Privacy Policy

This Privacy Policy describes how MotionFoxx™ (the "Website"), owned by Milinda Foxx and operated by X ("Owner", "we", "our", or "us"), collects, uses, stores, and protects information when you ("User" or "you") visit, access, or interact with the Website. This Policy is designed to provide full transparency regarding data handling practices while preserving and protecting the Owner's rights, intellectual property, creative works, brand identity, and personal privacy under all applicable laws.

By accessing or using this Website, you acknowledge that you have read, understood, and agreed to the practices described in this Privacy Policy. If you do not agree, you must immediately cease use of the Website.

1. Data Controller

For the purposes of this Privacy Policy, the Personal Data Protection Act, No. 9 of 2022, and all applicable international data protection frameworks, the Data Controller is:

Name: Milinda Foxx
Trading As: MotionFoxx™ / Milinda Foxx eXperiment (MFX)
Email: info@motionfoxx.com
Telephone: (+94) 76 547 3032
Location: Colombo, Sri Lanka (Ceylon)

The Data Controller determines the purposes and means of processing personal data collected through this Website and is accountable for compliance with all applicable data protection laws.

2. Legal Framework and Governing Law

This Privacy Policy is governed by and shall be construed in accordance with the following legal instruments:

• Personal Data Protection Act, No. 9 of 2022 (PDPA) of the Democratic Socialist Republic of Sri Lanka (Ceylon), the principal legislation governing the protection of personal data within Sri Lanka.
• Intellectual Property Act, No. 36 of 2003 (as amended by Acts No. 7 of 2018, No. 8 of 2021, and No. 8 of 2022) of Sri Lanka, which governs copyright, moral rights, economic rights, industrial designs, trademarks, trade names, and related intellectual property protections.
• Computer Crimes Act, No. 24 of 2007 of Sri Lanka, governing offences related to unauthorised access, data interference, and computer-related fraud.
• Electronic Transactions Act, No. 19 of 2006 of Sri Lanka, providing the legal framework for electronic communications and digital records.
• The Berne Convention for the Protection of Literary and Artistic Works, to which Sri Lanka is a signatory, providing automatic international copyright protection without requiring registration.
• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) under the World Trade Organisation (WTO).
• The WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).
• Article 12 of the Universal Declaration of Human Rights (UDHR), which protects individuals from arbitrary interference with privacy, family, home, or correspondence.
• Article 14(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka, guaranteeing the freedom of thought, conscience, and religion, and the broader fundamental rights framework.

In the event of any dispute arising from or in connection with this Privacy Policy, the courts of Colombo, Sri Lanka (Ceylon) shall have exclusive jurisdiction.

3. Information We Collect

2.1 Information You Provide Voluntarily

• Name, email address, telephone number, or other contact details when you reach out to us through the Website, email, or any other communication channel.
• Any additional information you voluntarily submit through enquiry forms, project briefs, collaboration proposals, or professional correspondence.

2.2 Information Collected Automatically

• Usage Data: Pages visited, duration of visits, navigation paths, referring URLs, and interaction patterns within the Website.
• Device and Technical Data: Browser type and version, operating system, screen resolution, device identifiers, and connection type.
• IP Address: Your Internet Protocol address is collected for analytics, security monitoring, and protection against unauthorised access.
• Cookies and Tracking Technologies: Small data files and similar technologies may be used to enhance functionality, analyse traffic, and improve user experience.

2.3 Information We Do Not Collect

We do not knowingly collect special categories of personal data as defined under the PDPA, including but not limited to data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic data, biometric data, or data concerning health or sexual orientation, unless explicitly and voluntarily provided by the User with informed consent.

4. Purpose and Lawful Basis for Processing

In accordance with the Personal Data Protection Act, No. 9 of 2022, personal data is processed only where a lawful basis exists. The purposes for which we may process your data include:

• Responding to your enquiries, communications, and professional correspondence.
• Improving the functionality, content, performance, and user experience of the Website.
• Analysing Website traffic and usage patterns for operational and security purposes.
• Protecting the security, integrity, and availability of the Website and its content.
• Protecting and enforcing the intellectual property rights of the Owner, including copyright, moral rights, trademarks, trade names, and brand identity as provided under the Intellectual Property Act, No. 36 of 2003.
• Complying with applicable legal obligations under Sri Lankan law and international treaties.
• Investigating, preventing, or responding to any actual or suspected unauthorised access, misuse, or infringement of the Owner's rights or the Website's security.

