Privacy Policy

Privacy Policy

Last revised: November 26, 2020

onXmaps, Inc. (“onXmaps,” “our,” “we” or “us“) understands your privacy is important. This Privacy Policy (“Policy”) describes how we collect, use, store, process and share your information in relation to your access and use of the Service (including the Site, Mobile Apps, Standalone Maps, and Products). By visiting, accessing or using the Service, you expressly consent to the collection, use, storage, transfer, processing and disclosure of your information, including Personal Information, as described in this Policy. IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT ACCESS OR USE ANY PART OF THE SERVICE, REGISTER FOR AN ACCOUNT OR MAKE A PURCHASE. All capitalized terms not defined in this Policy have the respective meanings set forth in the Terms of Use located at https://www.onxmaps.com/tou (“Terms of Use”).

This Privacy Policy complies with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Privacy Policy. We ask that you review our Terms of Use prior to using the Service. Provisions within the Terms of Use may affect this Privacy Policy with respect to your use of the Service.

PLEASE BE AWARE THAT ONXMAPS AND ALL ASSOCIATED SERVICES AND SYSTEMS ARE HOUSED ON SERVERS IN THE UNITED STATES. THE INFORMATION WE COLLECT (INCLUDING COOKIES) IS PROCESSED AND STORED IN THE UNITED STATES, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS OTHER COUNTRIES. BY USING THE SERVICES AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSING OF THE INFORMATION IN THE UNITED STATES. SEE SECTION 11 BELOW FOR FURTHER INFORMATION FOR NON-U.S. RESIDENTS.

PERSONAL INFORMATION
1. General. When you visit the Service without creating an account, you can browse without submitting any Personal Information about yourself. In general, we collect Personal Information that you submit to us voluntarily through your use of the Service. Information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household is “Personal Information.” For instance, you may be asked to provide Personal Information to us in order to participate in certain functionalities of the Service including accessing and using our Site and Mobile Apps. We also may collect your Personal Information when your payments are processed, when you access and interact with our social media accounts, and in order for us provide you with communications including SMS text messages. We collect Personal Information about you including identifiers, customer records, commercial information, usage data, and geolocation data, as described more fully below.

In particular, the Service has collected the following categories of Personal Information from users in the last twelve (12) months. We obtain these categories of Personal Information with the methods described in more detail below.

Category of Personal Information	Do we collect?	Do we disclose for Business Purposes?
A.	Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, e-mail address, account name, or other similar identifiers.	Yes	Yes
B.	Customer records such as other paper and electronic customer records containing Personal Information, such as name, signature, physical characteristics or description, address, telephone number.	Yes	Yes
C.	Characteristics of protected classifications under California or federal law such as characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, and disability.	No	N/A
D.	Commercial information such as records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.	Yes	Yes
E.	Biometric Information such as physiological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including facial recognition (subject to applicable laws and where relevant to the Service we provide to you).	No	N/A
F.	Usage data such as internet or other electronic network activity information, including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement.	Yes	Yes
G.	Geolocation data such as precise geographic location information about a particular individual or device.	Yes	Yes
H.	Audio, video, sensory and other electronic data: audio, electronic, visual, or similar information such as, video footage, photographs, and call recordings.	No	N/A
I.	Professional or employment-related information, such as current or past job history or performance evaluations.	No	N/A
J.	Non-public education information, such as education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No	N/A
K.	Profiles and Inferences such as inferences drawn from Personal Information to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.	No	N/A

Personal Information does not include:

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope including, without limitation:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We may also collect Personal Information from third parties, such as social media, payment processors, product vendors, and other partners. Our collection of this information allows us to provide you with the Service, establish, maintain and support your user account on the Service, and communicate with you in accordance with our Terms of Use.

