Privacy Policy

Last updated: December 27, 2019

(an explanation of recent updates can be found here)

You may know that there are laws about how businesses can collect and use information from their customers, app users, or anyone visiting their website. These laws set different requirements, but they all relate to the same idea, which is that you have the right to know what information you're sharing with us, what we're doing with it, and why. When the information that we collect identifies you or your household -- or if it could identify you or your household -- it's called "personal data." We want to, and have to, protect your personal data. Our Privacy Policy explains how we try to do so, but it's a long document with a lot to discuss. So, you can:

1. Go to the section that has the topic you're interested in in the table of contents;

2. Use a keyword search for your topic; or

3. Get in touch with us to ask a question, ask us to show us the data we have about you, or ask us to delete your personal data.

1. General Statements

1.1 This is the Privacy Policy for Pax Labs, Inc., but we’ll refer to ourselves as “PAX,” or “the Company,” or use “we/us/our” pronouns.

1.2 We have a Privacy Policy for a few reasons. First: it’s required by law. Second, and more important, we want you to understand how we use data so you can make an informed decision about how you share with us, what you share with us, and how we use your information. Finally, our privacy policy sets internal rules for how we use data and holds us accountable: if we don’t tell you what we’re doing here, in the Privacy Policy, we won’t do it at all unless we specifically obtain your permission.

1.3 We want this Privacy Policy to be understandable on its own, but there are concepts, terms, and phrases that have specialized meaning because they come directly from privacy laws. You can look at the “Further Reading” section to get a clearer idea of what these terms mean.

1.4 We operate in more than one country and specific laws in many places require that specific things are included within a privacy policy. We believe that including all these requirements throughout a privacy policy makes it harder for normal people to read. As such, we have taken the decision to write this Privacy Policy in the clearest way that we can and include the specific international legal requirements in the “International Rights” section at the end of this Policy.

1.5 In some Sections below we refer to “GDPR art”. and then mention some numbers and letters. Where we do this, we are referencing a specific article within the European Union’s General Data Protection Regulation (or GDPR) that permits us to collect and use your data in a specific way. We do this for two reasons: (1) because we are required to under GDPR; and (2) because GDPR is considered to be the highest standard of privacy law in the world and we want you to know that, irrespective of where you live, we are applying the highest standards when it comes to your personal data.

2. Information About PAX and this Privacy Policy

2.1 This Privacy Policy outlines how PAX collects and processes your personal data through your use PAX’s website, app, or any other services sponsored or controlled by PAX (an in-person survey, for instance). In other words, if we’re collecting personal data in any form, this Privacy Policy applies.

2.2 Along those lines, PAX is the “Controller” of the personal data it collects, which means we are the entity that decides how to collect, process, and use personal data.

2.3 We’ll provide links to this Privacy Policy wherever we can – on our websites, in the app, on another website before you take a survey, etc. You should read this Privacy Policy, think about it, ask questions, and decide if you’re comfortable with it. Also read our Terms and Conditions, which control how we provide our services, and any other notices or policies we post, so that you can make an informed decision about interacting with us.

2.4 When we make a change to this Privacy Policy, we’ll post a notice for you to review. This Privacy Policy was last changed on December 27, 2019.

2.5 We are not responsible, though, for links to third party sites that we present to you, either on this website or in the app. Once you access sites or apps via those links, our Privacy Policy no longer applies, and so you’ll need to read their privacy policies as well.

3. What Data Are We Collecting About You?

3.1 Not all data is “personal data” under the law, but a lot of it is, and more than you might think. Because we operate in more than one country, we’ve taken the approach that the broadest definition of personal data is best, because it allows us to explain what we collect more simply. And so, for PAX’s purposes, personal data is:

Any information that can, either alone or with other information, be used to identify an actual human person or their household.

3.2 These are the categories of personal data that we collect:

• "Basic Data" means your name, your email address, your physical address, your phone number, your gender identification, and your verified age. Basic Data is collected only if you elect to provide it to PAX in the course of using the PAX website or PAX app. You may be required to provide Basic Data to use some of PAX’s services, such as completing purchases from PAX’s website or entering promotions.


