesses, distinctly-branded websites, applications, or services, other than our business, distinctly-branded website, application, or service. We may share personal data with advertising networks so they may help us to deliver advertisements to you based on your activity on our website or apps and/or your activity on other websites or apps.
You have the right to opt-out of the processing of your personal data for targeted advertising or profiling and you may exercise your right by emailing privacy@asharex.com. If you exercise your right to opt-out of the processing of your personal data for targeted advertising or profiling, we will refrain from processing your personal data for targeted advertising or profiling, unless you subsequently provide your express authorization.
We may disclose your personal data to third parties in exchange for monetary consideration. We may share personal data with advertising networks so they may help us to deliver advertisements to you based on your activity on our website or apps and/or to recommend our services and offerings to you based on your activity on other websites or apps. We may share your personal data with data analytics providers who may use your personal data for their own behavioral advertising analysis purposes.
You have the right to opt-out of the sale of your personal data and you may exercise your right by emailing privacy@asharex.com. If you exercise your right to opt-out of the sale of your personal data, we will refrain from selling your personal data, unless you subsequently provide express authorization for the sale of your personal data.
“Sensitive Data” means (a) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (b) the processing genetic or biometric data for the purpose of uniquely identifying you; (c) the personal data from a known child; or (d) precise geolocation. We do not process “Sensitive Data.” If we intend to do so, we will obtain your consent or in the case of a known child, the consent as required by the federal Children’s Online Privacy Protection Act.
Unless otherwise specified, to exercise any of your rights described in this Section 10, please submit your request to us at privacy@asharex.com with the subject “VCPDA Consumer Request.” We shall respond to your request within 45 days of receipt. The response period may be extended once by 45 additional days when reasonably necessary, taking into account the complexity and number of requests and we inform you of such extension within the initial 45 day response period, together with the reason for the extension.
If we decline to take action on your request, we shall inform you without undue delay, within 45 days of receipt of your request. The notification will include a justification for declining to take action and instructions on how you may appeal.
We shall provide information in response to your request free of charge, up to twice annually, unless requests are manifestly unfounded, excessive or repetitive. If we are unable to authenticate your request using commercially reasonable efforts, we may request additional information reasonably necessary to authenticate you and your request. If we cannot authenticate you and your request, we will not be able to grant your request.
Within a reasonable time, not to exceed 60 days, after you have received a notice that we have declined to take action your request, you may appeal by sending your appeal to privacy@asharex.com with the subject “VCPDA Appeal.” We shall respond to you within 60 days of receipt of the appeal in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision. If we deny your appeal, you may file a complaint with the Virginia Attorney General at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint or call (804) 786-2042.
11. ADDITIONAL NOTICE TO UTAH RESIDENTS
Under the Utah Consumer Privacy Act (the “UCPA”) if you are a resident of Utah, acting in an individual or household context (and not in a commercial or employment context) your rights with respect to your personal data are described below.
Personal data as defined in the UCPA means any information that is linked or reasonably linkable to you. Our Privacy Policy, including this Section 11, describes our collection and processing of personal data (therein also referred to as “personal information”) practices in general, including:
11.2 Right of Access.
You have the right to confirm whether or not we are processing personal data concerning you and to access your personal data.
You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of your personal data.
You have the right to delete personal data concerning you.
When exercising the right to access personal data, you have the right to obtain the personal data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
You have the right to opt out of the processing of your personal data for (a) targeted advertising or (b) sale of personal data.
We may disclose your personal data to third parties for targeted advertising purposes. This means the targeting of advertising to you based on your personal data that we obtain from your activity across businesses, distinctly-branded websites, applications, or services, other than our business, distinctly-branded website, application, or service. We may share personal data with advertising networks so they may help us to deliver advertisements to you based on your activity on our website or apps and/or your activity on other websites or apps.
You have the right to opt-out of the processing of your personal data for targeted advertising and you may exercise your right by emailing privacy@asharex.com. If you exercise your right to opt-out of the processing of your personal data for targeted advertising, we will refrain from processing your personal data for targeted advertising, unless you subsequently provide express authorization for the sharing of your personal data.
We may disclose your personal data to third parties in exchange for monetary consideration. We may sell your personal data to advertising networks so they may help us to deliver advertisements to you based on your activity on our website or apps and/or to recommend our services and offerings to you based on your activity on other websites or apps. We may sell your personal data to data analytics providers who may use your personal data for their own behavioral advertising analysis purposes.
You have the right to opt-out of the sale of your personal data and you may exercise your right by emailing privacy@asharex.com. If you exercise your right to opt-out of the sale of your personal data, we will refrain from selling your personal data, unless you subsequently provide express authorization for the sale of your personal data.
