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Updated February 7, 2025
Onyx Graphics, Inc. (“Onyx” or “we”) is committed to protecting your privacy. This Privacy Policy describes the Personal Information we collect from you, whether accessed via our website by means of computer, mobile device or other technology, through Onyx products or services, or offline via your interaction with Onyx’s agents or employees (collectively “Services”), and how Onyx collects, uses, shares and stores Personal Information.
For purposes of this Privacy Policy, “Personal Information” may include any information that can be used to identify or locate you, such as your name, address, IP address, mailing address, contact information, email address or phone number and other personal information, as defined by the laws of your place of residence. Both federal and state laws in the United States define Personal Information or Personal Data, as do the laws of Canada, the European Union, the United Kingdom, and other countries and jurisdictions. Please recognize that your rights related to Personal Information, and how Personal Information is defined, differ somewhat from state to state and country to country. The references to information “relating to you” or “about you” include Personal Information about your employees, representatives, agents, or other relevant parties whose details you have provided to us.
Changes to this Privacy Policy: We may update this Privacy Policy from time to time to take account of changing requirements, and we request that you refer back to this Privacy Policy frequently to review any revisions. If at any time we decide to use Personal Information in a manner significantly different to that stated in this Privacy Policy, or otherwise disclosed to you at the time it was collected, we will provide you with prominent notice of the change. If you object to any changes to this Privacy Policy, you may close your account and discontinue use of our website and services. Each time you use any service of Onyx, the current version of this Privacy Policy applies. We will not engage in any processing operations that might put your Personal Information at risk, and we will request your explicit consent to such operations where necessary.
In the case of your own Personal Information or data that you provide directly to Onyx, Onyx is the data “controller” of your Personal Information, that is, the entity that determines the purposes and means of the processing of the Personal Information about you, or, in other words, the uses for which Onyx processes your Personal Information and the manner in which it is done. Onyx also licenses its software to business customers who may provide the Personal Information of their employees and others to Onyx. In such cases, our customers act as the data controllers in the collection and processing of Personal Information in connection with their licensing and use of Onyx software, and Onyx’s role is that of the data “processor,” since we are processing data on behalf of the controller (who is the customer).
Summary. In connection with our business, we collect and process the following categories of Personal Information of individuals:
The information collected and our methods for collecting it are explained in more detail below. We and our service providers may collect Personal Information when you provide that information to us and when Personal Information is collected automatically.
You may choose to give us Personal Information to allow us to communicate with you, process your orders, or provide you with services. We may ask for a small amount of relevant information, such as personal and business contact information, including name, address, phone number, and e-mail. Some forms may ask for a product key number. If you make a purchase or order a service, we may ask for your credit card number and billing information. If you click an acceptance box or otherwise agree to allow us to contact you for marketing and informational purposes, we may use your Personal Information for such purposes. Job applicants may be requested to provide information such as educational background, employment experience, and job interest. Other Personal Information requested and processed by us may include work tasks and scheduling information, market and use information, internet use information, and regulatory information (to satisfy regulatory obligations such as tax).
Onyx and its affiliates may collect and use information about individuals’ use of its software and the devices with which such software interacts. Onyx may also collect job printing records (including file details, ink consumption, station and printer names, and associated metadata (such as job name, order number, and date) and device-specific data (including the user’s hardware model, operating system and version, printer, unique device identifiers, ink usage, media usage, copies, and printer status). Onyx may associate users’ device identifiers with their product-specific data.
Onyx business customers may also provide us with your Personal Information if you are employed or engaged by the customer, in connection with our providing of software or services to the business customer.
The legal basis for our processing of your Personal Information is either the necessity to perform contractual and other obligations that we have towards you or the customer who provided us with your information, or carrying out our legitimate activities as a provider of software and services.
In addition to the information you may provide to us, we may collect information about your Onyx software and website use. Using your internet connection, Onyx software dongle, and network bandwidth, data specific to your use of Onyx software and our website will be collected and transmitted to Onyx, such as the product name and version, dongle serial number, internet protocol (IP) address used to connect your operating computer to the internet, and the devices with which the Onyx software interacts.
