PRIVACY POLICY

Last updated: July 1, 2023

General

Phoenix Holding Incorporated and its affiliates (“Phoenix”, “we” or “us”) are committed to protecting the privacy of our website visitors. This privacy policy (“Privacy Policy”) seeks to help you understand whether and how we collect information about you when you visit our website (the “Site”), and how we use such information. This Privacy Policy does not address our privacy practices concerning any nonpublic personal information we collect as to our investors; we address those practices in separate notices sent to our investors or potential investors.

This Privacy Policy applies when you visit the Site and may be updated at any time. This Privacy Policy and each updated version will be effective upon posting. As such, we urge you to review this Privacy Policy each time you visit the Site. Your continued use of and visitation to the Site constitutes your acceptance, acknowledgement and understanding of this Privacy Policy.

If you do not agree to this Privacy Policy for any reason, please do not use this website or share your personally identifiable information with us as discussed below.

Please note that this Privacy Policy applies only to the Site, and not to any other website that may be linked to it or by it. Phoenix does not endorse, have any responsibility for, or make any representations about, any other websites, including their products, services, content, communications or website use policies, and Phoenix disclaims any responsibility for your access and/or use thereof. We do not control the privacy policies or practices of others. We encourage you to ask questions and read the privacy policies of other websites before you disclose any personal information to them.

If you have any questions or comments about this Privacy Policy, or wish to notify us of any errors or changes as to any personal information you provide us through this website, you can e-mail us at info@phoenixholdingco.com.

How We Collect, Use, Share and Protect Your Information

Use of Personally Identifiable Information
When you use the Site, you will have the option to voluntarily submit information to our website that relates to you personally, including your name and e-mail (“PII”). The PII you submit to the Site is used only to provide you with information on our products and services, including to send you administrative communications either about your interactions with us or about features of the Site, and to respond to your specific inquiries. We will not sell, share or rent your PII to others in contravention of this Privacy Policy. We will not use your PII for any other purpose without your permission.

In order to provide efficient and reliable services and to improve product and service options available to you, more than one entity within Phoenix may be given, or given access to, your PII. We may also use or disclose this information for marketing, research and other business purposes and we may associate your PII with other information we collect about you but we will not sell this information or disclose it to third parties except as otherwise described in this Privacy Policy.

In addition to any information you provide to us, we may collect information about you through technological means. We generally record certain usage information, such as the number and frequency of visitors to the Site. This information may include the websites that you access immediately before and after your visit to the Site, the Internet browser you are using and your Internet Protocol address. The Site may also use other technical methods to track and analyze the traffic patterns on the Site, such as the frequency with which our users visit various parts of the Site. These technical methods
may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. If we use such data at all, it will be on an aggregate basis to help us maintain the Site. We will not use this information to identify individuals, except for site security and law enforcement purposes.

We use Google Analytics to collect information about your use of the Site. Google Analytics collects information such as how often users visit the Site, what pages users visit, and what other sites they visited prior to or after coming to the Site. More information on how Google Analytics uses your data can be found at www.google.com/policies/privacy/partners/. We use the information we get from Google Analytics only to improve the Site. By using the Site with your browser set to accepting cookies, you consent to our and Google Analytics’ use of cookies on the Site.

Disclosure of Your Information

You acknowledge and agree that we may disclose PII under any of the following limited circumstances:

When we believe that such disclosures are required by law, regulation, legal process, subpoena, document request or governmental request, or when we otherwise believe in good faith that such disclosure is necessary or appropriate in connection with any activity that violates the law (including relating to intellectual property, fraud, contracts and privacy) or may expose us to liability;

To enforce our Privacy Policy;

To protect your safety or security, including the safety and security of property
that belongs to you;

To protect the safety and security of our websites (including the Site), databases, or the tangible or intangible property that belongs to us or to third parties;

To our affiliates;

As appropriate, to the service providers to the Site; and

If Phoenix merges with or transfers substantially all of its business, stocks or assets to another entity, Phoenix has the right to share your PII with that entity, to the extent lawfully permissible; provided that if such merger or transfer results in a material change in the use of your PII, we will use commercially reasonable efforts (as determined by Phoenix) to provide you with notice of such event and we will request that the new entity follow the practices disclosed in this Privacy Policy or notify you of any changes to it.
We can (and you authorize us to) disclose any of your information in the above circumstances. We may keep any and all information that we collect for an unlimited period of time.

