Privacy Policy

Calaxy, Inc. (“Calaxy” or “we”, “us” or “our”) is committed to privacy and will only use your Personal Information in accordance with the terms of this Privacy Policy(“Policy”). This Policy describes how we collect, use, protect and disclosePersonal Information received from your use our websites and the features, functionalities, applications, browser extensions and other services available through our websites (collectively, the “Sites”).You can access the Sites in many ways, including from a computer or mobile device, and thisPolicy will apply regardless of how you access the Sites. To the extent we provide you notice through the Sites of different or additional privacy policies or practices (e.g., at the point of collection), those additional terms will apply in addition to this Policy unless we tell you otherwise.

Please read this policy carefully. If you do not want us to collect, use or disclosure yourPersonal Information in the ways described in this Policy, please do not use the Sites or otherwise provide us with your Personal Information or authorize a third party to make your Personal Information available to us. By using theSites or otherwise providing us with your Personal Information, or other wise making your Personal Information available to us, you consent to the collection and use of your Personal Information as described in this Policy. Please note, as described in this Policy, we may receive your Personal Information from third parties that have not expressly advised you that they will disclose yourPersonal Information to us. If you have any questions about how we collect, use, protect, disclose or otherwise process Personal Information, including whether we have received your Personal Information from a third party, please contact us at the email address or mailing address provided at the end of this policy.

1. PERSONAL INFORMATION WE COLLECT

Our primary goals in collecting Personal Information through ourSites are to provide and improve our Sites, to communicate with you and to enable visitors to our Sites to enjoy and easily navigate them. This section describes what Personal Information we collect and the different ways we collect it. When we refer to “Personal Information” in this Policy, we mean information that identifies, relates to, describes or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a particular individual. Please note, as used in this Policy, “PersonalInformation” does not include publicly available information from government records or information that has been deidentified or aggregated in a way that it cannot be used to identify a specific individual.

1.1 Categories of Personal Information We Collect.

While we are preparing to launch Calaxy, generally our Sites will only collect your email address when you sign up for the waiting list. However, we may also collect other types of Personal Information based on how you interact with us and third parties that provide us with information. This additional information could include:

1. Your name;
2. E-mail address;
3. Mailing address;
4. Telephone number;
5. IP address;
6. Home address;
7. Work address;
8. Online identifiers you use, such as your username, social media handles and other similar types of identifiers; and
9. Other information you or third parties provide us.

1.2 How We Collect Personal Information

1. Personal Information We Collect from You. In order to use some of the features on our Sites, such as signing up for the waiting list, or interacting with us, such as requesting more information about Calaxy, you may be required to provide certain Personal Information directly to us. The Personal Information we may collect includes your first and last name, email address,phone number, and geographic location.
2. Personal Information We Collect from Third Parties. We may obtain Personal Information about you from third parties through or in connection with your use of our Sites. These third parties may include our business partners, influencers, social media sites, ad networks, analytics providers and other third parties that you authorize to share your Personal Information with us or otherwise in form you that they will share your Personal Information with third parties, which may include us. We may also collect Personal Information about you from others that refer you to us.
3. Personal Information We May Automatically Collect. When you use portions of ourSites some information is automatically collected. For example, when you visit our sites, your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language and the websites you visited before visiting our Sites are logged automatically (“Usage Information”). We also collect information about your usage and activity on our Sites.
   
   ·     Our Sites automatically collect information through “cookies”. Cookies are small data files stored on your hard drive by a website or mobile application that can help us, among other things, improve our Sites and your experience. Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit https://www.allaboutcookies.org/.
   
   ·     We collect information using web beacons, clear gifs, pixel tags or other similar technologies. These technologies are electronic images that may be used on our Sites or in emails we send to help us deliver cookies, count visits, understand usage and observe data on email delivery, open rates, click rates, bounces, unsubscribes and other information.
   
   ·     Please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.
4. Personal Information Collected by Third Parties.·     If we provide links to other websites on our Sites, those links are not an endorsement, authorization or representation of our affiliation with that third party and we are not responsible for the content, privacy and security policies and practice for any websites other than our own Sites. We encourage you to read the privacy policies or statements of the other websites you visit.
   
