Privacy Policy

Privacy Policy Change

This Policy may be updated or changed from time to time in our sole discretion and without any prior notice. Any updates or changes will take effect as of the "Last Updated" date at the top of the Policy. Your continued use of the Platform, Sites and Services after any such updates shall constitute your agreement to such updates.

1. The Data We Collect and How it is Handled

The specific information NetElixir collects from or obtains about you depends on the nature of your relationship with NetElixir, which Product(s) you use, and your interaction with NetElixir's Platform, Sites and Services.

1.1 Personal Data

"Personal Data" is information from which you could be identified, directly or indirectly. Personal Data may include:

• Contact and business information and identifiers (such as name, title, email address)
• Account information
• Information from third parties
• Internet Protocol (IP) addresses or any other unique identifying information

1.2 Other Information

"Other Information" is any information that does not independently reveal your specific identity. Examples include:

• Browser type and metadata
• Device information, time and date of requests
• Login activity

1.3 Information You Provide

NetElixir collects information about you when you visit NetElixir's Platform and interact with its functionalities including its forms, online chat, email, communication functionalities, and registration portals — including sign-ups, demo requests, and waitlist submissions for Products such as LXRSense. All communications received will be stored for as long as it may be necessary to effectuate the subject matter of the communication.

1.4 Information Collected Automatically

• Log data NetElixir's servers automatically collect information when you access or use the Platform and record this as access logs. These logs may include IP address, usage data, browser type, the date and time of the request, and language preferences.
• Device Information NetElixir collects data about devices accessing the Platform, which may include the type of device, device settings, application IDs, and unique identifiers.
• Location Information NetElixir receives data from you and other third parties that assist NetElixir in tracking approximate device locations up to the city level.
• Third Parties NetElixir uses automatic data collection tools to collect information using website tracking technologies such as cookies, web beacons, pixels, widgets, buttons, or other similar technologies. You can disable these tracking methods through your device and/or browser configuration.

1.5 Information from Other Sources

Apart from the data that you provide us directly, we also may collect information about you from publicly available sources and third-party sources.

1.6 Information from Connected Accounts and the DataLake

Certain Products, including LXRInsights and LXRSense, allow or require you to connect a Shopify, BigCommerce, WooCommerce, Google, Meta, or similar third-party e-commerce, advertising, or analytics account (each, a "Connected Account") to the Sites and Services. Where you connect a Connected Account, NetElixir collects and processes the data made available through that account — which may include store, catalog, order, campaign, and performance data, and may include Personal Data of your own customers or contacts — through the DataLake.

Data collected through a Connected Account or generated by your use of any one Product may, where reasonably necessary to operate, improve, or provide the Sites and Services, be stored and processed centrally through the DataLake and made accessible across the Products associated with your account, and may inform automated or Agent-driven functionality operating across Products on your behalf. If you are a business customer submitting data about your own customers or contacts through a Connected Account or otherwise, you represent that you have the necessary rights and legal basis to share that data with NetElixir for the purposes described in this Policy.

2. How We Use the Data

NetElixir may use the data collected for the following purposes:

• To provide and optimize NetElixir's Platform, Sites, and Services, across the Products and the Common Modules
• To communicate with you
• To improve the operation and functionality of NetElixir's Sites and Services
• To fulfill requests for demonstrations, products or services, including waitlist and alpha/beta access to Products such as LXRSense
• To customize the content you see when you visit the Platform
• To inform our algorithms, including predictive models, segmentation, and Agent-driven automation operating within or across Products
• To conduct data correlation and analytics as part of, and related to, LXRInsights
• To facilitate corporate reporting and management
• To maintain a safe and trusted environment for NetElixir employees, customers, Sites and Services visitors and users, and members of the public
• To conduct other similar uses pertaining to the NetElixir Sites and Services

3. How We Share the Data

We do not share or disclose Personal Data except as this Policy outlines. We may share or disclose Personal Data and Other Data to third parties under the following circumstances:

3.1 Sharing with NetElixir Affiliates

NetElixir may share your information with NetElixir's affiliated entities worldwide for the purposes described in this Policy. All entities and affiliates are subject to this Policy and NetElixir's internal privacy policies.