Security

The security of your information is important to us. We employ security measures to protect any information you provide through our website from unauthorized access or use. You should be aware, however, that “perfect security” does not exist on the Internet, and there is always the risk that unauthorized persons may access or use your information. We will not be responsible or liable for any damages, losses or causes of action arising out of or in connection with the disclosure of your information. Regardless
of any security measures that we or any other party put into effect for your or our benefit, you use our Site and send us such information at your own risk.

Do Not Track

Phoenix does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser allows you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. To learn how to set your preferences so that websites do not track you, consult the help pages of your browser.

Privacy Policy Changes

We may revise or supplement this Privacy Policy from time to time. If we make any substantial changes in the way we use or share your personal information, we will notify you by posting a prominent announcement on our website. Because other changes may not be so announced, we urge you to review this Privacy Policy each time you visit the Site so that you understand our current privacy policy.

International Use

Phoenix makes no claims, representations or warranties that the Site, or that the transactions, products and services discussed on or accessible through the Site, are available, appropriate or lawful for use or access outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. If you access the Site from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations, including those regarding online conduct and website access. Furthermore, our databases are located in the United States. By using our Site, you consent to the transfer and storage within the United States of any data you may send us in the course of your using the Site.

Use by Children

Although this Site is not targeted toward children, we are concerned about the safety  and privacy of children who use the Internet. If a child under 13 has provided personally identifiable information to us through the Site, a parent or guardian may inform us at the address for legal notices above and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Privacy Policy.

Limitations of Liability and Indemnification
You acknowledge and accept that: (1) notwithstanding the reasonable efforts by Phoenix to avoid technological problems, the Site may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time; and (2) notwithstanding any reasonable security precautions that Phoenix or its designees may take, Phoenix or its designees cannot, and does or do not (as applicable), guarantee that the Site will be free of security problems (including, without limitation, unauthorized interception of data or communications).

In no event shall Phoenix be liable for any damages or injury, including but not limited to special, incidental, direct, indirect, punitive or consequential damages, that result from the use of (or the inability to use) this Site or any website linked to this Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction or unauthorized interception of data or communications. This is true even if Phoenix has been advised of the possibility of such damages or injury. You acknowledge, agree and understand that your use of this Site is predicated upon your waiver of any right to sue us or to participate in a suit for any losses or damages resulting from your use of this Site.

You agree to indemnify and hold harmless Phoenix and its affiliates, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your use of the Site, your violation of this Privacy Policy or from any decisions that you make based on any information posted on this Site.

Disclaimer

THIS SITE IS PROVIDED BY PHOENIX ON AN “AS IS” AND “AS  AVAILABLE” BASIS.
Phoenix does not make and hereby disclaims any express or implied  warranties, representations, or endorsements whatsoever, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or warranties of title or non-infringement, as to the operation of this Site or the information included on this Site.

PHOENIX DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS or that your use of this Site will be free of security problems.

Governing Law/Forum

This Privacy Policy is governed by the laws of the Commonwealth of Massachusetts. In the event of any dispute relating to this Privacy Policy or your use of the Site, you agree that it shall be resolved solely in the state or federal courts located in Suffolk County, Boston or the United States District Court for the Southern District of Massachusetts located in Suffolk County, Boston. You agree to waive trial by jury in any such action.

General

If any provision of this Privacy Policy is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Privacy Policy and will not affect the validity or enforceability of the remaining provisions. You agree that no joint venture, partnership, employment or agency relationship exists between you and Phoenix as a result of this agreement or the use of the Site.