Account; Login; Purchase. If you create an account, you will be asked to provide and we may collect certain information, including, but not limited to, your e-mail address and password selected by you. If you register for your account using social networking service credentials, we will collect your credentials in order to identify and log into the third party application or website and will retain your credentials to collect information from the social networking service. For example, if you sign in with your Facebook or Google account, we may collect information from your profile. If you make a purchase, you will be asked to provide certain information, including, but not limited to, first and last name, e-mail address, billing address, shipping address, phone number and credit card information. See “Payment Information; Third Party Payment Processor” below for more information on the handling of payments.
Payment Information; Third Party Payment Processor. We use a third party payment processor (currently Stripe) to assist in securely processing your personally identifiable payment information. The credit card information that you provide is encrypted and transmitted directly to Stripe. We do not store your credit card information and do not control and are not responsible for Stripe or its collection or use of your information. You may find out more about how Stripe stores and uses your credit card information by accessing Stripe’s privacy policy.
Request Product and Other Information. You may provide your e-mail address and other contact information to us in order to request product information or other information related to onXmaps products and services even if you do not sign up for an account or make a purchase.
Communications. In order to receive certain communications from us, you may be required to submit certain Personal Information to us, including, but not limited to, your name, e-mail address, phone number and other contact information. We collect this Personal Information for the purpose of communicating with you including via SMS text messaging. We provide SMS communication services using Braze. For further information regarding Braze’s collection and use of your Personal Information, please visit Braze’s privacy policy.
Location Data. Certain features available in the Service provide us with your location information, including GPS coordinates in real time or through browser geolocation APIs (“GPS Location“). Your GPS Location may allow us to locate you with a high degree of precision. We use this GPS Location information in order to provide the Service. If the Service is unable to acquire your GPS Location, certain features of the Service may not be available to you. We may also collect and use GPS Location information to offer you products or services, to protect, enhance or update the Service and as described in Section 2 below.
Automatically Collected Information. Similar to other websites and online services, we may collect some information automatically and store it in log files. We may use Google Analytics or other third party analytics providers to collect this information about the Service. This collection may include, but is not limited to: your IP address, browser type and language, device type, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages and the date and time of each request you make. We collect this non-identifying information in order to better understand our users, to more efficiently operate our business, to promote our products and services and to improve the quality of the Service. We may automatically collect information using various tracking technologies, such as cookies and web beacons.
Cookies. A cookie is a small text file that is stored on a computer or smartphone for record-keeping purposes. Our third party analytics providers use cookies to record information about your activities while using the Service and to “remember” you when you return to the Service. Some cookies remain on your computer or device until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser or device setting to attempt to reject cookies and you may still use the Service, however, certain features of the Service may not be available if your browser or device does not accept cookies. See the Section titled “Do Not Track Settings” below for more information on how the Service may respond to your browser or device settings. We do not control the use of cookies by third parties. See also “Third Party Analytics Providers” below.
Web Beacons. Web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) are tiny graphics with a unique identifier that are used to track the online movements of web or mobile app users. Unlike cookies, which are stored on a computer’s hard drive or your smartphone, web beacons are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on, for example, web pages or in HTML-based e-mails. Our third party analytics providers may place web beacons on the Site that track what other websites you visit (both before and after visiting the Site) or on the Application for gathering related Application statistics (for example, recording the popularity of certain Application content and verifying system and server integrity). Our third party analytics providers use information obtained from web beacons to help us improve our business and the Service. We do not control the use of web beacons by third parties.
Google Analytics. Google Analytics uses cookies and web beacons in order to collect demographic and interest-level information and usage information from users that access and use the Service, including, but not limited, to information about the pages where users enter and exit the Service and what pages users view on the Service, time spent, browser, operating system, device information, and IP address. Cookies and web beacons allow Google to recognize a user when a user visits or accesses the Service. Google uses the information it collects from the Service and other websites or services to share with us and other website operators information about users including, but not limited to, age range, gender, geographic regions, general interests and details about devices used to visit websites and purchase items. We take reasonable measures to prevent linking information we receive from Google with any of your Personal Information. For more information regarding Google’s use of cookies and collection and use of information see the Google Privacy Policy. To opt out of Google Analytics, please visit the Google Analytics Opt-Out Page to learn about opting out and installing the appropriate browser add-on.
