This Privacy Policy was last updated on, and is effective as of, June 22, 2018.

UNLESS YOU ARE A RESIDENT OF THE EUROPEAN UNION OR OTHER DATA SUBJECT UNDER THE GDPR (AS DEFINED BELOW), WHEN YOU ACCESS THE PLATFORM OR USE OUR SERVICES YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, YOU SHOULD STOP ACCESSING THIS PLATFORM OR USING THE SERVICE.

1. OVERVIEW

1.1 Purpose.  Phobio, LLC (“Phobio,” the “Company”, “we,” “us,” or “our”), operates this website or application, and related pages and content, as applicable (collectively, the “Platform”), and the services and other offerings available through the Platform (collectively, the “Services”).  For purposes of this Privacy Policy, “you” or “your” means our customers and other persons who are authorized to use and access the Platform or Services.  Your privacy is important to us, which is why we have developed this Privacy Policy to explain our practices regarding the use and disclosure of personally identifiable information and other information that we obtain online from users of the Platform and Services.

1.2 Changes to Privacy Policy.  We reserve the right to modify this Privacy Policy at any time, and any modifications made will be effective immediately upon posting, so you should check this page for any changes.  We will post at the top of this Privacy Policy the date that modifications were last made, which should alert you to any changes since your last visit to the Platform. Your continued use of the Platform is your agreement to the revised Privacy Policy.  

2.          THE PERSONAL DATA WE COLLECT

We may collect and process the following personal data about you:

2.1       Information that you give us. 

2.1.1    This includes information you may give us so we can provide you with access to the Platform or Services and may include your name, address, e-mail address, phone number and other information necessary to use the Platform or Services. 

2.1.2    When using the Platform or Service, you may also provide us with personal information about you and your employees so we can provide the Services.

2.2       Information that we collect automatically. We automatically collect the following information from your use of the Platform:

2.2.1    technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information (if applicable), browser type and version, browser plug-in types and versions, operating system and platform; and

2.2.2    information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Platform (including date and time); products you viewed or searched for; page response times, length of visits to certain pages, and methods used to browse away from the page and any phone number used to call our customer service number.

2.3       Information that we receive from third parties.  We are working closely with third parties (including, for example, business partners, resellers, sub-contractors in technical and payment services, advertising networks, analytics providers and search information providers) and may receive information from them. 

3.          WHY WE COLLECT PERSONAL DATA AND WHAT WE DO WITH IT

3.1       When you provide your personal data to us, we will make reasonable efforts to ensure that the purpose for which you are providing that personal data is clear.

3.2       Depending on who you are and your relationship with us, we may process your personal data as follows:

3.2.1    to carry out our obligations to you from your use of our Platform, the Services or under another agreement with you;

3.2.2    to administer your account with us;

3.2.3    to provide you with information about our products, the Platform, the Services and any other services we provide;

3.2.4    to administer the Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

3.2.5    to allow you to participate in interactive features of the Platform or Service, when you choose to do so;

3.2.6    internally, to inform decisions about our business operations and strategy; and

3.2.7    to contact you from time to time to market any other services we provide and we think may be of interest to you.

4.          WHO WE SHARE YOUR PERSONAL DATA WITH

4.1       We may disclose your personal information:

4.1.1    to business partners, suppliers and sub-contractors for the performance of any contract we or you enter into with them or to fulfill our Services to you;

4.1.2    to our customers in order to allow them to use our Service;

4.1.3 in the event that we sell or transfer any part of our business or assets (whether by merger, asset sale or otherwise), in which case we may disclose and transfer your personal data to the prospective buyer of such business or assets;

4.1.4    if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request; and

4.1.5    to third parties to enforce agreements between us or to investigate potential breaches of those agreements or to protect the rights, property or safety of our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

5.          SECURITY MEASURES FOR THE PLATFORM

5.1       We implement a variety of technical, administrative and organizational security measures for the Platform and Services that we believe are commercially reasonable to help us maintain the safety of your personal information when you place an order or enter, submit or access your personal information.  These security measures include using one or more servers for the Platform and Services that are secured by commercially reasonable measures.

5.3       You are responsible for keeping confidential your access credentials for the Platform or Service, including password(s), and you should not share your password(s) with anyone.

5.4       Notwithstanding the above, you should be aware that the transmission of information via the Internet is not completely secure.  Although we will use commercially reasonable measures to protect your personal data, we cannot guarantee the security of your data transmitted using the Services or the Platform, and as a result, any transmission of personal data is at your own risk.