   ·     We also use third party tracking solutions on our Sites such as those outlined below:
   
   ¨Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which provides insights into how websites are used. Google Analytics places cookies on your computer or mobile device that generate information we select about your use of the Sites, including your computer’s or mobile device’s IP address. That information will be transmitted to and stored by Google. The information is used to evaluate use of the Sites, compiling reports on activity on our Sites for our use, and providing other services relating to activity on, and usage of, our Sites.Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. If we use Google Analytics on our Sites, you can refuse to send information through Google Analytics by selecting the appropriate settings on your browser. You also have the option to opt-out of Google Analytics directly with Google by using the tools available at https://tools.google.com/dlpage/gaoptout?hl+en=GB. Please note that if you refuse to send information through Google Analytics or opt out of Google Analytics, you may not be able to use the full functionality of our Sites. Google’s operation of Google Analytics is covered by Google’s Privacy Policy, available at: https://policies.google.com/privacy.¨
   
   Google Tag Manager (“GTM”) is a tag management system that allows JavaScript and HTML tags to be quickly deployed and updated on portions of websites for tracking and analytics. We may use GTM on our Sites to include Google Analytics. If you have opted out ofGoogle Analytics, GTM takes this opt-out into account. For more information about GTM’s privacy practices, please refer to https://policies.google.com/privacy/and the terms of use at https://www.google.com/analytics/tag-manager/use-policy.

2. HOW WE USE THE PERSONAL INFORMATION WE COLLECT

We use the Personal Information we collect to maintain our waiting list and other various purposes related to operating and improving our Sites and business operations.This section describes the primary purposes for which we use the PersonalInformation we collect.

2.1 Marketing Purposes

We may, now or in the future, use the Personal Information we collect for our own marketing purposes, including notifying you of special promotions, opportunities, offers and events via push notifications, e-mail and other means, all subject to our compliance with applicable laws. We may also link Personal Information with non-personal information (including information automatically collected as described in thisPolicy) and use such linked information for our own marketing purposes. If you do not want us to use your Personal Information for marketing purposes, you may opt-out in accordance with the “Managing Your Personal Information” section below.

2.2 Non-Marketing Purposes

We may use the Personal Information we collect for non-marketing purposes, including: (1) validating your identity;(2) sending you emails to provide you with alerts and updates about the status of your waitlist request; (3) conducting statistical or demographic analysis;(4) complying with legal and regulatory requirements; (5) customizing your experience with our Sites; (6) protecting and defending Calaxy against legal actions or claims; (7) preventing fraud; (8) satisfying contractual obligations;(9) cooperating with law enforcement or other governmental agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Information is necessary or appropriate to protect the public interest; and (10) for other business purposes permitted under applicable law.

2.3 Other Purposes Purposes

We may also use information in the aggregate to conduct research studies and for other purposes. We will not collect additional categories of Personal Information or use the Personal Information we collect in connection with our Sites for materially different, unrelated or incompatible purposes without providing you notice.

3. WHO WE SHARE PERSONAL INFORMATION WITH

For business purposes, we may share certain Personal Information we collect in connection with our Sites from and about you, and about your relationship with us, with certain third parties. Doing so allows us to operate our Sites and conduct our business operations. This section describes the categories of third parties we may share your Personal Information with and the purposes for that sharing.

3.1 Categories of Third Parties to Whom we Disclose Personal Information.

1. Third Party Service Providers.Your Personal Information may be shared with or collected by third party service providers who provide us with services, including, but not limited to, marketing, data hosting or processing.We require these third party service providers to exercise reasonable care to protect your Personal Information and restrict their use of your Personal Information to the purposes for which it was provided to them.
2. Sale of our Business; Bankruptcy. In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us. We reserve the right, in connection with these types of transactions, to transfer or assign your Personal Information and other information we have collected from our customers to third parties or to authorize such third parties to use any such information retained by us. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Policy. However, any Personal Information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
3. Compliance with Laws and Law Enforcement. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against legal claims, for legal process (including subpoenas), to protect the our property and rights or those of a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of our Operations and any equipment used to make the Sites available, or to comply with applicable law.
4. As Directed by You. Upon your consent and/or pursuant to your instructions, we will share your Personal Information with others.
5. Anonymous Information. We may provide anonymized information to third parties. Any anonymized information we provide to third parties is not considered PersonalInformation and is not subject to the terms of this Policy.

