DATA PRIVACY STATEMENT
MX CLOUD SERVICES DATA PRIVACY STATEMENT
MX Cloud Services, LLC (“MX Cloud Services” or “We”) takes measures to ensure that the use and disclosure of your private personal information is consistent with applicable law.
This Privacy Statement explains what personal data we collect, why we collect it, how we protect it, how we use it, and how and why, in certain cases, we share such information with other parties. Our Privacy Statement is effective May 11, 2021 and may be amended from time to time.
Our Privacy Statement applies to personal data collected or used when we offer products or services to consumers.
MX Cloud Services also provides systems and services to customers who may also collect your information as needed for them to provide their services to you. In such circumstances, this statement does not directly apply, and you should review that customer’s privacy statement.
CONSENT
By accessing or using any of the services provided by MX Cloud Services, and affirmatively giving consent to process your personal data, you are affirmatively “opting-in” and giving us consent to the use or process your personal information. If you are providing any data from data subjects from the European Union that is regulated under the General Data Protection Regulation (“GDPR”), you must receive consent from that data subject to process their information before sending it to MX Cloud Services for processing (“Data Subject Consent”). Client shall indemnify and hold MX Cloud Services harmless for any claims related to failure to provide proof of Data Subject Consent, or from claims from any data protection regulatory authority enforcing GDPR compliance related to consent. At any time, you can opt-out of consent to the use or processing of your personal information by notifying MX Cloud Services info@mxcloud.services, at which time your personal information will be deleted from MX Cloud Services’ systems.
INTRODUCTION
MX Cloud Services is a professional membership association for people who work in the field of Cloud Computing and Managed Services. We do not knowingly attempt to solicit or receive information from children.
We understand that you are aware of and care about your own personal privacy interests, and we take that seriously. This Privacy Statement describes the MX Cloud Services’ policies and practices regarding its collection and use of your personal data, and sets forth your privacy rights. We recognize that information privacy is an ongoing responsibility, and so we will from time to time update this Privacy Statement as we undertake new personal data practices or adopt new privacy policies.
INFORMATION THAT WE COLLECT AND MAY DISCLOSE
We collect information from and about you in order to comply with applicable laws and to provide the superior level of service that you expect. Personal data may include names, addresses, phone numbers or e-mail addresses, social security number; driver’s license information; income tax documents for you and your family; bank statements; and investment records.
Specific examples of personal information that we collect and may disclose to affiliates and certain third parties may include:
- Information we receive from you on new account and service request
- Information about your transactions with us, our affiliates, and others such as account balances, payment history, account activity and statements.
- If you visit our Internet web site, https://www.mxcloud.services/ (the “website”), information you may submit to us on our website forms and information we may collect through “cookies” (explained below).
MX Cloud Services may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. MX Cloud Services’ website also uses cookies and web beacons. It does not track users when they cross to third party websites, does not provide targeted advertising to them, and therefore does not respond to Do Not Track (DNT) signals. MX Cloud Services does not store general visitor information on file permanently and may be removed periodically. MX Cloud Services may store information provided to us by visitors until removal is requested. MX Cloud Services does not sell personal information or web forms to anyone and only share it with third parties who are facilitating the delivery of MX Cloud Services’ services.
HOW WE USE YOUR INFORMATION
MX Cloud Services and third-party service providers may work together to provide a variety of services, and they may need to share personal data received for you to maintain an efficient and effective level of service.
The responsible use and disclosure of the personal data we collect is crucial to our ability to provide you with the services that you expect and may occur under a variety of different circumstances. For example, we may:
- Use personal data internally for the purposes of furthering our business, which may include analyzing information we receive form you, matching that information with the information of others, processing services, maintaining accounts, resolving disputes, preventing fraud, and verifying your identity.
- Disclose personal data when required by law, such as requests for personal data in connection with a judicial, administrative, or investigative matter.
- Use and disclose personal data on an aggregate basis. This means that we may combine parts of your information with parts of the information from our other users without including other identifying components of that information, such as name, complete telephone number, complete e-mail address or your street address, in the combination.
Additionally, MX Cloud Services may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences. MX Cloud Services’ website also uses cookies and web beacons. It does not track users when they cross to third party websites, does not provide targeted advertising to them, and therefore does not respond to Do Not Track (DNT) signals. We do not sell personal information or web forms to anyone and only share it with third parties who are facilitating the delivery of MX Cloud Services’ services.
