Privacy Policy

Phosphorus App End User License Agreement

 

Effective Date: April 2, 2021

Last Updated: April 2, 2021

Introduction

This Privacy Policy applies to all data collection by Phosphorus Cybersecurity, Inc. (“Phosphorus,” “we” or “us”) and shall apply to your use of the website, www.phosphorus.io, Phosphorus-branded apps, and other Phosphorus-related sites, apps, communications, capabilities and services (“Services) accessible on or by any top-level Phosphorus domain owned by us (each, a “Site” and collectively the “Sites”), but excluding services that state that they are offered under a different privacy policy. This Privacy Policy governs the manner in which Phosphorus collects information from you (“User” or “you”) on the Sites.

Our Privacy Policy explains: (1) what information we collect and why we collect it; (2) how we use and share that information; (3) the choices we offer, including how to access and update information. Specifically, our Privacy Policy covers the following topics:

  1. When This Privacy Policy Applies
  2. Terms of Service
  3. Information We Collect
  4. How We Use Information We Collect
  5. Information We Share
  6. Your Failure to Provide Personal Information
  7. Our Retention of Your Personal Information
  8. Our Opt-in/Out-out Policy
  9. Third Party Links
  10. No International Data Transfer
  11. How We Protect Personal Information
  12. Children
  13. Direct Marketing and “Do Not Track” Signals
  14. Changes to this Privacy Policy
  15. How to Contact Us

Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites.

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.

If you have any questions or comments about this Privacy Policy, please submit a request to privacy@phosphorus.io.

When this Privacy Policy Applies

 Our Privacy Policy applies to all of the services offered by Phosphorus and its affiliates but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Terms of Service

 By accessing or using the Sites in any manner, you also agree to be bound by Phosphorus’s Terms of Service (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites. 

Information We Collect

We collect information, including Personal Information, to provide better services to all our Users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, home address, email address, date of birth, digital identity, such as a login name or handle, information about your device, and certain metadata.

We collect Personal Information in the following ways:

Information You Give to Us

You may choose to provide us with Personal Information about yourself, including your name, phone number and email address, by completing forms on our website, such as when you request information about our Services. In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Information about yourself when your report a problem or have a question about our services.

Please note that if you do not provide us with Personal Information, your ability to use certain aspects of our products and services may be limited.

Information We Obtain from Your Use of Our Services

We collect certain information automatically, such as your operating system version, browser type, and internet service provider. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; and cookies that uniquely identify your browser.  We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.

Cookies and Similar Technologies

We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google and Hubspot.

The technologies we use for this automatic data collection may include:

Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services.

Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Information We Collect

We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

  1. To inform you about services available from Phosphorus;
  2. To authorize access to our Sites and Services;
  3. To provide you with Services;
  4. To administer content, or other Site features;
  5. To communicate about, and administer your participation in, special programs, surveys, contests, and other offers or promotions, and to deliver pertinent emails;
  6. To improve our customer service;
  7. To respond to and support customers regarding their use of the Sites and Services;
  8. To comply with all applicable legal requirements.
  9. To investigate possible fraud or other violations of our Terms of Service or this Privacy Policy and/or attempts to harm our Users.

We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our Company and our customers.

We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services. We may use your personal information to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it.  We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

Information We Share

 We do not share personal information with companies, organizations and individuals outside of the Company unless one of the following circumstances applies:

  • With your consent. We will share Personal Information with companies, organizations or individuals outside of Phosphorus when we have your consent to do so.
  • For external processing. We provide personal information to our affiliates or other trusted businesses or partners to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures. These third parties include our marketing company, other SaaS tools we use to manage our custoemrs and support a It is our policy to only share Personal Information with contractors, service providers and other third parties who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. Under certain circumstances, you may avoid having us share your information with our business partners and vendors by not granting us permission to share your information.  Not granting us permission to share your information with our business partners or vendors may limit your access to their services through the Sites. We do not share personal information with third parties for their own marketing purposes.
  • For Legal Reasons. We will share Personal Information with companies, organizations or individuals outside of Phosphorus if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
    • meet any applicable law, regulation, legal process or enforceable governmental request.
    • enforce applicable Terms of Service, including investigation of potential violations.
    • detect, prevent, or otherwise address fraud, security or technical issues.
    • protect against harm to the rights, property or safety of Phosphorus, our Users or the public as required or permitted by law.

