Privacy Policy

1. Introduction.

Welcome to PHYGITAL FX! This Privacy Policy describes how Physical Digital Global FX, LLC and our parents, subsidiaries, and affiliates (collectively, “PHYGITAL FX”, “we,” “our,” or “us”) collects, uses, and discloses information about you as well as your rights and choices regarding such information. For purposes of this Privacy Policy, unless otherwise stated, “information” or “personal information” means information relating to an identified or identifiable individual, and does not include aggregated information or information that does not capable of identifying you.

This Privacy Policy applies to information we collect where we control the purposes and means of processing. Specifically, it applies to information we collect through any of our website or any other online services that link to this Privacy Policy (the “Service”). It does not apply to information collected by third parties or information collected in the context of your employment with us.

Please note that your use of the Service is also subject to our . If you do not agree and consent, discontinue your use of the Service.

Some regions provide additional rights by law. For region-specific terms, see below.

For our contact details, see the Contact Us section below.

2. How We Collect Information.

We collect information about you in a variety of contexts. Please see below for details.

 

Information You Provide through the Service.

When you access or use the Service, you may be asked to provide information to us, such as when you register an account, update your profile, access our content, make a purchase, sign-up for our newsletters, or contact support. The categories of information we collect include:

  • Contact Identifiers, including your name, email address, postal address, and phone number.
  • Characteristics or demographics, including your age, gender, and country.
  • Commercial or transactions information, including records of products or services you purchased, obtained, or considered.
  • Account credentials, including your username, password, password hints, and other information for authentication or account access.
  • Payment information, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments. This information is processed by our payment processors.

Please do not provide any information to us that we do not request.

 

Information from Your Browser or Device.

When you use the Service, we and third parties we work with may automatically collect certain information from your browser or device. The categories of information we automatically collect include:

  • Device identifiers, including your device’s IP address.
  • Device information, including your device’s operating software and browser (e.g., type, version, and configuration), internet service provider, and regional and language settings.
  • Internet activity, including information about your browsing history and interactions, such as the features you use, pages you visit, content you view, time of day you browse, and referring and exiting pages.
  • Non-precise location data, such as location derived from an IP address or data that indicates a city or postal code level.

This information is automatically collected through cookies and other tracking technologies incorporated into our Service, as described below:

  • Cookies. Cookies are small text files which are placed on your browser when you visit a website, open or click on an email, or interact with an advertisement. Our Service uses session cookies (which expire when you close your browser) and persistent cookies (which expire at a set expiration date or when you manually delete them). We incorporate both first party cookies (which are cookies served directly by us) and third party cookies (which are cookies served by third parties we work with). We use cookies for a variety of purposes, including to help make our website work, personalize your browsing experience, prevent fraud and assist with security, and perform measurement and analytics.
  • Pixels. Pixels (also known as web beacons) are code embedded within a service. There are various types of pixels, including image pixels (which are one-pixel transparent images) and JavaScript pixels (which contain JavaScript code). Pixels are often associated with cookies and are used for similar purposes. When you access a service that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser, or collect other information about your browser or device.
  • Device fingerprinting. Device fingerprinting is the process of analyzing and combining sets of data elements from your device’s browser, such as JavaScript objects and installed fonts, to create a “fingerprint” and uniquely identify your browser and device. We use information collected through device fingerprinting for purposes similar to cookies and pixels.

For details on your rights and choices around cookies and other tracking technologies, see the section entitled Your Rights and Choices below.

 

Information from Our Business Relationships.

Through our business relationships with you, we collect information about you such as your contact identifiers. This information is not subject to this privacy policy except as required by applicable law.

 

Information from Other Sources.

We also collect information from other sources. The categories of sources from which we collect information include:

  • Business partners that offer co-branded services, sell or distribute our products, or engage in joint marketing or promotional activities.
  • Third party vendors and related parties we work with in connection with receiving analytics, advertising, security, and fraud prevention services.
  • Social media platforms with which you interact. For example, when you “like,” “follow”, or otherwise engage with our content on social media (such as through our brand page or direct message), we may collect information such as your contact identifiers and any comments you provide. If you publicly reference our Service on social media (such as by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Service. If you choose to log-in to the Service using your social media credentials (to the extent any such functionality is supported by the Service), such as through Google or Facebook log-in, we may receive additional information from that social media platform that you have authorized to disclose to us.
  • Public sources, including where information is in the public domain.