6.          USE OF COOKIES

6.1       The Platform uses cookies to distinguish you from other users of the Platform.  This helps us provide you with a good experience when you browse the Platform and enables you to use the Service.  The use of cookies also allows us to improve the Platform and the Service.

6.2       A cookie is a small file that a site or its service provider transfers to the hard drive of your computer or other device through your Web browser and enables the site or service provider systems to recognize your browser and capture certain information for use during your visit to our Platform and for future visits to our Platform.

6.3       We use the following cookies:

6.3.1    Strictly necessary cookies. These are cookies that are required for the operation of the Platform. They include, for example, cookies that enable you to log into secure areas of the Platform, use a shopping cart or session tracking.

6.3.2    Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Platform when they are using it. This helps us to improve the way the Platform works, for example, by ensuring that users are finding what they are looking for easily.  

6.3.3    Functionality cookies. These are used to recognize you when you return to the Platform. This enables us to personalize our content for you, greet you by name and remember your preferences.  

6.3.4    Targeting cookies. These cookies record your visit to the Platform, the pages you have visited and the links you have followed. We may also share this information with third parties that assist us with our Platform and fulfilling our Services for you.

6.4       You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Platform and use the Services.  In addition, if you delete any Platform cookies on a given visit, you would need to block them again in subsequent visits to our Platform.

7. CHILDREN’S PRIVACY AND AGE LIMITATIONS FOR THE PLATFORM

7.1 The Platform is intended for use by persons aged 18 or older.  We do not knowingly collect personally identifiable information from persons under the age of 18. If we discover or are made aware that we have received personally identifiable information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 18, we will delete such information from our systems.  If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personally identifiable information to us, please contact us as provided below. In any such event, a parent or guardian of a child under the age of 18 may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof.  

8. ADDITIONAL NOTICES TO CALIFORNIA RESIDENTS

8.1 California Do-Not-Track Disclosure.  At this time, the Platform is not set up to honor web browser do-not-track settings.

8.2 Information on Marketing Disclosures.  California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at Phobio, 800 Battery Ave SE Suite 100, Atlanta, GA, 30339 or at support@phobio.com.  

8.3 Content Removal Requests for Users Under 18 Years Old.   If you are a user under 18 years of age and reside in California, you may request and obtain removal of, content or information that you have posted on the Platform.    You may send us any such requests by one of the following methods: (i) by email (writing “Privacy Policy – Removal Request” in the subject line) at support@phobio.com; or (ii) by writing to us at Phobio, 800 Battery Ave SE Suite 100, Atlanta, GA, 30339.  We will review the request and respond promptly.  You should be aware that a request to remove content or information posted by you on the Platform does not ensure or require complete or comprehensive removal of such content or information from our databases.

9. LINKS TO OTHER WEBSITES

9.1 The Platform may contain links to other websites, applications, products and services provided or maintained by us, our affiliates and/or by third parties that may not follow the same privacy policies as applicable to the Platform.  These other websites, applications, products and services may use cookies, collect data and use the data in ways that are different from the way in which we use the information collected through the Platform. When linking to another website, you should read that website’s privacy policy. Our Privacy Policy only governs information collected on or through the Platform.

10. ASSIGNMENT

10.1 We may assign our rights and duties under this Privacy Policy, including, without limitation, our rights in information collected through the Platform, to any third party at any time without notice to you in connection with any sale, merger, acquisition, divestiture or liquidation of all or part of our business or assets related to the Platform, all or substantially all of our business or assets, or as part of any reorganization or restructuring of our business.

11.          GENERAL INFORMATION TO CONTACT US

11.1 Questions, comments and requests regarding our Privacy Policy are welcomed and should be addressed to us at Phobio, 800 Battery Ave SE Suite 100, Atlanta, GA, 30339 or at support@phobio.com.

12. ADDITIONAL NOTICES TO EUROPEAN UNION CITIZENS

Persons who are residents of the member countries of the European Union (“EU”) or other data subjects covered by the EU’s General Data Protection Regulation, (EU) 2016/679 (the “GDPR”), have certain additional privacy rights under applicable law.  The following provisions of this Section 12 provide an overview of these additional rights.