• "Purchase and Warranty Data" is all Basic Data plus credit card or payment information, age verification information and any ID you’ve used to verify your age, your warranty number, your PAX device serial number, any claims or issues you've reported to us related to your device or the warranty, and any other information related to your purchase of a device or service from us. Purchase and Warranty Data is collected only if you elect to provide it to PAX in the course of using the PAX website or customer support services. You may be required to provide Purchase and Warranty Data to use some of PAX’s services, such as completing purchases from PAX’s website, receiving customer support and making a warranty claim.

• "Product Data" means your PAX device's serial number, an app ID,information about your connected device paired through the PAX app, and any Diagnostic Data and Technical Data (each as described below). Product Data is collected automatically if you download and use the PAX app or connect a PAX device to a PAX app. You do not have to use the PAX app to have a great experience using a PAX device.

• "Diagnostic Data" means all the basic information we collect about your use of a PAX device or a PAX app and how well they are working. This includes, for example, when you turn the PAX device on or off, which firmware version you have installed, battery level, device features used, when you insert or remove a pod (but not any Pod Data, as described below), when you open or close the PAX mobile app, the app version that you have installed and the app features that you use. As Diagnostic Data is part of Product Data, Diagnostic Data is collected automatically if you download and use the PAX app or connect a PAX device to a PAX app. Diagnostic Data does not include Usage Data.

• "Technical Data" means any information we collect as we operate our websites and apps, like your IP address when you connect to our websites, your mobile device identifier, what browser you used to access our site and what operating system you're using, the movement of your mouse on the screen (mouse hovers and clicks, for example) the length of time you spend on our website or app, any extensions or apps you pair with ours. We don't use your IP address to track or record your specific location, just the country and city where your login occurred. That said, it's possible to pair even a generalized IP address with other information to identify someone, and so we treat IP addresses like personal data. As Technical Data is part of Product Data, Technical Data is collected automatically if you download and use the PAX app or websites. Technical Data does not include Usage Data.

• "Usage Data" means Puff Data, Pod Data and Mobile Location Data. We do not collect Usage Data automatically. We will only collect Usage Data if you use the PAX app and opt to share Usage Data with us. You can update this preference at any time in your PAX app’s settings.

• "Puff Data" is any information that you share with us regarding your puffs on a PAX Device. Depending on the device that you use, this may include all details about a particular session, including number of puffs, puff length, temperature, session length, dosage information (per puff and overall amounts consumed), energy used and pressure applied and the amount of oil remaining in the pod. As Puff Data is part of Usage Data, we do not collect Puff Data automatically. We will only collect Puff Data if you use the PAX app and opt to share Usage Data with us. You can update this preference at any time in your PAX app’s settings.

"Pod Data" means any information that you share with us regarding the content of the pod(s) that you use with your PAX device. How do we know what is in a pod? Good question. When a pod manufacturer fills a pod they create a laboratory report describing the composition of the pod and provide the laboratory report to us. Some pods for PAX devices have a serial number and some PAX devices can read those serial numbers. If you share Pod Data with us we will collect the pod serial number and cross reference it with the laboratory report. This means that we can know what type of oil is in a pod that you use. As Pod Data is part of Usage Data, we do not collect Pod Data automatically. We will only collect Pod Data if you use the PAX app and opt to share Usage Data with us. You can update this preference at any time in your PAX app’s settings.

• "Mobile Location Data" means the location that you share with us from your mobile device when you use the PAX app and connect your PAX device to the PAX app. Mobile Location Data comes in two forms: (1) IP address; and (2) GPS location. We can use IP address to understand your location when you use the PAX app, however, we don't use your IP address to track or record your specific location, just the country and city where your login occurred. GPS location is a very precise record of your location based on your mobile device’s GPS coordinates. As Mobile Location Data is part of Usage Data, we do not collect Mobile Location Data automatically. We will only collect Mobile Location Data if you use the PAX app and opt to share Usage Data with us. You can update this preference at any time in your PAX app’s settings. In addition, you can choose if and how you share your GPS location in your mobile device’s settings; you can choose to share (or not share) your GPS location, to only share your GPS location when the PAX app is open, or to share your GPS location all the time. Even if you have opted in the PAX app to share your Usage Data (and therefore share your Mobile Location Data) your mobile device’s GPS location settings will override your PAX app’s settings.