5. Protection of Intellectual Property and Creative Works

All content on this Website, including but not limited to text, graphics, logos, trademarks, brand names, photographs, audio, video, motion graphics, visual effects, animations, digital downloads, data compilations, original creative works, and software (collectively, "Content"), is the exclusive intellectual property of MotionFoxx™, Milinda Foxx, and/or their licensors.

Copyright in all original works published on this Website subsists automatically upon creation under Section 6 of the Intellectual Property Act, No. 36 of 2003 and Article 5(2) of the Berne Convention, and does not require registration.

The Owner retains all economic rights (Section 9) and moral rights (Section 10) in respect of all original works, including the right of attribution and the right to object to any distortion, mutilation, or other modification prejudicial to the Owner's honour or reputation. These moral rights are inalienable and persist independently of economic rights.

No data collected through this Website shall be used, directly or indirectly, to undermine, infringe, reproduce, distribute, modify, reverse-engineer, or commercially exploit the Owner's intellectual property, creative works, brand identity, or proprietary methods without the prior express written consent of the Owner.

Any unauthorised use of the Owner's intellectual property may result in civil and criminal proceedings under the Intellectual Property Act, No. 36 of 2003, the Computer Crimes Act, No. 24 of 2007, and any other applicable law.

6. Cookies and Tracking Technologies

The Website may use cookies and similar technologies to collect and store certain information about your visit. Cookies are small data files placed on your device that help us understand how Users interact with the Website and enable us to improve the experience accordingly.

You may control, restrict, or disable cookies through your browser settings at any time. However, disabling cookies may affect the functionality of certain features of the Website. Continued use of the Website without adjusting your cookie settings constitutes consent to the use of cookies as described herein.

7. Third-Party Services

We may engage third-party service providers for website hosting, analytics, content delivery, security, and other operational functions. These providers may collect information about your use of the Website in accordance with their own privacy policies. Such services may include, but are not limited to:

• Website hosting providers
• Analytics services
• Content delivery networks (CDNs)
• Security and firewall services
• Social media platforms (for embedded content or sharing functionality)

We do not sell, trade, rent, or otherwise disclose your personal information to third parties for commercial purposes. Information may only be shared with third parties where strictly necessary for the operation of the Website, compliance with legal obligations, or the protection and enforcement of the Owner's rights.

8. Data Retention

Personal data is retained only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law. When personal data is no longer required, it will be securely deleted or anonymised. Analytical and aggregated data that does not identify individuals may be retained indefinitely for statistical purposes.

9. Data Security

We implement reasonable and appropriate technical and organisational measures to protect personal data against unauthorised access, alteration, disclosure, loss, or destruction, in accordance with the security requirements of the Personal Data Protection Act, No. 9 of 2022. These measures include, where appropriate, encryption, access controls, and secure data handling procedures.

However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to protect personal data, we cannot guarantee absolute security.

10. Your Rights as a Data Subject

Under the Personal Data Protection Act, No. 9 of 2022, and in alignment with internationally recognised data protection principles, you may have the following rights in relation to your personal data:

• Right of Access: The right to request access to the personal data we hold about you.
• Right to Rectification: The right to request correction of inaccurate or incomplete personal data.
• Right to Erasure: The right to request deletion of your personal data, subject to applicable legal obligations and legitimate interests.
• Right to Restrict Processing: The right to request the restriction of processing in certain circumstances.
• Right to Object: The right to object to the processing of your personal data on legitimate grounds.
• Right to Withdraw Consent: Where processing is based on consent, the right to withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing carried out prior to withdrawal.
• Right to Lodge a Complaint: The right to file a complaint with the Data Protection Authority of Sri Lanka established under the PDPA.

To exercise any of these rights, please contact us using the information provided below. We will respond within twenty-one (21) business days of receiving your request, in compliance with the PDPA.

11. Protection of the Owner's Privacy and Rights

The Owner reserves all rights to personal privacy, dignity, and freedom from interference as guaranteed under Article 12 of the Universal Declaration of Human Rights and the fundamental rights provisions of the Constitution of the Democratic Socialist Republic of Sri Lanka.