We attempt to notify Users about legal demands for their Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

  • Business Transfers. As we continue to develop our business, we may buy, sell, or share assets in connection with, for example, a merger, acquisition, reorganization, sale of assets, or bankruptcy. In such transactions, Personal Information about our users is often a transferred business asset.  In the event that Phosphorus itself or substantially all of our assets are acquired, Personal Information about our users may be one of the transferred assets.
  • Aggregate Site Use Information. We may share aggregate and anonymized/pseudonymized Personal Information to advertisers and other third parties in order to promote or describe use of the Sites.

Our Retention of Your Personal Information

 We may retain your Personal Information for a period of time consistent with the original purpose for collection.  We also may retain your Personal Information during the period of time needed for us to pursue our legitimate business interests, conduct audits, comply with our legal obligations, resolve disputes and enforce our agreements.

Our Opt-in/Opt-out Policy 

By providing an email address on the Phosphorus Sites, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any service related notices, or to provide you with information about our events, invitations, or related educational information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a user to submit or receive information, as the case may be.

We currently provide the following opt-out opportunities:

  1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the service.
  2.  At any time, you can contact us through privacy@phosphorus.io or the address or telephone number provided below to unsubscribe from the service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Information.

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.

Third Party Links

The Sites may contain links to webpages operated by parties other than Phosphorus. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party’s website. Phosphorus strongly recommends that each User review the third party’s terms and policies.

No International Data Transfer

We are committed to complying with applicable laws, regulations and mandatory government standards regarding the protection of Personal Information.

Phosphorus only operates in the United States and we do not transfer Personal Information outside of the United States. If we ever transfer your Personal Information out of your jurisdiction, we will implement suitable safeguards and rely on legally-provided mechanisms to lawfully transfer data across borders to ensure that your Personal Information is protected.

How We Protect Personal Information

Phosphorus maintains administrative, technical and physical safeguards designed to protect the User’s Personal Information and information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms.  For example, we use commercially reasonable security measures such as encryption, firewalls, and transport layer security (TLS) or hypertext transfer protocol secure (HTTPS) to protect Personal Information.

If Phosphorus collects account information for payment or credit, Phosphorus will use the information only to complete the task for which the account information was offered.

Children 

The Sites are not designed or intended to be used by anyone under the age of 13. If you are under the age of 13, do not use the Sites, or make purchases via the Services, use any interactive features of the Services, or post any Personal Information to our Sites or submit any Personal Information via the Services. We do not knowingly or intentionally gather Personal information about children who are under the age of 13.  If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 13 in the applicable jurisdiction, please contact us privacy@phosphorus.io. If we learn that we have inadvertently collected the Personal Information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law. 

Direct Marketing and “Do Not Track” Signals

Phosphorus does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.

California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Information with third parties for marketing purposes. To make such a request you should send (a) an email to privacy@phosphorus.io with the subject heading “California Privacy Rights,” or (b) a letter addressed to Phosporus Cybersecurity Inc 6790 Embarcadero Lane, Suite 100 Carlsbad, CA 92011.  In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response.  We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

Changes to this Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or products, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

How to Contact Us

If you have any specific questions about this Privacy Policy, you can contact us via email or writing to us at the address below:

Phosphorus Cybersecurity, Inc.

Attn: Privacy Policy Inquiry

Phosporus Cybersecurity Inc

6790 Embarcadero Lane, Suite 100

Carlsbad, CA 92011

privacy@phosphorus.io