• "Profile Data" means the more detailed PAX profile information that you've set up and shared with us. Your profile data includes your account id, your password, your activity while logged in (including reviews, ratings, submissions, comments, and feedback), social media posts, purchase activity and history, and stores where you've purchased items and used your PAX profile during the purchase. Profile Data is collected only if you elect to provide it to PAX in the course of creating and using a PAX account profile. You do not have to create or use a user account to have a great experience using a PAX device.

• "Feedback and Marketing Data" means information that we collect to suggest new products or services that you might find interesting. This includes any surveys or questionnaires we conduct (whether they're in an email, on our website, in the app, or at a physical location). Feedback and marketing data also means all other forms of Personal Data, your preferences when it comes to how, when, and why we communicate with you about our products and services, and any interactions you have with our marketing materials (for instance, whether you opened a survey or responded to an in-store questionnaire). Feedback and Marketing Data is collected whenever you provide the types of feedback described in the section or interact with our marketing materials. We talk a lot more about marketing in the section below called "Marketing our Products."

• "Third Party Data" means any personal data about you that we obtain – whether by purchasing it or simply receiving it – from anywhere outside of PAX. We don’t control how those third parties get their data about you, but we won’t take any personal data about you from a third party unless they can prove to us that they had your data lawfully and properly in the first place and are permitted to share it with us. Often times, this data is publicly available information like an address, business title, or social media profile, but it could be just about anything.

3.3 As explained below, we may combine different kinds of personal data in the performance of our services, sale of products to you. We’ll also sometimes combine the personal data you’ve given us with non-personal data. For example, we might combine data about the time and location of your purchase with weather data to get an idea of whether rainy days change how customers decide to buy products. If the combined data can identify you, we’ll treat it like personal information, even though some parts of the combined data (like the weather) can’t identify you.

3.4 We do not collect any “Special Categories” of Personal Data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data, or information about criminal convictions or offenses.

4. Age Verification

4.1 The products that we sell on our Website are highly regulated and age-restricted. We are required and committed to preventing sales to anyone under the legal purchasing age and we take measures to mitigate this.

4.2 We utilize trusted verification services to verify the information that you provide and ensure that you qualify to access and purchase products from the Website. This process has been developed with the customer’s privacy in mind with detailed information neither shared nor accessible.

4.3 In some cases, we might not be able to verify your age and/or identity through their verification service. If you are unable to verify your age with the requested information, you will be requested to upload a copy of your government ID that our team can manually verify your date of birth. Photo ID's are uploaded to our third-party partner’s secure database and we simply process the result that they provide – we do not receive a file with your ID to be stored on our servers or database.

5. How We Collect Personal Data

We collect personal data in a variety of ways, depending on how you interact with us, including:

5.1 Direct interactions. You may give us your Basic, Purchase and Warranty, Device, Usage, Technical, Profile, or Feedback and Marketing Data, by interacting with us, as when you:

• purchase our products;

• create an account or profile;

• download, update or use our app;

• use a PAX device and then connect that device to our app;

• sign up to receive information, including marketing information, from us;

• make a claim based on your warranty or communicate with us about your device;

• contact customer support or request technical assistance;

• access PAX via social media accounts or PAX’s website(s);

• enter a promotion or survey; or

• give us feedback or reviews.

5.2 Through automated technologies or interactions. As you interact with our website, we automatically collect Product Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Product Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.

5.3 From third parties or publicly available sources. We may receive personal data about you from various third parties and public sources. That includes, among others, our third-party vendors for

• completing sales (Shopify);

• monitoring activity on our website, including user interaction and fraud prevention (Google), and;

• verifying your age (Veratad).

