By using the Sites and/or Services, you agree to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Sites or Services. We reserve the right to change this Policy without prior notice. You can determine when this Policy was last revised by referring to the "LAST UPDATED" legend at the bottom of this Policy. Any changes to our Policy will become effective upon our posting of the revised Policy on the Sites. Use of the Sites or Services following such changes constitutes your acceptance of the revised Policy then in effect.
1. What Types of Phoenix Collect Through Information Does the Sites?
Phoenix gathers three basic types of information through the Sites: "Personally Identifiable Information" (or "PII"), "Non-Personally Identifiable Information" (or "Non-PII") and "IP Addresses". Personally Identifiable Information is information that identifies you as an individual. Non-Personally Identifiable Information is aggregated information, demographic information and any other information that does not reveal your specific identity. An IP Address is the Internet Protocol address of the computer that you are using.
a. Personally Identifiable Information. You do not have to provide PII to use the Sites. However, in order for you to take advantage of particular opportunities provided through the Sites (for example, to sign up for a free trial or request more product information), we may require that you furnish PII. We collect PII from you through the Sites, such as your name, postal address, company, telephone number or e-mail address, only when you voluntarily provide it to us.
b. Non-Personally Identifiable Information. When you visit and interact with the Sites, Phoenix and third parties with whom Phoenix has contracted to provide services to Phoenix may collect Non-PII. Non-PII is generally collected through the Sites from four different sources: environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.
ii. Environmental Variables. We and our service providers may also collect certain environmental variables, such as your MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version. These environmental variables are collected by most browsers, and can be used to optimize your experience on the Sites.
iv. Pixel Tags. We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Sites, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.
v. Information That You Voluntarily Provide. Phoenix also collects Non-PII (e.g., your title, your employer, your geographic location, etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Sites, for example, by using PII to calculate the percentage of users who live in a particular region. Such aggregate information is considered Non-PII for purposes of this Policy.
c. IP Addresses. When you visit and interact with the Sites, Phoenix and third parties with whom Phoenix has contracted to provide services to Phoenix may collect IP Addresses. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) that you visited.
2. What Types of Information Does Phoenix Collect Through the Services?
3. How Does Phoenix Use Information Collected From Me?
a. Personally Identifiable Information. We may use PII about you in the following ways:
i. Fulfillment of Requests. Phoenix may use PII about you to fulfill the purpose for which such PII was provided (e.g., to send product information to you or fulfill your purchase).
ii. Administrative Communications. From time to time, in our sole discretion, we may use PII about you to send to you important information regarding the Sites or Services, changes to our terms, conditions, and policies or other administrative information. Because this information may be important to your use of the Sites or Services, you may not opt-out of receiving such communications.
iii. Other Communications. From time to time, we may use PII about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not send electronic marketing messages to you, please see the "Opt-Out" section below.
iv. Promotions. We may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Sites. We typically ask you for certain PII when you enter and, if applicable, win a Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Sites, as they may contain additional important information about Phoenix's use of PII about you. To the extent that the terms and conditions of such rules concerning the treatment of PII about you conflict with this Policy, the terms and conditions of such rules shall control.
v. Internal Business Purposes. We may also use PII about you for our internal business purposes, such as data analysis, audits and so forth.
b. Non-Personally Identifiable Information. Because Non-PII does not personally identify you, we may use such information for any purpose. In addition, we reserve the right to share such Non PII, which does not personally identify you, with third parties, for any purpose. In some instances, we may combine Non-PII with PII (such as embedding e-mail addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated by us as PII hereunder as long as it is so combined (see Section 3(a) above).
c. IP Addresses. We use your IP address, and the IP addresses of all users, for all purposes listed in Section 3(a), as well as for purposes such as calculating Site usage levels, helping diagnose server problems, providing better service to users of the Sites (such as listing prices in local currency or displaying country-specific or currency-specific offers, based on geographic region), customizing the Sites based on your preferences, compiling and analyzing statistics and trends, and otherwise administering and improving the Sites for your use. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites. Please note that we treat IP Addresses, server log files and related information as Non-PII, unless we are required to do otherwise under applicable law.
4. How Is Personally Identifiable Information Disclosed?
b. Third-Party Communications. We will not share PII about you with third parties, other than third-party service providers as described above.
c. Profiles. We may provide functionality on the Sites that allows you to create a “profile page” (your “Profile”) and post certain information and materials on your Profile. Please note that your Profile, including all PII available in your Profile, may be accessible to other users. We urge you to exercise discretion and caution when deciding to disclose PII about you, or any other information, in your Profile. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF ANY PII YOU DISCLOSE IN YOUR PROFILE.
d. Information Posted by Visitors. We may provide functionality on the Sites that allows you to post information and materials (for example, message boards, forums, chat functionality and blogs, among other features). Please note that any information you disclose on the Sites may be available to visitors to the Sites and to the general public. In addition, when you choose to make a posting on the Sites, certain PII will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE.
e. Assignment. We reserve the right to transfer any and all information that we collect from users of our Sites and/or Services to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Phoenix's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
f. Law enforcement; emergencies; compliance. Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose PII about you to others as we believe to be appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our Terms of Service; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Phoenix, you or others; and (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
5. Other Important Notices Regarding Our Privacy Practices.
b. Third-party Advertisers. We may use third-party advertising companies to serve ads when you visit our Sites. Please note that these companies may use information (not including PII) about your visit to these Sites in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Sites, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://networkadvertising.org/optout_nonppii.asp.
c. Security. We seek to have security measures and tools, such as firewalls, in place to help protect against the loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. As a result, although we strive to protect PII about you, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Sites or Services or that is stored by us. You acknowledge and agree that any information you transmit through the Sites or Services or upload for storage in connection with the Sites or Services is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with Section 5.h ("Contacting Us") below. (Note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
d. Opt-Out. If you do not wish to receive marketing-related e-mails from us, you may opt-out of receiving such marketing-related e-mails by opting out or unsubscribing as instructed in the marketing-related emails you receive from us. We will endeavor to comply with your request as soon as reasonably practicable.
e. Updating PII. If you would like to update the PII about you that has been previously provided to us through the Sites or Services, you may do so through our Sites and Services by updating your profile or account settings, as applicable.
In each event, you must clearly indicate the information that you wish to have changed. We will endeavor to comply with your request as soon as reasonably practicable. We and our service providers may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our and their databases and other records, which will not be removed
f. Note Regarding the Use of the Sites by Children: The Sites are not directed to individuals under the age of thirteen (13).
g. Jurisdictional Issues. The Sites and Services are controlled and operated by Phoenix from the United States, and is not intended to subject Phoenix to the laws or jurisdiction of any state, country or territory other than that of the United States. Phoenix does not represent or warrant that the Sites or Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Sites or use the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Sites and/or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
h. Contacting Us. If you have any questions regarding this Policy, please contact us by e-mail at PrivacyPolicy@Phoenix.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.