SHARING WITH NONAFFILIATED SERVICE PROVIDERS
We may disclose personal data to nonaffiliated service providers who perform business functions on our behalf, which may include marketing of our products and services, check printing, and data processing. Nonaffiliated third-party service providers often aid us in the efficient and effective delivery of services and there may be circumstances where it is necessary to disclose personal data we collect to such parties. However, before we disclose personal data to a nonaffiliated party, we require them to agree to keep that information confidential and secure and to use it only as authorized by us. Also, we will only share your nonpublic information with nonaffiliated third parties where permitted by applicable law.
MX Cloud Services does not share, sell, or rent personal data with outside marketers.
Information about your MX Cloud Services purchases are maintained in association with your profile account. The personal information the MX Cloud Services collects from you is stored in one or more databases hosted by third parties located in the United States. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. On occasion, MX Cloud Services engages third parties to mail information to you.
HOW WE PROTECT YOUR INFORMATION
MX Cloud Services maintains a comprehensive information security program designed to ensure the security and confidentiality of customer information, protect against threats or hazards to the security of such information, and prevent unauthorized access. This program includes:
- Procedures and specifications for administrative, technical, and physical safeguards.
- Security procedures related to the processing, storage, retention, and disposal of confidential information.
- Programs to detect, prevent and when necessary, respond to attacks, intrusions, or unauthorized access to confidential information.
- Restricting access to customer information to employees who need to know that information to provide products and services to you and appointing specific employees to oversee our information security program.
- Employee training programs to ensure that all employees are trained regarding our information security program and the laws applicable to the proper safeguarding and disposal of personal identifying information.
However, we cannot and do not guarantee that unauthorized, inadvertent disclosure never may occur.
DISPOSAL OF BUSINESS RECORDS
MX Cloud Services disposes of all business records containing personal data in accordance with applicable state and federal laws.
COMMUNICATIONS FROM MX CLOUD SERVICES
Based upon any personal data you may provide to us, we may occasionally send you some or all of the following promotional communications:
- information on products, services, special deals, promotions
- MX Cloud Services newsletters
Out of respect for your privacy, we provide you a way to unsubscribe from these communications. Please see the “Choice and Opt-out” section.
In addition, however, based upon any personal data we receive from you because of an account you create or products or services you request from us, we also may occasionally send you some or all of the following:
- ervice-related announcements, on rare occasions when it is necessary to do so (for instance, if our service is temporarily suspended for maintenance, we might send you an email)
- communications in response to inquiries, service requests, and account management
Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account, subject to any contractual obligations.
CHOICE AND OPT-OUT
If you no longer wish to receive any promotional communications from us, you may opt- out of receiving them by following the instructions included in each newsletter.
LOG FILES
Log files are collected directly and indirectly by MX Cloud Services, and your personal data may be stored with either approach.
Direct collection consists of the MX Cloud Services website and e-mail systems, which gather certain user information automatically and stores it in log files. This information may include, among other things, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, sending servers, operating system, date/time stamp, and clickstream data. We may use this information to analyze trends, to administer the site, to track users’ movements around the site, performing spam filtering, and to gather demographic information about our user base as a whole.
Indirect data collection may occur automatically through the services we provide to our customers, such as hosted email services, hosted application servers, and management of customer systems. This data is controlled by our customers, not by MX Cloud Services, and is managed following their privacy policies.
COOKIES
We use cookies on the MX Cloud Services website. A cookie is a small file stored on a user’s computer for record-keeping purposes. We do not link the information we store in cookies to any personal data you submit while on the website.
We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. We use session cookies to make it easier for you to navigate our site. A persistent cookie remains on your hard drive for an extended period of time. We may set a persistent cookie to store your passwords, so you do not have to enter it more than once. We may also use persistent cookies to enable us to track and target the interests of our users and to enhance the experience on the website. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
If you reject cookies, you may still use the website, but your ability to use some areas of the website, such as contests or surveys, may be limited.
OTHER SITES AND SERVICES
The website may contain links to other sites that are not owned or controlled by MX Cloud Services. MX Cloud Services is not responsible for the privacy practices of such other sites. If you have concerns regarding the privacy practices of other sites, you should read the privacy statements available at those sites. Similarly, MX Cloud Services provides services to customers who may hold a relationship with you separate from MX Cloud Services. While MX Cloud Services may process such data, MX Cloud Services does not control it.
This privacy statement applies only to information collected by the website and the services that MX Cloud Services controls.
TRANSFER OF CUSTOMER INFORMATION
Customer lists and other information provided to us are our business assets. If we merge with another entity or if we sell our assets to another entity, such information, including
personal data provided us, may be included among the assets to be transferred.
