Privacy Policy

January 2021.

Tuxt, Inc. (“Tuxt”) respects the sensitive nature of any personal information that is provided to us by you or about you. We have created this Privacy Policy to demonstrate our commitment to the privacy of that information, including information provided by those who visit our website www.tuxt.com (the “Site”) or information that is used in our platform (the “Platform”) to provide marketing, payment and other services for you and our subscribers (the “Services”). This Privacy Policy describes our information collection, storage and disclosure practices regarding how we collect and use Personal Information.

Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.

California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.

We reserve the right to change this Privacy Policy at any time. In the event we make changes to this Privacy Policy, such policy will be re-posted in the “Privacy” section of our Site with the date such modifications were made indicated on the top of the page or we may contact you to inform you about the revisions with a link to the revised Privacy Policy. All changes are effective on the date listed at the top of this page and will apply to all information that we have about you. Your continued use of the Site, Platform or Services after any change is posted indicates your acceptance of the changes and your continued consent to our processing of your Personal Information. If at any point you do not agree to any portion of this Privacy Policy, then in effect you should immediately stop using the Site, Platform and Services. If your Personal Information is provided to us for the Services by one of our subscribers and brands (“Subscriber” or “Subscribers”) for which you are a customer, you should contact that Subscriber directly regarding your Personal Information and consult its privacy policy. Because this Privacy Policy contains legal obligations, we encourage you to review this Privacy Policy carefully. If you have any questions concerning this Privacy Policy or our information collection, storage and disclosure practices, please contact us at privacy@tuxt.com or mail us at Tuxt Customer Service at 6320 Canoga Avenue, Suite 1700, Woodland Hills, CA 91367.

Use of Third Party Providers

We use third party providers for our Platform that allow us to provide the Services to you. Those third party providers include Spreedly which collects certain information to facilitate access to our Subscribers’ payment platforms. Third party providers, including our Subscribers’ payment platforms, encrypt your payment card data according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS).

Personal Information That We Collect and How We Use It

Tuxt collects Personal Information about you when you visit the Site or provide us directly with such information, or when you provide Personal Information to a Subscriber to obtain the Services. “Personal Information” is information that may be used to directly or indirectly identify you, including your name, email address, physical address, phone number or other information about you. The majority of such Personal Information is collected by and shared with us by Subscribers to provide you with the Services through our Platform, including when you provide information to the Subscriber to receive and make payment for product offerings from the Subscriber. If you provide us with Personal Information directly, some of this Personal Information will be required if you wish to partake in the Services. We may combine the Personal Information that you provide to us or our Subscribers to facilitate your use of the Services by creating a profile for you to facilitate your orders and payments through the Platform.

In general, the type of Personal Information we collect includes, but is not limited to:

  • Personal Information to contact you;
  • Personal Information necessary to use the Platform or Services;
  • Personal Information collected from Subscribers to provide the Services to you; and
  • Un-identifiable and aggregated Personal Information pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience.

We and our e-commerce providers use that data to: (i) enable you to log in to the Platform; (ii) allow Subscribers to provide the Services to you, including payment and fulfillment of your orders from the Subscribers; (iii) create a customer profile to facilitate your use of the Services through the Platform; (iv) guard against potential fraud; or (v) communicate with you or to provide answers to inquiries or questions.

Third Party Privacy Policies

The collection of Personal Information necessary to provide you with the Services may be governed by privacy policies of third parties, including those of our Subscribers and their payment processors. We do not control the privacy policies of such third parties.

Non-Identifiable Data and Aggregated Personal Information

Regardless of whether you submit information to us, Tuxt and third parties performing services for us may send one or more "cookies" to your computer. Cookies are small text files placed on your web browser when you visit our Site that store information on your computer, such as your Site preferences. We use cookies when you sign in to keep track of your personal session. We also use cookies to track your activity on the Site as a unique person. For security purposes, all of this information is stored in encrypted form. This data may be used for analytical purposes, advertising campaigns and to display information about our Services and Products on websites operated by third parties.

You can set your web browser to inform you when cookies are set, or to prevent cookies from being set altogether. Please note, however, that if you decline to use cookies, you may experience reduced functionality and slower site response times.

Tuxt or our service providers, including Google Analytics, may also collect web surfing data related to your use of the Site. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, "click stream" transactional data that is not associated with any users as individuals.

Web surfing data and similar information may be aggregated for administrative purposes. Tuxt may, for example, use this aggregated information in the administration of the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize the Site based on the needs of our users.

How and When Your Information Is Shared With Other Parties

Tuxt does not sell, trade or license Personal Information for marketing purposes. We do, however, work with a number of trusted partners who perform vital functions as part of our operations, including processing payments for orders. See above section on “Use of Third Party Providers.” We do not share your Personal Information unless it is necessary to fulfill our responsibilities, including providing the Services to you.

We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business. Personal Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services. Our partners are legally required to keep your Personal Information private and secure.

We may share your Personal Information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of Tuxt, its users, or others.

