Join as a Patient
END USER LICENSE AGREEMENT
This End User License Agreement (this “Agreement”) is a legal contract between Tranx Solutions LLC, a Florida limited
liability company, d/b/a Tranx Financial Services (“Tranx” “We,” “Us” or “Our”) and you (“You”).
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR
INSTALLING OR USING OUR NADAPAY SOFTWARE APPLICATION FOR PAYMENT PROCESSING AND
IDENTITY VERIFICATION SOFTWARE APPLICATION ACCOMPANIED BY THIS AGREEMENT (THE “APP”). BY
DOWNLOADING AND/OR USING THE APP, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
Section 1. License Grant. The App is copyrighted
and it is licensed under the terms and conditions of this
Agreement. TO BE CLEAR, THIS APP IS LICENSED
TO YOU, NOT SOLD. Subject to You remaining in full
and ongoing compliance with the terms and conditions
of this Agreement, including payment of any applicable
license and service fees, We hereby grant to You, and
You accept, a personal, limited, nonexclusive, non-
transferable, non-assignable, revocable license to use
the App during the Term in machine-readable, object
code form only on one (1) device, and only as
authorized in this Agreement. For purposes of this
Agreement, the term “App” includes Our software, and
any enhancements, updates, maintenance releases,
modifications, revisions, or additions (collectively
“Updates”) to the App provided by Us and made
available to You. Notwithstanding the foregoing, we
shall be under no obligation to provide You with any
Updates to the App.
Section 2. Scope of Use.
2.1. The license to use the App is conditioned on
the following license restrictions, and any use of the
App in violation of any of these restrictions, or any of
the other terms of this Agreement is a breach of this
Agreement.
2.2. You must be at least twenty-one (21) years of
age at the time of download to use the App. Installation
of the App on a network server solely for distribution to
other computers is strictly prohibited.
2.3. Except as this Agreement expressly permits,
You shall not, and shall not permit any other person to:
(a) copy the App, in whole or in part; (b) modify, correct,
adapt, translate, enhance or otherwise prepare
derivative works or improvements of the App or any
part thereof; (c) rent, lease, lend, sell, sublicense,
assign, distribute, publish, transfer or otherwise make
the App available to any other person, including on or
in connection with the Internet or any time-sharing,
service bureau, software as a service, cloud or other
technology or service; (d) reverse engineer,
disassemble, decompile, decode or adapt the App, or
otherwise attempt to derive or gain access to the
source code of the App, in whole or in part; (e) bypass
or breach any security device or protection used for or
contained in the App; (f) remove, delete, efface, alter,
obscure, translate, combine, supplement or otherwise
change any trademarks, warranties, disclaimers, or
Intellectual Property Rights (as defined below),
proprietary rights or other symbols, notices, marks or
serial numbers on or relating to any copy of the App;
(g) use the App in any manner or for any purpose that
infringes, misappropriates or otherwise violates any
Intellectual Property Right or other right of any person,
or that violates any applicable law (including any laws
regarding the export of data or software to and from the
US or other countries); (h) use the App for purposes of:
(1) benchmarking or competitive analysis of the App;
(2) developing, using or providing a competing
software product or service; or (3) any other purpose
that is to Our detriment or commercial disadvantage; or
(i) use the App in any manner or for any purpose or
application not expressly permitted by this Agreement.
2.4. The App may contain technological measures
designed to prevent unauthorized or illegal use. For
instance,
the App may be protected by digital rights
management software (“DRM Software”). In such
case, you hereby agree, acknowledge and consent to
the following regarding the DRM Software: (i) the
installation of the App will cause the DRM Software to
be installed on your computer or mobile device; (ii) the
DRM Software may limit the number of installations of
the App; (iii) the DRM Software may install on your
mobile device additional components required for copy
protection; and (iv) during the installation and/or the
first launch of the App, an online connection may be
required to unlock the App through the DRM Software.
In no event shall We be liable to You in connection with
the components that may be installed on your
computer or mobile device by any DRM Software.
You
acknowledge and agree that: (a) We may use these
and other lawful measures to verify your compliance
with the terms of this Agreement and enforce Our
rights, including all Intellectual Property Rights, in and
to the App; (b) notwithstanding any other remedy at law
or equity, We may deny any person access to and/or
use of the App if, in Our sole discretion, We believe that
such person's use of the App would violate any
provision of this Agreement; and (c) We and Our
personnel may collect, maintain, process and use
diagnostic, technical, usage and related information,
including information about your computers, mobile
devices, systems and software, that We may gather
periodically to improve the performance of the App or
develop Updates.
2.5
To use the App on a mobile device, you must
have access to an electronic communication network.
The connection costs (including but not limited to
mobile providers’ and/or carriers’ costs), shall be
exclusively borne by You. You acknowledge that the
quality of the App, the response time or access to
certain features may depend on the capacities of Your
communication network. Tranx may in no case be held
responsible for reduced user comfort. You
acknowledge that the App may not be available for use
on every type of mobile devices or through all carriers
or network service providers.
Section 3. Term / Termination.
3.1. The term of this Agreement will commence on
the date You download the App (“Effective Date”) and
will continue in effect until You or We terminate your
account (the “Term”).
3.2. You may terminate this Agreement at any time
by uninstalling the App.
3.3. We may terminate this Agreement at any time
if You: (i) violate any provision in this Agreement or (ii)
fail to pay any fee associated with the App, and do not
cure the failure within ten (10) days following receipt of
Our written notice of default.
3.4.
3.5. Upon the termination of this Agreement: (a) all
rights, licenses and authorizations granted to You
hereunder will immediately terminate and You shall: (1)
immediately cease all use of and other activities with
respect to the App; (2) within fifteen (15) days, deliver
to Us, or at Our written request, destroy, and
permanently uninstall the App from your device; and
(3) pay all amounts due and payable (if any) by You to
Us of any kind no later than ten (10) days after the
effective date of the termination of this Agreement.
Section 4. Disclaimer.
4.1.
EXCEPT AS EXPRESSLY SET
HEREIN, YOU UNDERSTAND,
ACKNOWLEDGE AND AGREE THAT THE APP IS
PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO
REPRESENTATION OR WARRANTY TO YOU,
EXPRESS OR IMPLIED, WITH RESPECT TO THE
APP, INCLUDING ANY REPRESENTATION OR
WARRANTY AS TO THE APP’S CONDITION,
QUALITY, FITNESS FOR USE OR THAT THE APP IS
APPROPRIATE FOR YOUR PARTICULAR
PURPOSE OR WILL MEET YOUR PERSONAL
REQUIREMENTS, OR ANY REPRESENTATION OR
WARRANTY RESPECTING THE APP'S
MERCHANTABILITY.
4.2. YOU UNDERSTAND AND ACKNOWLEDGE
THAT NO INTERNET SERVICE IS COMPLETELY
SECURE FROM THREAT AND THAT THERE ARE
RISKS INHERENT IN INTERNET CONNECTIVITY
THAT COULD RESULT IN THE LOSS OF YOUR
CONFIDENTIAL INFORMATION AND/OR
PROPERTY.