6. Why (and How) We Use Personal Data

6.1 As mentioned above, there are several lawful justifications for PAX using your personal data in certain situations. Our promise to you is that we will only use personal data when we have a lawful justification for doing so. In some situations, the only lawful justification for using your personal data is when you provide us with your consent to use your personal data. If you ever give us your consent to use your personal data, don't worry, you are not giving that consent forever. We will always give you the option to change your mind and withdraw your consent at any time.

6.2 The following list sets out how we use personal data, and the lawful basis for doing so:

• Verifying your age. We need to verify that you are of legal age to purchase our products, and so we collect Basic Data to do so. We need this information in order to be able to fulfil our part of our contract with you, and so collecting this data is necessary to the performance of our contract with you (GDPR art. 6(1)(b)).

• Completing a transaction. We need Basic Data and Purchase and Warranty Data in order for you to be able to buy one of our products, pay for it, and for us to ship it to you. We need this information in order to be able to fulfil our part of our contract with you, and so collecting this data is necessary to the performance of our contract with you (GDPR art. 6(1)(b)).

• Providing customer service. Depending upon what you contact us for and request, we will use any and all categories of Personal Data we have in order to provide you with customer service. For instance, if you call us to discuss a problem with your shipment, we’ll use Basic Data, Financial and Warranty Data, and likely also Product Data to be able to respond to your query. We need this information in order to be able to fulfill our part of our contract with you (GDPR art. 6(1)(b)), and because we have a legitimate interest in being able to respond to your questions (GDPR art. 6(1)(f)).

• Product safety, failure diagnosis and correction. We want our products to operate in the best way possible for you. The more we know about the basic operation and workings of our products, the more quickly we can understand that there is a problem and fix that problem. More importantly if there was ever an issue that impacted the safety of PAX users, we would want to discover it and take corrective steps ASAP. We therefore use Product Data to monitor the healthy working of PAX devices and the PAX app so that we can analyze trends in failures and bugs to establish whether these are isolated events or product issues that need solving. We use Product Data for this purpose because we have a legitimate interest in ensuring consumer safety and resolving product issues (GDPR art. 6(1)(f)).

• Marketing to you and others. See section 7 below, “Marketing our Products.”

• Managing our website and apps. We’ll use Basic Data, Technical Data, Purchase and Warranty Data, and Profile Data to keep our website and app operating properly (fraud detection and prevention, site maintenance and updates, app maintenance and updates, IP logs).  We use this data because we have a legitimate interest in administering/improving our site and apps, running IT services, ensuring network security, preventing fraud (GDPR art. 6(1)(f), and because we need to demonstrate our compliance with data security obligations both as a legal matter and if we are involved in a business reorganization (a merger or acquisition) (GDPR art. 6(1)(c), GDPR art. 6(1)(f)).

• Creating insights and analysis.  We’ll use Basic Data, Product Data, Usage Data, Profile Data, and Feedback and Marketing Data to analyze how customers use our products, how they use other products and services related to ours (like pods, for instance), how we might be able to build better products and to understand general trends in the market.  We may share or sell those analyses to third parties, but we want to be clear: we’re not selling your name, address, personal usage, or anything that directly identifies you.  Instead, we’re going to compile a broad picture that says something like “customers in Colorado age 40-50 like these pods,” or “people who identified themselves as professionals use pods two times more often on Mondays than any other day of the week.”  It will never be “Customer A, who is a lawyer, used X pod on Y day for Z length of time.”

• Creating and managing your profile. When you create a profile on our website or in our app, you agree to share Basic Data, Product Data, Usage Data and Profile Data with us so that we can provide you with a tailored, custom experience (use metrics, recommendations, trends, etc).  We need this information in order to be able to fulfil our part of our contract with you, and so collecting this data is necessary to the performance of our contract with you (GDPR art. 6(1)(b)).

