Privacy Policy

At EON, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use, and share your information as described in this Privacy Policy.

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Remember that your use of EON's Services is at all times subject to our Terms and Conditions, which incorporates this Privacy Policy.  Any terms we use in this Policy without defining them have the definitions given to them in the Terms and Conditions. 

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What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use our Services. “Personal Data” means any information that identifies or relates to a particular individual, household or device, and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations.  This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.

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Personal Data

Categories of Personal Data We Collect

Below details the categories of personal data that we collect and have collected over the past 12 months.

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Profile or Contact Data

1. Examples of Personal Data We Collect

(a) First and last name

(b) Email

(c) Phone number

(d) Title

(e) Unique identifiers such as passwords

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2. Categories of Third Parties with whom we Share this Personal Data

(a) Service providers

(b) Parties you authorize, access or authenticate

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Payment Data

1. Examples of Personal Data We Collect

(a) Bank account information

(b) Billing address

(c) Phone number

(d) Email

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2. Categories of Third Parties with whom we Share this Personal Data

(a) Service providers (specifically our payment processing partner, currently billing.com

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Device/IP Data

1. Examples of Personal Data We Collect

(a) IP address

(b) Device Serial Number

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2. Categories of Third Parties with whom we Share this Personal Data

(a) Service providers (IP Address only)

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Geolocation Data

1. Examples of Personal Data We Collect

(a) IP-address-based location information

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2. Categories of Third Parties with whom we Share this Personal Data

(a) Service providers

(b) Parties you authorize, access or authenticate

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Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

You

1. When you provide such information directly to us.

• When you use our interactive tools and Services.
• When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
• When you send us an email or otherwise contact us.

2. When you use the Services and such information is collected automatically.

• Through Cookies (defined in the “Tracking Tools and Opt-Out” section below).
• If you download our mobile application or use a location-enabled browser, we may receive information about your location and mobile device, as applicable.
• If you use, download, or install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services.

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Third Parties

1. Vendors

• We may use analytics providers to analyze how you interact and engage with the website, Services, or third parties, and third parties engaged by us may collect Personal Data about you in the course of helping us provide you with customer support and other services.

Our Commercial or Business Purposes for Collecting Personal Data

1. Providing, Customizing, and Improving the Services

• Processing orders or other transactions; billing.
• Providing you with the products, services, or information you request.
• Meeting or fulfilling the reason you provided the information to us.
• Providing support and assistance for the Services.
• Improving the Services, including testing, research, internal analytics, and product development.
• Personalizing the Services, website content, and communications based on your preferences.
• Supporting fraud protection, security, and debugging.
• Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the “CPRA”) and the E.U. or UK General Data Protection Regulation (“GDPR”).

2. Marketing the Services

• Marketing and selling the Services.

3. Corresponding with You

• Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about EON or the Services.
• Sending emails and other communications according to your preferences or that display content that we think will interest you.

4. Meeting Legal Requirements and Enforcing Legal Terms

• Fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting, and investigating security incidents and potentially illegal or prohibited activities.
• Protecting the rights, property or safety of you, EON, or another party.
• Enforcing any agreements with you.
• Responding to claims that any posting or other content violates third-party rights.
• Resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.

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How We Share Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section.  Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data.  For more information, please refer to the state-specific sections below.

Service Providers.  These parties help us provide the Services or perform business functions on our behalf.  They include:

(a) Hosting, technology, and communication providers.

(b) Payment processors.

• Our payment processing partner bill.com collects your voluntarily-provided payment information necessary to process your payment.
• Please see Bill.com’s terms of service and privacy policy for information on its use and storage of your Personal Data.

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Legal Obligations

We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above. 

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy, or other transaction in which that third party assumes control of our business (in whole or in part).  Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

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Data that is Not Personal Data

We may create aggregated, de-identified, or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user.  We may use such aggregated, de-identified, or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.

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Tracking Tools and Opt-Out

The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services.  Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services.  Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time.

We use the following types of Cookies:

• Essential Cookies.  Essential Cookies are required for providing you with features or services that you have requested.  For example, certain Cookies enable you to log into secure areas of our Services.  Disabling these Cookies may make certain features and services unavailable.
• Performance/Analytical Cookies.  Performance/Analytical Cookies allow us to understand how visitors use our Services.  They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services.  Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.  For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services.  Google’s ability to use and share information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms and Conditions and the Google Privacy Policy.  You have the option to opt-out of Google’s use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

You can decide whether or not to accept Cookies through your internet browser’s settings.  Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways.  You can also delete all Cookies that are already on your device.  If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work. 