Section 5. Limitation of Damages.
5.1. NEITHER PARTY SHALL BE LIABLE TO THE
OTHER PARTY FOR ANY LOST PROFITS, OR ANY
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL LOSS OR DAMAGE OF ANY
KIND, ARISING IN CONNECTION WITH THIS
AGREEMENT, EVEN IF THE PARTY HAS BEEN
ADVISED OR SHOULD BE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES.
5.2.
YOU HEREBY AGREE TO DEFEND,
INDEMNIFY AND KEEP INDEMNIFIED TRANX AND
ITS AFFILIATES, THEIR LICENSORS AND
ASSOCIATED SERVICE PROVIDERS AND THEIR
SUBCONTRACTORS AGAINST ANY THIRD PARTY
CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES
DAMAGES AND ALL COSTS (INCLUDING
LAWYERS’ FEES), DIRECTLY OR INDIRECTLY
ATTRIBUTABLE TO YOUR FAULT AND/OR
RESULTING FROM (A) A VIOLATION OF ANY
PROVISION OF THIS AGREEMENT OR (B) YOUR
USE OR MISUSE OF THE APP.
In the event that either party files for protection
under U.S. bankruptcy laws, makes an assignment for
the benefit of creditors, appoints or suffers appointment
of a receiver or trustee over its property, files a petition
under any U.S. bankruptcy or insolvency act or has any
such petition filed against it which is not discharged
within one hundred eighty (180) days of the filing
thereof, then the other party may terminate this
Agreement effective immediately upon written notice to
such party.
FORTH
5.3 NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS AGREEMENT, OUR MAXIMUM
AGGREGATE MONETARY LIABILITY UNDER ANY
THEORY OF LAW (INCLUDING BREACH OF
CONTRACT, TORT, STRICT LIABILITY AND
INFRINGEMENT) SHALL NOT EXCEED $1,000.00.
Section 6. Intellectual Property Rights. You
acknowledge and agree that: (a) the App is licensed,
not sold, to You, and You do not and will not have or
acquire any ownership interest in the App, or in any
related Intellectual Property Rights; (b) We are, and will
remain, the sole and exclusive owner of all right, title
and interest in and to the App, including all Intellectual
Property Rights relating thereto, subject only to the
limited license granted to You under this Agreement;
and (c) nothing herein transfers or assigns, or will be
deemed to transfer or assign, any such Intellectual
Property Rights in the App to You. For purposes of this
Agreement, “Intellectual Property Rights” means any
and all registered and unregistered rights granted,
applied for or otherwise now or hereafter in existence
under or related to any patent, copyright, trademark,
trade secret, or other intellectual property rights laws in
any jurisdiction in the world.
YOU EXPRESSLY ACKNOWLEDGE THAT
TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW YOUR USE OF THE APP IS AT
YOUR OWN RISK.
Section 7. General Terms.
7.1. Except as otherwise expressly provided herein,
no amendment of this Agreement shall be binding upon
either party hereto unless such amendment is set forth
in a writing and executed by both parties hereto. Any
waiver of any breach of any provision of this Agreement
shall only be effective if in a writing and executed by
both parties hereto and only to the extent specifically
set forth in such writing.
7.2. You shall not assign this Agreement or any part
thereof to a third party, and any such assignment, or
attempted assignment, will be null and void.
7.3. This Agreement constitutes the entire
understanding between the parties hereto with respect
to the subject matter hereof. The parties hereto agree
that this Agreement supersedes and replaces any and
all other agreements, whether oral or in writing,
regarding the subject matter hereof.
7.4. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their
successors and authorized assigns. No other person
or entity is an intended third-party beneficiary of, or
shall be deemed to be a third party beneficiary of, any
of the terms and conditions of this Agreement.
7.5. In the event any one or more of the provisions
contained in this Agreement should be determined by
a court of competent jurisdiction to be invalid, illegal or
unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained
herein shall not in any way be affected or impaired
thereby, and the parties hereto agree to negotiate in
good faith to replace such invalid, illegal or
unenforceable provision with a replacement provision
to carry out the intent of such provision to the fullest
extent lawful.
7.6. This Agreement is governed by and construed
in accordance with the internal laws of the State of
Florida without regard to any choice or conflict of law
provision or rule that would require or permit the
application of the laws of any jurisdiction other than
those of the State of Florida.
7.7. We shall not be in default of any obligation
under this Agreement if the failure to perform the
obligation is due to any event beyond Our control,
including significant failure of a part of the power grid,
significant failure of the Internet, failure of third party
tools and services used to provide the App, natural
disaster, war, riot, insurrection, pandemic, terrorist
activity and events related thereto, strikes or other
organized labor action, or other events of a similar
magnitude or type.
7.8. In disputes concerning this Agreement, We
shall be entitled to the costs of collection, enforcement,
and injunctive relief, including reasonable attorneys’
fees and court costs, and all necessary expenses,
regardless of whether litigation is commenced.
7.9. The definitions in this Agreement shall apply
equally to both the singular and plural forms of the
terms defined. Whenever the context may require, any
pronoun shall include the corresponding masculine,
feminine and neuter forms. The words “include,”
“includes” and “including” shall be deemed to be
followed by the phrase “without limitation.” Unless
otherwise specifically indicated, the word “or” shall be
deemed to be inclusive and not exclusive.
7.10 You understand and acknowledge that We
may use third party service provider(s) as We deem
necessary or desirable to provide Our services to You
under this Agreement.
7.11
The App is subject to all applicable export
restrictions. You must comply with all export and import
laws and restrictions and regulations of any United
States and foreign agency or authority relating to the
App and Your use of the App. The App may not be re-
exported, downloaded or otherwise exported to, or
installed by a national or resident of, any country to
which the United States has embargoed goods, or to
anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Denial Orders. You represent
and warrant that You are not located in, under the
control of, or a national or resident of any such country
or on any such list.
7.12 In order to use the App, You may need to
provide us with your personal information. Our use and
protection of your personal information is governed by
our Privacy Policy, which is available for review at
https://www.tranxmedic.com/legal/privacy-policy
END USER LICENSE AGREEMENT
This End User License Agreement (this “Agreement”) is a legal contract between Tranx Solutions LLC, a Florida limited liability company, d/b/a Tranx Financial Services (“Tranx” “We,” “Us” or “Our”) and you (“You”).