4. MANAGING YOUR PERSONAL INFORMATION

We offer you several choices with respect to how we use your Personal Information. This section describes the mechanisms available to you to control the PersonalInformation we use about you in connection with our Sites.

4.1 Updating Your Personal Information.

If you want to update any Personal Information you have provided us, you can send us a request to update your Personal Information at support@calaxy.com.

4.2 Communications Opt-Out.

1. From time to time (and with your consent when required), you may receive periodic mailings or emails from us with news or other information about our Sites and other efforts. If at anytime you wish to stop receiving mailings or emails from us, please send us an email to support@calaxy.com with the phrase “Privacy Opt Out: Calaxy Mailings”in the subject line, or write to us at the address provided below, and we will remove you from our mailing list.
2. Alternatively, for email communications, you may opt-out of receiving such communications by following the unsubscribe instructions set forth in most email messages from us. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional emails from us. Please note, opting out of email communications will only apply to marketing and other promotional emails and will not apply to any email or other communication sent for non-marketing purposes, including, but not limited to, emails and other communications about your use of the Sites.

5. SECURITY OF YOUR PERSONAL INFORMATION

We are committed to protecting the security of your Personal Information. We maintain commercially reasonable safeguards to maintain the security and privacy ofPersonal Information that we collect and use in connection with our Sites.Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without our knowledge or consent, collected illegally and/or used by third parties that are not affiliated with and/or controlled by us without your consent. We cannot guarantee the security of any information you disclose online, and you do so at your own risk.

6. CHILDREN'S PRIVACY

We do not knowingly collect or allow the collection of Personal Information via the Sites from persons under the age of 13. If we learn that we have collected thePersonal Information of someone under the age of 13, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Information to us, you may contact us at support@calaxy.com and ask us to remove your child’s personal information from our systems.

7. INTERNATIONAL TRANSFERS

Personal Information collected through or in connection with your use of our Sites maybe stored and processed in any country in which we or our suppliers, service providers or agents maintain facilities. By using the Sites, or other wise engaging with us, you expressly consent to any transfer of Personal Information outside of your country (including to third countries that may not have been assessed as having adequate privacy laws). Nevertheless, we take steps to ensure that our suppliers, service providers and agents comply with our standards of privacy regardless of their location.

8. EU AND SWITZERLAND PRIVACY RIGHTS

If you are located in the EU or Switzerland, you have certain rights with respect to your Personal Information. Following is a summary of those rights and additional information applicable to our collection and use of your Personal Information.

8.1 Data Controller

When you provide us with your Personal Information through or in connection with your use of our Sites, we serve as a data controller. When we act as a data controller we determine how your Personal Information will be used, in accordance with this Policy.

8.2 Legal Basis for Processing Personal Information

If you are located in the EU or Switzerland, we rely on several legal bases to process your Personal Information. These legal bases include where:

·   The processing is necessary to perform our contractual obligations with you;
·   You have given your prior consent, which you may withdraw at any time (such as for marketing purposes or other purposes we obtain your consent for from time to time);
·   The processing is necessary to comply with a legal obligation, a court order or to exercise or defend legal claims; and
·   The processing is necessary for the purposes of our legitimate interests, such as in improving, personalizing and developing our Sites, marketing new features or products that may be of interest to you and promoting safety and security as described above.