TRANSFERRING PERSONAL DATA FROM THE EU TO THE US
MX Cloud Services has its headquarters in the United States. Information we collect from you will be processed in the United States. The United States has not sought nor received a finding of “adequacy” from the European Union under Article 45 of the General Data Protection Regulation (“GDPR”). MX Cloud Services relies on derogations for specific situations as set forth in Article 49 of the GDPR. In particular, MX Cloud Services collects and transfers to the U.S. personal data only: with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of MX Cloud Services in a manner that does not outweigh your rights and freedoms. MX Cloud Services endeavors to apply suitable safeguards to protect the privacy and security of your personal data and to use it only consistent with your relationship MX Cloud Services and the practices described in this Data Privacy Statement. MX Cloud Services also minimizes the risk to your rights and freedoms by not collecting or storing sensitive information about you.
DATA SUBJECT RIGHTS
To the extent that GDPR applies to the processing of a data subjects information, this Data Privacy Statement is intended to provide you with information about what personal data that MX Cloud Services collects about you and how it is used. If you have any questions, please contact us at legal@mxcloud.services.
If you wish to confirm that MX Cloud Services is processing your personal data, or to have access to the personal data MX Cloud Services may have about you, please contact us at legal@mxcloud.services.
SECURITY OF YOUR INFORMATION
To help protect the privacy of data and personal data you transmit through use of this Web site, we maintain physical, technical, and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
DATA STORAGE AND RETENTION
Your personal data is stored by MX Cloud Services on its servers, and on the servers of the cloud-based database management services MX Cloud Services engages, located in the United States. MX Cloud Services retains data for the duration of the customer’s business relationship with MX Cloud Services. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact the MX Cloud Services’ data protection officer (contact information is below).
PROTECTION OF MINORS’ PERSONAL INFORMATION
Our products and services are primarily designed for adults. Anyone who is identified to be a minor customer under the laws of the country in which he or she is located must obtain the consent of his or her parents or guardians before using our products and services upon purchase.
We value the privacy protection of minors and encourage parents to always play an active role in their child’s online experience.
THIRD-PARTY SERVICE
This Data Privacy Statement does not apply to products and services provided by third parties. MX Cloud Services products and services may include products and services from third parties, as well as links to third-party websites. When you use these third-party products or services and personal information is collected and/or processed, the privacy policy of the third-party shall apply.
We are not responsible for how third parties collect, use, share, transfer and protect user’s personal information, and cannot control how it is processed.
To avoid any misunderstandings, please refer to the third party’s service agreement and read its privacy policy.
CHANGES IN THIS PRIVACY STATEMENT
We reserve the right to modify this privacy statement at any time, so please review it frequently.
If we decide to change our Privacy Statement, we will post those changes on the website, so our users and investors are always aware of what information we collect, use and disclose. If at any point we decide to use or disclose personal data received from you in a manner different from that stated at the time it was collected, we will notify you in writing. We will otherwise use and disclose personal data in accordance with the Privacy Statement that was in effect when such information was collected.
We may e-mail periodic reminders of our notices and terms and conditions and will e-mail of material changes thereto, but you should check the Web site frequently to see the current Data Privacy Statement that is in effect and any changes that may have been made to it.
AVAILABILITY OF OUR PRIVACY STATEMENT
The most up-to-date Privacy Statement is posted on the website at www.mxcloud.services/privacy-policy, or you may call us at 901-441-4929 to request a copy.
DATA PROTECTION OFFICER
MX Cloud Services is headquartered in Tennessee, in the United States. The MX Cloud Services has appointed an internal data protection officer for you to contact if you have any questions or concerns about the MX Cloud Services’ personal data policies or practices. The MX Cloud Services’ data protection officer’s name and contact information are as follows:
Robert J. Scott
Scott & Scott, LLP
550 Reserve Street, Suite 200
Southlake, TX 76092
(214) 999-0080
Scott & Scott, LLP
550 Reserve Street, Suite 200
Southlake, TX 76092
(214) 999-0080
EU-REPRESENTATIVE
As part of MX Cloud Services’ obligations under Art. 27 of the General Data Protection Regulation (“GDPR”), MX Cloud Services has appointed an EU Representative to represent it for EU citizens who make data subject request regarding their personal data. If you are an EU citizen, located in the EU, please direct your contact to the following representative:
CONTACT US
If you have any questions or suggestions regarding our Privacy Policy, please contact us at legal@mxcloud.services or by phone at 901-441-4929