PRIVACY POLICY

PRIVACY POLICY

EFFECTIVE DATE: November 12, 2019 

This Privacy Policy covers the practices of the dtx company and Flowcode (collectively, “dtx”) concerning personal information we obtain in connection with our websites (the “Sites”) and our other services, features, content, technology and applications, including, for example, our QR codes (collectively with the Sites, the “Services”). 

We help participating companies (“Brands”) and consumers build connections. Sometimes we do this – and provide other aspects of our Services to Brands and consumers – by collecting information through the websites, applications or other online properties of Brands that use our Services.  In all cases, this Privacy Policy applies only to dtx’s handling of information.  Brands and other third parties collect and handle information pursuant to their own policies and procedures, which differ from this Privacy Policy.

By using a Site or other Services, such as by creating a personalized QR code (“Personal QR code”), or by scanning a dtx-powered QR code provided by a Brand, you consent to the collection and handling of your information as described in this Privacy Policy.

1. What Information We Collect

You may provide the following types of information to us:

·       Contact information, such as name, username, email address, phone number and address;

·       Information about your purchases;

·       Payment details, such as payment card number;

·       Information about your interests and preferences;

·       Precise geolocation information, and other details about your browser or device;

·       Information about your use of our QR codes;

·       Other information about your interactions with Brands and other partners;

·       Other information about your interactions with our Sites and Services.

You share some of that information with us using the information collection technology described below.  We also may use that technology to collect information about you automatically.

We may also receive personal information from Brands, service providers, and data partners, as well as from publicly available sources such as websites. 

If you share your Personal QR code or you share a QR code with another person who then scans that QR code, we may collect information from that person’s device in the same categories of information as described in this Privacy Policy.

Cookies and other Information Collection Technology:

Through our Sites and other Services (including in some Brands’ online properties and communications), we and third parties collect information from your device by automated means such as cookies, web beacons, local storage, JavaScript, mobile-device functionality and other computer code. This information may include unique browser identifiers, IP address, browser and operating system information, device identifiers (such as the Apple IDFA or Android Advertising ID), geolocation, other device information, Internet connection information, as well as details about your interactions with the relevant website, application, email or other online property (for example, the URL of the third-party website from which you came, the pages on our Site that you visit, and the links you click on in a website).  In some cases (such as cookies), the tools described here involve storing unique identifiers or other information on your device for later use.

These technologies help:

·       Display personalized content;

·       Facilitate online marketing;

·       Remember your settings on the pages you visit so that we can display your preferred content the next time you visit;

·       Perform analytics, measure traffic and usage trends, and better understand the demographics of users;

·       Diagnose and fix technology problems;

·       Plan for and enhance our business; and

·       Facilitate the other uses and disclosures described in this Privacy Policy.

For example, in some cases, we assist with the collection of information by advertising services provided by third parties. We and ad services may track your online activities over time by collecting information through automated means such as cookies, and we or they may use this information to show you ads that are tailored to your individual interests or characteristics, your prior visits to certain websites, or other information we or they know, infer, or have collected from people like you. 

To learn more about interest-based advertising generally, or to opt out of targeted, interest-based ads by some of our current ad service partners, visit aboutads.info/choices from each browser you use.

You can opt out of Google Analytics and customize the Google Display Network ads by visiting the Google Ads Settings page from each browser. Google also allows you to install a Google Analytics Opt-out Browser Add-on for each browser.

In addition, you may be able to set your browser to refuse certain types of cookies, or to alert you when certain types of cookies are being used. Some browsers offer similar settings for HTML5 local storage and other technologies. However, if you block or otherwise reject our cookies, local storage, JavaScript or other technologies, certain websites (including some of our own Sites) may not function as expected. 

If you replace, change, upgrade or reset your browser or device, or delete your cookies, you may need to use these opt-out tools again. We do not respond to browser-based do-not-track signals.