We will process any opt-out preference signal that (a) is in a format commonly used and recognized by businesses (for example, in an HTTP header field) and (b) is sent from a platform, technology, or mechanism that makes it clear to the consumer, whether in its configuration or in disclosures to the public, that the use of the signal is meant to have the effect of opting the consumer out of the sale and sharing of their personal data (“Opt-Out Preference Signal”). We shall treat the Opt-Out Preference Signal as a valid request to opt-out of the sale or sharing of personal data for your browser or device, and, if known, for you.
“Sensitive Data” means (a) personal data revealing your racial or ethnic origin; religious beliefs; sexual orientation; citizenship or immigration status; or medical history, mental or physical health condition, or medical treatment or diagnosis by a health care professional; (b) the processing of genetic or biometric data for identification purposes and (c) specific geolocation data. We will not process your “Sensitive Data” without your consent or in the case of a known child, the consent or a parent or guardian.
Unless otherwise specified, to exercise any of your rights described in this Section 11, please submit your request to us at privacy@asharex.com with the subject “UCPA Consumer Request.” We shall respond to your request within 45 days of receipt. The response period may be extended once by 45 additional days when reasonably necessary, taking into account the complexity and number of requests and we inform you of such extension within the initial 45 day response period, together with the reason for the extension.
If we decline to take action on your request, we shall inform you without undue delay, within 45 days of receipt of your request.
We shall provide information in response to your request free of charge, except that, for a second or subsequent request within a 12 month period, we may charge an amount as provided in the UCPA. If we are unable to authenticate your request using commercially reasonable efforts, we may request additional information reasonably necessary to authenticate you and your request. If we cannot authenticate you and your request we will not be able to grant your request.
12. ADDITIONAL NOTICE TO CONNECTICUT RESIDENTS
Under the Connecticut Data Privacy Act, Public Act. No. 22-14 (the “CDPA”) if you are a resident of Connecticut, acting in an individual or household context (and not in a commercial or employment context or as a representative of business, non-profit or governmental entity), your rights with respect to your personal data are described below.
Personal data as defined in the CDPA means any information that is linked or reasonably linkable to you. This Privacy Policy, including this Section 12, describes our collection and processing of personal data (therein also referred to as “personal information”) practices, including:
12.2 Right of Access.
You have the right to confirm whether or not we are processing personal data concerning you and to access your personal data, except if doing so would require us to reveal a trade secret.
You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing of your personal data.
You have the right to delete personal data concerning you.
When exercising the right to access personal data, you have the right to obtain the personal data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.
You have the right to opt out of the processing of your personal data for (a) targeted advertising, (b) sale of personal data, or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
We may disclose your personal data to third parties for targeted advertising purposes. This means the targeting of advertising to you based on your personal data that we obtain from your activity across businesses, distinctly-branded websites, applications, or services, other than our business, distinctly-branded website, application, or service. We may share personal data with advertising networks so they may help us to deliver advertisements to you based on your activity on our website or apps and/or your activity on other websites or apps.
You have the right to opt-out of the processing of your personal data for targeted advertising or profiling and you may exercise your right by emailing privacy@asharex.com. If you exercise your right to opt-out of the processing of your personal data for targeted advertising or profiling, we will refrain from processing your personal data for targeted advertising or profiling, unless you subsequently provide your express authorization.
We may disclose your personal data to third parties in exchange for monetary or other consideration. We may sell your personal data to advertising networks so they may help us to deliver advertisements to you based on your activity on our website or apps and/or to recommend our services and offerings to you based on your activity on other websites or apps. We may sell your personal data to data analytics providers who may use your personal data for their own behavioral advertising analysis purposes.
You have the right to opt-out of the sale of your personal data and you may exercise your right by emailing privacy@asharex.com. If you exercise your right to opt-out of the sale of your personal data, we will refrain from selling your personal data, unless you subsequently provide express authorization for the sale of your personal data.
We will process any opt-out preference signal that (a) is in a format commonly used and recognized by businesses (for example, in an HTTP header field) and (b) is sent from a platform, technology, or mechanism that makes it clear to the consumer, whether in its configuration or in disclosures to the public, that the use of the signal is meant to have the effect of opting the consumer out of the sale and sharing of their personal data (“Opt-Out Preference Signal”). We shall treat the Opt-Out Preference Signal as a valid request to opt-out of the sale or sharing of personal data for your browser or device, and, if known, for you.
“Sensitive Data” means (a) personal data revealing your racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, or citizenship or immigration status; (b) the processing of genetic or biometric data for identification purposes; (c) personal data from a known child (individual under the age of 13); precise geolocation data. We will not process your “Sensitive Data” without your consent or in the case of a known child, the consent or a parent or lawful guardian.