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR INSTALLING OR USING OUR NADAPAY SOFTWARE APPLICATION FOR PAYMENT PROCESSING AND IDENTITY VERIFICATION SOFTWARE APPLICATION ACCOMPANIED BY THIS AGREEMENT (THE “APP”). BY DOWNLOADING AND/OR USING THE APP, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Section 1. License Grant. The App is copyrighted and it is licensed under the terms and conditions of this Agreement. TO BE CLEAR, THIS APP IS LICENSED TO YOU, NOT SOLD. Subject to You remaining in full and ongoing compliance with the terms and conditions of this Agreement, including payment of any applicable license and service fees, We hereby grant to You, and You accept, a personal, limited, nonexclusive, non- transferable, non-assignable, revocable license to use the App during the Term in machine-readable, object code form only on one (1) device, and only as authorized in this Agreement. For purposes of this Agreement, the term “App” includes Our software, and any enhancements, updates, maintenance releases, modifications, revisions, or additions (collectively “Updates”) to the App provided by Us and made available to You. Notwithstanding the foregoing, we shall be under no obligation to provide You with any Updates to the App.
Section 2. Scope of Use.
2.1. The license to use the App is conditioned on the following license restrictions, and any use of the App in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement.
2.2. You must be at least twenty-one (21) years of age at the time of download to use the App. Installation of the App on a network server solely for distribution to other computers is strictly prohibited.
2.3. Except as this Agreement expressly permits, You shall not, and shall not permit any other person to: (a) copy the App, in whole or in part; (b) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the App or any part thereof; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the App available to any other person, including on or in connection with the Internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (d) reverse engineer, disassemble, decompile, decode or adapt the App, or otherwise attempt to derive or gain access to the source code of the App, in whole or in part; (e) bypass or breach any security device or protection used for or contained in the App; (f) remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, warranties, disclaimers, or Intellectual Property Rights (as defined below),
proprietary rights or other symbols, notices, marks or serial numbers on or relating to any copy of the App; (g) use the App in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any person, or that violates any applicable law (including any laws regarding the export of data or software to and from the US or other countries); (h) use the App for purposes of: (1) benchmarking or competitive analysis of the App; (2) developing, using or providing a competing software product or service; or (3) any other purpose that is to Our detriment or commercial disadvantage; or (i) use the App in any manner or for any purpose or application not expressly permitted by this Agreement.
2.4. The App may contain technological measures designed to prevent unauthorized or illegal use. For instance,
the App may be protected by digital rights
management software (“DRM Software”). In such case, you hereby agree, acknowledge and consent to the following regarding the DRM Software: (i) the installation of the App will cause the DRM Software to be installed on your computer or mobile device; (ii) the DRM Software may limit the number of installations of the App; (iii) the DRM Software may install on your mobile device additional components required for copy protection; and (iv) during the installation and/or the first launch of the App, an online connection may be required to unlock the App through the DRM Software. In no event shall We be liable to You in connection with
the components that may be installed on your
computer or mobile device by any DRM Software.
You acknowledge and agree that: (a) We may use these and other lawful measures to verify your compliance with the terms of this Agreement and enforce Our rights, including all Intellectual Property Rights, in and to the App; (b) notwithstanding any other remedy at law or equity, We may deny any person access to and/or use of the App if, in Our sole discretion, We believe that such person's use of the App would violate any provision of this Agreement; and (c) We and Our personnel may collect, maintain, process and use diagnostic, technical, usage and related information, including information about your computers, mobile devices, systems and software, that We may gather periodically to improve the performance of the App or
develop Updates. 2.5
To use the App on a mobile device, you must
have access to an electronic communication network. The connection costs (including but not limited to
mobile providers’ and/or carriers’ costs), shall be exclusively borne by You. You acknowledge that the quality of the App, the response time or access to certain features may depend on the capacities of Your
communication network. Tranx may in no case be held responsible for reduced user comfort. You acknowledge that the App may not be available for use on every type of mobile devices or through all carriers
or network service providers.
Section 3. Term / Termination.
3.1. The term of this Agreement will commence on the date You download the App (“Effective Date”) and will continue in effect until You or We terminate your account (the “Term”).
3.2. You may terminate this Agreement at any time by uninstalling the App.
3.3. We may terminate this Agreement at any time if You: (i) violate any provision in this Agreement or (ii) fail to pay any fee associated with the App, and do not cure the failure within ten (10) days following receipt of Our written notice of default.
3.4.
3.5. Upon the termination of this Agreement: (a) all rights, licenses and authorizations granted to You hereunder will immediately terminate and You shall: (1) immediately cease all use of and other activities with respect to the App; (2) within fifteen (15) days, deliver to Us, or at Our written request, destroy, and permanently uninstall the App from your device; and (3) pay all amounts due and payable (if any) by You to Us of any kind no later than ten (10) days after the effective date of the termination of this Agreement.
Section 4. Disclaimer. 4.1.
EXCEPT AS EXPRESSLY SET HEREIN, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE APP IS PROVIDED ON AN “AS IS” BASIS AND WE MAKE NO REPRESENTATION OR WARRANTY TO YOU, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, INCLUDING ANY REPRESENTATION OR WARRANTY AS TO THE APP’S CONDITION, QUALITY, FITNESS FOR USE OR THAT THE APP IS APPROPRIATE FOR YOUR PARTICULAR
PURPOSE OR WILL MEET YOUR PERSONAL REQUIREMENTS, OR ANY REPRESENTATION OR WARRANTY RESPECTING THE APP'S MERCHANTABILITY.
4.2. YOU UNDERSTAND AND ACKNOWLEDGE THAT NO INTERNET SERVICE IS COMPLETELY SECURE FROM THREAT AND THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR CONFIDENTIAL INFORMATION AND/OR PROPERTY.
Section 5. Limitation of Damages.
5.1. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND, ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
5.2.
YOU HEREBY AGREE TO DEFEND,
INDEMNIFY AND KEEP INDEMNIFIED TRANX AND ITS AFFILIATES, THEIR LICENSORS AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY THIRD PARTY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS AGREEMENT OR (B) YOUR
USE OR MISUSE OF THE APP.
In the event that either party files for protection
under U.S. bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any U.S. bankruptcy or insolvency act or has any such petition filed against it which is not discharged within one hundred eighty (180) days of the filing thereof, then the other party may terminate this Agreement effective immediately upon written notice to
such party.
FORTH
5.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR MAXIMUM AGGREGATE MONETARY LIABILITY UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY AND INFRINGEMENT) SHALL NOT EXCEED $1,000.00.
Section 6. Intellectual Property Rights. You acknowledge and agree that: (a) the App is licensed, not sold, to You, and You do not and will not have or acquire any ownership interest in the App, or in any related Intellectual Property Rights; (b) We are, and will remain, the sole and exclusive owner of all right, title and interest in and to the App, including all Intellectual Property Rights relating thereto, subject only to the limited license granted to You under this Agreement; and (c) nothing herein transfers or assigns, or will be deemed to transfer or assign, any such Intellectual Property Rights in the App to You. For purposes of this Agreement, “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, or other intellectual property rights laws in any jurisdiction in the world.
YOU EXPRESSLY ACKNOWLEDGE THAT
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW YOUR USE OF THE APP IS AT
YOUR OWN RISK.
Section 7. General Terms.