To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu.  To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/ or https://ico.org.uk/for-the-public/online/cookies/ if you are located in the European Union.

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Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational, and administrative security measures based on the type of Personal Data and how we are processing that data.  Although we work to protect the security of your data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as necessary to provide you with our Services.  In some cases, we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation.  We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

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Personal Data of Children

As noted in the Terms and Conditions, we do not knowingly collect or solicit Personal Data about children under 16  years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any Personal Data.  If we learn we have collected Personal Data from a child under 16 years of age, we will delete that information as quickly as possible.  If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at  privacy@eongroup.co.

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Your Choices

If you use one of our Services, you can stop all collection of information by the Service by ceasing to use it.  If you would like to modify or delete certain Personal Data provided to us, you may be able to do so via the Service (though please note that we may require certain Personal Data in order to provide the Service).  You can also withdraw your consent to the collection of your physical location information from your mobile device at any time by disabling or changing the related functionality or setting in your mobile device.

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California Resident Rights

If you are a California resident, you have the rights set forth in this section, subject to certain limitations.  Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights.  Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers.  If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following rights apply to you, please contact us at privacy@eongroup.co.

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1. Access

You have the right to request the following information about our collection and use of your Personal Data over the past 12 months:

• The categories of Personal Data that we have collected about you.
• The categories of sources from which that Personal Data was collected.
• The business or commercial purpose for collecting or selling your Personal Data.
• The categories of third parties with whom we have shared your Personal Data.
• The specific pieces of Personal Data that we have collected about you.
  

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, upon request we will identify the categories of Personal Data shared with each category of third party recipient.  If we have sold your Personal Data over the past 12 months, upon request we will identify the categories of Personal Data sold to each category of third party recipient.

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2. Deletion

You have the right to request that we delete the Personal Data that we have collected about you.  Under the CPRA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other action you have requested, if deletion of your Personal Data involves disproportionate effort, or to comply with applicable law.  If your deletion request is subject to one of these exceptions, we may deny your deletion request. 

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3. Correction

You have the right to request that we correct any inaccurate Personal Data we have collected about you. Under the CPRA, this right is subject to certain exceptions: for example, if we decide, based on the totality of circumstances related to your Personal Data, that such data is correct.  If your correction request is subject to one of these exceptions, we may deny your request. 

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4. Exercising Your Rights

To exercise certain of the rights described above, please see “Your Choices” above. Alternatively, you may submit a request using the following methods:

• Email us at: privacy@eongroup.co
  

Please note that we may require additional information from you in order to honor your request, and there may be circumstances in which we will not be able to honor your request.

5. Personal Data Sales Opt-Out and Opt-In

We do not sell your Personal Data.

Personal Data Sharing Opt-Out and Opt-In

Under the CPRA, California residents have certain rights when a business “shares” Personal Data with third parties for purposes of cross-contextual behavioral advertising.  We do not share your Personal Data for cross-contextual behavioral advertising.  To our knowledge, we do not share the Personal Data of minors under 16 years of age. 

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6. We Will Not Discriminate Against You for Exercising Your Rights Under the CPRA

Consumers have the right not to be discriminated against for exercising their CPRA rights.  We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CPRA.

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Exercising Your Rights under CCPA/CPRA

To exercise the rights described in this Privacy Policy, you or, if you are a California resident, your Authorized Agent (defined below) must send a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it.  Each request that meets both of these criteria will be considered a “Valid Request”.  We may not respond to requests that do not meet these criteria.  We will only use Personal Data provided in a Valid Request to verify your identity and complete your request.  You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within the time period required by applicable law.  We will not charge you for a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded.  If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

• Email us at:  privacy@eongroup.co
• Submit a request at this address: Attn: Data Privacy Team, 11 West 30^th Street, 6th Floor, New York, NY 10001, USA

If you are a California resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf.  To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

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Other State Law Privacy Rights

1. California Resident Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at privacy@eongroup.co. 

2. Nevada Resident Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data.  Please note, we do not believe we “sell” Personal Data as that term is defined under Nevada Revised Statutes chapter 603A (Security and Privacy of Personal Information.

3. Colorado Resident Rights

If you are a resident of Colorado, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data.  Please note, we do not believe we “sell” Personal Data as that term is defined under Colorado’s Privacy Act SB21-190.