12.1 Legal Bases for Processing Personal Information of European Union Citizens or Other GDPR Data Subjects

When processing your personal information, Phobio may rely on one or more of the following legal bases (or other available legal grounds), depending on the circumstances:

(a) Legitimate Interests – Phobio may process your personal information where Phobio has a legitimate interest in such processing for managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights or freedoms.

(b) Consent – Phobio may process your personal information where Phobio has obtained your consent to the processing.

(c) Contractual Necessity – Phobio may process your personal information where such processing is necessary in connection with any contract that Phobio has with you.

(d) Legal Requirements – Phobio may process your personal information where such processing is required by applicable law.

12.2 Disclosures to Third Parties

Your personal information will not be disclosed to third parties except for where it is necessary for fulfillment of Phobio’s obligations to you or where Phobio is obliged or permitted to do so by law (including, without limitation, through the terms of any agreement Phobio may have with you), or where Phobio makes disclosures that are otherwise consistent with the uses described in this Privacy Policy.

Phobio may also disclose any information (including personal information) relating to you to law enforcement authorities or any regulatory or government authority in response to any request including requests in connection with the investigation of any suspected illegal activities.

Phobio reserves the right to transfer any personal information Phobio has about you in the event Phobio sells or transfers all or a portion of our business or assets, or merges with another organization. Should such a sale, transfer or merger occur, Phobio will use reasonable efforts seeking to require that the transferee uses personal information you have provided to Phobio in a manner that is consistent with this Privacy Policy.

Phobio will not sell, resell or lease your personal information to any third parties but Phobio may, if required for the purpose(s) for which your personal information was collected and processed, share it with Phobio partners and/or service providers to enable them to provide their services to Phobio or to you, as applicable. The foregoing are in addition to the other uses described elsewhere in this Privacy Policy.

12.3 Security of Personal Information of European Citizens or Other GDPR Data Subjects

Phobio has policies and technical and organizational measures in place which are intended to safeguard and protect your personal information against unauthorized access, accidental loss, improper use and disclosure. However, you should be aware that information transmitted over the internet is not completely secure because of the nature of the internet and that systems and measures used to secure information are not flawless. For these reasons, although Phobio will use reasonable efforts to protect your personal information, Phobio does not warrant the security of personal information transmitted to Phobio or stored by Phobio, and personal information that is transmitted to Phobio by you electronically is done at your own risk.

12.4 Retention of Personal Information of European Citizens or Other GDPR Data Subjects

Phobio’s policy is to retain your personal information only for as long as is necessary to fulfill the purposes for which Phobio collected such personal information, including for the purposes of satisfying any professional, legal, accounting or reporting requirements to which Phobio is subject. To determine the appropriate retention period for personal information, Phobio considers the scope, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which Phobio collected and processed your personal information and whether Phobio can achieve those purposes through other means, and any applicable legal and professional requirements.

12.5 Your Rights as a European Citizen or Other GDPR Data Subject

You have a number of rights concerning your personal information that Phobio holds and uses, including the following:

(a) Right of Access – You have the right to be informed about what personal information Phobio holds about you and to a copy of this personal information.

(b) Right to Rectification – You have the right to have any inaccurate personal information which Phobio holds about you updated or corrected.

(c) Right to Erasure – In certain circumstances you may request that Phobio delete the personal information that Phobio holds about you.

(d) Right to Complain – You have the right to lodge a complaint regarding the processing of your personal information to an applicable governmental or supervisory authority in your country.

(e) Right to Withdraw Consent – Where processing of personal information is based on your consent, you have the right to withdraw such consent at any time.

(f) Right to Object – Where Phobio relies on our legitimate interests to process your personal information, you have the right to object to such use and Phobio is required to discontinue such processing unless Phobio can demonstrate an overriding legitimate interest in such processing.

(g) Right to Restriction – You have the right to request that Phobio stop using your personal information in certain circumstances including if you believe that the personal information Phobio holds about you is inaccurate or that Phobio’s use of your personal information is unlawful. If you validly exercise this right, Phobio will store your personal information and will not carry out any other processing until the issue is resolved.

You may exercise any of the above requests in writing to Phobio, 800 Battery Ave SE Suite 100, Atlanta, GA, 30339 or at support@phobio.com. You are also free at any time to request that Phobio stop using your personal information for marketing purposes by contacting us at Phobio, 800 Battery Ave SE Suite 100, Atlanta, GA, 30339 or at support@phobio.com.