We also use this information to create our own internal user profile for you, which we use to market products to you, deliver content that we think is relevant to you, to advertise to you, to learn about you in particular and our customers more generally, and to create an analysis of our business, our customers, and our market.  We have a legitimate interest in doing these things in order to grow our business and learn about our industry (GDPR art. 6(1)(f)), but we will only process this information in this way if you have agreed (consented) to us doing so, and you can withdraw your consent at any time (GDPR art. 6(1)(a)).

6.3 We will only keep your Personal Data for as long as necessary under the circumstances in which we collected it, including our obligation to hold onto it for legal, regulatory, or accounting purposes. If we are able to make data completely anonymous (that is, it can’t be used to identify you), we may keep that data indefinitely for statistical or analytic purposes.

7. Marketing our Products

A general note on marketing data: We advertise because we want people to buy, and like, our products, and because we want our business to succeed.  That means we place ads, send emails, run promotions, send out questionnaires, take surveys, conduct interviews, and do everything else that a marketing department does to try to create a brand.  We’re telling you this bluntly so that you have an easier time understanding what we mean when we talk about marketing: it’s our effort to help our business grow.

Part of that growth is understanding what our existing customers like, what they don’t like, and what they might like in the future.  We want to know why our users bought a device, or a particular pod.  We think that knowing what our customers like will help us improve our existing products and services and design and deliver new, better ones in the future.

The most important part in all of this: you have absolute control over how, and if, we market to you. The basis upon which we use this information is your consent (GDPR art. 6(1)(a)) and you can withdraw that consent at any time. Want to share details of your usage so that we can send you promotional information that match your interests?  Great.  Don’t want us to know anything about your Usage Data at all and never email you?  Sure – although we may have to email you if we have a legal obligation to do so or, for example, if you contact us.  The point is that you can always decide how much information you share and how we contact you when it comes to marketing.

7.1 Promotional offers

We use your Basic, Product, Usage, Profile, and Feedback and Marketing Data to create a marketing profile for you so that we can send you information about what devices, products, services, or other goods you may find interesting.  If you’ve opted-in to receive communications, we’ll send you emails, texts, or other communications in the format you’ve chosen.  We may ask you to opt-in to marketing communications via email, on our website, in the app, or in a physical location like a store or a festival.

7.2 Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the PAX for marketing purposes.

7.3 Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

7.4 Cookies

Cookies are small files that track your activity online.  Some of them are purely functional (they allow website to load faster) and some of them are for marketing (tracking how you interact with websites).  We use cookies for both purposes, but you can read more about cookies (and how to block them) in our cookie policy.

7.5 Change of purpose

We only use your Personal Data in the ways we’ve outlined in this Privacy Policy, unless we think there is a reason that we can use it for another purpose that 1) is fair, and 2) is compatible with the original reason we collected it.  We’ll tell you if we need to use your Personal Data for a purpose other than the original purpose for which we collected it

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

7.6 Data retention

We delete or anonymize your Personal Data as soon as it is no longer required for the purposes we have collected, unless we are legally required to continue processing of your Personal Data.  The one primary exception here is that, if you ask us to delete your data and “forget” you, or ask us not to contact you, we’ll keep your email address on our master do-not-contact list as proof that we followed you request and so that we can avoid contacting you in the future. 

For more information on the different categories of Personal Data and their retention periods, please contact privacy@pax.com.

7.7 Automated Decisions

We don’t use an automated decision making system (an algorithm or machine learning tool) to make decisions about you.  We’ll use a system that makes recommendations for what we think you’ll like, but acting on those recommendations is always in your hands, not ours.

8. Disclosures of your personal data

8.1 Sometimes, we will share your Personal Data with:

• Outside third parties. As explained above, we use outside vendors and service providers to enable our company to function.  The kinds of third parties we share your data with are:

    ◦ Service providers acting as processors based outside of the EEA who provide IT and system administration services including cookies/user experience/analytics.

    ◦ Professional advisers acting as processors including lawyers, bankers, auditors and insurers based outside the EEA who provide consultancy, banking, legal, insurance and accounting services.

    ◦ Logistics providers to process and deliver your order and to deal with any post-purchase and/or customer service issues.