Unless otherwise specified, to exercise any of your rights described in this Section 12, please submit your request to us at privacy@asharex.com with the subject “CDPA Consumer Request.” We shall respond to your request within 45 days of receipt. The response period may be extended once by 45 additional days when reasonably necessary, taking into account the complexity and number of requests and we inform you of such extension within the initial 45-day response period, together with the reason for the extension.
If we decline to take action on your request, we shall inform you without undue delay, within 45 days of receipt of your request. The notification will include a justification for declining to take action and instructions on how you may appeal.
Not more than 60 days after receipt of an appeal we will inform you in writing of any action taken or not taken in response to the appeal, including an written explanation of the reason for the decisions. If we deny the appeal, you may contact the Connecticut Attorney General to submit a complaint at https://portal.ct.gov/AG/Common/Complaint-Form-Landing-page or (860) 808-5318.
We shall provide information in response to your request free of charge, except that, for a second or subsequent request within a 12-month period, we may charge an amount as provided in the CDPA. If we are unable to authenticate your request using commercially reasonable efforts, we may request additional information reasonably necessary to authenticate you and your request. If we cannot authenticate you and your request, we will not be able to grant your request.
You may designate another person to serve as your authorized agent and act on your behalf. We will comply with an opt-out request received from an authorized agent if we are able to verify, with commercially reasonable effort, your identity and the authorized agent’s authority to act on your behalf.
13. ADDITIONAL NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA (EEA), THE UNITED KINGDOM AND SWITZERLAND
This Section provides additional information to individuals located in the EEA, the United Kingdom or Switzerland at the time their personal information is collected by us. All capitalized terms in this Section have the meaning as defined in the General Data Protection Regulation (GDPR) and/or, as applicable, the GDPR as it is saved and incorporated into United Kingdom law following Brexit (UK-GDPR) or the Swiss Data Protection Act (including, but not limited to “Personal Data”, “Processing”, “Controller”, “Processor”, “Data Subject”, “Consent”).
13.1. Data Controller, Data Protection Officer and EU Representative
The Controller for the Processing described in this Privacy Policy is:
aShareX Inc., 10990 Wilshire Boulevard Suite 1150, Los Angeles, CA 90024
You can contact the Company’s Data Protection Officer using: privacy@asharex.com
For Data Subjects in the EU and the UK:
We value your data subject rights under the GDPR and UK-GDPR and therefore designated the Data Protection Officer as our representative according to Art 27 GDPR and Art. 27 UK-GDPR in order to provide you with an easy way to submit to us privacy related request like a request to access or erase your personal data. If you want to make use of your data subject rights, please email our Data Protection Officer at privacy@asharex.com
13.2. Legal Basis of Our Processing. The Legal basis of our Processing of your Personal Data within the scope of application of the GDPR, the UK-GDPR or the Swiss Data Protection Act is as follows:
13.3. Social Media Accounts We maintain accounts with various social media networks. When you visit these social media networks, a variety of Data Processing operations are triggered. We use your Personal Data when you visit our profiles on these social media networks, or when you click on the like-button on one of our social media advertisements. When you visit our profiles, your Personal Data is not only used by us but also by the social network provider, regardless of whether you have a profile in the social network or not. The individual Processing and its scope differ from provider to provider, and they are not completely transparent to us. Details about the Processing of the social network providers can be found in the relevant social media network’s Privacy Policy:
The social network providers collect your usage information to provide us with usage statistics. To learn more about how such tracking takes place and to understand how we use social media plugins on our Site please read our Cookie Policy.
13.4. International Transfers We may share your Personal Data with recipients (including our group members, service providers or business partners, as described in this Privacy Policy), located in the EEA, the UK and Switzerland; or in the United States and/or otherwise in countries outside the EEA, the UK and Switzerland which do not provide for an adequate level of data protection from an EU or Swiss law perspective. For such transfers, we will ensure that the recipients are subject to appropriate safeguards as permitted under the applicable data protection laws, e.g. by entering into appropriate data transfer agreements on the basis of updated EU standard contractual clauses issued by the Commission, on the basis of the UK’s International Data Transfer Agreement (IDTA) or by reliance upon the Article 49 GDPR derogations or corresponding derogations under the UK-GDPR or Swiss Data Protection Act, as applicable.
13.5. Duration of Our Data Processing We retain Personal Data you provide to us for as long as necessary for the purpose such Personal Data was originally collected or otherwise processed for, e.g., in order to meet our contractual obligations towards you, until you withdraw your consent, or as long as you maintain a customer account with us. If required under applicable law, we will store your Personal Data for a period of up to ten more years (e.g., under tax law). Apart from that, we can further store your Personal Data for the establishment, exercise or defense of legal claims.
We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our Services.
13.6. Your Data Protection Rights under the GDPR You have the following rights pursuant to the GDPR, where applicable, which can be exercised using the contact details of the Controller listed above:
14. ADDITIONAL NOTICE TO INDIVIDUALS IN CANADA
This Section provides additional information to individuals located in Canada at the time their personal information is collected by us.