7.1. Except as otherwise expressly provided herein, no amendment of this Agreement shall be binding upon either party hereto unless such amendment is set forth in a writing and executed by both parties hereto. Any waiver of any breach of any provision of this Agreement shall only be effective if in a writing and executed by both parties hereto and only to the extent specifically set forth in such writing.
7.2. You shall not assign this Agreement or any part thereof to a third party, and any such assignment, or attempted assignment, will be null and void.
7.3. This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof. The parties hereto agree that this Agreement supersedes and replaces any and all other agreements, whether oral or in writing, regarding the subject matter hereof.
7.4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and authorized assigns. No other person or entity is an intended third-party beneficiary of, or shall be deemed to be a third party beneficiary of, any of the terms and conditions of this Agreement.
7.5. In the event any one or more of the provisions contained in this Agreement should be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby, and the parties hereto agree to negotiate in good faith to replace such invalid, illegal or unenforceable provision with a replacement provision to carry out the intent of such provision to the fullest extent lawful.
7.6. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without regard to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Florida.
7.7. We shall not be in default of any obligation under this Agreement if the failure to perform the obligation is due to any event beyond Our control,
including significant failure of a part of the power grid, significant failure of the Internet, failure of third party tools and services used to provide the App, natural disaster, war, riot, insurrection, pandemic, terrorist activity and events related thereto, strikes or other organized labor action, or other events of a similar magnitude or type.
7.8. In disputes concerning this Agreement, We shall be entitled to the costs of collection, enforcement, and injunctive relief, including reasonable attorneys’ fees and court costs, and all necessary expenses, regardless of whether litigation is commenced.
7.9. The definitions in this Agreement shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” Unless otherwise specifically indicated, the word “or” shall be deemed to be inclusive and not exclusive.
7.10 You understand and acknowledge that We may use third party service provider(s) as We deem necessary or desirable to provide Our services to You under this Agreement.
7.11
The App is subject to all applicable export
restrictions. You must comply with all export and import laws and restrictions and regulations of any United States and foreign agency or authority relating to the App and Your use of the App. The App may not be re- exported, downloaded or otherwise exported to, or installed by a national or resident of, any country to which the United States has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the
control of, or a national or resident of any such country
or on any such list.
7.12 In order to use the App, You may need to
provide us with your personal information. Our use and protection of your personal information is governed by our Privacy Policy, which is available for review at
https://www.tranxmedic.com/legal/privacy-policy
This Privacy Policy describes how Tranx Solutions LLC LLC (“Company” or “our” or “we” or “us”) collects, uses,
and discloses information associated with an identified or identifiable individual (referred to in this Privacy Policy
as “Personal Information”) and what choices you have around this activity. If you have any questions, please
don’t hesitate to contact us.
We may change this Privacy Policy from time to time, including as required to keep current with applicable laws
and regulations, new technologies and security standards. When we do, we will post the updated policy on our
website located at https://www.tranxmedic.com . If we change the policy in a material and retroactive
manner, we will do our best to provide appropriate notice to you.
1. Applicability of this Privacy Policy
The Company Website is controlled by Tranx Solutions LLC LLC. This Privacy Policy applies to the Website,
including our use of social media sites (collectively, the “Sites”), and any other Personal Information obtained
when you email, or otherwise communicate or interact with our Company through the Website. By accessing the
Sites on any computer, mobile phone, tablet, or other device (collectively, “Device”) or otherwise interacting with
our Company, you agree to the terms of our Privacy Policy. If you do not agree to the policy, please do not use
the Sites. We encourage you to periodically review our Privacy Policy to stay informed about how we are using
the Personal Information and non-personal information we collect.
2. Information We Collect and Receive
Here what categories of Personal Information we collect, the source of the Personal Information, and with whom
we have shared it:
Category of Personal
Information Collected
Categories of
Recipients
Source
Purpose for Collection
From visitors to
the Sites who
call us, sign-up
for emails or
other services,
or otherwise
interact with
us.
We may share this
information with
select marketing,
information
technology, or other
third party service
providers and
partners.
Contact information: such
as your name, email
address, personal or
business address, and
phone number, and other
information you provide
to us.
To communicate with and
respond to visitors and our
customers about our
business operations,
including verification of
identity or to meet legal
obligations.
Browsing information:
such as your IP address,
MAC address or other
Device identifier, HTTP
Referrer information, the
kind of browser or Device
you use, pages and
content that you visit on
the Sites, what you click
on, the state and country
from which you access
the Sites, date and time
of your visit, and web
Our Sites and
your
interactions
with the Sites,
including
through the
use of cookies
and other
tracking
technologies
explained
further below.
To evaluate usage of the
Sites and improve
performance and our
services; to protect the
security and integrity of the
Sites and our business,
such as preventing fraud,
hacking, and other criminal
activity or to meet legal
obligations.
Our third party
service providers
who help us with
fraud protection and
website analytics.
pages you linked to our
Sites from.
When you visit the Sites, we may collect certain non-personal information from you, including your Internet
Protocol (IP) address, MAC address, browser type, operating system, Device-identifying information, the specific
web pages visited immediately preceding your connection, and the domain name from which you accessed the
Sites. In addition, we may collect information about your browsing behavior, such as the date and time you visit
the Sites, the areas or pages of the Sites that you visit, the amount of time you spend viewing the Sites, the
number of times you return to the Sites and other clickstream data. We may also use such non-personal or
deidentified, aggregated information for statistical analysis, research, and other purposes.
3. Cookie Policy
A cookie is a small data text file, which is stored on the hard drive of your Device. Each cookie is unique to your
web browser. It will contain some anonymous information such as a unique identifier, a website’s domain name,
and some digits and numbers. Cookies cannot be used to run programs or deliver viruses to your Device. At no
time will our cookies collect your Personal Information.
When you visit our Website, we may store certain types of persistent cookies on your Device in order to authorize
access to our private content and to facilitate and customize your use of our Sites. A persistent cookie remembers
information, settings, preferences, or sign-on credentials that the user has previously saved.
Essential cookies
Essential cookies allow us to offer you the best possible experience when accessing and
navigating through our Sites and using their features. For example, these cookies let us
recognize that you have created an account and have logged into that account.
Functionality cookies
Functionality cookies let us operate the Sites in accordance with the choices you make. For
example, we will recognize your username and remember the choices that you made to your
account during future visits.
Analytical cookies
These cookies enable us and third-party service providers to collect aggregated data for statistical
purposes on how our visitors use our Sites. These cookies do not contain or collect Personal
Information and are merely used to help us improve your user experience of the Sites.
Once you leave our Sites, our persistent cookies remain on your hard drive. This helps create a convenient and
faster Site experience.
You are always free to decline or restrict our cookies through your browser setting. But, due to the nature of our
essential cookies, some parts of our Sites may not work properly. You can find general information on the Internet
about cookies and details on how to delete them from your Devices.
4. Interest-based advertising
You can opt out of interest-based advertising from third-party providers who follow the Digital Advertising Alliance's
Self-Regulatory Principles for Online Behavioral Advertising at www.aboutads.info/choices.
