PRIVACY POLICY

Effective date: Jan 1st, 2024

TYXIT SA (“Us”, “We”, “SONIX”, “SONIXApp”, The Company or “Our”) operates the www.tyxit.com and the www.sonixapp.com websites as well as the SONIXApp desktop and mobile communication Softwares and services (hereinafter referred to as “Services”).

TYXIT is committed to protecting the privacy and security of your personal information. This Privacy Policy informs You about the collection, use and disclosure of personal data when You use our Service and the choices You have associated with that data.

We use your data to provide and improve the Service. By using Our Services, You agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use, accessible from the Website.

DEFINITIONS

Account: means a unique account created for You to access our Service or parts of our Service.

Child: a natural person under the age of 16.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement): refers to TYXIT SA, rue de galilée 7, 1400 Yverdon-les-bains, Switzerland, registered under the number CH-550-1185270-2.

Cookies: Cookies are small files stored on your device: computer or mobile device.

Country: refers to Switzerland

Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information is, or will be, processed. For the purpose of this Privacy Policy, We, TYXIT SA, are a Data Controller of your Personal Data.

Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User): Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Desktop App: refers to the SONIXApp version available on personal computers

Mobile App: refers to the SONIXApp mobile version available on Apple store and Google play or by other mean

Personal Data: Personal Data means data about a living individual who can be identified from that data.

Services: refers to the Website and the Software operated by TYXIT SA.

Service Provider: means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Software: refers to the computer’s program operated by TYXIT SA.

Third-party Social Media Service: refers to any Website or any social network Website through which a User can log in or create an account to use the Service.

Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit or the duration of a communication).

Website: refers to TYXIT or SONIX, accessible at www.TYXIT.com and www.sonixapp.com respectively

You: means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

COLLECTING AND USING YOUR PERSONAL DATA

Why do We collect Your personal data? We want to give you the best experience, and for that We collect several different types of information to provide and improve Our Services to You. The types and list of DATA are:

PERSONAL DATA

While using our Service, in compliance with Article 13 of the GDPR, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You (“Personal Data”). Personally identifiable information may include, but is not limited to:

Contact info

Name: such as first and last name
Email address: Including but not limited to a hashed email address

Payment information

We use third party payment service providers (like Apple Pay, Google Pay and Stripe), globally recognized as being extremely professional and robust. In order to perform the payment, You will need to provide information so as to perform this payment.
TYXIT does not collect and store any of that information. All that information is handled by our payment service providers. Typical information that will be required to provide to perform the payments are:
- Name
- Email address
- Payment information such as debit or credit card number or any other payment method proposed
- Physical address, such as home address, physical address, or mailing address, as it is required by state law, to be able to define the suitable taxes amount on the purchased goods

We DO NOT collect any information linked to credit of financial information Such as salary, income, assets, debts, or any other financial information

Location, and network information

In order for TYXIT to provide an optimal audio, video and chat communication service and optimize it over time, we need to collect some information the following location and network information:

Your Internet Protocol (IP) address, used in order to perform our “ultra-low latency communication mode” called blue call inside the SONIXApp. This location information is not extremely precise and falls under the “coarse location” or “approximate location”. We DO NOT store this information, we only use it to establish connection between users.
Network information such as ping, jitter and percentage of data packet loss. Those information are used to optimize our communication latency but also to educate users on those very important information about their network quality. Those three informations are being displayed in your profile during the blue call and seeing by any other user that participate to a call with You

Sensitive information

We DO NOT collect information such as racial or ethnic data, sexual orientation, pregnancy or childbirth information, disability, religious or philosophical beliefs, trade union membership, political opinion, genetic information, or biometric data

Contacts

In You Desktop and Mobile App you will be able to invite your contact to join and connect in the SONIXApp. To simplify Your invitation process, the App will propose You to search from your contact list the user’s phone and address book

User content

SONIXApp is a communication App designed for users to have effective communication over time. For this You can create public or private groups (called crews), where You can chat in a permanent chat, share images, files or videos, make instant audio and video calls and write information on a whiteboard. They can also get digital assets to customize their App with for example background wallpaper, badges and other digital assets.

