Privacy Policy
This Privacy Policy applies to fenixdigitaltech.com and Fenix Digital Technology websites, services, and products that collect data and display this policy. This Privacy Policy does not apply to any Fenix service, or product that does contains its own privacy policy, notice, or policy.
Fenix Digital Technology (“Fenix Digital”, "Fenix" or “We”) is committed to protecting and securing your personal data in a number of ways, including using appropriate technical and organizational measures to protect against the loss, misuse, and unauthorized alteration of data in our systems.
Websites maintained by us are not directed to anyone under the age of 16. We will not knowingly collect personal data from anyone under the age of 16. We do not publish text, images or multimedia content that portray nudity, foul language, violence or other information not suitable for children.
By using our website or any of our products, services or software applications (collectively, the "Services"), or if you simply visit our website, you agree to the terms of this Privacy Policy and, where applicable, the Terms of Use.
How we collect information from you
We collect data from you, which may include personally identifiable information. Sometimes this is done indirectly through cookies, beacons, tags, and scripts, and sometimes it is done directly through registration actions, downloading software from our plugin shop, or when you need to update the Services.
"Cookie" is a small text file that is stored on a user's computer or mobile device when you visit a website. Please visit our Cookie Policy for more information on what cookies we use and how to control them on our website and apps.
We also track clicks in the emails we send using transparent images in our HTML emails and use this data to update user profiles, identify the most interesting areas for individuals who have opted-in to receive emails and personalise emails.
In addition, session variables in your system's cache may be temporarily used to facilitate the use of your transactions with our Services. Examples of such information include automatically generated alphanumeric numbers stored during your session on our Services to facilitate transactions from one page to another. We only store name, email, phone number, address, company name, or any other identifying information for licensed users; no information is stored for others unless otherwise stated in this policy.
We and our third-party tracking partners use software called transparent images (also known as web beacons/web bugs) to help us better manage content on our website by telling us what content is effective. Transparent images are tiny graphic objects with a unique identifier that perform a function similar to cookies and are used to track the online movements of website users. Unlike cookies, which are stored on the hard drive of a user's computer, transparent images are embedded invisibly on web pages and are about the size of the dot at the end of this sentence.
We do not track users when they navigate to third party websites, do not provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. We may also collect your personal information directly, for example, through our applications or as necessary to respond to support enquiries.
When you use our Services or provide personal information to us directly, we believe that you have consented to the collection and storage of your personal information in the United States, and Europe in accordance with this Privacy Policy. We use your personal information only to help us improve our site and the work we do for you.
How we use your information
We use your data to help us improve our products and services. For example, improving the user interface of the Plugin Store, the usefulness of our websites, feature updates, sales responses, technical support, etc...
How we share your information with third parties
We will never resell your information to third parties. We sometimes share your information with third parties to provide you with a better user experience or to provide you with a requested product or service; for example, we share information with Wise, Stripe (payment processing), Front App (technical support), Google Analytics (to improve our website) and third-party shop plugin developers (because we have purchased or received their plugin).
Where possible, we will restrict, anonymise or otherwise separate your identity from the data we transmit, but in some cases this may not be possible, for example, when processing credit card payments and technical support. Any third parties with whom we interact may not use any directly identifiable data other than to provide specific agreed services.
We also contract with certain third parties for Web-based services that include email delivery and content streaming, which may collect certain visitor data such as IP address and pages visited. These third parties are only permitted to use this directly identifying data for the services we request and not their own marketing purposes unless you separately consent to receiving marketing under the terms provided by that third party.
We cannot control what a third party does with your personal information, so we strongly recommend that you read their privacy policies to understand the manner in which your personal information will be handled by these third parties. Some third parties are located in different jurisdictions than either you or us and thus your personal information and the protection thereof may become subject to the laws of such jurisdiction in which that third party is located.
When you click on links connected to our Services, they may direct you away from our software or website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy policys as they are third parties.
We will always ask for your consent before sharing your personal information with third parties for purposes other than those set forth herein.
In certain limited circumstances, we may also be required to share your personal information with third parties due to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. We reserve the right to disclose your personal information as required by law and where we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us.
We share your information with developers in the Plugin Store
If you install or purchase a plugin from the Plugin Store your information will be shared with the 3rd party developer for that plugin in accordance with our Terms of Use. We require all developers who distribute plugins in the Plugin Store to adhere to the terms of this Privacy Policy, but we are not liable or responsible for what they do with your information.
If you have a concern with how a 3rd party developer may use your personal information, we suggest you contact them directly.
You can request that we delete your information
At your request and where not otherwise legally required, we will delete all personal information we use about you for marketing or product development purposes. Remember that you can opt-out of receiving marketing communications at any time by emailing via contact form and including “Opt-Out of Marketing” in the subject line of your email.
At your request, we will delete all personal information from your Developer Support account or any technical support or any sales history unless we determine that we are legally permitted to retain such data. For example, if you work for an agency or an organization but you are not the owner of the license, we may be required by law to keep your technical support or sales data should a license ownership issue arise.
Please note that we will delete your ID account if requested unless you have transferred a license to a 3rd party. Once you have transferred a license to a 3rd party, we are required to retain the purchase and transaction data, which includes some of your personal information. In this case, we will disable your account but not delete it.
To request any of the above, please email via contact form.
Additional disclosures are available if you reside in the European Union.
The European Union’s General Data Protection Regulation (GDPR) and other data protection laws grant you certain rights in relation to your personal data. Where applicable to you, you can:
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ask us to rectify the personal data we hold about you
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ask us to delete your personal data
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request that we restrict the processing of your personal data
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request that we transfer your personal data to a third party.