3.2 Sharing Data with Third Parties

NetElixir retains third-party service providers to manage or support certain aspects of NetElixir's business. These providers may be located globally and provide services such as communication, website hosting, advertising and marketing, data analysis, data hosting, and other similar services. They are prohibited from using such Personal Data for any purpose other than to perform services as requested by NetElixir.

Where a Product is connected to a Connected Account (such as Shopify, BigCommerce, WooCommerce, Google, or Meta), data may also flow to and from that third-party platform in accordance with the permissions you grant when connecting the account and that platform's own terms and privacy practices, which NetElixir does not control.

3.3 With Your Consent or at Your Direction

NetElixir may share or disclose your Personal Data to other entities with your consent or when you have directed that we do so.

3.4 Corporate Transactions

In cases of a sale, merger, or change in control of NetElixir, we may disclose or transfer your Personal Data as a business asset, following this Policy, to prospective or actual purchasers or receive your Data from sellers or counterparties.

3.5 Compliance with Legal Requirements

NetElixir may be required to disclose your information to comply with applicable laws, court orders, regulations, and Government and law enforcement requests, including national security or other law enforcement requirements.

4. The Processing of Data – Lawful Basis

NetElixir will only collect and process your Personal Data when we have a reason to do so. NetElixir relies on the following reasons for receiving and processing certain Personal Data:

• 1. Consent NetElixir processes certain Personal Data based on your consent when the information was submitted. Where NetElixir relies on your consent, you can withdraw or decline your consent at any time.
• 2. Contract When processing is necessary to perform an agreement with a business customer to provide our services or product across the Platform or any Product. The business customer receiving the service(s) can terminate the contract by following the requirements defined within that contract.
• 3. Compliance with laws Where NetElixir is required to process information to comply with applicable laws. NetElixir will make clear the reason(s) for which the Personal Data is being sought at the relevant time.
• 4. Legitimate interests Legitimate interests include enabling NetElixir to conduct internal business services such as audits, mergers and acquisitions, reporting, and improving NetElixir's Services, including through the DataLake and Agents. Personal Data will only be processed on these grounds when doing so does not outweigh your rights.

5. How Your Information is Protected

NetElixir values the importance of information, and the need to keep Personal Data secure. NetElixir has implemented and maintains commercially reasonable technical, administrative, and physical security measures to safeguard your information from unauthorized access, misuse, disclosure, alteration, accidental loss or destruction, including within the shared DataLake and ACL modules underlying the Products.

NetElixir regularly reviews its security procedures. These may include data encryption, firewalls, physical access controls, and information access authorization controls. NetElixir takes steps to monitor its systems for vulnerabilities regularly and to ensure that information is only shared with those who need to know it.

However, no website or Internet transmission is completely secure. While NetElixir strives to protect your data, NetElixir cannot guarantee that unauthorized access, hacking, loss, or a data breach will never occur. NetElixir requires that its third-party service providers and partners agree to keep the information shared with them confidential and to use it only to perform their obligations.

6. Retention of Your Information

NetElixir will retain your Personal Data for the time required to fulfill the purposes outlined in this Policy unless a longer retention period is required or permitted by law, or unless the Personal Data is deleted according to the exercise of your rights, if applicable. This includes Personal Data held in the shared DataLake, which is retained according to the same principles regardless of which Product originally collected it.

NetElixir may collect, compile, store, publish, promote, sell, or otherwise disclose or use any and all anonymized or aggregate information without limit to use scope or duration.

7. Exclusions

This Policy applies only to your relationship with NetElixir through your use of NetElixir's Sites and Services, Platforms, communications and marketing and advertising activities.

The Platform, Sites and Services may provide links to websites and access to content, products, and services of third parties, including Connected Accounts described in Section 1.6. Such third-party websites, content, products or services are governed by such third-party's terms and conditions and are beyond the control of NetElixir.

8. Use by Children or Minors

NetElixir's Platform, Sites, and Services are not designed to collect Personal Data from individuals under the age of 16 years old (or the applicable age in your country). If you are under the applicable age, you should not register for, or otherwise provide information on our Platform, Sites, and Services.

