In the case of your own Personal Information or data that you provide directly to Onyx Graphics, Onyx Graphics 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 Graphics processes your Personal Information and the manner in which it is done. Onyx Graphics also licenses its software to business customers who may provide the Personal Information of their employees and others to Onyx Graphics. 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 Graphics software, and Onyx Graphics’ role is that of the data “processor,” since we are processing data on behalf of the controller (who is the customer).
1.THE INFORMATION WE COLLECT
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.
General Personal Information.
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 Graphics 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 Graphics software use. Using your internet connection, Onyx Graphics software dongle, and network bandwidth, data specific to your use of Onyx Graphics software will be collected and transmitted to Onyx Graphics, 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 Graphics software interacts.
Onyx Graphics 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 Graphics may associate your device identifiers with your copy of the Onyx Graphics 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 Graphics may also use some of these technologies in connection with e-mails and communications sent from Onyx Graphics and therefore may collect information using these tools when you open the e-mail or click on a link contained in the e-mail.
2.HOW WE USE INFORMATION
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:
3.WITH WHOM WE SHARE YOUR INFORMATION
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:
California Privacy Rights. This section applies to California residents only.
California Consumer Privacy Act (CCPA): Onyx Graphics is not at this time subject to the California Consumer Privacy Act of 2018, as amended, or related regulations.
Shine the Light: Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. Onyx Graphics shares your Personal Information with third parties (primarily perfume brand companies) for their direct marketing purposes only if you have expressly opted-in to receiving communications from such third parties. However, to submit a request for such information or to withdraw your consent to such communications, you can contact us as set forth below.
California Minors: California residents under age 18 (“California Minors”) have additional privacy rights under California law. A California Minor who uses our Site has the right to either remove content or information posted on the Site by such user, or, if removal of such information by the user himself or herself is not enabled or possible, the user may request and obtain removal of such content or information. To have any content or information provided by a California Minor removed by us, contact us at the contact information provided below. This removal does not ensure complete or comprehensive removal of any such content or information posted.
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.
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.
5. RETENTION OF PERSONAL INFORMATION
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.
6.THIRD-PARTY WEB SITES; INTEREST BASED MARKETING; DO NOT TRACK
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.
7.OUR COMMITMENT TO THE PRIVACY OF MINORS
Protecting the privacy of minors is important to Onyx Graphics. Onyx Graphics’ 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.
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 Graphics 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 Graphics employees are contractually obligated to maintain the confidentiality of Personal Information accessible through their employment.
Onyx Graphics 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.
9.PROCESSING AND TRANSFER OF INFORMATION
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.
10.HOW TO CONTACT US
Please include the statement “Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you either at your mailing address or your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Your Onyx Graphics Account
Some features of the Website will require you to set up an account with Onyx Graphics, such as product downloads, access to the partner portal, and eCommerce. If you use the Website to set up an account with Onyx Graphics, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that Onyx Graphics is not responsible for third-party access to your account that results from theft or misappropriation of your account. You may not assign or transfer your account to any other person or entity without Onyx Graphics’ consent.
Restrictions on Use of Website and Onyx Graphics Materials
Suspension or Termination of Account or Website Access
Third-Party Linked Sites and Services
Certain services made available through the Website are delivered by third-party websites that the Website links to (“Linked Sites”), such as social media, credit card processing, and seminar registration. The Linked Sites are not operated or controlled by Onyx Graphics, and Onyx Graphics is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Onyx Graphics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Onyx Graphics of the site or any association with the owners or operators of the Linked Site.
All content and materials on the Website or made available through the Website, including articles, videos, text, software, graphics, logos, and images (“Onyx Graphics Materials”), are the property of Onyx Graphics or its suppliers or licensors. All Onyx Graphics Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends, or other restrictions applicable to any Onyx Graphics Materials.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN YOU AND ONYX GRAPHICS IN A LICENSE AGREEMENT OR OTHER CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL ONYX GRAPHICS MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND ONYX GRAPHICS AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. ONYX GRAPHICS DOES NOT WARRANT THAT THE WEBSITE, ONYX GRAPHICS MATERIALS, OR ITS SERVICES ARE ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ONYX GRAPHICS OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.
We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us as specified in the “Onyx Graphics Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.
The Website is controlled, operated, and administered by Onyx Graphics from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.
Onyx Graphics Contact Information
Onyx Graphics, Inc.
6195 S High Tech Dr.
Midvale, Utah 84047
Effective as of May 1, 2022