Please note that withdrawing your consent to our processing of your data will not affect the lawfulness of any processing carried out before the withdrawal of your consent. You should also be aware that if you withdraw your consent, we may not be able to provide some of the Services to you.
Please also note that in some cases, as we have previously noted within this Privacy Policy, you are able to access, correct and update your personal data directly by logging into your account. Should you need additional assistance, please contact us at via contact form.
We cannot guarantee the absolute security of your personal data
We will take reasonable precautions to secure personal information from loss, misuse and unauthorized access, disclosure, alternation and destruction. While we follow generally accepted industry standards to secure your personal information, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.
We link to sites we don’t own or control
Our website and digital materials may contain links to other websites whose privacy practices may differ from ours. If you submit personal information to those sites, your information is governed by their privacy policies so we strongly recommend you carefully review the privacy policy of any Web site you visit.
We use social media widgets
Our Services include Social Media features including the Facebook Like button and Widgets such as the Share This button. These Features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or directly on our website. Your use of these Features and Widgets is subject to the privacy policies of the company providing it.
We use third party community tools
We offer publicly accessible third party community tools like Slack and StackExchange. If you use these tools, you should be aware that any information you provide in these areas may be read, collected, and used by others. To request removal of your personal information from these tools, please email via contact form. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
If you choose to use these tools, you will be required to login to our third party vendors site to do so. Any information you choose to submit within this section of the site will be collected and used by our vendor and is subject to their privacy policy. Please contact them directly should you have any questions or concerns regarding your information.
User agreement and terms of use of Fenix content
We understand that the terms of licensing and commercial use of content may be complex and pose some difficulties. Although this topic involves numerous nuances, and we may not always provide a clear answer to every specific situation, we aim to provide information that should be considered when using Fenix services during your project and after its completion. This applies to designs (such as templates, color schemes, font choices, print materials, photos, videos, infographics, texts, and other content, including that created using AI), as well as to the development of website and mobile app designs.
Fenix provides digital materials to clients upon the conclusion of contractual agreements for the execution of the client's project. Digital materials may include texts, design elements, images, photos, videos, infographics, color schemes, font choices, and other graphic solutions created using AI and materials from various authors, including stock.
All Fenix content is protected by copyright laws of the USA and other countries. Fenix and its participants reserve all rights not explicitly granted to you under this contract offer. This includes all copyright and intellectual property rights.
Use of Content
If your website or application has been developed by Fenix, you must include an authorship label with a link to the Fenix Digital website on all digital media where Fenix work is broadcasted (on websites, applications, and other digital media), as well as on design templates and other designs developed by Fenix. Suppose design elements, templates, or other content have been provided by Fenix. In that case include an authorship label with a link to the Fenix Digital website and co-authors on all digital media where such content is broadcasted. For example, the use of designs from the Canva service should be with the terms of that service. In other cases, you cannot broadcast, advertise, or sell Fenix content and content from other associated authors separately.
If you intend to create products for sale or to broadcast and advertise your products/services, they must have your original content/design. You cannot broadcast or sell separately the content provided by Fenix without indicating the author of the digital product. Such products are not considered your "original content" and are equated with the resale of third-party content. In all those cases, we disclaim liability for possible infringements by you of third-party rights.
It is prohibited to use Fenix content and content from associated authors to create and sell your stock content or to sell your websites, applications, website templates, and other design solutions. If you want to sell stock content, websites, applications, and templates, you must create yown gur ouns from scratch.
Special terms of use apply to Fenix content for creating templates, additional website/application pages, and digital or material products for broadcasting and sale:
To create templates, additional website/application pagans es, digital or material products for advertising or sale based on digital content developed by Fenix, you must obtain written consent from Fenix.
Some author solutions may be used for further advertising and resale only upon prior written agreement or licensing agreement. Suppose you want to broadcast author content (including templates, advertising materials, website/application pages, texts, photos, videos, infographics, color schemes, font choices, and other design solutions) containing Fenix and co-author content. In that case, you can broadcast them only by providing links to the Fenix author website and our partner-authors. In other cases, you cannot broadcast or sell Fenix content and content from other associated authors. You are responsible for familiarizing yourself with third-party terms, as we cannot advise you on these matters.
Definition of "Templates"
Templates are defined as designs with preset layouts and styles intended for further editing or modification by end users. This includes website/application page templates, banners, social media posts, presentations, documents, projects, or any other materials intended for distribution and/or sale to third parties. For example, a questionnaire is considered a template since it requires filling in information about a product or user. Fenix does not determine the exact parameters for changing the template to avoid considering its use as separate.
We understand that there may be scenarios where you have substantially altered a template or photo using AI functionality, making it no longer resemble the original. However, there are no rules determining the extent of changes to the template or photo to avoid considering its use as separate.
Language Version
The document - Privacy Policy, User Agreement and Terms of Use of Fenix Content - is available in Russian and English. The original language of this document is Russian. The document has been machine translated into English. In case of discrepancies, the Russian version of the document shall prevail. By entering into a contract or contract of offer for the provision of Fenix services, the customer agrees to the current terms and conditions of use of materials provided by Fenix.
Has there been a breach of the Privacy Policy?
If you have received unwanted, unsolicited e-mail sent by Fenix or purporting to be sent by Fenix, please forward a copy of that e-mail with your comments via contact form.
If you have questions about our privacy policy or practices, please send us an email via contact form with “Privacy Enquiry” in the subject line and provide us with detail on your question.
Updates
If we update or make changes to our Privacy Policy, we will post them here and other places we think are appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.