Fooji Privacy Policy
Version 4
Last Changes to Privacy Policy: January [1], 2020
This Privacy Policy explains how Fooji, Inc. ("Fooji," "we," "us" or "our") handles personal information that we collect:
through our website at www.fooji.com (the "Site");
through our mobile application (the "Application");
about users of the Fooji service (the "Service");
in connection with our marketing activities; and
in other settings where we post this Privacy Policy.
Fooji respects your privacy rights and is committed to transparency in how we collect, use and share your personal information. If you have any questions or concerns about your personal information or this Privacy Policy, email us at privacy@fooji.com.
Personal Information We Collect
Information you give us. Personal information that you may provide through the Service or otherwise includes:
Contact information, such as your name, email address and phone number.
Registration information, such as information required to create an account or sign up for an event sponsored by Fooji;
Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
Demographic information, such as age, gender, and five digit zip code as part of collecting personal information.
Marketing information, such as your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications
Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.
Information from third party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as our affiliates within our corporate group of companies; business partners, such as joint marketing partners and event co-sponsors; and publicly accessible sources, such as social media platforms.
Data collected automatically. We, our service providers, and our business partners may automatically log the following information about you, your computer or mobile device, and your activity over time on the Website and other online services:
Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, and general location information such as city or town.
Usage data, such as the website you visited before browsing to the Website, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
Some of our automatic collection is facilitated by:
Cookies, which are text files stored on a visitor's device to uniquely identify the visitor's browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently and remembering your preferences, enabling functionality, helping us understand user activity and patterns, facilitating online advertising and measuring the effectiveness of our ads.
Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content within it was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
How Do We Use Your Information?
We use your personal information for the following purposes or as otherwise described to you at the time of collection:
Service delivery. We use your personal information to:
provide, support, understand and improve the Service;
communication with you regarding the Service, including by sending you service announcements, technical notices, updates, security alerts and support and administrative messages;
We may also communicate with you in response to your support requests, questions, feedback or comments to a blog post, or to provide you with information about our policies.
Website operation. We use your personal information to:
provide, operate, maintain and improve the Website;
understand your needs and interests, and personalize your experience with the Website; and
provide support for the Website and respond to your requests, questions and feedback.
Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and develop other products and services. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
Marketing. We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:
Direct marketing. If you request information from us, use the Service or participate in our surveys, promotions or events, we may send you Fooji-related marketing communications as permitted by law but will provide you with the ability to opt out.
Interest-based advertising. We may contract with third-party advertising and social media companies to display ads on our Service and other websites. These companies may use cookies and similar technologies to collect information about you (including the device data and usage data described above) over time across our Service and other websites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. These ads are known as "interest-based advertisements." You can learn more about your choices for limiting interest-based advertising, in the "Advertising choices" section below.
Compliance and protection. We may use your personal information to:
protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements and internal policies;
enforce our Terms of Service;
protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; and
comply with applicable laws, lawful requests and legal process, such as to respond to subpoenas or requests from government authorities.
Other purposes with your consent. In some cases we may ask for your consent to collect, use or share your personal information with your consent. We use the information from one portion of the Website on other portions of the Website or elsewhere in our network of websites, apps, and other interactive features, or in reports and analysis, all of which are owned and operated by Fooji, and we may combine information gathered from multiple portions of the Website into a single customer record or analysis or report. We also use and/or combine information that we collect off-line or we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records.
How We Share Your Personal Information?
We do not share the personal information you provide us with other organizations without your express consent, except as described in this Privacy Policy. We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:
Affiliates. We may disclose your personal information to our subsidiaries and corporate affiliates for use consistent with this Privacy Policy.
Service providers. We may employ companies and individuals to help provide the Website or Service on our behalf or help us operate our business (such as IT, customer support, hosting, website analytics, email delivery, marketing and advertising, research, event management). They are permitted to use your personal information only as authorized to perform these tasks in a manner consistent with this Privacy Policy.