When you point the camera on any modern phone or tablet at a QR code, you’ll either be given an option to take some action, or your device will automatically take that action. For example, when you point the camera at the QR code above, you’ll see the option to open visit a webpage. Some QR codes can do other things, like download some content or install an app. 

When you use a dtx-powered QR code, we may collect some information about that interaction. For example, a Brand could display a dtx-powered QR code on a billboard, in an ad on TV, on the Brand’s product, or anywhere else, along with an invitation to scan it to get a coupon. If you scan it, your phone may visit a dtx Site (such as flwc.de or shop2.it) for a split second while on its way to the coupon. dtx may use cookies and the other information collection technology described above on that dtx Site and at the coupon location (such as the Brand’s website) to collect information. 

2. How We Use Personal Information

We use personal information:

·       To provide our Services to Brands, users, and others;

·       To improve our Services and create new ones;

·       To respond to questions, concerns, or customer service inquiries, and to otherwise fulfill individuals’ requests;

·       To send information about our current and future Services (or the offerings of Brands), including marketing communications by phone, email, online display advertising, and other channels;

·       To analyze market conditions and use of our Services;

·       To customize the content and advertising individuals see on our Sites, across the Internet, and elsewhere;

·       To enforce the legal terms that govern our business relationships;

·       To detect and take measures against fraud, cybersecurity violations and other risks;

·       To comply with law and legal process and protect rights, safety and property; and

·       For other purposes requested or permitted by Brands, users or other relevant individuals, as appropriate.

We also may use personal information to create appropriately aggregated or anonymized data, which is not subject to this Privacy Policy, and which we may use or disclose for any purpose.

3.  Protection of Information

Our security measures include various technological and physical safeguards. We urge you to use a unique password for each of the Services, to keep them in a safe place and not to divulge them to anyone. Also remember to sign off your account and close your browser window when you have finished your visit to the Sites or your other use of the Services. However, no security method is perfect, and even if you take those steps, we cannot guarantee that any data will remain secure.

4. How Long We Keep Your Personal Information

In general, we will retain your information in identifiable form for the time necessary to realize our legitimate business purposes and to comply with the law. Information may persist in copies made for backup and business continuity purposes for longer than original copies.

5. Sharing Your Personal Information

We may share your information with third parties as follows:

·       With Brands: We share information with Brands. For example, when we collect information about you in the context of your relationship with (or interaction with) a Brand, we may share that information with the Brand. We may also share personal information with Brands in other situations.

·       With Service Providers: We may share your information with companies that provide services to us, including, without limitation, facilitating some aspects of our Site or Services such as sending emails and fulfilling customer service requests.

·       With Affiliates: We may share information with other members of our corporate family for the purpose described in this Privacy Policy.

·       With Business Partners: We may share information with businesses with which we partner to offer you certain products, services, and promotions which may be of interest to you.

·       Legal Proceedings: We share information when we believe disclosure is appropriate due to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law;

·       Compliance: We share information when we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Services’ terms and conditions or other agreements or policies.

·       Corporate Transactions: We may disclose your information as part of, or to take steps in anticipation of, a sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, a bankruptcy, or other significant corporate event.

Except for recipients that receive the information under a legal or contractual obligation to handle it solely on dtx’s behalf, the recipient of the information may be permitted to handle the information pursuant to its own privacy policy, not this one, subject to applicable law. 

6. Marketing Messages Opt-Out

If you would like to opt out of receiving promotional emails from dtx, please contact privacy@thedtxcompany.com or follow the instructions in those messages. Please note that if you opt out, we may still send you non-promotional messages, such as communications regarding Services you have requested.

7. Use of Services by Children

Our Services are not directed at and should not be used by children under the age of 16. If we learn that we have collected the personal information of a child under the age of 16, we will delete it or take other steps if required under applicable law.

8. Links to Third Party Web Sites

Our Services contain links to web sites, apps and other online properties operated and maintained by Brands and other third parties, over which we have no control, including but not limited to social media platforms. Privacy policies on such properties are different from our privacy policy, and you should read them right away. You access those online properties at your own risk.