5. Your Choices
You may at any time:
• Stop receiving marketing or promotional emails, direct mail, phone, and mobile marketing
communications;
• Update and correct your Personal Information; and
• Request removal of information you post on our digital properties; in some cases, we may not be able to
remove your content or Personal Information, in which case we will let you know if we are unable to do
so and why.
To do any of these, let us know by one of these methods:
• Follow the directions in a marketing email, direct mail, or mobile communication that you receive from us;
and
• Provide your request and current contact information through one of the contact methods listed under
“Contact Us” below
6. Disclosure of Information
We may disclose information collected from and about you as follows: (1) to our related companies and service
providers, to perform a business, professional or technical support function for us, for instance, mailing
information, maintaining databases, and processing payments; (2) to our business, sales and marketing partners
and affiliates, advertisers or other third parties, who may contact you with their own offers; (3) as necessary if we
believe that there has been a violation of the Sites’ Terms of Use or of our rights or the rights of any third party;
(4) to respond to legal process (such as a search warrant, subpoena or court order) and provide information to
law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted
by law, or otherwise as required by law; and (5) in the event that our Company or substantially all of its assets are
acquired, or there is a re-structuring, your Personal Information may be one of the transferred assets. We may
also disclose your Personal Information with your express consent. We may share aggregate, deidentified, or
non-personally identifiable information about Sites’ users with third parties.
Please note that if you voluntarily submit any Personal Information for posting on the Sites, such as a review or a
blog post, the information becomes publicly available and can be collected and used by others. So, you should
use care before posting information about yourself online.
7. Retention of Personal Information
We retain Personal Information that we receive for as long as necessary to fulfill the purpose(s) for which the
information was collected, to provide our services and products, to pursue legitimate business purposes, to
enforce our agreements, and comply with all applicable laws.
8. Security
The Company takes your Personal Information seriously. We maintain commercially reasonable and appropriate
measures designed to maintain the Personal Information we collect in a secure manner. We have taken certain
physical, electronic, and administrative steps to safeguard and secure the information we collect from visitors to
the Sites.
Unfortunately, however, no data transmission over the Internet, nor any data storage system, is 100% secure.
While we strive to protect your information, we cannot ensure or warrant the security of such information on our
Sites.Therefore,youshouldtakespecialcareindecidingwhatinformationyousendtousviaemail. Ifyouhave
reason to believe that your interaction with us is no longer secure, please immediately notify us using the contact
options on our “Contact Us” page.
9. Children’s Privacy
The Sites are not directed to children (anyone under 18 years of age), nor do we knowingly solicit or collect any
Personal Information from children without verifiable parental consent. If we discover that we have received any
information from children, we will investigate promptly and then delete such information from our system if
warranted. If you are a parent or legal guardian of a child and you become aware that your child has provided us
with Personal Information, please contact us promptly using the contact information detailed in the “Contact Us”
section below. Parents and legal guardians always have the right to inspect any information that we may have
inadvertently collected from their child, and have the right to have us delete it.
10. Basis for Processing Personal Information
We may process Personal Information under the following conditions:
-
Consent: You provided your consent for one or more specific purposes.
-
Performance of a contract: Provision of Personal Information is necessary for the performance of an
agreement with you and/or for any pre-contractual obligations.
-
Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation
to which the Company is subject.
-
Legitimate interests: When we have a business or commercial reason to use your information, so long
as this is not overridden by your own rights and interests
In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and whether the
Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The table below explains what we use (process) your Personal Information for and our reasons for doing so:
What we use your Personal Information for
Our reasons
To provide products and/or services to you.
For the performance of our contract(s) with you or
to take steps at your request before entering into a
contract.
To prevent and detect fraud against you or our
Company.
For our legitimate interests or those of a third party,
i.e. to minimize fraud that could be damaging for us
and for you.
Gathering and providing information required by or
relating to audits, enquiries or investigations by
regulatory bodies.
To comply with our legal and regulatory
obligations.
Operational reasons, such as improving efficiency,
training and quality control.
Statistical analysis to help us manage our business.
For our legitimate interests or those of a third party,
i.e. to be as efficient as we can.
For our legitimate interests or those of a third party,
i.e. to be as efficient as we can.
Ensuring the confidentiality of commercially sensitive
information.
For our legitimate interests or those of a third party,
i.e. to protect trade secrets and other commercially
valuable information.
To comply with our legal and regulatory
obligations.
Preventing unauthorized access and modifications to
systems
For our legitimate interests or those of a third party,
i.e. to prevent and detect unauthorized and/or
criminal activity that could be damaging for us and
for you.
To comply with our legal and regulatory
obligations.
Updating and enhancing customer records.
For the performance of our contract(s) with you or
to take steps at your request before entering into a
contract.
To comply with our legal and regulatory
obligations.
For our legitimate interests or those of a third party.
Corporate Filings/Statutory returns To comply with our legal and regulatory
obligations.
Ensuring safe working practices, staff administration
and assessment.
To comply with our legal and regulatory
obligations.
For our legitimate interests or those of a third party,
e.g. to make sure we are following our own internal
procedures and working efficiently.
Marketing our existing and new products and services
and those of selected third parties to:
-
⎯ existing and former customers;
-
⎯ third parties who have previously expressed an
interest in our products or services;
-
⎯ third parties with whom we have had no
previous dealings.
For our legitimate interests or those of a third party,
i.e. to promote our business to existing and former
customers.
11. Promotional Communications
We may use your Personal Information to send you updates (by email, text message, telephone or post) about
our products and services, including exclusive offers, promotions or new products and services.
We have a legitimate interest in processing your Personal Information for promotional purposes (see above “Basis
for Processing Personal Information”). This means we do not usually need your consent to send you promotional
communications. Nonetheless, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your Personal Information with the utmost respect and never sell or share it with other
organizations outside of the Company for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by contacting us by using the
contact information detailed in “Contact Us” below;
12. Third-Party Websites
The Sites may contain links to third-party websites, such as social media sites like Facebook and X (formerly
Twitter), which may have privacy policies that differ from our own. We are not responsible for the activities and
practices that take place on these websites. Accordingly, we recommend that you review the privacy policy posted
on any external site before disclosing any Personal Information. Please contact those websites directly if you
have any questions about their privacy policies.
13. Where Your Personal Information is Held
Personal Information may be held at our offices and those of our third-party service providers, representatives
and agents as described above (see “Disclosure of Information”).
15. Your Rights
We want you to be in control of how your Personal Information is used by us. Please note that our ability to access
or control your Personal Information will be limited, as required or permitted by applicable law. Depending on
your jurisdiction, you may have the right to be informed of, and request access to, the Personal Information we
process about you; update and correct inaccuracies in that information; have the information restricted or deleted;
object or withdraw your consent to certain uses of data; and lodge a complaint with your local data protection
authority. You may also have the right not to be subject to automated decision-making, including profiling, where
it would have a legal or similarly significant effect on you; and the right to data portability with regard to the data
you provided to us. We will not discriminate against you for the exercise of these rights.