We’ll also share Personal Data if we buy, sell, transfer, or merge parts of our business with another company. 

• Regulators. If we are subject to an audit, review, or other inquiry by a properly constituted regulatory agency (like the Food and Drug Administration, for instance), they may require us to share the data we have, including Personal Data. 

• Subpoenas and legal demands. We have to comply with lawful subpoenas or investigative demands from courts and law enforcement agencies.  We want to be really transparent on this point: if law enforcement (or anyone else with a valid subpoena) follows the correct legal process and demands information about you from PAX, it’s very likely that we have to share that information. That means we might have to share data about where you’ve used the device and, depending upon which device you use, the amount and type of product you’ve used.  If that’s a concern for you, or if you just don’t like that, then you shouldn’t share Usage Data with us.

8.2 We share your Personal Data outside third parties only to enable us to fulfil our part of our contract with you (GDPR art. 6(1)(b)), because you have consented to it (GDPR art. 6(1)(a)), or because it’s necessary for a legal or regulatory requirement (GDPR art. 6(1)(c)).  None of these third parties are allowed to use your Personal Data in any way that is different from the reasons we outline here.

9. International transfers

9.1 We are based in the United States and will transfer data from other parts of the world as outlined in this Privacy Policy.

9.2 For those present in the EU, we won’t transfer your Personal Data outside of the European Economic Area unless the place we are transferring it has a similar degree of protection for personal data as the EEA.

9.3 PAX itself is certified to the US/EU and US/Swiss Privacy Shield program, which you can read about in the International Rights section below.

9.4 If you have questions about transferring data out of the EEA, please contact us and we’ll provide you with more information.

10. Data security

10.1 We work hard to keep your data (and ours) safe.  We use a variety of tools – technological, administrative, and physical – to keep data secure.  These safeguards are designed to ensure that whatever Personal Data we keep is protected against unlawful access or use. Despite our best efforts, however, no security measures are completely impenetrable.

10.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

11. Your legal rights

11.1 When you provide us with personal data, you have rights about how we use it, and why.  In some circumstances, those rights are set out in specific legislation like the European Union’s GDPR, Canada’s PIPEDA, or California’s Consumer Privacy Act.  In general, you have the right to:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

11.2 No fee usually required

In some rare circumstances, you may have to pay a fee regarding a request, but in general you don’t have to pay anything to exercise these data rights.

11.3 What we may need from you
In order to make sure that you’re the person entitled to exercise the rights listed above, we’ll sometimes request information to verify your identity.  We will not ask for more data than is necessary to confirm your identity.

11.4 Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

12. Third Party Services

As explained above, we may provide links to websites or services operated by third parties. This Privacy Policy does not apply to these third-party websites or services.  If you follow a link to any of these websites or services, please note that these websites or services have their own privacy policies and terms & conditions, and that we do not accept any responsibility or liability for their policies.

13. Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: privacy@pax.com

By mail: PAX Labs, 660 Alabama Street, Second Floor, San Francisco, CA 94110; Attn: Legal Department.


14. Further Reading

Privacy rights are very complicated.  We want you to be able to make informed choices about how and why you share your data with us.  Here are some links to important guidance and documents from governments and policy groups that talk about key issues.  We’ve outlined key rights under the GDPR and CCPA below, but here are some other helpful links:

Key Terms

The European Commission provides a good explanation of what “personal data” is, and you can read the entire GDPR here.

Your EU Rights

If you're present in the European Union, the Information Commissioner’s Office in the UK provides a succinct explanation the rights you have when it comes to data.

FTC Principles

The Federal Trade Commission is the main agency that handles privacy issues. They have a series of posts about consumer privacy rights that you can read here.

PIPEDA

Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) covers privacy rights as well, and the Office of the Privacy Commissioner offers its explanation of rights here.

