Revision Date: June 30, 2020
When does this Privacy Statement apply?
This Privacy Statement applies to information that can be used to identify you (“Personal Data”) and that you provide to CXO Nexus or which is derived from the Personal Data as outlined below. CXO Nexus (as defined below) usage of cookies is subject to a separate cookie statement.
Who is the Data Controller?
The data controller of www.CXONexus.com is CXO Nexus LLC, 115 E 23rd Street 3rd floor – 1590, New York, NY 10010, United States of America (“CXO Nexus”). Where a registration form is presented on this website, the data controller may vary depending on the actual offering or the purpose of the data collection, but it is in any case displayed on the individual registration form’s privacy statement. CXO Nexus’s data protection officer can be reached at privacy@CXONexus.com.
What Personal Data does CXO Nexus collect?
In the normal course of business, CXO Nexus collects Personal Data such as contact information (e.g., name, address, phone number, email address, and your employer) and payment details for customers.
Why does CXO Nexus need your Personal Data?
CXO Nexus requires your personal data to provide you with access to CXO Nexus’s services, to comply with contractual and statutory obligations, including checks required by applicable export laws and to stay in touch with you. Although providing your Personal Data is voluntary, without your Personal Data, CXO Nexus cannot provide you with access to its services.
From what types of third parties does CXO Nexus obtain Personal Data?
In most cases, CXO Nexus collects Personal Data from you. CXO Nexus might also obtain Personal Data from third parties if the applicable national law allows CXO Nexus to do so. CXO Nexus will treat this Personal Data according to this Privacy Statement, plus any additional restrictions imposed by the third party that provided CXO Nexus with it or the applicable national law. These third-party sources include CXO Nexus’s dealings with your employer (for details, please see “Contract Performance” subsection of Section B below) or third parties you directed to share your Personal Data with CXO Nexus (e.g. in case of an event where you permit the host of the event to share your registration data with CXO Nexus).
How long will CXO Nexus store my Personal Data?
CXO Nexus will only store your Personal Data for as long as it is required for the performance of contractual obligations, to make its services available to you, for CXO Nexus to comply with its statutory obligations resulting from applicable export laws, and to fulfill the purposes outlined in this Privacy Statement. CXO Nexus will also retain your Personal Data for additional periods if applicable laws require it.
Who are recipients of your Personal Data and where will it be processed?
Your personal data will be passed on to the following categories of third parties for processing: vicarious agents (e.g., third-party service providers for consulting services and other additional related services); other services providers (e.g. for the provision of the website); state agencies and bodies if required by law.
CXO Nexus bases transfers of Personal Data from and to the US on the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield. For details about the Privacy Shield program, please visit https://www.privacyshield.gov/.
CXO Nexus complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union (EU), the United Kingdom, and Switzerland to the United States, respectively, including the onward transfer liability provisions. If there is any conflict between the terms in this privacy statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern.
The key goals of Privacy Shield are to inform both EU and Swiss individuals about:
- the right of individuals to access their personal data
- the choices and means an organization offers for individuals to limit the use and disclosure of their personal data
- the requirement for an organization to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
CXO Nexus’ Privacy Shield self-certification does not cover human resources data.
Privacy Shield may provide individuals the right to (i) access the data that we hold about them, (ii) request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield, or (iii) limit the use and disclosure of their personal information. In compliance with the Privacy Shield Principles, Delighted commits to resolve complaints about our collection or use of personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact CXO Nexus at email@example.com.
CXO Nexus has further committed to refer unresolved Privacy Shield complaints to the American Arbitration Association (AAA), an alternative dispute resolution provider located in the United States. If an individual does not receive timely acknowledgment of its complaint from us, or if we have not addressed an individual’s complaint satisfactorily, such an individual should contact the AAA for more information or file a complaint (contact details below). The services of the AAA are provided at no cost.
Because adequate protection is provided by Privacy Shield participants, contracts with Privacy Shield participants for mere processing do not require prior authorization (or such authorization will be granted automatically by the EU Member States), as would be required for contracts with recipients not participating in the Privacy Shield or otherwise not providing adequate protection.
CXO Nexus self-certifies with Privacy Shield. A self-assessment is signed by a company officer or other authorized representative of the organization at least once a year and made available upon request by individuals or in the context of an investigation or a complaint about non-compliance. Delighted is required to respond promptly to EU or Swiss individual inquiries, and other requests for information from the Department of Commerce relating to its adherence to the Privacy Shield Principles.
