SABX Privacy Notice

Last Updated: May 23, 2021

SABX Digital Xchange (“SABX,” “we,” “us,” and “our”) is a sophisticated, easy-to-use platform that enables sellers and their buyers to interact and transact with ease and efficiency in a digital environment. This Privacy Notice explains how we collect, use, disclose, and otherwise process Personal Information in connection with our services. When we use the term “Services,” we are referring to all the services we offer on your behalf, including, without limitation, our product and service offerings and the websites, mobile applications, and services that link to this Privacy Notice. Please read this information carefully.

Note that this Privacy Notice does not apply to any of the personal information that buyers and sellers may collect and process through their use of SABX’s Services (“Customer Data”). Our customers’ respective privacy policies govern their collection and use of Customer Data, and our processing of Customer Data is governed by the contracts that we have in place with our customers, not this Privacy Notice. Any questions or requests relating to Customer Data should be directed to the customer that processes your Customer Data.

 

1. What is Personal Information?

2. Our Collection of Personal Information

3. Our Use of Personal Information

4. Our Disclosure of Personal Information

5. Control Over Your Information

6. Your Privacy Rights

7. Cookies, Analytics and Advertising

8. Children’s Personal Information

9. Security of Your Information

10. International Data Transfers

11. Retention of Personal Information

12. Links to Third-Party Websites or Services

13. Updates to This Privacy Notice

14. Supplemental Notice For California Residents

15. Supplemental Notice for Nevada Residents

16. Contact Us

1.     What is Personal Information?

When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to you.

2.     Our Collection of Personal Information

In general, we collect Personal Information about you when you visit our site, register for an account, send us feedback, request early access or a demo, or interact on our platform. Sometimes we collect Personal Information automatically when you interact with our Services, and sometimes we collect the Personal Information directly from you. At times, we may collect Personal Information about you from other sources and third parties, even before our first direct interaction.

Personal Information You Provide. We may collect the following Personal Information you provide in connection with our Services, including:

• Profile Information, including first name, last name, email address, billing and shipping address (including zip code), company name, phone number email and location (including optional dba information, company website, and type of business); and your Company Tax Identification Number (or your Social Security number) and optional business license, seller permit number, and other information that describes your business (including optional information about your business structure, when you were established, types of products sold, number of employees, annual revenue, images that describe your business or products, and social media links). You also have the option to add a company logo to your page, or add your position at your company, languages you speak, or links to your social media pages (such as LinkedIn, Facebook, and Instagram).
• Payment Information, including payment status, billing address, billing phone number and purchase history information. Please note we utilize a third-party provider to process payments on our behalf and do not collect or store payment card information ourselves.
• Your Communications with Us, including information provided in custom messages sent through the forms or contact information provided on our site.
• Buyer Content Information, including information about how you use the Services, your actions on the Services, content you upload or post to the Services, interactions and communications between users on the Services, any content you provide through in-app messages, chat or other functionality, photos and videos you post to the Services, and any other buyer content information.
• Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). You can also share your business’s page, including to those who do not use our Services. Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.
• Camera and Photos. We may provide the opportunity to upload photos or videos, for example via our mobile application, which may be used and displayed to other customers or with the public depending on your sharing settings. If you provide camera access, we may also offer the ability to scan barcodes or similar codes via our mobile application.
• Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
• Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
• Conferences, Trade Shows, and Other Events. We may collect personal information from you when we attend conferences, trade shows, and other events.
• Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.
• Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

Personal Information Automatically Collected. We may collect certain personal information automatically when you visit our Services, including:

• Log File Data, including your internet protocol (IP) address, operating system, browser type, browser id, date/time of visit, user settings, cookie identifiers, internet service provider, mobile advertising or other unique identifiers, and pages visited.
• Analytics Data, including the electronic path you take to our services, through our services and when exiting our services, as well as your usage and activity on our services, such as the links and object you view, click or otherwise interact with (also known as “Clickstream Data”).
• Location Data, including your general geographic location based on your IP address or more precise location when accessing our online services through a mobile device.

Personal Information from Third Parties. We may also obtain Personal Information from third parties; which we often combine with Personal Information we collect either automatically or directly from you.