15. International Rights

Rights for EU Residents
If you are present in the EU, you have the right to:

Request access to your personal data (commonly known as a "data subject access request") (GDPR art.15). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you (GDPR art.16). This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data (GDPR art.17). This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.  We’ll also maintain a record of your email address in a master list of deletion requests to demonstrate that we have complied with your request and will not contact you in the future.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms (GDPR art.21). You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data  (GDPR art.18). This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party  (GDPR art.20). We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format.  Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You have the right to object to the processing of your Personal Data under certain circumstances in particular if we process your Personal Data on the basis on legitimate interest (GDPR Art. 6 (1)(b)) or if we use your personal data for marketing purposes.

You have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, place of work or place of the alleged infringement if you consider that our processing of your Personal Data infringes the applicable data protection laws. Please contact us at privacy@pax.com and we will provide you with detailed information as regards the contact details of the appropriate supervisory authority.

Your California Privacy Rights

If you are a California customer, you have the right to receive, once per year, free of charge, 1) the identity of any third party company to which we have disclosed your personal information as defined by California’s “Shine the Light” law for that company’s own direct marketing purpose; and 2) a description of the categories of personal information disclosed.  To request this information, please contact us at privacy@pax.com or the mail address set forth in the section entitled “Contact Us” below. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are not required to respond to requests made by means other than through the provided email or mail address.

For California residents, you can make a CCPA “Do Not Sell” request to us by emailing us at privacy@pax.com or submitting a request at https://www.pax.com/pages/support-form.

Privacy Shield - EU – US Data Transfers and Swiss – US Data Transfers

We operate in more than one county and so have operations, systems, and processes across the globe. If you are located outside the United States and provide Personal Data to us, we will transfer your Personal Data to the United States and process it in the United States in accordance with this Privacy Policy. 

Our Obligations to you under the Privacy Shield:

Overview

We comply with the requirements of the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce (the “Principles”).  We have certified that we adhere to the Principles with respect to personal information (as described below) that is transferred from the European Union and its Member States, and the European Economic Area and Switzerland (“EU”) to the United States.  If there is any conflict between the terms in this Privacy Shield Policy and the Principles, the Principles shall govern.  PAX is subject to investigatory and enforcement powers of the U.S. Federal Trade Commission.

This Privacy Shield Policy applies to personal information within the scope of PAX Privacy Shield certification, which covers the personal data in the following categories:

1. Personal data related to customers, PAX account holders, prospective customers or account holders, third party vendors, affiliates, and contractors, and users of PAX applications and websites. The collection of personal information such as contact information, age, location, product inquiries or purchases, payment information or payment status, and registered account information facilitates the provision of our goods and services and carrying out other product related services. Information collected may be transferred to business partners, PAX affiliates and third-party service providers performing related services and may furthermore be transferred to regulatory authorities;

2. Personal data related to customers, PAX account holders, prospective customers or account holders, and users of PAX applications and websites who make enquiries regarding PAX products or services and who may be asked to provide personal information in order to provide the requested information, products or services. Personal information provided may be used for the processing of requested transactions, improving the quality of our services, sending communications about our products and services, enabling our business partners and service providers to perform certain activities on our behalf and complying with our legal obligations, policies and procedures;

3. PAX may use the personal information it collects to comply with our legal obligations, policies and procedures and for internal administrative purposes.

For the purposes of this Privacy Shield Policy, “personal information” means any information relating to an identified or identifiable natural person.  In addition, certain personal information covered by PAX Privacy Shield certification may be subject to more specific privacy policies of PAX, which are also consistent with the requirements of the Principles, and in the case of any conflict between these policies and the Principles, the Principles will control.

For example:

• Certain PAX websites maintain their own privacy policies that apply to personal information collected via those sites. These policies may be accessed through those websites.

• PAX takes the privacy of data subjects and the integrity of its data privacy practices very seriously. Personal information obtained from or relating to data subjects is further subject to the terms of all regulatory requirements related to clinical trials imposed by any regulatory agency (including the FDA and EMA), as well as any specific privacy notice provided to the data subject, any informed consent agreement with the data subject, and all other applicable laws and professional standards.

Individual Notice and Choice

We collect and process personal information from certain individuals and for the purposes described in this Privacy Shield Policy.  Personal information covered by this Privacy Shield Policy is collected and processed only as permitted by the Principles.