Under Privacy Shield, an individual has the right, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. Under Privacy Shield, CXO Nexus must respond to individual complaints within 45 days. For additional information, visit: https://www.privacyshield.gov/article?id=ANNEX-I-introduction
CXO Nexus’ Independent Dispute Resolution (IDR) Provider is:
American Arbitration Association
International Centre for Dispute Resolution
New York City, New York, USA
What are your data protection rights?
You can request from CXO Nexus information about Personal Data that CXO Nexus processes about you and the correction or deletion of such Personal Data. Please note, however, that CXO Nexus can or will delete your Personal Data only if there is no statutory obligation or prevailing right of CXO Nexus to retain it. Kindly note further that if you request that CXO Nexus deletes your Personal Data, you will not be able to continue to use any CXO Nexus service that requires CXO Nexus’ use of your Personal Data.
If CXO Nexus uses your Personal Data based on your consent or to perform a contract with you, you can further request from CXO Nexus a copy of the Personal Data that you have provided to CXO Nexus. In this case, please contact the email address below and specify the information or processing activities to which your request relates, the format in which you would like to receive this information, and whether the Personal Data should be sent to you or another recipient. CXO Nexus will carefully consider your request and discuss with you how it can best fulfill it.
Furthermore, you can request from CXO Nexus that CXO Nexus restricts your Personal Data from any further processing in any of the following events:
- you state that the Personal Data CXO Nexus has about you is incorrect, subject to the time CXO Nexus requires to check the accuracy of the relevant Personal Data;
- there is no legal basis for CXO Nexus processing your Personal Data and you demand that CXO Nexus restricts your Personal Data from further processing;
- CXO Nexus no longer requires your Personal Data but you state that you require CXO Nexus to retain such data in order to claim or exercise legal rights or to defend against third party claims, or
- in case you object to the processing of your Personal Data by CXO Nexus based on CXO Nexus legitimate interest (as further set out below), subject to the time required for CXO Nexus to determine whether it has a prevailing interest or legal obligation in processing your Personal Data.
For individuals within the State of California, you instead have the right: to request from CXO Nexus access to your Personal Data that CXO Nexus collects, uses, discloses, or sells (if applicable) about you:
- to request that CXO Nexus deletes Personal Data about you;
- to opt-out of the sale of Personal Data, if applicable;
- to non-discriminatory treatment for the exercise of any of your data protection rights;
- in case of a request from CXO Nexus for access to your Personal Data, for such information to be portable, if possible, in a readily usable format that allows you to transmit this information to another recipient without hindrance.
How can you exercise your data protection rights?
Please direct any requests to exercise your rights to firstname.lastname@example.org, or, if you are located in the State of California, you can also call us toll-free at (+1) 800 330 3328.
You can also designate another person to submit requests to exercise your data protection rights to CXO Nexus. You can give authorization to such a person by granting them a limited power of attorney to exercise your data protection rights on your behalf.
How will CXO Nexus verify requests to exercise data protection rights?
CXO Nexus will take steps to ensure that it verifies your identity to a reasonable degree of certainty before it will process the data protection right you want to exercise. When feasible, CXO Nexus will match Personal Data provided by you in submitting a request to exercise your rights with information already maintained by CXO Nexus. This could include matching two or more data points that are already maintained by us.
In accordance with the verification process set forth in the California Consumer Privacy Act (“CCPA”), CXO Nexus will require a more stringent verification process for deletion requests, or for Personal Data that is considered sensitive or valuable, to minimize the harm that might be posed to you by unauthorized access or deletion of your Personal Data. If CXO Nexus must request additional information from you outside of the information that is already maintained by CXO Nexus, CXO Nexus will only use it for the purposes of verifying your identity so you can exercise your data protection rights, or for security and fraud-prevention purposes.
CXO Nexus will decline to process requests that are manifestly unfounded, excessive, fraudulent, or are not otherwise required by local law.
If you take the view that CXO Nexus is not processing your Personal Data in accordance with the requirements in this Privacy Statement or under applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the country where you live.
Processing based on statutory permission
Why does CXO Nexus need to use my Personal Data and on what legal basis is CXO Nexus using it?
Providing the requested services. CXO Nexus requires your Personal Data to deliver services you order under a contract CXO Nexus has with you, to establish a contract for goods or services between you and CXO Nexus, and to send you invoices for ordered services.