We receive the same categories of Personal Information as described above from the following sources and third parties:

• Social Media. When you interact with our Services through various social media networks, such as when you “Like” us on Facebook or follow us or shares our content on Facebook, Twitter, LinkedIn, or other social networks, we may receive some information about you that you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services.
• Service Providers. Our service providers that perform services solely on our behalf, such as analytics providers, collect Personal Information and often share some or all of this information with us. For example, we receive Personal Information from our service providers that conduct marketing or analytics activities. See “Cookies, Analytics, and Advertising” below for more information.
• From other users. Our buyers and sellers may provide us with Personal Information (such as contact information) of other buyers, sellers, or prospective buyers or sellers in connection with our Services.
• Publicly Available Sources. We and our service providers may collect Personal Information about you that we do not otherwise have, including contact information, employment-related information and product-interest information, from publicly available sources. We may combine this information with the information we collect from you directly. We use this information to contact you, to send advertising or promotional materials or to personalize our services, to pre-populate online forms, and to better understand the demographics of our users.
• Other Third Parties. From time to time, we may receive information about you from third parties. For example, we may obtain information from our marketing or referral partners or from third parties to enhance or supplement our existing information about you.

3.     Our Use of Personal Information

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

1. Provide Our Services

We use your information to fulfill our contract with you and provide you with our Services, such as:

• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased;
• Processing applications if you apply for a job we post on our Services; and
• Allowing you to register for events.
   
2. Administrative Purposes
• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Short-term, transient use, such as contextual customization of ads;
• Improving, upgrading or enhancing our Services;
• Developing new products and Services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this Notice;
• Debugging to identify and repair errors with our Services;
• Auditing relating to interactions, transactions and other compliance activities;
• Enforcing our agreements and policies; and
• Complying with our legal obligations.
   
3. Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we market to you include email campaigns, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices, or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.

4. Other Purposes

We also use your information for other purposes as requested by you or as permitted by applicable law.

• Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
• Automated Decision-Making. We may engage in automated decision making, including profiling. SABX’s processing of your personal information will not result in a decision based solely on automated processing that significantly affects you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making. If you have questions about our automated decision making, you may contact us as set forth in “Contact Us”
• De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, information about the device from which you access our Services, or other analyses we create.
• Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend neighbor, or co-worker).

4.     Our Disclosure of Personal Information

We may disclose Personal Information in the following ways:

• With other Buyers and Sellers. Our Services allow Buyers and Sellers to transact and communicate with one another: these interactions may contain personal information. If, as a Seller, you make your store page public, information you make visible to potential customers may also be available publicly to individuals who do not use our Services.
• Our Service Providers.We share personal information with our third-party service providers that use the data to perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, customer service, email delivery services, administrative services, marketing and advertising services, security, and other similar services.
• Business Partners.We may disclose Personal Information to third parties with whom we partner to provide joint promotional activities or co-branded services, such as webinars, and such disclosure is necessary to fulfill the services, requests or applications. Typically, these partners will be identified in the relevant promotional information.
• APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us”
• Ad Networks and Advertising Partners.We may work with third-party ad networks and advertising partners to deliver advertising and personalized content on our Services, on other sites and services, and across other devices. These parties may collect information directly from your browser or device when you visit our Services through cookies or other data collection technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
• Business Transaction or Reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose Personal Information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal Information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
• Legal Obligations and Rights.We may disclose Personal Information to third parties, such as legal advisors and law enforcement, when we, in good faith, believe doing so is required or appropriate:
  • in connection with the establishment, exercise, or defense of legal claims;
  • to comply with laws or to respond to lawful requests and legal process;
  • to protect the rights and property of us, our agents, customers, and others, including to enforce our agreements, policies, and terms of use;
  • to detect, suppress, or prevent fraud;
  • to reduce credit risk and collect debts owed to us;
  • to protect the health and safety of us and others;
  • to assist with an investigation or prosecution of suspected or actual illegal activity; or
  • as otherwise required by applicable law.
• Otherwise With Consent or Direction.We may disclose Personal Information about you to certain other third parties or publicly with your consent or direction. For example, with your consent, we may post your testimonial on our site or service-related publications.

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

5.     Control Over Your Information

You may control your information in the following ways:

• Device Information. You may control the mobile app’s access to your device information through the app settings on your device. For instance, you can withdraw permission for the app to access your photo stream and camera.
• Communication Preferences. You can stop receiving push notifications by changing the app notification settings on your device. From time to time, we may contact you with information about our products and services, including sending you email marketing messages and asking for your feedback on our products and services. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of administrative- and technical services-related communications (e.g., account verification, transactional communications, changes/updates to features of our Services, and technical and security notices).
• Account Information. If you have an online account with us, then you have the ability to modify certain information in their account (e.g., contact information) and may change some of your data sharing preferences through the app settings on your device. Please note, however, some information, such as past transactions, logs of technical support calls, or other information may not be modified or deleted through these methods. After you change or alter any information, SABX may require reverification of your information and as a result, you may experience delays in your ability to use the Services after any such change until SABX is able to perform its verification. For questions about modifying or updating any information in an account, please contact us using the information provided in the Contact Ussection below.
• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

6.     Your Privacy Rights

In accordance with applicable law, you may have the right to:

• Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (the “right of data portability”);
• Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information (such as allowing you to change information from your profile page);
• Request Deletion of your personal information;
• Request Restriction of or Object to our processing of your personal information; and
• Withdraw your Consent to our processing of your personal information.
• If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” We will process such requests in accordance with applicable laws.