If you are a Colorado resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf.  To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

4. Connecticut Resident Rights

If you are a resident of Connecticut, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data.  Please note, we do not believe we “sell” Personal Data as that term is defined under Connecticut’s Personal Data Privacy and Online Monitoring Act.

If you are a Connecticut resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf.  To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

5. Virginia Resident Rights

If you are a resident of Virginia, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data.  Please note, we do not believe we “sell” Personal Data as that term is defined under Virginia’s Chapter 53 Consumer Data Protection Act § 59.1-575.

6. Utah Resident Rights 

If you are a resident of Utah, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data.  Please note, we do not believe we “sell” Personal Data as that term is defined under Utah’s Consumer Privacy Act SB 227.

7. Oregon Resident Rights

If you are a resident of Oregon, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data.  Please note, we do not believe we “sell” Personal Data as that term is defined under Oregon’s Consumer Privacy Act SB 619.

If you are an Oregon resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf.  To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

8. Texas Resident Rights

If you are a resident of Texas, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data.  Please note, we do not believe we “sell” Personal Data as that term is defined under the Texas Data Privacy and Security Act HB 4.

If you are a Texas resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf.  To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

9. Montana Resident Rights

If you are a resident of Montana, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data.  Please note, we do not believe we “sell” Personal Data as that term is defined under the Montana Consumer Data Privacy Act SB 384.

If you are a Montana resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf.  To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

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European Union, European Economic Area, and United Kingdom Data Subject Rights

1. EU, EEA, and UK Residents

If you are a resident of the European Union (“EU”), European Economic Area (“EEA”) Lichtenstein, Norway, Sweden, or Iceland, or the United Kingdom (“UK”), you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  For Personal Data collected through our website eon.xyz, EON will be the controller of your Personal Data.  In nearly all other cases, such as Personal Data processed in connection with EON Cloud Platform, EON Exchange, or any other Services subject to a contractual agreement, EON will be the Processor.

If there are any conflicts between this this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this section or whether any of the following applies to you, please contact us at privacy@eongroup.co.  Note that we may also process Personal Data of our customers’ end users or employees in connection with our provision of certain services to customers, in which case we are the processor of Personal Data.  If we are the processor of your Personal Data (i.e., not the controller), please contact the controller party in the first instance to address your rights with respect to such data.

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2. Personal Data We Collect

The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.

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3. Personal Data Use and Processing Grounds

The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data.

We will only process your Personal Data if we have a lawful basis for doing so.  Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

(a) Contractual Necessity:  We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms and Conditions with you, which enables us to provide you with the Services.  When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

• Profile or Contact Data
• Payment Data
• Device/IP Data
• Geolocation Data

(b) Legitimate Interest:  We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties: 

• Profile or Contact Data
• Payment Data
• Device/IP Data
• Geolocation Data
• We may also de-identify or anonymize Personal Data to further our legitimate interests.

Examples of these legitimate interests include (as described in more detail above):

• Providing, customizing and improving the Services.
• Marketing the Services.
• Corresponding with you.
• Meeting legal requirements and enforcing legal terms.
• Completing corporate transactions.

(c) Consent:  In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data.  When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. 

(d) Other Processing Grounds:  From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

4. Sharing Personal Data

The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties. 

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5. EU Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below.  To exercise certain of these rights, please see “Your Choices” above.  For more information about these rights, or to submit a request, please email us at privacy@eongroup.co.  Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

• Access:  You can access the Personal Data we hold about you and request a copy of such Personal Data. 
• Rectification:  You may correct or supplement Personal Data we hold about you. 
• Erasure:  You may be able to erase (or you can request that we erase) some or all of your Personal Data from our systems.  
• Withdrawal of Consent:  If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time.  Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
• Portability:  You can ask for a copy of your Personal Data in a machine-readable format.  You can also request that we transmit the data to another controller where technically feasible.
• Objection:  You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes. 
• Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
• Right to File Complaint:  You have the right to lodge a complaint about EON's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.  A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

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6. Transfers of Personal Data

The Services are hosted and operated in the United States (“U.S.”) through EON and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside.  By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to EON in the U.S. and will be hosted on U.S. servers, and you authorize EON to transfer, store and process your information to and in the U.S., and possibly other countries.  In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses.

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Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the EON website, by sending you an email and/or by some other means.  If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.  Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

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Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• https://www.eon.xyz
• privacy@eongroup.co
• security@eongroup.co
• EON Group Holdings Inc., 11 West 30^th Street, 6^th Floor, New York, NY 10001, USA