Third Party Analytics Providers. We use third parties to help us operate and improve the Service. In doing so, we may share with these third parties non-personally identifiable information about users’ use of the Service. These third-party providers also use tracking technologies to collect information about you and your device. We do not control information collected by third parties and are not responsible for their use of that information.
“Do Not Track” Settings. Because we track Service usage information through the use of cookies, web beacons and other tracking mechanisms, your selection of the “Do Not Track” option provided by your browser or smartphone may not have any effect on our collection of information via tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser and smartphone to delete and disable cookies and other tracking/recording tools. However, getting a “Do Not Track” signal to work as you might want is difficult. Using browsers as an example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose, data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites.
INFORMATION USE
1. General. We will use your Personal Information to operate, manage, maintain, and administer your account and the Service; to fulfill your purchases; to provide you with customer service; to provide you with support or a more personalized experience; to communicate with you; to monitor and analyze Service usage; to market and improve the Service and develop and test new products, services, websites or applications; and to provide you information about products and services (including the products and services of third parties). We may also use Personal Information to resolve disputes; to detect and protect against errors, fraud, and illegal activity; to assist law enforcement; to enforce this Policy and our Terms of Use; or for any other purpose described in this Policy or described to you at the time of collection. We use aggregated and non-identifiable customer records and geolocation data for product analytics and marketing third parties to analyze our products and to improve our marketing efforts. We do not sell your Personal Information.
2. Communications. We may use your Personal Information to send you e-mails, notifications or other communications related to your use of the Service, your account, your purchases and to respond to your inquiries or requests. You may not opt out of Service-related e-mails which are not promotional in nature. We may also send you promotional e-mails to notify you about products or services that may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt-out link in any non-Service-related e-mail you receive. Even if you opt out, you will continue to receive Service-related communications from us.
3. Sharing with Other Users. Some of our services allow you to communicate and connect with other onXmaps users to share your markups, custom waypoints, and other content. It is your choice whether to communicate with or share this content with another onXmaps user. We will use your Personal Information to enable you to find and link to other onXmaps users. If you choose to share content or access shared content, other users will have access to information such as your first name, last name initial, and profile photo.
4. Use of Non-Personally Identifiable and Aggregate Information. We may use non-Personal Information and aggregate information for any lawful purpose, including, but not limited to, analyzing trends, managing and administering the Service, tracking users’ movements, to create new products or services or to improve our business and the Service. We may also share aggregate information with third parties to develop and deliver targeted advertising and to analyze and report on the advertising you see. In addition, we may share aggregate statistical information with our business partners. We may also combine your non-personally identifiable information and aggregate information with other non-personally identifiable information and aggregate information collected from other sources. We will take reasonable steps to ensure that aggregate information is never associated with you or your Personal Information.
5. Information Retention. We may retain your information indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud or abuse of the Service. We may dispose of any information in our discretion without notice, subject to applicable law. We do not undertake any retention obligations through this statement.
INFORMATION DISCLOSURE
1. Affiliated Entities and Service Providers. We may disclose your information, including Personal Information, to any affiliated entity or organization, business partner and to agents and service providers to help us operate the Service, improve our business or the Service and to provide services to us. These third parties may include customer service providers, business or sales service providers or providers that provide support for the Service.
2. Legal Requirements. In some cases, we may disclose your information, including Personal Information: (i) as required by any applicable law, rule or regulation; (ii) if we believe disclosure is needed to protect our rights, property or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena or legal process served on us or the Service; and (iv) to respond to a physical threat to you or another person.
3. Insolvency and Business Transitions. If we should ever file for bankruptcy or engage in a business transition such as a merger with another company, or if we purchase, sell or reorganize all or part of our business or assets, we may disclose your information, including, but not limited to, Personal Information, to prospective or actual purchasers in connection with one of these transactions.
4. Disclaimer. We cannot ensure that all of your Personal Information will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your Personal Information. No transmission of data over the internet can be 100% secure.
INFORMATION SECURITY MEASURES