Onyx may collect job printing records (including file details, ink consumption, station and printer names, and associated metadata (such as job name, order number, and date) and device-specific data (including your hardware model, operating system and version, printer, unique device identifiers, ink usage, media usage, copies, and printer status). Onyx may associate your device identifiers with your copy of the Onyx software and product-specific data.
Additionally, we may collect information when you access or use the Services through the use of data collection technologies, including web beacons, cookies, and embedded web links. These technologies collect certain traffic information that your browser sends to a website, such as your browser type and language, access times, and the address of the website from which you arrived. They may also collect information about your Internet Protocol (IP) address, unique device identifier, location information, clickstream behavior (i.e., the pages you view, the links you click, and other actions you take in connection with the Services) and product information. Onyx may also use some of these technologies in connection with e-mails and communications sent from Onyx and therefore may collect information using these tools when you open the e-mail or click on a link contained in the e-mail.
Below is some additional detail on how we use cookies and other technologies:
Device Identifier. We automatically collect an IP address or other unique identifier (“Device Identifier”) for the computer, mobile phone, tablet or other device (“Device”) you use to access the Services. A Device Identifier is a number that is assigned to your Device when you access a website or its servers. We may use a Device Identifier to, among other things, administer the Services, help diagnose problems with our servers.
Cookies are data files placed on a Device when it is used to visit the Services (“Cookies”). We may use Cookies to collect and store certain information about you, for security purposes, to facilitate the registration process, to facilitate site navigation and to personalize your experience. We use the Google Analytics Cookie, event Cookies, and social pixels to analyze the use of the Services. If you would prefer not to accept Cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a Cookie, which lets you choose whether or not to accept it; (ii) disable existing Cookies; or (iii) set your browser to automatically reject any Cookies. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please be aware that if you disable or reject Cookies, some features and services on the Services may not work properly.
Collection by Third Parties. We may allow third parties, including BigCommerce and other authorized service providers, to use tracking technologies, such as Cookies and web beacons, to collect information about your visits to the Services (not including your direct identifiers) and analyze such information. This information generally enables them to track and gauge the effectiveness of our Services.
We may store, analyze, process and otherwise use the information we collect to:
The legal basis will depend on which of the above purposes for which we have collected and use your Personal Information. In almost every case the legal basis will be one of the following:
Third Parties Providing Services on our Behalf. We may work with service providers and suppliers to manage or support the Services. These providers include, for example, credit card and payment processors, providers of customer support, marketing and communications, hosting and IT service providers, e-mail service providers, automated data processors, data analytics providers, website management, lead generation vendors, and support services. We may share your information with these companies to enable them to provide you with services on our behalf. Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your browsing on the Services and other sites you have visited. In doing so, the provider collects or has access to non-Personal Information such as your Usage Information. The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours. Your Personal Information may also be used by us or shared with our sponsors, providers, partners, advertisers or other third parties in connection with marketing, promotional, and other offers, and for such third party’s analytics and market research; where required by law, we will obtain your consent before using your Personal Information for our or others’ marketing purposes, and you may opt out of receiving marketing materials by contacting us at any time. Onyx will only provide those third parties with information that is necessary for them to perform the services and who have agreed to take measures to protect this information that are at least as stringent as the measures that we take ourselves.
Legal Proceedings. We may also share your Personal Information:
Depending on where you live, you may have certain rights concerning your Personal Information, as further described below. In general, you have the right to tell us:
If you wish to exercise any of these rights, have a question for us, or would like more information concerning your choices about the collection and use of your information, please e-mail your request to privacy@onyxgfx.com or mail us the address provided at the end of this Privacy Policy. Additionally, you have the right to object to your Personal Information being used for certain purposes, including to send you marketing materials. You can also stop receiving promotional e-mails at any time by clicking on the “unsubscribe” link at the bottom of any promotional e-mail you receive from us. You can also stop receiving promotional postal mail by sending an e-mail to us at the Contact information listed below.