Advertising partners. We work with third party advertising companies that collect information about your activity on the Website and other online services to help us advertise our services (including, through interest-based advertising), and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.
Third-party platforms and social media networks. If you have enabled features or functionality that connect the Service to a third-party platform or social media network (such as by logging in to the Service using your account with the third-party, providing your API key or similar access token for the Service to a third-party, or otherwise linking your account with the Service to a third-party's services), we may disclose the personal information that you authorized us to share. We do not control the third party's use of your personal information.
Other users of the Service and the public. We may make available on the Website or in the Services, or link to, features that allow you to share information online (e.g., on message boards, in chat areas, in file uploads, through events, etc.). Please be aware that whenever you voluntarily disclose personal information online, that information becomes public and can be collected and used by others. We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly-disclosed personal information. By posting personal information online in public forums, you may receive unsolicited messages from other parties.
Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services they render to us.
Compliance and protection. We may disclose your personal information as we believe appropriate to government or law enforcement officials or private parties (a) for the compliance and protection purposes described above; (b) as required by law, lawful requests or legal process, such as to respond to subpoenas or requests from government authorities; (c) where permitted by law in connection with any legal investigation; and (d) to prosecute or defend legal claims.
Business transferees. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.
What Steps Are Taken To Keep Personal Information Secure?
The security of your personal information important to us. We take a number of organizational, technical and physical measures designed to protect the personal information we collect, both during transmission and once we receive it. However, no security safeguards are 100% secure and we cannot guarantee the security of your information.
How Can We Transfer Your Personal Information?
Fooji is headquartered in the United States and has service providers in other countries. Your personal information and other information collected through the Website and Service may be stored and processed in the United States or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country.
If you are in the European Economic Area or Switzerland, please see the Cross-Border Data Transfer subsection below for important information about the transfer of personal information outside of the European Economic Area.
What Happens When I Link To or From Another Website or Service?
This Website may link or integrate with other websites and services operated by third parties, including social media platforms, advertising services and other websites and applications. These links and integrations are not endorsements of, or representations that we are affiliated with any third party. Please be advised that the practices described in this Privacy Policy for Fooji do not apply to information gathered through these other websites. We do not control the third party websites, applications, or services and we are not responsible for the actions and privacy policies of third parties and other websites. Third party websites and services follow different rules regarding their collection, use and sharing of your personal information and we encourage you to read their privacy policies to learn more.
Your Choices
Access, Update, Correct or Delete Your Information. You may review, update, correct or delete the personal information in your profile by emailing us at privacy@fooji.com.
Marketing communications. You may opt out of marketing-related emails by following the opt-out prompt in the email. You may continue to receive Service-related and other non-marketing emails.
Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser's settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and our Website may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
Advertising choices. You can limit use of your information for interest-based advertising by:
Browser settings. Blocking third party cookies in your browser settings using or ad-blocking browser plug-ins/extensions.
Mobile device settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
Platform settings. Using Google's and Facebook's interest-based advertising opt-out features:
Google: https://adssettings.google.com/
Facebook: https://www.facebook.com/about/ads
Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:
Network Advertising Initiative:http://www.networkadvertising.org/managing/opt_out.asp
European Interactive Digital Advertising Alliance (for European users): http://www.youronlinechoices.eu/
Digital Advertising Alliance:
optout.aboutads.info, which lets you opt-out of interest-based ads on websites.
AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which lets you opt-out of interest-based ads in mobile apps.
The opt-out preferences described above must be set on each device for which you want them to apply. Not all companies that serve interest-based ads participate in the ad industry opt-out programs described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.
Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.
Declining to provide your personal information. If you do not provide information indicated as required or mandatory within the Service, or that is otherwise necessary to provide a requested service or feature within the Service, that portion or all of the Service may be unavailable to you and we may deactivate your account.
Children
The Services are not directed to anyone under the age of 16. A parent or guardian who becomes aware that his or her child under the age of 16 has used the Services may contact us at security@fooji.com and we will attempt to delete the child's personal information as soon as possible.