If you believe information has been submitted to NetElixir's Sites and Services or Platform requiring attention related to this disclosure, please contact NetElixir using the information in the Contact Us section.

9. Your Privacy Rights

NetElixir provides you with options to exercise certain controls and choices regarding NetElixir's collection, use, and sharing of your Personal Data. NetElixir will never collect Personal Data that is not necessary for the intended purpose of processing that information.

You are also not required to share the Personal Data that NetElixir requests. However, if you choose not to share such information, it may hinder your ability to use NetElixir's Sites and Services, including specific Product features that depend on a Connected Account or account information.

10. Data Subjects in the European Economic Area or United Kingdom

If you are a Platform user/visitor located in the EEA or UK and you are a data subject under the GDPR or equivalent law, this section summarizes our lawful basis for processing your Personal Data, how it may be transferred, your rights concerning that data, and how we may be contacted.

The GDPR or equivalent law provides you with the following rights:

• AccessThe right to know we collect certain Personal Data about you and to seek copies of that data.
• RectificationThe right to request that we correct information you believe to be inaccurate or incomplete.
• Object to ProcessingThe right to object to the processing of your data in certain circumstances, including for our stated legitimate interest and direct marketing.
• ErasureThe right to request that we erase the Personal Data we have collected about you in certain circumstances.
• Restrict ProcessingThe right to ask us to restrict the processing of your data in certain circumstances.
• Data PortabilityThe right to receive the Personal Data you have provided to us in a structured and machine-readable form and to transmit that data to another data controller.
• Withdraw ConsentThe right to withdraw your consent at any time after we have been relying on your consent to process your Personal Data.
• ComplaintThe right to lodge a complaint with an appropriate Data Protection Authority.

You may contact us at the contact information provided in Section 17 to exercise any of these rights.

11. Cookies, Web Beacons, Pixels and Related Technologies

Cookies are small text files containing information unique to your account or browser that may be read from your device using NetElixir's Platform, Sites, and Services. NetElixir uses cookies and related technologies to track activity and to collect information about how you use the Platform, Sites, or Services.

Most web browsers provide options that allow you to control or reject cookies or to alert you when a cookie is about to be placed on your device. If certain cookies are blocked or rejected, you may not have access to all features or functionalities available through NetElixir's Platform, Sites, and Services.

12. Cross-Border Data Transfers

For any of the purposes listed in this Privacy Policy, we may transmit the personal data we have about you to locations outside of your country of residence, including in connection with the DataLake and other Common Modules that operate centrally across the Platform. It is possible that the data protection rules in these nations are lower than those in your own. Your personal information is transferred internationally following the necessary security measures.

We will abide by all relevant legal requirements that offer sufficient protection for transferring personal data to recipients beyond the jurisdiction where the data was first obtained.

13. Links to Other Sites

Links to the websites of other organizations may be found on our website. These third-party websites are not under our control, and their privacy policies are not our responsibility. The manner in which those companies handle your personal information is not covered by this privacy statement. We strongly advise you to read the privacy policies on the other websites you visit.

14. Security Measures to Protect Your Data

Security Measures

To avoid security breaches and unauthorized access to your data, we put security procedures in place. We keep reasonable and suitable security measures in place to guard against loss, theft, and unauthorized access, disclosure, modification, and destruction of Customer Data. These measures include restricted access controls (including through the ACL module), monitoring for threats and vulnerabilities, data masking, firewalls, etc.

Protection of Personal Information

Under all relevant laws, our sites and services make commercially reasonable steps to maintain security measures for the protection of your personal information. NetElixir complies with all appropriate restrictions to prevent the unauthorized access, use, alteration, or destruction of potentially personally-identifying and personally-identifying information.

15. Your Choices

1. Account Settings

You may update your profile, account, and any related Personal Data at any time to ensure that Personal Data is up to date or to delete inaccuracies.

2. Devices and Browsers

Some of NetElixir's platforms, Sites, and Services use your device's location information. If using NetElixir's Platform from a mobile phone or other mobile devices, this information may include your real-time location. You may adjust your device's settings at any time to control the sharing of your device's location with NetElixir.

