Last Updated: January 1, 2024
Privacy Policy and User Agreement
This Privacy Policy and User Agreement (“Privacy Policy”) explains how Phantomlytics (the “Company,” “we,” “us,” or “our”), a software development and service provider, collects, uses, processes, and discloses your personal information when you access, use, or interact with any of our software products, services, or websites, including but not limited to www.phantomlytics.com (the “Site”) (collectively, the “Services”). This Privacy Policy constitutes a legally binding agreement between you and Phantomlytics . By accessing or using our Services, you acknowledge and agree to be bound by this Privacy Policy. If you do not agree, you must immediately stop using our Services.
Acknowledgment of Responsibility and Risk Assumption User Duty and Risk Acceptance By using our software and Services, you acknowledge that it is your sole responsibility to review this Privacy Policy and any updates to it on a regular basis. Your continued use of the Services indicates your acceptance of any changes made to this Privacy Policy. Failure to review these terms does not absolve you of your obligations as a user of the software. You assume all risks associated with using our software, including potential data processing or usage of personal information. Phantomlytics is not liable for any consequences arising from your failure to review or comply with this Privacy Policy, and your continued use of the Services constitutes your explicit acceptance of the inherent risks.
Amendments to this Privacy Policy Right to Modify and Obligation to Stay Informed As a software provider, Phantomlytics reserves the right to modify, amend, or update this Privacy Policy at any time without prior notice. Such modifications will take immediate effect upon being posted on our Site or software platform. It is your sole responsibility to stay informed of any changes by reviewing the “Last Updated” date at the top of this document each time you use the Services. By continuing to use our Services after any changes are made, you expressly acknowledge and agree to the updated terms. If you do not agree to the new terms, you must discontinue all use of our software and Services. No Retroactive Changes Phantomlytics will not make retroactive changes to this Privacy Policy that reduce your rights, unless required by law. However, your use of the software after changes have been made constitutes acceptance of any updates, and you waive any right to dispute such modifications.
Collection and Use of Personal Information Types of Personal Information We Collect We collect personal information to improve the performance of our software and enhance your experience. The types of personal information we collect include, but are not limited to: Contact Information: Name, email address, phone number, and billing address. Usage Data: Information on how you interact with our software, such as feature usage, device data, IP addresses, and performance logs. Transactional Data: Information related to payments, purchase history, subscriptions, and license usage. Account Information: Login credentials (username and password) and security information. Customer Support Data: Details provided during support interactions, including problem reports, feedback, or troubleshooting data. Purpose of Data Collection Your data is collected to facilitate the smooth operation of our software, ensure optimal performance, enhance security, and improve user experience. Additionally, we may use this information to communicate important updates or provide customer support. By using our Services, you agree to the collection, processing, and use of your information as outlined in this Privacy Policy.
User Acknowledgment of Risk and Software Limitations Inherent Software Risks By using our software products, you acknowledge and accept any and all risks associated with using our software, including but not limited to: The potential for data loss due to bugs, errors, or interruptions. Security risks such as unauthorized access or breaches. Potential misuse of data by third-party service providers that interact with our software. Phantomlytics disclaims all liability for any indirect, incidental, or consequential damages arising from the use of the software, including but not limited to, data corruption, system downtime, or performance issues. By using our Services, you agree that Phantomlytics ’s liability is limited to the total amount you paid for the Services within the twelve months prior to the incident or $100, whichever is lower.
Third-Party Services and Integrations Our software may integrate or link to third-party services, including but not limited to payment processors, analytics providers, and advertising partners. While we work with these partners to enhance the functionality of our software, Phantomlytics assumes no responsibility or liability for the actions, omissions, or policies of third-party services. By using the Services, you agree that any engagement with third-party services is at your own risk, and Phantomlytics disclaims any responsibility for privacy or security practices outside its direct control.
Cookies and Automated Tracking We use cookies, pixels, and other tracking technologies to optimize your experience when using our software. These technologies help us analyze usage patterns, improve performance, and deliver a personalized experience. By continuing to use our Services, you consent to the use of cookies and similar tracking technologies. Should you choose to block or disable cookies, you acknowledge that certain features of our software may not function as intended, and Phantomlytics disclaims any liability for diminished performance or accessibility issues as a result of blocking these technologies.
Limitation of Liability and Software Warranty Disclaimer No Warranty Phantomlytics provides its software “as is” and without any warranties, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. While we strive to maintain high standards of quality and reliability, we do not guarantee that the software will be error-free, uninterrupted, or that defects will be corrected. Limitation of Liability To the fullest extent permitted by law, Phantomlytics disclaims all liability for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to the use or inability to use our software. In no event shall Phantomlytics ’s total liability exceed the greater of the amount you paid for the software or $100, regardless of the nature of the claim.
Security of Personal Information We take the security of your personal information seriously and implement industry-standard measures to protect it. However, no system is completely secure, and we cannot guarantee the absolute security of your data. You acknowledge that any data transmission is done at your own risk, and you agree that Phantomlytics is not liable for any unauthorized access, use, or disclosure of your personal information as a result of security breaches or vulnerabilities.
Data Retention We retain your personal information for as long as necessary to provide the Services or as required by law. Once personal information is no longer needed for the purpose for which it was collected, it will be securely deleted or anonymized. Phantomlytics is not liable for any claims arising from the lawful deletion or anonymization of data.
Your Rights and Obligations User Obligations As a user of Phantomlytics software, you are responsible for ensuring that the personal information you provide is accurate, complete, and up to date. Failure to provide accurate information may impact your ability to use the software or may result in a breach of this Privacy Policy. Your Rights Depending on your jurisdiction, you may have rights to access, correct, or request deletion of your personal information. However, Phantomlytics reserves the right to deny such requests where permitted by law, especially where compliance with such requests would interfere with legitimate business interests, such as software performance or security.
Governing Law and Dispute Resolution This Privacy Policy, and any disputes arising from your use of the Services, shall be governed by the laws of the state in which Phantomlytics is incorporated, without regard to its conflict of law provisions. Binding Arbitration and Waiver of Class Action All disputes arising out of or relating to this Privacy Policy shall be resolved exclusively through binding arbitration in Wyoming. By using the Services, you waive any right to participate in a class action or collective lawsuit. All claims must be brought on an individual basis.
Indemnification By using our Services, you agree to indemnify, defend, and hold harmless Phantomlytics , its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from or related to your use of the software, your breach of this Privacy Policy, or any violation of applicable laws or rights of third parties.
Children’s Data Our Services are not intended for individuals under the age of 16, and we do not knowingly collect personal information from children. If we learn that we have inadvertently collected personal information from a child under the age of 16, we will promptly delete that information. If you believe a child has provided us with their personal information, please contact us immediately.
International Users Your personal information may be transferred and processed outside the country in which you reside, including in the United States. By using our Services, you consent to the transfer of your information across borders and acknowledge that foreign jurisdictions may have different data protection laws. Phantomlytics is not responsible for the protection of data processed in jurisdictions outside of its direct control.
Contact Information If you have any questions or concerns regarding this Privacy Policy, or if you would like to exercise any rights related to your personal information, please contact us at:
Email: admin@phantomlytics.com