Ensuring compliance. CXO Nexus and its products, technologies, and services are subject to the export laws, trade sanctions, and embargoes (“Export Laws”) of various countries including, without limitation, the United States of America. Therefore, You acknowledge that pursuant to the applicable Export Laws issued by these countries, CXO Nexus is required to:
(a) take measures to prevent persons, entities, and organizations listed on government-issued sanctioned party lists from accessing certain products, technologies, and services through CXO Nexus’s websites or other delivery channels controlled by CXO Nexus. This may include (i) automated checks of any user registration data as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when a user updates his or her information; (iii) blocking of access to CXO Nexus’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in case of a potential match, and
(b) ensure that no individuals from embargoed countries access its services. Therefore, when an existing user logs into a website, app or cloud service of CXO Nexus from an embargoed country, the user’s registration data and IP address may be used by CXO Nexus to block the user’s access and to log access attempts from embargoed countries.
Any such usage of registration data and IP addresses by CXO Nexus is necessary for CXO Nexus’ compliance with applicable Export Laws.
CXO Nexus legitimate interest.
CXO Nexus can use your Personal Data based on its legitimate interest as follows:
Fraud and Legal Claims. If required, CXO Nexus will use your Personal Data for the purposes of preventing or prosecuting criminal activities such as fraud and to assert or defend against legal claims.
Questionnaires and surveys. CXO Nexus could invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any data that can be used to identify you. If you nonetheless enter such data in a questionnaire or survey, CXO Nexus will use this personal data to improve its products and services.
Contract performance. If you purchase or intend to purchase goods or services from CXO Nexus on behalf of a corporate customer or otherwise be the nominated contact person for the business relationship between a corporate customer (a “Customer Contact”) and CXO Nexus, CXO Nexus will use your Personal Data for this purpose. This includes, for the avoidance of doubt, such steps which are required for establishing the relevant business relationship. In case that an existing Customer Contact informs CXO Nexus that you are their replacement, CXO Nexus will, from the point in time of such notification, consider you to be the relevant Customer Contact for the respective customer until you object as further set out below.
Creation of anonymized data sets. CXO Nexus will anonymize Personal Data provided under this Privacy Statement to create anonymized data sets, which will then be used to improve its and its affiliates’ products and services.
Personalized Newsletter. If you opt-in to receive marketing communications such as newsletters from CXO Nexus, CXO Nexus will collect and store details of how you interact with the newsletters to help create, develop, operate, deliver and improve our newsletter communications with you. This information is aggregated and used to help CXO Nexus provide more useful information and to understand what is of most interest. CXO Nexus will record calls (after informing you accordingly during that call and before the recording starts) and retain chat sessions in order to improve the quality of CXO Nexus services.
To keep you up-to-date or request feedback. Within an existing business relationship between you and CXO Nexus, CXO Nexus might inform you, where permitted in accordance with local laws, about its products or services (including webinars, seminars or events) which are similar or relate to such products and services you have already purchased or used from CXO Nexus. Furthermore, where you have attended a webinar, seminar, or event of CXO Nexus or purchased products or services from CXO Nexus, CXO Nexus might contact you for feedback regarding the improvement of the relevant webinar, seminar, event, product or service.
You can at any time object to CXO Nexus’s use of your Personal Data as set forth in this section by sending an email to email@example.com. In this case, CXO Nexus will carefully review your objection and cease further use of the relevant information, subject to CXO Nexus’s compelling legitimate grounds for continued use of the information, which override your interest in objecting, or if CXO Nexus requires the information for the establishment, exercise, or defense of legal claims.
Processing under applicable national laws.
If the applicable national law allows CXO Nexus to do so, CXO Nexus will use information about you for a business purpose, some of which is Personal Data:
- To plan and host events.
- To host online forums or webinars.
- For marketing purposes such as to keep you updated on CXO Nexus’ latest products and services and upcoming events.
- To contact you to discuss further your interest in CXO Nexus services and offerings.
- To help CXO Nexus create, develop, operate, deliver and improve CXO Nexus services, products, content, and advertising and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by CXO Nexus.
- To provide more personalized information to you.
- For loss prevention.
- For account and network security purposes.
- For internal purposes such as auditing, analysis, and research to improve CXO Nexus’ products or services.