 

Information We Infer.

We infer new information from other information we collect, including to generate information about your likely preferences or other characteristics.

 

Sensitive Information.

To the extent any of categories of information we collect are sensitive categories of information under applicable law, we process such information only for the limited purposes permitted by applicable law. We do not sell or use sensitive categories of information for purposes of targeted advertising or to make inferences.

3. How We Use Information.

We collect and use information in accordance with the practices described in this Privacy Policy. Our purposes for collecting and using information include:

  • Providing services. We use information to provide services to you, including to operate the Service, establish and maintain your account, and provide support.
  • Personalizing your experience. We use information to personalize your experience and show you content we believe you will find interesting.
  • Research and development. We use information for research and development purposes, including to improve our services and make business and marketing decisions.
  • Communications. We use information to communicate with you about updates, security alerts, changes to policies, and other transactional messages. We also use information to personalize and deliver marketing communications to you. Communications may be by email.
  • Analytics. We use information to understand trends, usage, and activities, for example through surveys you respond to and tracking technologies that we incorporate into the Service (such as Google Analytics).
  • Security and enforcement. We use information to prevent, detect, investigate, and address fraud, breach of policies or terms, or threats or harm.
  • Recruitment. We use information to make decisions about recruiting and in anticipation of a contract of employment.
  • At your direction or with your consent. We use information for additional purposes where you direct us to use it in a certain way or with notice to you and your consent.

Sometimes we aggregate or de-identify information so it is no longer considered personal information. We may use non-personal information for any purpose to the extent permitted by applicable law. For details on your rights and choices around use of your information, see the Your Rights and Choices section below.

4. How We Disclose Information.

We disclose the information we collect in accordance with the practices described in this Privacy Policy. The categories of persons to whom we disclose information include:

  • Business partners. We disclose information to our business partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing or promotional activities.
  • We disclose information to our affiliates and related entities, including where they act as our service providers subject to this Privacy Policy or use the information in accordance with their own privacy policies.
  • The public. We disclose information you make public, such as information in your profile or that you post on public boards. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to any rights you have under applicable law.
  • Recipients in a merger or acquisition. We disclose information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
  • Recipients for security and enforcement. We disclose information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also disclose information to protect the rights, property, life, health, security and safety of us, the Service or anyone else.
  • Recipients at your direction or with your consent. We disclose information where you direct us to or with notice to you and your consent.

Sometimes we aggregate or de-identify information so it is no longer considered personal information. We may disclose non-personal information for any purpose to the extent permitted by applicable law. For details on your rights and choices around disclosure of your information, see the Your Rights and Choices section below.

5. Third Parties.

We may link to or offer parts of our Service through websites and services controlled by third parties. In addition, we may integrate technologies, including those disclosed in the How We Collect Information section above, controlled by third parties. Except where third parties act as our service providers, they, and not us, control the purposes and means of processing any information they collect from you, and you should contact them directly to address any concerns you have about their processing. Third party data practices are subject to their own policies and disclosures, including what information they collect, your rights and choices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

6. Your Rights and Choices.

We provide a variety of ways for you to control the information we process about you. Please see below for details.

 

Communications.

  • You can unsubscribe from receiving promotional emails by following the unsubscribe instructions near the bottom of such emails, or by emailing us at as set out in the Contact Us section below with the word “UNSUBSCRIBE” in the subject field of the email. Please note that you cannot opt out of transactional messages.

Please note that your opt out is limited to the email address, phone number, or device used and will not affect subsequent subscriptions.

 

Accounts.

If you hold an account with us, you can delete your account through your account settings. We will address your request in accordance with our data retention practices.

 

Data subject requests.

Where applicable, in your region you may have specific rights under applicable law with respect to your information. See your region-specific terms for details.

 

Browser and device controls.