9. International Data Transfers

We are headquartered in the United States, and recipients of the data disclosures described in this Privacy Policy are located in the United States and elsewhere in the world, including where privacy laws may not provide as much protection as those of your country of residence.  However, this Privacy Policy applies to dtx’s operations worldwide.

10. Legal Basis for Processing Personal Information

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to process your personal information.  To the extent those laws apply, our legal grounds for processing personal information are as follows:

·       To honor our contractual commitments to an individual: Some of our processing of personal information is done to meet our contractual obligations to the individuals to whom the personal information relates, or to take steps at their request in anticipation of entering into a contract with them. For example, when an individual purchases something from us, we may process their payment information on this basis.

·       Consent: Where required by law, and in some other cases, we process personal information on the basis of consent. For example, some of our direct marketing activities happen on the basis of opt-in consent, such as sending marketing emails to individuals who have requested them.

·       Legitimate interests: In many cases, we handle personal information on the ground that it furthers our legitimate interests in commercial activities, such as the following, in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:

o   Customer support;

o   Some marketing activities, including, in some cases, direct marketing such as via email;

o   Protecting Brands, users, personnel and property;

o   Analyzing and improving our business and Services; and

o   Managing legal issues.

We may also process personal information for the same legitimate interests of Brands and other business partners.

·       Legal compliance: We need to use and disclose personal information in certain ways to comply with our legal obligations.

Where we process personal information solely on behalf of a Brand, the Brand is responsible for maintaining a legal basis for the processing.

11. Your Choices and Rights

You can unsubscribe from dtx marketing emails as described in section 6 above, and you can make certain choices regarding the use of cookies and similar technology as described in section 1 above. If you have established an online account with our Services, you may also be able to login to that account to access or change your personal information, or to use certain privacy preference settings.

Depending on which laws apply to particular situations, residents of the European Economic Area and some other jurisdictions have certain additional legal rights to do the following with personal information we handle:

·       obtain confirmation of whether we hold personal information about them, and receive information about how it is used and disclosed;

·       obtain a copy of the personal information, and in some cases, receive it in a structured, commonly used and machine-readable format, or have it be transmitted to a third party in such form;

·       update, correct or delete the information;

·       object to the use or disclosure of the information;

·       withdraw consent previously provided for the handling of the information (without affecting the lawfulness of prior use and disclosure of the information); and

·       obtain a restriction on the use of the information.

For example, individuals whose personal information is subject to the General Data Protection Regulation (GDPR) have a right to opt out of our handling of their personal information for direct marketing purposes.  

Many of the rights described above are subject to limitations or exceptions under applicable law.

If you wish to exercise any of these rights, or raise a complaint on how we have handled your personal information, please contact us as described at the end of this Privacy Policy. However, in cases where we handle personal information solely on behalf of a Brand, we may need to refer your request to the Brand, depending on our arrangement with them.

For Nevada Residents Only: Under a Nevada privacy law, certain Nevada residents may opt out of the “sale” (as defined in that law) of certain categories of information about them for monetary consideration to a person for that person to license or sell such information to additional persons.  As of the effective date of this Privacy Policy, we do not engage in such “sales” of information covered by that law.  However, if you are a qualifying Nevada resident, you may submit a request to opt out of future “sales” by us under that Nevada law by writing to us as described below.  We reserve the right take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.  

13. Updates and Changes to this Policy

dtx will update this Privacy Policy from time to time, such as to reflect changes in our practices or for legal reasons. We will post those changes here or on a similarly accessible page. Please be sure to check this Privacy Policy before proceeding to use our Site or our other Services.

14. Questions or Feedback

If you have any questions or comments regarding our privacy policy and practice, or to submit a request or complaint, please email us at privacy@thedtxcompany.com or use the contact details below: 

the dtx company

Attn: Privacy Team

45 Grand St.

New York, NY 10013