- To verify your identity and determine appropriate services.
- To assert or defend against legal claims.
- To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to prosecute those responsible for that activity.
- To debug to identify and repair errors that impair existing intended functionality.
- Short-term, transient use, provided the personal information is not disclosed to a third party and is not used to build a profile about you or otherwise alter your individual experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by CXO Nexus.
In accordance with the disclosure requirements under the CCPA, CXO Nexus is exempt from providing notice to opt-out because it does not and will not sell your Personal Data.
Processing based on consent.
In the following cases, CXO Nexus will process your Personal Data if you granted prior consent to the specific proposed processing of your Personal Data:
Children. This offering is not directed to users below the age of 18 years or the equivalent minimum age in the relevant jurisdiction. If you are younger than 18, you cannot register with and use this offering.
U.S. Children’s Privacy. CXO Nexus does not knowingly collect the Personal Data of children under the age of 18. If you are a parent or guardian and believe that CXO Nexus collected information about a child, please contact CXO Nexus as described in this Privacy Statement. CXO Nexus will take steps to delete the information as soon as possible. Given that CXO Nexus services are not directed to users under 18 years of age and in accordance with the disclosure requirements of the CCPA, CXO Nexus does not sell the Personal Data of any minors under 18 years of age.
Marketing. CXO Nexus requires your Personal Data to inform you about CXO Nexus’s latest products, service offers, and events. Any such use of information is based on the consent you grant hereunder. CXO Nexus will use your name, email and postal address, telephone number, job title, and basic information about your employer (name, address, and industry), as well as an interaction profile based on prior interactions with CXO Nexus (prior purchases, participation in webinars, seminars or events, or the use of (web) services in order to keep you up to date on the latest product announcements, software updates, software upgrades, special offers, and other information about CXO Nexus’s software and services (including marketing-related newsletters) as well as events of CXO Nexus and in order to display relevant content on CXO Nexus websites.
Social media features. CXO Nexus offers social network functionality in some parts of our website. We give you the opportunity to share and recommend your content in social networks in our online offerings. If you visit our website and use the recommendation features, we pass on the URL to the social network you select where your Personal Data will be then used by the social network according to the social network’s own privacy statement. We recommend that you read the privacy statement of the respective social networks carefully.
Profiles. CXO Nexus offers you the option to use services, including to view tutorials or take training, that requires you to register and allow you to create a user profile. User profiles provide the option to display personal information about you, including but not limited to your name, photo, address, email, telephone number, personal interests, skills, etc... Profile data is processed to personalize the interaction with other users to foster the quality of communication and collaboration via such services. The provision of any such information about you as well as the decision to share information with other services is at your free will and based on the consent that you grant.
CXO Nexus events
Event profiling. If you register for an event, seminar, or webinar of CXO Nexus, CXO Nexus shares basic registration information (your name, company, and email address) with other participants of the same event, seminar, or webinar for the purpose of communication and the exchange of ideas.
Tracking during an event. CXO Nexus requires your Personal Data including any occasion where you allowed your event badge to be scanned, to evaluate behavioral aspects by means of tracking during the relevant event. CXO Nexus might process tracking data in the context of CXO Nexus events for purposes of tracking attendance, determine the attendees’ interests in certain topics, and identify drivers for the attendees’ satisfaction and dissatisfaction to optimize planning and investments for future events. Any such use of information is based on the consent you grant.
Processing Special Categories of Personal Data. When you register for or request access to an event or seminar, CXO Nexus may ask whether you require any accommodations because of your health or dietary restrictions. Any such use of information is based on the consent you grant. Kindly note that if you do not provide CXO Nexus with information regarding what accommodations you require, CXO Nexus will not be able to accommodate for it.
Photograph before or during the event. You may be asked to provide CXO Nexus with your current photograph via e-mail or CXO Nexus could ask to take a picture of you when you arrive at the event. By sending CXO Nexus your photograph or allowing a photo of you to be taken, you acknowledge that CXO Nexus will use your picture for the purposes described in this Privacy Statement
Withdrawal of consent.
You may withdraw your consent for CXO Nexus to process your Personal Data as stated in this Privacy Statement at any time. Once you assert this right, CXO Nexus will not process your Personal Data any longer unless legally required to do so. However, any withdrawal has no effect on past processing by CXO Nexus up to the point in time of your withdrawal. Please direct any such request to firstname.lastname@example.org.