No information obtained through the use of this Website, including but not limited to IP addresses, usage patterns, correspondence, or any metadata, shall be used to identify, locate, surveil, harass, defame, intimidate, or otherwise interfere with the Owner, their family, their home, their correspondence, or their professional activities.

Any attempt to use data obtained from this Website to engage in the above activities, or to infringe upon the Owner's intellectual property, creative works, professional reputation, or personal privacy, will be treated as a violation of this Policy and may result in legal action under all applicable Sri Lankan and international laws.

12. Cross-Border Data Transfers

Where personal data is transferred outside of Sri Lanka, we will ensure that adequate safeguards are in place in accordance with the provisions of the Personal Data Protection Act, No. 9 of 2022, including any adequacy decisions issued by the relevant Minister or the Data Protection Authority.

13. Children's Privacy

This Website is not directed at individuals under the age of 18. We do not knowingly collect personal data from children. If we become aware that personal data from a child has been collected without appropriate consent, we will take immediate steps to delete such data.

14. External Links

The Website may contain links to external websites operated by third parties. We have no control over the content, privacy practices, or security measures of these external sites and bear no responsibility for their policies. Users are encouraged to review the privacy policies of any external websites they visit through links on this Website.

15. Modifications to This Privacy Policy

We reserve the right to update, amend, or replace this Privacy Policy at any time without prior notice. Any changes will take effect immediately upon publication on the Website. The "Last Updated" date at the top of this Policy will be revised accordingly. Your continued use of the Website following any modifications constitutes acceptance of the revised Privacy Policy.

16. Data Breach Notification

In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of data subjects, we will notify the Data Protection Authority of Sri Lanka without undue delay. Where the breach is likely to result in a high risk to affected individuals, we will also notify those individuals directly, providing clear information about the nature of the breach, the likely consequences, and the measures taken or proposed to address it.

17. Data Protection Impact Assessments

Where a new processing activity, technology, or change in operations is likely to result in a high risk to the rights of data subjects, we will conduct a Data Protection Impact Assessment (DPIA) prior to commencing such processing. The DPIA will evaluate the necessity and proportionality of the processing, assess the risks to data subjects, and identify measures to mitigate those risks, in accordance with the Personal Data Protection Act, No. 9 of 2022.

18. Automated Decision-Making and Profiling

This Website does not engage in automated decision-making or profiling that produces legal effects or similarly significant effects on data subjects. Should this change in the future, this Privacy Policy will be updated accordingly, and appropriate safeguards including the right to human intervention will be made available.

19. Do Not Track Signals

Some web browsers transmit "Do Not Track" (DNT) signals to websites. At this time, there is no universally accepted standard for how websites should respond to DNT signals. We will continue to monitor developments in DNT technology and adjust our practices as appropriate.

20. Data Processing Summary

The following summarises the categories of personal data processed, the purposes of processing, and retention periods:

• Contact Information (name, email, telephone): Collected when you contact us. Purpose: respond to enquiries and professional correspondence. Retained for the duration of the business relationship and for a reasonable period thereafter, or as required by law.
• Usage Data (pages visited, navigation paths, session duration): Collected automatically via analytics. Purpose: improve Website functionality, content, and security. Retained in aggregated/anonymised form.
• Device and Technical Data (browser, OS, IP address): Collected automatically. Purpose: security monitoring, analytics, and protection against unauthorised access. Retained for up to 24 months or as required for security investigations.
• Cookie Data: Collected via browser cookies and similar technologies. Purpose: enhance user experience and gather analytical insights. Retained per cookie-specific expiry periods or until manually cleared by the User.

21. Severability

If any provision of this Privacy Policy is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

22. Entire Agreement

This Privacy Policy, together with the Terms and Conditions, constitutes the entire agreement between you and MotionFoxx™ regarding the handling of personal data and the use of this Website.

23. Contact Information

For any questions, concerns, requests, or complaints regarding this Privacy Policy, the handling of your personal data, or the exercise of your data subject rights, please contact us at:

Email: info@motionfoxx.com

Telephone: (+94) 76 547 3032

Location: Colombo, Sri Lanka (Ceylon)

By using MotionFoxx™ (motionfoxx.com), you acknowledge that you have read, understood, and agreed to this Privacy Policy. Your continued use of the Website constitutes acceptance of these terms, as they may be amended from time to time.