If you would like to exercise any of the rights described above, please send us a request by using the contact
information in “Contact Us” below. In your message, please indicate the right you would like to exercise and your
jurisdiction. We may ask you for additional information to confirm your identity and for security purposes, before
disclosing the Personal Information requested to you. We reserve the right to charge a fee where permitted by
law, for instance if your request to us is manifestly unfounded or excessive in our sole opinion. We may not always
be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others,
or if we are legally entitled to deal with the request in a different way.
14. Access, Correction, & Deletion
We respect your right to access and correct your Personal Information. You may exercise your rights, subject to
applicable laws, to request that we delete or restrict access to your Personal Information. We may need to retain
it for legally permitted purposes, and this will be explained to you if necessary.
If you need assistance correcting or updating your Personal Information or would like to request that we delete
your Personal Information, please contact us using the contact information detailed in the “Contact Us” section
below.
16. California Privacy Rights Disclosure
If you are a California resident, the California Consumer Privacy Act of 2018 (CCPA), as amended by the California
Privacy Rights Act of 2020 (CPRA), the California Online Privacy Protection Act (CalOPPA), provide you additional
rights with the respect to your Personal Information. California law permits our customers who are California
residents to request certain information about our disclosure of Personal Information to third parties for their own
direct marketing purposes during the preceding calendar year. This request is free and may be made once a year.
To make such a request, please write to us at the following address:
Tranx Solutions LLC
ATTN: Privacy Protection Officer
9225 Bay Plaza Blvd, Suite #417, Tampa FL 33619
Compliance@tranxmedic.com
813 922 5699
If you are a California resident, California law provides you with the following additional rights with respect to your
Personal Information:
• The right to know what Personal Information we have collected, used, disclosed and sold about you. You
may submit a request to know by using the contact information detailed in this Section. You also may
designate an authorized agent to make a request for access on your behalf.
• The right to request that we delete any Personal Information we have collected about you. You may submit
a request for deletion by using the contact information detailed in this Section. You also may designate
an authorized agent to make a request for deletion on your behalf.
California residents may also have the right not to be subject to automated decision-making, including profiling,
where it would have a legal or similarly significant effect on them; and the right to data portability with regard to
the data they provided to us. If you exercise any of these rights and submit a request to us, we may verify your
identity. We also may use a third party verification provider to verify your identity. Your exercise of these rights
will have no adverse effect on the price and quality of our goods or services. At present we have not sold Personal
Information about our users; nor do we have any plans to do so in the future.
17. Connecticut Data Privacy Rights.
If you are a Connecticut resident, (Public Act No. 22-15) An Act Concerning Personal Data Privacy and Online
Monitoring provide you additional rights with the respect to your Personal Information. The Act grants Connecticut
consumers
18. Utah Consumer Privacy Rights.
If you are a Utah resident, the Utah Consumer Privacy Act (UCPA) (S.B. 227) gives consumers a number of rights
related to their personal data, including the right to: (A) access and delete personal data, (B) opt out of the
collection and use of personal data for certain purposes, and (C) obtain a copy of their personal data.
19. Virginia Consumer Data Privacy Protection Act.
If you are a Virginia resident, the Virginia Consumer Data Protection Act (“VCDPA”) (Va. Code § 59.1-575) allows
for consumers to request that the company collecting their personal data: (A) confirm if the company is actually
processing their personal data, (B) correct inaccuracies in the consumer’s personal data that is collected by the
company, (C) delete personal data provided by or obtained about the consumer, (D) obtain copies of the personal
data collected by the company, and (E) opt out of the processing of personal data for purposes of targeted
advertising, the sale of personal data, or further profiling.
20. How to Exercise Your Rights
If you would like to exercise any of your rights as described in this Privacy Policy, please contact us using the
contact information detailed in the “Contact Us” section below.
Please note that you may only make a privacy-related data request twice within a 12-month period.
If you choose to contact us directly by phone, email, or in writing, you will need to provide us with:
• Enough information to identify you (e.g., your full name, address and customer or matter reference
number);
• Proof of your identity and address (e.g., a copy of your driving license or passport); and
• A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a Personal Information disclosure if we cannot verify that the person making the
request is the person about whom we collected information or is someone authorized to act on such person’s
behalf.
Any Personal Information we collect from you to verify your identity in connection with your request will be used
solely for the purposes of verification.
21. Right to Lodge Complaints
We are transparent about the ways in which we collect and use Personal Information, and welcome your questions
and concerns. We hope that we or our Data Protection Officer can resolve any query or concern you raise about
our use of your information.
the right to (A) access, correct, delete and obtain a copy of personal data that we collect, and (B) opt
out of the processing of personal data for the purposes of (i) targeted advertising, (ii) certain sales of personal
data, or (iii) profiling.
If you have any concern or complaint about the way we handle your Personal Information, please contact us using
the contact information detailed in the “Contact Us” section below.
22. Visitors from Outside the United States — Cross-Border Transfer
The Website is hosted in the United States. If you are visiting the Website from outside the United States, your
information may be transferred to, stored and processed in the United States in accordance with this Privacy
Policy. The data protection and other applicable laws of the United States or other countries may not be as
comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or
consumer protection laws in your country. Your information may be available to government authorities under
lawful orders and law applicable in such jurisdictions. By using the Website and/or providing Personal Information
to us, you consent to transfer of your information to our facilities as described in this Privacy Policy.
23. Contact Us
If you have questions about this Privacy Policy or our practices, or if you are seeking to exercise any of your
statutory rights, you can contact us at the address provided below:
Tranx Solutions LLC
ATTN: Privacy Protection Officer
9225 Bay Plaza Blvd, Suite #417, Tampa FL 33619
Compliance@tranxmedic.com
813 922 5699
If you would like this notice in another format (for example: audio, large print, braille) please contact us at the
above.
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This Privacy Policy describes how Tranx Solutions LLC LLC (“Company” or “our” or “we” or “us”) collects, uses, and discloses information associated with an identified or identifiable individual (referred to in this Privacy Policy as “Personal Information”) and what choices you have around this activity. If you have any questions, please don’t hesitate to contact us. |
We may change this Privacy Policy from time to time, including as required to keep current with applicable laws and regulations, new technologies and security standards. When we do, we will post the updated policy on our website located at https://www.tranxmedic.com . If we change the policy in a material and retroactive manner, we will do our best to provide appropriate notice to you.