Live video and audio communication content are not collected and neither stored by Us.
Text Messages: Including subject line, sender, recipients, and contents of the email or message. Text message can be a private message between two users or amongst a group of users. The App is designed so that the user has history of the chat, therefore this chat information, being text, image, file, audio data, photos or video are being stored by TYXIT, for the purpose of providing this “history” information to users.
Customer Support: Data generated by the user during a customer support request. When you send us a bug report from the App, the information provided are being collected for the purpose of helping the development team to resolve quickly the problem

Our Software provides the capability to upload certain personally identifiable information such as your profile picture. You may or may not provide that information. We do not limit the use of our platform to users providing profile pictures.

Browsing history and cookies

We use cookies and similar tracking technologies to track the activity on our Service and We hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a Website and stored on your device. Other tracking technologies can be also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.

The cookies are indicated by the banner that appears when the User connects to the site.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, some cookies are essential. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Examples of Cookies We use:

Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.

Search history

Such as Information about searches performed in the app. We DO NOT collect this information.

Identifiers

User ID: Such as screen name, handle, account ID, assigned user ID, customer number, or other user- or account-level ID that can be used to identify a particular user or account. We collect and store the available information that You used to sign-in in the App. Indeed, for example as a communication App we need to link your email address to a username, making sure that when you invite a friend in the App you referral code is well connected to your account.

Device ID: To improve the performance of the App, especially on the processing power and network capability side of it, we may collect information linked to the App performance such as the type of device (windows PC, Mac PC, IOS mobile or Android mobile), its model or it processing and network connectivity performance indicators. We need to collect your Device ID if you are using the App on multiple devices. We use it to be able to send You push notifications, to track Your app version/type and to distinguish multiple user sessions from different devices. We store this information for 60 days maximum from the time you stop using the App.

Purchases

Individual purchase History is collected, such as an account’s or individual’s purchases or purchase tendencies. That is done to be able to show You your own purchase history directly in the App, but also to propose You some more personalized content based on your past purchase history.

11. App Usage Data

In order to optimize the user experience and the overall performance of the App, We collect general statistical information on the usage of the App such as the user activity (number of session audio, video and chat sessions, the duration of the sessions, the number of users in the session).
The App is designed so that users can invite other friends to join it, and by doing so, rewarding both parties with rewards, in the form of Xcoins. The relationship between users in that regard is then collected, in order to provide the associated rewards

Advertising data

In-App advertising: based on either your content, your in-App preferences, previous in-App purchase or Device performances, We may be providing you specific in-App advertising, for example highlighting a specific digital asset or content creator in the marketplace or promoting a specific internet provider offer or other advertising that we identify that should benefits You.
Email advertising: TYXIT will not send you personalized solicitations by email if you have not consented to them. The only exception is if the User is already a customer of TYXIT and for the sole purpose of the prospecting is to suggest similar products or services. The User may in any case, can oppose the receipt of such solicitations by taking the following actions:
- When creating the account, tick the boxes related to prospecting to “no”
- by following the unsubscribe link in the footer of the emails We send.
- by contacting us by email: privacy@TYXIT.com

App diagnostic

Crash Data: we have added a system to automatically log and report in-App issues, specifically when the App crashes during an audio/video call. When this happens and in order to identify the source of the issue and solve it eventually, we collect the following information from the Users: Username, IP address and internal App logs.

USE OF DATA

TYXIT relies on legal justifications (each called a legal basis) to process your personal information to the extent permitted by data protection law. In order to help you understand the table, here is a general description of each “legal basis”:

Contractual execution: When TYXIT (or a third party) is required to process your personal data in order to: perform its contractual obligations to you. For example: To provide customer support.

Legitimate interest: When TYXIT (or a third party) wishes to use your Personal Data in a specific way, which is necessary and justified, taking into account any possible risks for you or other TYXIT users. For example, using your Usage Data to improve the TYXIT Service for all users.

Consent: When TYXIT requests your explicit consent to allow us to use your personal data for a certain purpose(s). For example, allowing us to send you our newsletter.

Why do We use your personal data?What are our reasons and what are the legal bases ?To provide and maintain our ServiceContractual executionTo notify You about changes to our ServiceContractual executionTo allow You to participate in interactive features of our Service when You choose to do soContractual executionTo provide customer supportContractual executionTo gather analysis or valuable information so that We can improve our ServiceLegitimate interest of TYXIT in order to improve the quality of the serviceTo monitor the usage of our ServiceLegitimate interest of TYXIT in order to improve the quality of the serviceTo detect, prevent and address technical issuesLegitimate interest of TYXIT in order to improve the quality of the serviceTo provide You with news, special offers and general information about other good, services and events which We offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such informationConsent and Legitimate interest of TYXIT in order to improve the quality of the service

We may also ask for your consent to process your personal information for a specific purpose that We communicate to you. When You consent to our processing your personal information for a specified purpose, You may withdraw your consent at any time and We will stop the processing of your data for that purpose.