We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. For example, we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
In the event of any breach or compromise of the security, confidentiality or integrity of Personal Data, Onyx will inform you of the breach as required under applicable law, typically through contacting you via email and posting a notice on Onyx’s website. In addition, Onyx will make available to you all information necessary for it to demonstrate or maintain its compliance with applicable data protection laws and regulations.
California Privacy Rights. This section applies to California residents only.
The following disclosures are made pursuant to the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations (collectively, the “CCPA”).
Definitions:
California Residents’ Rights: If you are a California resident, you or an authorized agent you designate on your behalf may submit the individual requests outlined below. Upon receipt, we will take reasonable steps to verify you and your authorized agent’s identity prior to responding to the request, which may include in certain circumstances you signing a declaration under penalty of perjury. If an authorized agent is submitting a request on your behalf, you must submit a copy of: (1) a written authorization demonstrating you have authorized the agent to submit a request on your behalf; and (2) provide separate proof verifying your identity.
Right to Know. You have a right to request that we disclose, subject to certain exceptions, information concerning: (1) the categories of personal information we have collected from or about you; (2) the categories of sources from which we have collected that personal information, and the business or commercial purpose for the collection; (3) the categories of third parties with whom we have shared, sold, or disclosed your personal information, including the business or commercial purpose for said sharing, selling, or disclosure; and (4) specific pieces of your personal information, subject to appropriate exceptions.
Notice of Disclosure for a Business Purpose: To learn more about the categories of personal information we have disclosed for a business purpose, and the categories of third parties with whom we’ve disclosed such information, please see “WITH WHOM WE SHARE YOUR INFORMATION” above.
Notice of Sale or Sharing of Personal Information: Certain of our online tracking technologies may be considered a “sale” or a “share” of your information to third parties under the CCPA. The categories of personal information we may “sell” or “share” in these circumstances includes your IP address, persistent online identifiers, ad identifiers, similar information about your devices and browsers, and information about your engagement with our website, products, and communications. We have no actual knowledge that we sell the personal information of California residents who are under 16 years of age.
Notice of Use of Sensitive Personal Information: We do not use California resident sensitive personal information for any purpose other than is permissible under the CCPA. Specifically, we do not use sensitive personal information of California residents to derive characteristics about California residents.
Other U.S. states, including Utah, Colorado, Virginia, Oregon, and others, have passed comprehensive privacy laws that are in effect as of the date this Privacy Policy was last updated, or are scheduled to go into effect in the near future. Some municipalities have also passed specific laws protecting certain privacy rights. Onyx’s policy and intent is to comply with all applicable obligations under these state and local privacy laws.
Canada Privacy Rights. This section applies to Canada residents only.
Under various Canadian privacy laws, including the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), we are required to comply with certain principles with respect to your Personal Information. These principles are:
If you wish to exercise any of your rights or make any requests relating to your Personal Information or data under the principles outlined above, you may contact our data privacy officer at the contact information set forth below. We may be unable to remove, correct or provide access to Personal Information to the extent that we are processing it on behalf of a customer, if it is permitted or required to be retained by applicable law or document retention and data backup policies, or if removal is not practicable due to technological reasons. Please note that removal of your Personal Information may prevent or hinder us from providing further services and information to you.
We may require you to provide sufficient information to permit us to provide an account of the existence, use, and disclosure of Personal Information. The information provided shall only be used for this purpose.
Your Personal Information may be transferred outside of Canada for processing and storage. We and our service providers may store Personal Information on servers located in other jurisdictions, including the United States. Please note that privacy laws in such jurisdictions differ from Canadian privacy laws (e.g., PIPEDA) and that in some jurisdictions your Personal Information may be accessed by law enforcement authorities or the courts in such jurisdictions.
Your United Kingdom and European Economic Area privacy rights. This section applies only to individuals in a country in the United Kingdom and European Economic Area.
For the purposes of data protection law in the United Kingdom and European Economic Area countries. Scentbird is the “controller” of your Personal Information as defined under applicable EU or EEA law (“Personal Data”) as described in this Privacy Policy.