3. Communications from NetElixir

NetElixir may use your information to communicate via email, including sending you transactional or marketing emails. NetElixir provides options for you to opt out of marketing communications. You may request that NetElixir stop sending you marketing emails by following the instructions at the bottom of NetElixir's marketing emails.

4. Connected Accounts

You may disconnect a Connected Account at any time through the applicable Product or the third-party platform's own settings. Disconnecting a Connected Account will stop new data from that account from being collected, but does not automatically delete data already stored in the DataLake; you may request deletion as described in Section 9.

16. Other Requests

Any other concern or request not expressed in this Policy may be addressed individually using the information provided in the Contact Us section.

17. Contact Us

If you believe your Personal Data has been used in a way that is inconsistent with this Policy or your preferences, please direct questions or comments to NetElixir using the information below:

Annexure: California Consumer Privacy Act (CPRA)

This CPRA Privacy Policy describes NetElixir practices regarding the collection, use, and disclosure of the personal information of California residents. This CPRA Privacy Policy only applies to the personal information of California residents.

CPRA Categories of Personal Data

No Sale of Personal Data

NetElixir has not sold Personal Data in the preceding twelve (12) months.

Your CPRA Rights

1. Access to Specific Information

You have the right to request that NetElixir disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: the categories of personal information collected, the categories of sources, our business or commercial purpose, the categories of third parties we share with, the specific pieces of personal information collected, and information about any sales or disclosures for a business purpose.

2. Deletion Request Rights

You have the right to request NetElixir delete any of your personal information that we collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary to: complete the transaction, detect security incidents, exercise free speech, comply with the California Electronic Communications Privacy Act, engage in scientific research, enable internal uses, comply with a legal obligation, or make other internal and lawful uses.

3. Right to Correct Inaccurate Personal Information

You have a right to request correction of inaccurate personal information. We shall use commercially reasonable efforts to correct the inaccurate personal information as directed by the consumer.

4. Right to Know What Personal Information is Sold or Shared and to Whom

You have a right to request information about what personal information is sold or shared by us and with whom. Upon request, we shall disclose the categories of consumers' personal information sold or shared, and the categories disclosed for a business purpose.

5. Right to Opt Out of Sale or Sharing

You have a right to opt out of the sale or sharing of personal information if we sell or share such personal information. We shall prohibit selling or sharing the consumer's personal information after receipt of the consumer's direction unless the consumer subsequently provides consent.

6. Right to Limit Use of Sensitive Personal Information

You have a right to request us to limit the use and disclosure of sensitive personal information. Upon such request, we shall prohibit from using or disclosing the consumer's sensitive personal information for any other purpose after receiving the consumer's direction unless the consumer subsequently provides consent.

7. Non-Discrimination

We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not: deny your goods or services; charge you different prices or rates; provide you with a different level or quality of goods or services; or suggest that you may receive different prices or quality of goods or services.

8. Making a Verifiable Consumer Request

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request for your minor child. You may only make a verifiable consumer request for access or data portability twice within 12 months. The verifiable consumer request must:

• Provide Sufficient InformationProvide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative.
• Describe Your RequestDescribe your request with sufficient detail that allows us to understand, evaluate, and respond to it properly.

9. Verification

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.

10. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

California's "Shine the Light" Law

Under California Civil Code Section 1798.83, California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, information about certain personal information we shared with other businesses for their own direct marketing uses in the previous calendar year. Please contact us at info@netelixir.com or the mailing address noted below to request a copy.

Contact for More Information

If you have any questions or concerns about NetElixir's privacy policy and practices, please contact us by email at info@netelixir.com, or by mail at: NetElixir, Inc. 500 College Road East, Suite #410, Princeton, NJ 08540.

Privacy Policy Change

We will review and update this CPRA Privacy Policy periodically and will note the date of its most recent revision at the top of this CPRA Privacy Policy. If we make material changes to this Policy, we will post the revised Policy on our website and may take additional measures to inform you about such changes prior to such changes taking effect, if required by applicable data protection laws.