RETENTION OF DATA

TYXIT will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy and our terms of use/services. We will retain and use your Personal Data to the extent necessary to comply with legal obligations (for example, if We are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

TYXIT will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or We are legally obligated to retain this data for longer periods.

TRANSFER OF DATA

The Company processes your information, including Personal Data, at its operating offices and any other location where the parties involved in the processing are located. As a result, this information is likely to be transferred to and maintained on computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those in Your jurisdiction.

In accordance with the regulations, TYXIT implements all the procedures required to obtain the necessary guarantees for the security of such transfers. The transfer of data outside the EU is governed by standard contractual clauses. You can access these clauses by contacting Us at the following address : privacy at tyxit.com

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

TYXIT will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

DISCLOSURE OF DATA

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Example:

When connecting to our Service, We must retain and, if necessary, disclose connection and identification data in accordance with the Swiss Federal Act on the Surveillance of Postal and Telecommunications Traffic (BÜPF) and the associated ordinance (VÜPF).
The Federal Act on Combating Money Laundering and Terrorist Financing (Money Laundering Act, AMLA) requires Us to retain customer and transaction data for a specific period of time

Other legal requirements

TYXIT may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation, i.e: if We need to provide your information to the authorities in case of intellectual property right infringements.
To protect and defend the rights or property of TYXIT.
To prevent or investigate possible wrongdoing in connection with the Services.
To protect the personal safety of users of the Services or the public.
To protect against legal liability.

SECURITY OF DATA

The security of your data is important to Us, We take all useful precautions to preserve the security and confidentiality of data and in particular to prevent them from being distorted, damaged, or accessed by unauthorized third parties. However, no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee its absolute security.

Good online security requires a combination of practices by companies using Internet services and informed behavior by users. Below are some tips to follow to maximize your security when using our Services.

Password tips:

Always use a strong password. Combine special characters, upper case and lower case characters, numbers.
Never use your TYXIT password with other online accounts.
Change your password regularly and avoid reusing old passwords.

Account tips:

If You abandon an email address or phone number associated with your Account, be sure to update your Account with current information as soon as possible.
By signing in via your Gmail account, set up two-factor authentication to add an extra layer of security to your account.
Avoid phishing scams. Don’t click links in suspicious email or text messages and never provide personal information on any Website You aren’t certain is legitimate.
Don’t share your TYXIT ID with other people, even family members.
When using a public computer, always sign out when your session is complete to prevent other people from accessing your account.

YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

TYXIT aims to take reasonable steps to allow You to correct, amend, delete or limit the use of your Personal Data.

In certain circumstances, You have the following data protection rights:

The right to access, update or delete the information We have on you. Whenever made possible, You can access, update or request deletion of your Personal Data directly within your account settings section. If You are unable to perform these actions yourself, please contact Us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that We restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information We have on You in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where TYXIT relied on your consent to process your personal information.

The deletion of your account and your data is done directly on your account or by contacting us at privacy@TYXIT.com.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist Us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Notice : See cookie policy for third service provider

LINKS TO OTHER SITES

Our Service may contain links to other sites that are not operated by us. If You click a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHILDREN’S PRIVACY

Our Service does not address anyone under the age of 16.

Protecting the privacy of young Children is especially important. For that reason, TYXIT does not knowingly collect or maintain personal information from persons under 16 years-of-age. TYXIT will take appropriate steps to delete any personal information collected on or through Our Services if TYXIT learns that it has been collected by persons under 16 years of age.

IF YOU ARE UNDER 16 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE TYXIT SERVICES AT ANY TIME OR IN ANY MANNER.

If You are the parent or legal guardian of a Child under 16 who has become a TYXIT member, then please contact Us at privacy@TYXIT.com to have that child’s account terminated and personal information deleted.

CHANGES TO THIS PRIVACY POLICY

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT US

If You have any questions about this Privacy Policy, please contact us:

By email: info at tyxit.com

Any request addressed to: info at tyxit.com, privacy at tyxit.com, moderation at tyxit.com, iprights at tyxit.com

This Privacy Policy is available online at https://sonixapp.com/privacy-policy/

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