We exercise care in facilitating the transmission of information between your device or computer and the third party servers that operate and store information for the Service. The Personal Information we collect is stored in operating environments that are not available to the public. Any payment transactions will be encrypted using SSL technology. While we have mechanisms in place to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

CHILDREN’S PRIVACY
1. The Service is not for or Directed Towards Children. The Service is not intended for anyone under the age of 18, and we do not intend to and will not knowingly collect any Personal Information from children under the age of 13. Children under the age of 13 are prohibited from using the Service. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. If you believe information from a child under the age of 13 has been provided to the Service, please notify us at: support@onxmaps.com.
2. California Minors. While the Service is not intended for anyone under the age of 18, if you are a California resident under age 18 and you believe your information has become publicly-available through the Service and you are unable to remove it, you may request removal by contacting us at: support@onxmaps.com. When requesting removal, you must be specific about the information you want removed and provide us with specific information, so that we can find it.
YOUR CALIFORNIA CONSUMER PRIVACY RIGHTS

You May Decline Other Requests. We use your Personal Information as needed for the purposes for which it was collected or where you have consented to our use of such information. If you do not wish to provide information to us or do not wish to consent to the uses described in this Privacy Policy, please do not use the Service, set up an account, or supply the requested information to us.
Right to Delete. You may have the right under the CCPA to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
Right to Access Specific Information and Data Portability Right. You may have the right under the CCPA to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of Personal Information that we have collected about you.
The categories of sources for the Personal Information that we have collected about you.
Our business or commercial purpose for collecting or making available that Personal Information.
The categories of third parties with whom we share that Personal Information.
The specific pieces of Personal Information that we have collected about you (also called a data portability request).
If we disclosed your Personal Information for a Business Purpose, the Business Purpose for which such Personal Information was disclosed, and the Personal Information categories that each category of recipient obtained.
If applicable, (1) the categories of your Personal Information that we have made available for valuable consideration; (2) the categories of third parties to whom such Personal Information was made available; and (3) the category or categories of Personal Information that we have made available to each category of third parties.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or vendor(s) to:

Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation or legal order.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Opt-Out. If you are 16 years of age or older, you may have the right under the CCPA to direct us not to make your Personal Information available for valuable consideration at any time (the “right to opt-out”). We do not make available the Personal Information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in may opt-out at any time.

You may only make such a request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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 the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will respond to verifiable requests received from California residents as required by law. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

CALIFORNIA SHINE THE LIGHT LAW

California Civil Code § 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed Personal Information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to support@onxmaps.com. In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the e-mail address or physical address from which you submitted your request. Please note that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing and the relevant details required by the Shine the Light law will be included in our response.

CALIFORNIA MINORS

While the Service is not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: support@onxmaps.com. When requesting removal, you must specify the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you do not follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of your information from the Service does not ensure complete or comprehensive removal of that information from our systems or the systems of our service providers. We are not required to delete information posted by you; our obligations under California law are satisfied so long as we anonymize the information or render it invisible to other users and the public.

CANADA RESIDENTS

The Service and our privacy practices are compliant with The Personal Information Protection and Electronic Documents Act (“PIPEDA”) fair information principles. In addition to the disclosures made above, we:

Have appointed a privacy officer to monitor our compliance with PIPEDA.
Only collect Personal Information for the uses described herein.
Only use and disclose Personal Information as described herein.
Take reasonable steps to verify the accuracy of the Personal Information that we collect.
Take appropriate safeguards to protect the Personal Information, as further described herein.

If you are a Canada resident, you have the right to request access to the existence, use and disclosure of your Personal Information. Additionally, you have the right to challenge the accuracy and completeness of the information and request to have it amended as appropriate. Finally, you have the right to challenge our compliance with the PIPEDA fair information principles by contacting our privacy officer. To exercise your rights under this Section, please send an e-mail to support@onxmaps.com or write us at the address listed in Section 14 below.

LINKED SITES

The Service or users of the Service may provide links to other websites or resources (“Linked Sites“). You acknowledge and agree that onXmaps does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through Linked Sites. Linked Sites are subject to different terms of use and privacy policies, which you should review.

NON-U.S. RESIDENTS

The Service is not intended for use outside the United States, or by non-U.S. residents. If you provide Personal Information to us, it may be transferred to and processed on computers in the United States and other countries, including countries outside the European Economic Area. Do not provide Personal Information to us if you do not want or consent to this information being transferred to the United States or to other countries, which may not have privacy (data protection) legislation or regulation comparable to the law of the country in which you reside. Your provision of Personal Information to us will be handled in accordance with this Policy. Your provision of Personal Information to us through the Service means that you agree to the terms of this Policy.

CHANGES TO THIS POLICY

We reserve the right to change this Policy at any time upon notice to you. We may give notice by making the updated Policy available in the Service or by any other reasonable means. You can access and review the most current version of this Policy at any time at onxmaps.com/privacy-policy. If you do not agree to the updated Policy, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of this Policy will constitute your acceptance of the updated Policy.

ACCESSING OR UPDATING YOUR INFORMATION

You may access or update your Personal Information by contacting us at: support@onxmaps.com. As noted in Section 6 above, we will act in a manner that complies with applicable law. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If your account is terminated for any reason, your information will no longer be accessible through your account or associated with your account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.

PRIVACY QUESTIONS

If you have any questions about this Policy, please contact us at: support@onxmaps.com.