The laws of those countries provide a number of reasons for which we may collect and use your Personal Data. Our reasons are as follows:
We will transfer your Personal Data to the United States, which might not ensure the same level of protection as the data protection laws of those countries. When we receive your Personal Data in the United States we will comply with the General Data Protection Regulation (GDPR) or UK data protection law to the extent it applies to our use of your Personal Data.
You have certain rights over your Personal Data used by us. These rights are explained below but they are subject to certain exemptions.
If you would like to exercise any of these rights, please contact us using the information below. We may ask you to verify your identity before carrying out a request.
You are also free to lodge complaint with the supervisory authority or regulatory body, should you feel that we process your Personal Data in a way that is against applicable law.
We are under no obligation to store your Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
We will retain and use your information as necessary to achieve the purpose for which the information was collected, comply with our legal obligations, resolve disputes, and enforce our agreements, and in accordance with any retention periods required by applicable laws and regulations, including with respect to tax records and transaction history. Where we no longer have a need to keep your Personal Information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your communication information to ensure we do not market to you in future.
Links. While you are using the Services, you may have an opportunity to click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement or a third-party logo on the Services, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including Personal Information, from you. We recommend that you consult the privacy policies and notices of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the web page you are visiting.
Do Not Track. We may, from time to time, collect information about your online activities, over time and across different websites. When you use our website, third parties may also collect information about your online activities, over time and across different internet websites, online or cloud computing services, online applications, or mobile applications. Some browsers support a “Do Not Track” feature or other settings that permit you to block cookies or other technology that enable websites to collect information that can be used to tailor advertisements to your interest. Please check your browser’s settings or consult your browser’s help information for more details.
Protecting the privacy of minors is important to Onyx. Onyx’s services are only available to those who are the age of majority in the jurisdiction in which they reside. Access and use of our Services by anyone under the age of majority is only permitted with the express permission of a parent or legal guardian.
When you submit information to us or through our Services, you should be aware that your information is transmitted across multiple computer systems on the Internet. Although we take steps to protect your information, data security technologies constantly are evolving. Because no method of transmitting or storing electronic data on the Internet is ever completely secure, we cannot guarantee that such information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Policy.
Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Onyx shall, in relation to Personal Information, implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk. Measures have been implemented to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Information transmitted, stored or otherwise processed, including:
(1) Web and database servers are protected using firewalls;
(2) User access is tracked;
(3) Role-based security is applied to system access;
(4) Use of data encryption;
(5) Vendor-supplied patches are reviewed and tested for compatibility before installation;
(6) Regular system backups are made;
(7) Regular maintenance is performed on systems;
(8) Data requiring a higher level of protection, such as payment card account numbers, are processed via a third-party vendor that specializes in the payment processing; and
(9) All Onyx employees are contractually obligated to maintain the confidentiality of Personal Information accessible through their employment.
Onyx uses resellers and service providers based around the world. Consequently, your Personal Information may be processed in countries outside of the country where you live, including if you live in Europe, and such countries may include some where you may have fewer legal rights in respect of your Personal Information than you do under local law. If we transfer Personal Information from persons within the European Economic Area to a country that provides a lower standard of legal protection for Personal Information, we will ensure that your privacy rights are protected by appropriate safeguards. Please contact us if you would like more information about these safeguards.
The Services are governed by and operated in, and in accordance with the laws of, the United States. We make no representation that the Services are governed by or operated in accordance with the laws of any other nation. However, Onyx will always comply with the laws and regulations of other countries, states and jurisdictions to the extent applicable to Onyx or to the Personal Information controlled or processed by Onyx, even if they conflict with certain terms of this Privacy Policy. The requirements of applicable laws and regulations will prevail over the terms in this Privacy Policy, and we will adjust our internal policies and practices where necessary to comply with such laws and regulations.
If you are located in the European Union, Latin America, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States.
You may send us notices, questions, or comments regarding our Privacy Policy at the following:
Onyx Graphics, Inc.
6195 S High Tech Dr.
Midvale, Utah 84047
Attention: Customer Privacy Services
Email Address:
privacy@onyxgfx.com
Telephone number:
801-568-9900
If you email us, please in the subject field of your email. If you write to us at the mailing address, please include the statement “Privacy Rights” in a prominent place in your writing and also include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.