Notice to individuals regarding the personal information collected from them and how that information is used may be provided through this Privacy Shield Policy, other PAX website notices, or other direct forms of communication with appropriate parties, such as contracts or agreements.  Where necessary and appropriate, consent for personal information to be collected, used, and/or transferred may also be obtained through these same means of communication (including opt-in consent for sensitive personal information). 

Disclosures & Accountability for Onward Transfers

Consistent with the Principles, PAX may transfer personal information to third parties, including transfers from one country to another.  We will only disclose an individual’s non-public personal information to third parties under one or more of the following conditions:

• The disclosure is to a third party providing services to PAX, or to the individual, or is in connection with the operation of a clinical trial, and as consistent with the purpose for which the personal information was collected. We maintain written contracts with these third parties and require that these third parties provide at least the same level of privacy protection and security as required by the Privacy Shield Principles. To the extent provided by the Principles, PAX remains responsible and liable under the Privacy Shield Principles if a third-party that it engages to process personal information on its behalf does so in a manner inconsistent with the Privacy Shield Principles, unless PAX proves that it is not responsible for the matter giving rise to the damage.

• With the individual’s permission to make the disclosure;

• Where required to the extent necessary to meet a legal obligation to which PAX is subject, including a lawful request by public authorities and national security or law enforcement obligations and applicable law, rule, order, or regulation.

• Where reasonably necessary for compliance or regulatory purposes, or for the establishment of legal claims.

Access

Individuals whose personal information is covered by this Privacy Shield Policy have the right to access the personal information that PAX maintains about them as specified in the Principles. Individuals may contact us to correct, amend, limit usage of, or delete such personal information if it is inaccurate or has been processed in violation of the Principles (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the individual’s privacy, or where the rights of persons other than the individual would be violated).  Requests for access, correction, limitation, amendment or deletion should be sent to privacy@pax.com.

Security

PAX takes appropriate measures to protect personal information in its possession to ensure a level of security appropriate to the risk of loss, misuse, unauthorized access, disclosure, alteration, and destruction.  These measures take into account the nature of the personal information and the risks involved in its processing, as well as best practices in the industry for security and data protection.

Data Integrity and Purpose Limitation

PAX collects and processes personal information only to the extent that it is compatible with the purposes for which it was collected or subsequently authorized by the data subject.  PAX does not retain personal information it no does not serves the legal, regulatory, or business purposes for which it was collected or subsequently authorized.  PAX takes reasonable steps to ensure that personal information is accurate, complete, current, and reliable for its intended use.  In certain circumstances, individuals can request to limit our usage of personal data.  To make such a request, please contact us at privacy@pax.com.

Enforcement

In compliance with the Principles, PAX commits to resolve complaints about our collection or use of your personal information.  Individuals with inquiries or complaints regarding our Privacy Shield Policy should first contact PAX at privacy@pax.com. PAX has a policy of responding to individuals within thirty (30) days of an inquiry or complaint. 

If an individual has an unresolved complaint or concern that is not addressed satisfactorily, PAX agrees to cooperate and comply with the EU data protection authorities (DPAs) and the Swiss Federal Data Protection Information Commissioner (FDPIC) regarding the unresolved complaints of data subjects who are located in the EU and Switzerland.  Such individuals may direct complaints about their personal information to their respective DPA.  For the contact information for your country’s DPA, please contact us at the address given below.  PAX commits to cooperate with DPAs and the FDPIC, and to comply with the advice given by such authorities with regard to non-human resources data transferred from the EU and Switzerland in the context of any relevant employment relationship.

You may have the option to select binding arbitration under the Privacy Shield Panel for the resolution of your complaint under certain circumstances.  For further information, please see the Privacy Shield website. To learn more about the Privacy Shield Framework, and to view PAX certification, please visit the Privacy Shield Framework’s website.

Modifications

PAX may update this Policy at any time by publishing an updated version here.  We will not update this Privacy Shield Policy in contravention to the Principles so long as we remain certified to the Privacy Shield.