If you have any questions about or would like further information concerning the legal bases on which we collect and use your Personal Information, please contact us by emailing support@calaxy.com.
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8.3 Rights Under the EUGeneral Data Protection Regulation (GDPR) and the Swiss Federal Act on DataProtection (FADP)

If you are located in the EU or Switzerland, you have the following rights in respect of your Personal Information that we hold:

·     Right of access. The right to obtain access to your Personal Information.
·     Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete.
·     Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the PersonalInformation is no longer necessary in relation to the purposes for which it was collected or processed.
·     Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information.
·     Right to portability. The right to portability allows you to move, copy or transferPersonal Information easily from one organization to another.
·     Right to object. You have a right to object to processing based on legitimate interests and direct marketing.

If you wish to exercise one of these rights, please email us at support@calaxy.com.You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

8.4  Retention of PersonalInformation

We reserve the right to retain any Personal Information collected from individuals located in the EU or Switzerland as long as it is needed to: (1) fulfill the purposes for which we collected the Personal Information; and (2) comply with applicable law.

8.5  Transfers of Personal Information

If you are located in the EU or Switzerland, the Personal Information we collect maybe stored and processed in any country in which we or our affiliates, suppliers, third party electronic payment processors and/or financial institutions or agents maintain facilities, including, but not limited to, the United States of America. YOU CONSENT TO ANY AND ALL PERSONAL INFORMATION YOU PROVIDE AND SUBMIT VIA THE SITES BEING SENT TO THE UNITED STATES OF AMERICA. The United States of America has not sought nor received a finding of “adequacy” from the EU or Switzerland. We rely on derogations for specific situations as set forth in the GDPR and FADP to transfer data to the UnitedStates and other countries. YOU ARE ALSO INFORMED THAT THE UNITED STATES OF AMERICA PRESENTLY DOES NOT HAVE AN ADEQUATE LEVEL OF PERSONAL DATA PROTECTION AS DETERMINED BY THE EU AND SWISS AUTHORITIES AND HAS NOT RECEIVED A SIMILAR DESIGNATION OF ADEQUACY BY ANY OTHER FOREIGN DATA PROTECTION AUTHORITY. YOU AGREE TO THE TRANSFER OF YOUR DATA AND PERSONAL INFORMATION TO THE UNITED STATES OF AMERICA AND THE USE OF SUCH DATA AND PERSONAL INFORMATION DESCRIBED IN THIS POLICY.

8.6  Obligations to Data Protection Authorities (DPAs)

We will respond diligently and appropriately to requests from DPAs about this Policy or our compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers ofPersonal Information, we will (1) cooperate with inquiries from the DPA responsible for the entity exporting the data and (2) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.

9. CALIFORNIA PRIVACY RIGHTS

UnderCalifornia’s Shine the Light Law, you have the right, once per calendar year, to request information from us regarding the manner in which we share certain categories of Personal Information with third parties for their direct marketing purposes, in addition to the other rights described in this Policy.Under California’s Shine the Light Law, you have the right to send us a request at the designated email address provided below to receive the following information:

1. the categories of Personal Information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
2. the names and addresses of the third parties that received the information; and
3. if the nature of the third party’s business cannot be determined from their name, examples of the products or services they market.

This information may be provided in a standardized form that is not specific to you. The designated email address for these requests is support@calaxy.com.

10. UPDATES TO THIS POLICY

You agree that your use of the Sites and otherwise providing us with Personal Information in connection with our Sites or otherwise constitutes your agreement with thisPolicy. We reserve the right to change this Policy at any time. If we decide to change this Policy, we will post those changes on this page so that you are always aware of what Personal Information we collect, how we use it and under what circumstances we disclose it. As we may make changes to this Policy from time to time, with or without notifying you, we suggest that you periodically consult this Policy for any changes. Your continued use of the Sites or other engagement with us after the effective date of any modification to this Policy will be deemed to be your agreement to the changed terms.

11. UPDATES TO THIS POLICY

We welcome your questions, comments and concerns about privacy. Please email us at support@calaxy.com with your feedback pertaining to privacy. You may also write to us at:‍

Calaxy, Inc.
1846 Snake River Road
Suite B
Katy, TX
77449