  • Cookies and Pixels. You may be able to manage cookies through your browser settings. When you manage cookies, pixels associated with such cookies may also be impacted. Please note that cookie management only applies to our website. If you use multiple browsers, you will need to instruct each browser separately. If you delete or reset your cookies, you will need to reconfigure your settings. Your ability to limit cookies is subject to your browser settings and limitations.
  • App Technologies. For some platforms (like Apple iOS), we will only receive access to your device’s Ad Id if you provide consent. You can reset your device’s Ad ID through your device settings, which is designed to limit how the prior Ad ID can be used. You can also stop all collection of information via an app by uninstalling the app.
  • Preference signals. Your browser or extension may allow you to automatically transmit Do Not Track and other preference and we do not respond to such signals except where required by law. To the extent you have specific rights in your region with respect to certain preference signals, such as Global Privacy Control, please see your region-specific terms for details.
  • Third party opt-out tools. Some third parties we work with offer their own opt-out tools related to information collected through cookies and pixels. To opt out of your information being used by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. We are not responsible for the effectiveness of any third party opt-out tools.

 

Linked accounts.

If you have linked your PHYGITAL FX account with certain third party services, you may unlink your accounts at any time by visiting your PHYGITAL FX account settings. Please note that unlinking your accounts will not affect any information previously disclosed through the linking. We are not responsible for the data practices of any third parties, and we recommend that you carefully review their privacy policies and terms of use.

7. Children.

The Service is not directed toward children under 13 years old, and we do not knowingly collect personal information (as that term is defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information from children, please contact us as set out in the Contact Us section below. We will delete the personal information in accordance with COPPA.

8. Data Security.

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

9. Retention.

We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

10. International Transfer.

We are based in the U.S. If you are located outside the U.S., please be aware that your information may be transferred to and processed in the U.S. or another country where we operate. Where required by applicable law, we will provide appropriate safeguards for data transfers, such as through use of standard contractual clauses. Please see the section entitled European Economic Area, Switzerland, and United Kingdom below for more information.

11. Changes to this Privacy Policy.

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide additional notice to you, such as through email or prominent notice on the Service.

12. Contact Us.

If you have any questions about or trouble accessing this Privacy Policy, please contact us at:

By email: legal@phygital.com

By mail: 28 Wells Avenue, GR FL – Yonkers, NY 10701

13. California.

Shine the Light. 

Under California’s Shine the Light law, customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in the Contact Us section above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

14. European Economic Area, Switzerland, and United Kingdom

We are based in the U.S. and the information it collects is governed by U.S. law. If you are accessing the Service from outside the U.S., please be aware that information collected through the Service may be transferred across borders, and from your country or jurisdiction to other countries or jurisdictions around the world, including the U.S. data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence.

By using the Service, you are expressly consenting to the transfer to and from, processing, usage, sharing, and storage of your information, including personal data, in the U.S. as well as other jurisdictions where we conduct business or provide services. If your data is collected in the United Kingdom, the European Economic Area or Switzerland (collectively, “Europe”), we will transfer your personal data subject to appropriate safeguards, such as Standard Contractual Clauses.

In addition, these below disclosures and rights apply only to individuals located in Europe. Terms have the meaning ascribed to them in the General Data Protection Regulation (“GDPR”).

 

Roles.

Company acts as a controller with respect to personal data collected as you interact with our Service. In some instances, Company acts a processor on behalf of a client, which is the controller. Any questions that you have relating to the processing of personal data by Company as a processor should be directed to the relevant client.

 

Lawful Basis for Processing.

Data protection laws in Europe require a “lawful basis” for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers, partners, or clients; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Where applicable, we will transfer your personal data to third countries subject to appropriate or suitable safeguards, such as standard contractual clauses.

 

Your Rights.

You have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, please email us at legal@phygital.com and specify which right you are seeking to exercise along with your region. We will respond to your request within 30 days. We may require specific information from you to help us confirm your identity and process your request. For details on your rights regarding personal data we process on behalf of our clients (where applicable), see the Your Rights and Choices section above. For details on our retention practices for personal data, see the Retention section above.

You  also have the right to lodge a complaint with the data protection regulator in your jurisdiction.