Privacy Policy

At Xyicon (“we” or “us” or “our”), one of our main priorities is the respect and protection of your privacy. Please read this Privacy Policy carefully as it describes how we collect, use, disclose, store, and protect your personal data and content (collectively known as “project data”) provided you are an Account Owner of Xyicon (“service”).

1. What information do we collect?

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Personal Data

When you sign up to use Xyicon, you will be required to provide the following personal data:

• Name
• Contact Details (email)
• Account login details (username and password, both of which are automatically hashed)
• Other information you choose to provide when you use our service or contact us

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Project Data

It may also be necessary for us to obtain, receive, or collect information related to your content.

2. How do we use the collected information?

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Personal Data

We use the personal data collected from you for the following purposes:

• To improve and personalize your experience with Xyicon
• To help us understand who uses our service
• To contact you in relation to billing and customer service

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Project Data

Xyicon and our partners, vendors, and affiliates operate on a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license. We will use, compile, distribute, display, store, process, reproduce, or create derivative works of the said project data solely to facilitate our service offering and to support Xyicon’s marketing and sales activities. We will never disclose personally identifiable information in such derivative work.

3. How do we store, disclose, and manage your data?

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Data Storage

All relevant personal and project data will be stored on Xyicon’s servers (or the servers of its suppliers) during the term of this agreement.

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Data Disclosure

Xyicon agrees that it will not give any third-party access to personal or project data. However, Xyicon may disclose project data as required by applicable law or proper legal or governmental authority.
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Xyicon will notify you within fourteen (14) days of any such legal or governmental demand and reasonably cooperate with you in any effort to seek a protective order or otherwise to contest such required disclosure, at your expense, including but not limited to attorney’s fees.

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Data Management

You possess and retain all rights, titles, and interests in and to your content. You may access and export any of your content in our possession at any time prior to the termination of this agreement through the user interface of our service Xyicon. We will facilitate such access and copying promptly after your request.

4. What are my rights?

Upon sign up to our service you represent and warrant that you have obtained all rights, permissions, and consents necessary to use and transfer the project data in conjunction with your use of our service.

You further represent and warrant that the project data does not include patient information or records subject the Health Insurance Portability and Accountability Act (“HIPAA”) of the US and other similar acts and laws in the respective country of which you operate.

5. Security

Xyicon will implement reasonable and appropriate measures designed to help you secure your content against accidental or unlawful loss, access, or disclosure, as described below.

Data Security Standards

Xyicon agrees to use commercially reasonable management practices with regard to the integrity, backup, security, and retention of your content. Use of your content is safe, secure, and available only to authorized Xyicon personnel, partners, vendors, and affiliates, and designated client users. In addition, your content is hosted by Microsoft in a secure server environment that uses advanced technologies to prevent interference or access from outside intruders. Details can be found at https://azure.microsoft.com/en-us/support/trust-center/security/.

Notwithstanding Xyicon’s commercially reasonable management practices, the Account Owner is solely responsible for the development, content, operation, maintenance, and use of the project data. For example, the Account Owner is solely responsible for:

1. compliance of the project data with any applicable laws.
2. any claims relating to the project data.
3. properly handling and processing notices sent to the Account Owner (or any of its affiliates) by any person claiming that the project data violates such person’s rights.

Account Owner is also responsible for properly configuring and using the service and taking their own steps to maintain appropriate security, protection, and backup of its project data, which may include the use of encryption technology to protect the project data from unauthorized access and the routine archiving of the project data.

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6. SMS Communications and Verbal Consent

Verbal Consent for SMS Communications

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• Obtaining Consent
  When you engage with our representatives via phone or in person, you may provide verbal consent to receive SMS communications from Xyicon. By giving us your phone number and verbally agreeing to receive SMS messages, you consent to receive text messages related to promotions, service updates, alerts, and other communications.

• Acknowledgment of Consent
  By providing your verbal approval and your phone number, you confirm that you wish to receive SMS communications from us. You understand that you may receive recurring messages at the frequency defined during the interaction and that message and data rates may apply.

• Right to Withdraw Consent
  You have the right to withdraw your consent to receive SMS communications at any time. To opt out, simply reply "STOP" to any SMS message you receive from us or contact our customer service team to request an opt-out. Upon receiving your request, we will send a confirmation message, and you will no longer receive further SMS communications unless you choose to opt back in.

• Record of Consent
  We maintain a record of your verbal consent, including the date and time it was provided, to ensure compliance with applicable regulations.

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7. Questions and Concerns

If you have any feedback or questions regarding our Privacy Policy, please contact us at support@xyicon.com.

8. Consent

By using our service, you hereby consent to our Privacy Policy and agree to its terms.