7.     Cookies, Analytics and Advertising

We may use one or more third-party analytics services (such as Google Analytics) to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services. We may also permit third-party online advertising networks, social media companies and other third-party advertising services to collect information about your use of our Website over time so that they may play or display ads on our Website, on other devices you may use, and on other websites, apps or services, including on Facebook. We and our service providers may collect information using “cookies,” pixel tags, or other technologies. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect other information and to enhance your experience using the Services. Meanwhile, pixel tags (also called web beacons or clear gifs) and other technologies to help analyze and provide us with data and to collect data about consumers directly through our Services for purposes of analyzing and optimizing our Services, delivering ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our online services, as some features and services on our online services may not work properly. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Some of the third-party analytics and advertising partners we engage may also provide their own disclosures and opt-out mechanisms in relation to their collection of information from other websites, like our Website. For example, you can learn more about Google’s practices with Google Analytics by visiting Google’s privacy policy here and you can view Google’s currently available Google Analytics opt-out options here.

You may stop or restrict the placement of cookies and similar technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note you must separately opt out in each browser and on each device.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online Services.  It means that the online ads that you do see from DAA program participants should not be based on your interests.  In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

8.     Children’s Personal Information

Our websites and online services are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information from children under the age of 18. If a child under the age of 18 has provided Personal Information to us, we encourage the child’s parent or guardian to contact us to request that we remove the Personal Information from our systems. If we learn that any Personal Information we collect has been provided by a child under the age of 18, we will promptly delete that Personal Information, unless we have a legal obligation to retain it, and delete their account if applicable.

9.     Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

10.  International Data Transfers

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

 

11.  Retention of Personal Information

We store  the personal information  we collect as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

 

12.  Links to Third-Party Websites or Services

Our websites and online services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any Personal Information practices of third-party websites and online services or the practices of other third parties. To learn about the Personal Information practices of third parties, please visit their respective privacy notices. Providing personal information to third-party websites or applications is at your own risk.

13.  Updates to This Privacy Notice

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the “Last Updated” date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify you where required by applicable law, for example by sending you an email to your registered email address, by prominent posting on this website or our online services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. You understand and agree that you will be deemed to have accepted the updated Privacy Notice if you continue to use our Services after the new Privacy Notice takes effect.

14.  Supplemental Notice For California Residents

This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information SABX has collected about them and whether SABX disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

 

Category of Personal Information Collected by SABX	Category of Third Parties Information is Disclosed to for a Business Purpose
Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, or other similar identifiers.	Advertising networks Data analytics providers Service providers Other Buyers and Sellers (contact information only)
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) A name, Social Security number, address, telephone number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.	Data analytics providers Service providers Other Buyers and Sellers (contact information only)
Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Advertising networks Data analytics providers Service providers
Internet or other electronic network activity Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.	Advertising networks Data analytics providers Service providers
Inferences drawn from other personal information to create a profile about a consumer Profile reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Advertising networks Data analytics providers Service providers

 

The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Our Collection of Personal Information” and “Our Use of Personal Information” above, respectively.

“Sales” of Personal Information under the CCPA

For purposes of the CCPA, SABX does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal  information of minors under 16 years of age.

Additional Privacy Rights for California Residents

• Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
• Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent.

Verification. To protect your privacy, we will take steps the following steps to verify your identity before fulfilling your request. When you make a request,  we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

Refer-a-Friend Programs. As described above in Our Use of Personal Information (“Share Content with Friends or Colleagues”), we may offer referral programs. We may offer incentives to you such as discounts or promotional credit in connection with these programs, wherein you provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) These referral programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of the referred party’s data to us depends on whether the referred party ultimately becomes a Buyer and/or Seller and uses our Services. Said value will be reflected in the incentive offered for each referral.

Accessibility. This Privacy Notice uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this Notice, please do so from your web browser or by saving the page as a PDF.

California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.

15.     Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@sabx.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in “Contact Us” below.

16.     Contact Us

If you have any questions or requests in connection with this Privacy Notice, wish to exercise your rights under this Notice, or have other privacy-related matters, please send an email to privacy@sabx.com.

Alternatively, inquiries may be addressed to:

SABX, Inc.
1389 Center Drive
Suite 200
Park City, Utah 84098