We may share your Personal Information in connection with a corporate reorganization or transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Rights of EEA Residents

This section of this Privacy Policy is applicable to residents of the European Economic Area (“EEA”). The EEA consists of the member states of the European Union, i.e., Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Iceland, Liechtenstein, and Norway. This section also applies to residents of Switzerland and residents of the United Kingdom. Residents of the EEA, the United Kingdom and Switzerland are referred to here as “EEA Residents.”

Although websites are accessible anywhere in the world, we and our Subscribers do not offer our Platform and Services directly to residents of the EU in the United States. Notwithstanding the foregoing, it is possible that EEA Residents or our Subscribers may provide Personal Information to us for EEA Residents.

From May 25, 2018, all processing of Personal Information of EEA Residents is performed by Tuxt in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”).

Under the GDPR, Tuxt is a processor or a co-processor of the Personal Information of EEA Residents. Tuxt’s purpose for processing Personal Information from EEA Residents is to respond to inquiries or for us or our Subscribers to provide the Services to EEA Residents who have a US phone number. The legal basis for collecting Personal Information is your consent, including consent provided to Subscribers. You may withdraw consent by contacting the relevant Subscriber or by contacting us at privacy@Tuxt.com.

If you are a resident of the EEA and believe that we have Personal Information about you, and you wish to access or correct the Personal Information that we have about you or have any questions relating to the processing of your Personal Information, please contact us at privacy@Tuxt.com with the subject line “GDPR Data.” If the Personal Information was provided to a Subscriber please contact that Subscriber directly.

International Data Transfers

If you are resident outside the United States, including in the EEA, we transfer Personal Information provided by you for processing in the United States if its provided to us or a Subscriber. If you have questions regarding such transfers, you should contact us or the relevant Subscriber directly.

Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.

Notifications and Communications from Our Site

Communications Regarding Our Services

If you provided your Personal Information directly to us, we may send you email notifications and other communications from time to time, Some notifications are communications relating to us and our Services. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email. If you have provided your Personal Information to a Subscriber, you should contact the Third Party directly regarding any communications regarding the Services.

Legal or Security Communications

We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection. In other cases, these notifications involve changes to various legal agreements, such as this Privacy Policy or the Terms of Service. Generally, you may not opt out of such emails.

Account and Order Communications

If you subscribe directly to the Platform, we may send you communications regarding our Services and the Platform. We may also send communications providing customer support or responses to questions regarding the operation of the Services or Platform. Generally, you may not opt out of such emails. If you obtain the Services through a Subscriber, you should contact the Subscriber directly regarding these matters.

Deleting Your Information

If you have provided us directly with your Personal Information and want us to delete your Personal Information, please contact us at privacy@Tuxt.com with your request. We will take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law. If you have provided a Subscriber with your Personal Information, you should contact the Subscriber directly with any request for deletion.

Personal Information Retention


We retain the Personal Information we receive as described in this Privacy Policy for as long as a you or a Third Party uses the Services or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Links to Other Sites

If you follow any links that direct you away from the Site, including links to social media sites, among others, this Privacy Policy will not apply to your activity on the other sites you visit. We do not control the privacy policies or the privacy practices of any third party.

Security Policy

We take commercially reasonable steps to protect Personal Information against unauthorized disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect Personal Information we cannot ensure or warrant the security of any information transmitted to us and used for the Services. You engage in such transmissions at your own risk.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at privacy@Tuxt.com.

Children Under 13

The Services are restricted to the use of adults over the age of majority in their place of residence. We do not intentionally process information of individuals under the age of 13. Consequently, we do not knowingly collect personal identifying information about or from any person we know is a child under the age of 13. If we learn that we have collected Personal Information from a child under age 13 we will delete that information as quickly as possible. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at privacy@Tuxt.com.

Your California Privacy Rights


The following section pertains to the rights of individuals or households in California (“California consumers”).

  • Civil Code Section 1798.83

Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

  • Rights under the CCPA

The CCPA (California Civil Code Section 1798.100 et seq.) provides California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers. Under the CCPA we are considered a “Service Provider” processing Personal Information on behalf of a Subscriber to provide the Services for a Subscriber’s customers.

Under the CCPA, qualifying California consumers may have the following rights:

Right to Know and Right to Delete.

A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.

When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 business days and provide information about how we will process the request, including our verification process. If your Personal Information was provided to us as a Service Provider by a Subscriber, we will refer the request to the Subscriber. We will respond to such requests within 45 days, including indicating that we have referred the request to a Subscriber.

Right for Disclosure of Personal Information.

A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect. If the Personal Information was received by us as a Service Provider from a Subscriber, we will refer such requests to the Subscriber.

Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ accounts with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

Submitting Requests

If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows:

Tuxt, Privacy Compliance,

6320 Canoga Avenue

Suite 1700

Woodland Hills, CA 91367

privacy@Tuxt.com

Verifying Requests

If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. If the information was received by us from a Subscriber as its Service Provider, it will be referred to the Subscriber.

In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.

  • California Do Not Track Disclosures

Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.

Your Rights and Obligations

We ask that you keep the Personal Information that you directly provide to us current and that you correct any information you have provided to us by contacting us at privacy@Tuxt.com . You represent and warrant that all Personal Information you provide to us is true and correct and relates to you and not to any other person. If the Personal Information was obtained from a Subscriber, you should contact the Subscriber regarding your rights and obligations.