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1. Applicability of this Privacy Policy |
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The Company Website is controlled by Tranx Solutions LLC LLC. This Privacy Policy applies to the Website, including our use of social media sites (collectively, the “Sites”), and any other Personal Information obtained when you email, or otherwise communicate or interact with our Company through the Website. By accessing the Sites on any computer, mobile phone, tablet, or other device (collectively, “Device”) or otherwise interacting with our Company, you agree to the terms of our Privacy Policy. If you do not agree to the policy, please do not use the Sites. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the Personal Information and non-personal information we collect. 2. Information We Collect and Receive Here what categories of Personal Information we collect, the source of the Personal Information, and with whom we have shared it: |
Category of Personal Information Collected
Categories of Recipients
Source
Purpose for Collection
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From visitors to the Sites who |
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call us, sign-up for emails or other services, or otherwise interact with us. |
|
We may share this information with |
|
select marketing, information technology, or other third party service providers and partners. |
|
Contact information: such as your name, email |
|
address, personal or business address, and phone number, and other information you provide to us. |
|
To communicate with and respond to visitors and our |
|
customers about our business operations, including verification of identity or to meet legal obligations. |
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Browsing information: such as your IP address, MAC address or other Device identifier, HTTP Referrer information, the kind of browser or Device |
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you use, pages and content that you visit on the Sites, what you click on, the state and country from which you access the Sites, date and time of your visit, and web |
Our Sites and your interactions with the Sites, including through the use of cookies and other tracking technologies explained further below.
To evaluate usage of the Sites and improve performance and our services; to protect the security and integrity of the Sites and our business, such as preventing fraud, hacking, and other criminal activity or to meet legal obligations.
Our third party service providers who help us with fraud protection and website analytics.
pages you linked to our Sites from.
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When you visit the Sites, we may collect certain non-personal information from you, including your Internet Protocol (IP) address, MAC address, browser type, operating system, Device-identifying information, the specific web pages visited immediately preceding your connection, and the domain name from which you accessed the Sites. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Sites, the areas or pages of the Sites that you visit, the amount of time you spend viewing the Sites, the number of times you return to the Sites and other clickstream data. We may also use such non-personal or deidentified, aggregated information for statistical analysis, research, and other purposes. 3. Cookie Policy |
A cookie is a small data text file, which is stored on the hard drive of your Device. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, a website’s domain name, and some digits and numbers. Cookies cannot be used to run programs or deliver viruses to your Device. At no time will our cookies collect your Personal Information.
When you visit our Website, we may store certain types of persistent cookies on your Device in order to authorize access to our private content and to facilitate and customize your use of our Sites. A persistent cookie remembers information, settings, preferences, or sign-on credentials that the user has previously saved.
Essential cookies
Essential cookies allow us to offer you the best possible experience when accessing and navigating through our Sites and using their features. For example, these cookies let us recognize that you have created an account and have logged into that account.
Functionality cookies
Functionality cookies let us operate the Sites in accordance with the choices you make. For example, we will recognize your username and remember the choices that you made to your account during future visits.
Analytical cookies
These cookies enable us and third-party service providers to collect aggregated data for statistical purposes on how our visitors use our Sites. These cookies do not contain or collect Personal Information and are merely used to help us improve your user experience of the Sites.
Once you leave our Sites, our persistent cookies remain on your hard drive. This helps create a convenient and faster Site experience.
You are always free to decline or restrict our cookies through your browser setting. But, due to the nature of our essential cookies, some parts of our Sites may not work properly. You can find general information on the Internet about cookies and details on how to delete them from your Devices.
4. Interest-based advertising
You can opt out of interest-based advertising from third-party providers who follow the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising at www.aboutads.info/choices.
5. Your Choices
You may at any time:
• Stop receiving marketing or promotional emails, direct mail, phone, and mobile marketing communications;
• Update and correct your Personal Information; and
• Request removal of information you post on our digital properties; in some cases, we may not be able to
remove your content or Personal Information, in which case we will let you know if we are unable to do so and why.
To do any of these, let us know by one of these methods:
• Follow the directions in a marketing email, direct mail, or mobile communication that you receive from us; and
• Provide your request and current contact information through one of the contact methods listed under “Contact Us” below
6. Disclosure of Information
We may disclose information collected from and about you as follows: (1) to our related companies and service
providers, to perform a business, professional or technical support function for us, for instance, mailing information, maintaining databases, and processing payments; (2) to our business, sales and marketing partners and affiliates, advertisers or other third parties, who may contact you with their own offers; (3) as necessary if we believe that there has been a violation of the Sites’ Terms of Use or of our rights or the rights of any third party; (4) to respond to legal process (such as a search warrant, subpoena or court order) and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (5) in the event that our Company or substantially all of its assets are acquired, or there is a re-structuring, your Personal Information may be one of the transferred assets. We may also disclose your Personal Information with your express consent. We may share aggregate, deidentified, or non-personally identifiable information about Sites’ users with third parties.
Please note that if you voluntarily submit any Personal Information for posting on the Sites, such as a review or a blog post, the information becomes publicly available and can be collected and used by others. So, you should use care before posting information about yourself online.
7. Retention of Personal Information
We retain Personal Information that we receive for as long as necessary to fulfill the purpose(s) for which the information was collected, to provide our services and products, to pursue legitimate business purposes, to enforce our agreements, and comply with all applicable laws.
8. Security
The Company takes your Personal Information seriously. We maintain commercially reasonable and appropriate measures designed to maintain the Personal Information we collect in a secure manner. We have taken certain physical, electronic, and administrative steps to safeguard and secure the information we collect from visitors to the Sites.
Unfortunately, however, no data transmission over the Internet, nor any data storage system, is 100% secure. While we strive to protect your information, we cannot ensure or warrant the security of such information on our Sites.Therefore,youshouldtakespecialcareindecidingwhatinformationyousendtousviaemail. Ifyouhave reason to believe that your interaction with us is no longer secure, please immediately notify us using the contact options on our “Contact Us” page.
9. Children’s Privacy
The Sites are not directed to children (anyone under 18 years of age), nor do we knowingly solicit or collect any Personal Information from children without verifiable parental consent. If we discover that we have received any information from children, we will investigate promptly and then delete such information from our system if warranted. If you are a parent or legal guardian of a child and you become aware that your child has provided us
with Personal Information, please contact us promptly using the contact information detailed in the “Contact Us” section below. Parents and legal guardians always have the right to inspect any information that we may have inadvertently collected from their child, and have the right to have us delete it.
10. Basis for Processing Personal Information
We may process Personal Information under the following conditions:
-
Consent: You provided your consent for one or more specific purposes.
-
Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations.
-
Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which the Company is subject.
-
Legitimate interests: When we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests
In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and whether the Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The table below explains what we use (process) your Personal Information for and our reasons for doing so:
What we use your Personal Information for
Our reasons
|
To provide products and/or services to you. |
For the performance of our contract(s) with you or to take steps at your request before entering into a contract. |
|
To prevent and detect fraud against you or our Company. |
For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you. |
|
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies. |
To comply with our legal and regulatory obligations. |
Operational reasons, such as improving efficiency, training and quality control.
Statistical analysis to help us manage our business.
For our legitimate interests or those of a third party, i.e. to be as efficient as we can.