You may request details about our privacy practices, access or correct your personal information, or make a complaint by contacting our privacy officer in writing:
aShareX Inc., 10990 Wilshire Boulevard, Los Angeles, CA 90024, privacy@asharex.com
If you are not satisfied with our response to your inquiry, you may contact the Office of the Privacy Commissioner of Canada: 1-800-282-1376 (toll-free) or priv.gc.ca
15. ADDITIONAL NOTICE TO INDIVIDUALS IN AUSTRALIA
This Section provides additional information to individuals located in Australia at the time their personal information is collected by us.
You may request to correct or update any of your personal information in our files. We may provide you with the ability to update some or all of your personal information directly via our Services or by contacting us via privacy@asharex.com. If you request that your information be corrected, and we do not agree that it is incorrect, we may refuse to update that information. In such a scenario, we will provide written notice of our refusal to do so within 30 days and upon your request, will place a statement of what you allege is correct where your personal information is kept and accessed.
16. ADDITIONAL NOTICE TO INDIVIDUALS IN NEW ZEALAND
This Section provides additional information to individuals located in New Zealand at the time their personal information is collected by us.
You have the right to request access to any personal information we hold about you, by emailing us at privacy@asharex.com.
We retain Personal Data you provide to us for as long as necessary for the purpose such Personal Data was originally collected or otherwise processed for, e.g., in order to meet our contractual obligations towards you, until you withdraw your consent, or as long as you maintain a customer account with us. If required under applicable law, we will store your Personal Data for a period of up to ten more years (e.g., under tax law). Apart from that we can further store your Personal Data for the establishment, exercise or defense of legal claims. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our Services.
17. ADDITIONAL NOTICE TO INDIVIDUALS IN SINGAPORE
This Section provides additional information to individuals located in Singapore at the time their personal information is collected by Us.
You have the right to request access to and/or correction of any personal information we hold about you by emailing us at privacy@asharex.com.
You can also contact the Company’s Data Protection Officer at: privacy@asharex.com.
18. ADDITIONAL NOTICE TO INDIVIDUALS IN SOUTH AFRICA
18.1. Data Retention This paragraph sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
Your personal information, account, transaction, usage, data are held in our website database or will be stored on the servers of our hosting services providers. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
We will retain your personal information as follows for a minimum period of 5 years following the date of the most recent contact between you and us, and for a maximum period of 6 years following that date.
Notwithstanding the other provisions of this paragraph and any other provisions of this Privacy Policy, we may keep some or all of your personal data if and for as long as (i) we are required or permitted by law, a code of conduct, or a contract with you to keep it; (ii) we reasonably need it for lawful purposes related to our functions and activities; (iii) we reasonably need it for evidentiary purposes; or (iv) you agree to us keeping it for a specified further period.
18.2. International Transfers We may share your information with recipients (including our group members, service providers or business partners, as described in this Privacy Policy), located in the EEA, the UK and Switzerland; or in the United States and/or otherwise in countries outside South Africa which do not provide for an adequate level of data protection from a South African law perspective. For such transfers, we will ensure that the recipients are subject to appropriate safeguards as permitted under the applicable data protection laws, e.g., by entering into appropriate data transfer agreements that contain the safeguards prescribed by applicable data protection legislation.
18.3. Your Rights in this Paragraph, we have listed the rights that you have under data protection law. Your principal rights under data protection law are:
As far as the law allows, we may charge a fee for attending to any of your requests above and may also refuse to carry out any of your requests in whole or in part. You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below. You must let us know if any information we have about you is incorrect, incomplete, misleading or out of date, by notifying us at the contact details below. Where required by law we will take reasonable steps to correct or update the relevant information, accordingly, having regard to the purpose for which the information was collected or used.
18.4. Most Pertinent Terms We have a duty under the Consumer Protection Act 68 of 2008, to bring certain important terms to your attention. In accordance with this obligation, We hereby notify you that Sections 3, 4.1 and 6 as well as this Section 14 are important terms that should be carefully reviewed by you, as these terms may (i) limit our liability to you or another person; or (ii) constitute an assumption of risk or liability by you; or (iii) be an acknowledgement of fact by you.
19. ADDITIONAL NOTICE TO INDIVIDUALS IN SAUDI ARABIA AND THE UNITED ARAB EMIRATES
We only process your personal information after obtaining your consent. You may have certain rights in relation to such processing under applicable law. To know more about any such rights and how to exercise them, please contact us at privacy@asharex.com.
We retain your personal information for as long as necessary as described in this Privacy Policy.
20. COMMUNICATING WITH THE COMPANY
We welcome your questions and comments about this Privacy Policy. You can contact aShareX by emailing us at: privacy@asharex.com