For our legitimate interests or those of a third party, i.e. to be as efficient as we can.
|
Ensuring the confidentiality of commercially sensitive information. |
For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information. To comply with our legal and regulatory obligations. |
|
Preventing unauthorized access and modifications to systems |
For our legitimate interests or those of a third party, i.e. to prevent and detect unauthorized and/or criminal activity that could be damaging for us and for you. To comply with our legal and regulatory obligations. |
|
Updating and enhancing customer records. |
For the performance of our contract(s) with you or to take steps at your request before entering into a contract. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party. |
Corporate Filings/Statutory returns To comply with our legal and regulatory obligations.
|
Ensuring safe working practices, staff administration and assessment. |
To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently. |
|
Marketing our existing and new products and services and those of selected third parties to:
|
For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers. |
11. Promotional Communications
We may use your Personal Information to send you updates (by email, text message, telephone or post) about our products and services, including exclusive offers, promotions or new products and services.
We have a legitimate interest in processing your Personal Information for promotional purposes (see above “Basis for Processing Personal Information”). This means we do not usually need your consent to send you promotional communications. Nonetheless, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your Personal Information with the utmost respect and never sell or share it with other organizations outside of the Company for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by contacting us by using the contact information detailed in “Contact Us” below;
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12. Third-Party Websites |
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The Sites may contain links to third-party websites, such as social media sites like Facebook and X (formerly Twitter), which may have privacy policies that differ from our own. We are not responsible for the activities and practices that take place on these websites. Accordingly, we recommend that you review the privacy policy posted on any external site before disclosing any Personal Information. Please contact those websites directly if you have any questions about their privacy policies. |
13. Where Your Personal Information is Held
Personal Information may be held at our offices and those of our third-party service providers, representatives and agents as described above (see “Disclosure of Information”).
15. Your Rights
We want you to be in control of how your Personal Information is used by us. Please note that our ability to access or control your Personal Information will be limited, as required or permitted by applicable law. Depending on your jurisdiction, you may have the right to be informed of, and request access to, the Personal Information we process about you; update and correct inaccuracies in that information; have the information restricted or deleted; object or withdraw your consent to certain uses of data; and lodge a complaint with your local data protection authority. You may also have the right not to be subject to automated decision-making, including profiling, where it would have a legal or similarly significant effect on you; and the right to data portability with regard to the data you provided to us. We will not discriminate against you for the exercise of these rights.
If you would like to exercise any of the rights described above, please send us a request by using the contact information in “Contact Us” below. In your message, please indicate the right you would like to exercise and your jurisdiction. We may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request to us is manifestly unfounded or excessive in our sole opinion. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
14. Access, Correction, & Deletion
We respect your right to access and correct your Personal Information. You may exercise your rights, subject to applicable laws, to request that we delete or restrict access to your Personal Information. We may need to retain it for legally permitted purposes, and this will be explained to you if necessary.
If you need assistance correcting or updating your Personal Information or would like to request that we delete your Personal Information, please contact us using the contact information detailed in the “Contact Us” section below.
16. California Privacy Rights Disclosure
If you are a California resident, the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), the California Online Privacy Protection Act (CalOPPA), provide you additional rights with the respect to your Personal Information. California law permits our customers who are California residents to request certain information about our disclosure of Personal Information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year.
To make such a request, please write to us at the following address:
Tranx Solutions LLC
ATTN: Privacy Protection Officer
9225 Bay Plaza Blvd, Suite #417, Tampa FL 33619
Compliance@tranxmedic.com
813 922 5699
If you are a California resident, California law provides you with the following additional rights with respect to your Personal Information:
• The right to know what Personal Information we have collected, used, disclosed and sold about you. You may submit a request to know by using the contact information detailed in this Section. You also may
designate an authorized agent to make a request for access on your behalf.
• The right to request that we delete any Personal Information we have collected about you. You may submit a request for deletion by using the contact information detailed in this Section. You also may designate an authorized agent to make a request for deletion on your behalf.
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California residents may also have the right not to be subject to automated decision-making, including profiling, where it would have a legal or similarly significant effect on them; and the right to data portability with regard to the data they provided to us. If you exercise any of these rights and submit a request to us, we may verify your identity. We also may use a third party verification provider to verify your identity. Your exercise of these rights |
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will have no adverse effect on the price and quality of our goods or services. At present we have not sold Personal Information about our users; nor do we have any plans to do so in the future. |
17. Connecticut Data Privacy Rights.
If you are a Connecticut resident, (Public Act No. 22-15) An Act Concerning Personal Data Privacy and Online Monitoring provide you additional rights with the respect to your Personal Information. The Act grants Connecticut consumers
18. Utah Consumer Privacy Rights.
If you are a Utah resident, the Utah Consumer Privacy Act (UCPA) (S.B. 227) gives consumers a number of rights related to their personal data, including the right to: (A) access and delete personal data, (B) opt out of the collection and use of personal data for certain purposes, and (C) obtain a copy of their personal data.
19. Virginia Consumer Data Privacy Protection Act.
If you are a Virginia resident, the Virginia Consumer Data Protection Act (“VCDPA”) (Va. Code § 59.1-575) allows for consumers to request that the company collecting their personal data: (A) confirm if the company is actually processing their personal data, (B) correct inaccuracies in the consumer’s personal data that is collected by the company, (C) delete personal data provided by or obtained about the consumer, (D) obtain copies of the personal data collected by the company, and (E) opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or further profiling.
20. How to Exercise Your Rights
If you would like to exercise any of your rights as described in this Privacy Policy, please contact us using the contact information detailed in the “Contact Us” section below.
Please note that you may only make a privacy-related data request twice within a 12-month period. If you choose to contact us directly by phone, email, or in writing, you will need to provide us with:
• Enough information to identify you (e.g., your full name, address and customer or matter reference number);
• Proof of your identity and address (e.g., a copy of your driving license or passport); and
• A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a Personal Information disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.
Any Personal Information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.
21. Right to Lodge Complaints
We are transparent about the ways in which we collect and use Personal Information, and welcome your questions and concerns. We hope that we or our Data Protection Officer can resolve any query or concern you raise about our use of your information.
the right to (A) access, correct, delete and obtain a copy of personal data that we collect, and (B) opt
out of the processing of personal data for the purposes of (i) targeted advertising, (ii) certain sales of personal
data, or (iii) profiling.
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If you have any concern or complaint about the way we handle your Personal Information, please contact us using the contact information detailed in the “Contact Us” section below. 22. Visitors from Outside the United States — Cross-Border Transfer |
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The Website is hosted in the United States. If you are visiting the Website from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. Your information may be available to government authorities under lawful orders and law applicable in such jurisdictions. By using the Website and/or providing Personal Information to us, you consent to transfer of your information to our facilities as described in this Privacy Policy. 23. Contact Us If you have questions about this Privacy Policy or our practices, or if you are seeking to exercise any of your statutory rights, you can contact us at the address provided below: |
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Tranx Solutions LLC If you would like this notice in another format (for example: audio, large print, braille) please contact us at the above. |