Changes to This Privacy Policy
As our Website continues to develop, we may add new services and features to our Website. In the event that these additions affect our Privacy Policy, this document will be updated appropriately. We will post those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. We do, however, recommend that you read this Privacy Policy each time you use our Website in case you missed our notice of changes to the Privacy Policy.
Contact Us
If you have any questions about this Privacy Policy or don't see your concerns addressed here, you should contact us using the information below:
Fooji, Inc.
Attn: Emily Ezell, Director of Operations
257 E. Short Street, Suite 200
Lexington, KY 40507
(859) 693-3178
This section applies only to California residents. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, "Personal Information" has the meaning given in the California Consumer Privacy Act of 2018 ("CCPA") but does not include information exempted from the scope of the CCPA.
Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
The categories of Personal Information that we have collected.
The categories of sources from which we collected Personal Information.
The business or commercial purpose for collecting and/or selling Personal Information.
The categories of third parties with whom we share Personal Information.
Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.
Whether we've sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.
Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
Deletion. You can ask us to delete the Personal Information that we have collected from you.
Opt-out of sales. If we sell your Personal Information, you can opt-out.
Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of our Service.
How to exercise your rights. You may exercise your California privacy rights described above as follows:
Right to information, access and deletion. You can request to exercise your information, access and deletion rights by:
visiting fooji.com
emailing privacy@fooji.com
Right to opt-out of the "sale" of your Personal Information. Like many companies online, we use services that help deliver interest-based ads to you. Our use of some of these services may be classified under the CCPA as a "sale" of your Personal Information to the companies that provide the services because they collect information from our users (e.g., device data and usage data) to help them serve ads more likely to interest you. You can opt-out of this "sale" of your personal information here: Do Not Sell My Personal Information
We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your information, access or deletion rights. As part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester's valid government-issued identification, and the authorized agent's valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
Personal information that we collect, use and share
The chart below summarizes how we collect, use and share Personal Information by reference to the categories specified in the CCPA, and describes our practices during the 12 months preceding the effective date of this Privacy Policy.
Categories in the chart refer to the categories described above in this Privacy Policy.
| Category of personal information "PI" - definitions available here | PI we collect | Source of PI | Business commercial purpose for collection | Categories of third parties to whom we “disclose” PI for a business purpose | Categories of third parties to whom we “sell” PI (as defined by the CCPA) |
|---|---|---|---|---|---|
| Identifiers | Contact data | You, Public sources, Business partners | Service delivery, Research & development, Marketing & advertising, Compliance & protection | Business partners, Advertising partners, Business transferees, Service providers, Professional advisors, Authorities and others | Advertising partners (to facilitate online advertising) |
| Commercial Information | Usage data | You, Public sources, Business partners, Automatic collection | Service delivery, Research & development, Marketing & advertising, Compliance & protection | Business partners, Advertising partners, Business transferees, Service providers, Professional advisors, Authorities and others | Advertising partners (usage data shared to facilitate online advertising) |
| Online Identifiers | Contact data, Device data, Usage data | You, Business partners, Automatic collection | Service delivery, Research & development, Marketing & advertising, Compliance & protection | Business partners, Advertising partners, Business transferees, Service providers, Professional advisors, Authorities and others | Advertising partners (to facilitate online advertising) |
| Internet or Network Information | Device data, Usage data | Business partners, Automatic collection | Service delivery, Research & development, Marketing & advertising, Compliance & protection | Business partners, Advertising partners, Business transferees, Service providers, Professional advisors, Authorities and others | Advertising partners (to facilitate online advertising) |
| Inferences | May be derived from your: Usage data, Online activity data | N/A | Service delivery, Research & development, Marketing & advertising, Compliance & protection | Business partners, Advertising partners, Business transferees, Service providers, Professional advisors, Authorities and others | None |
References to "personal information" in this section of the Privacy Policy are equivalent to "personal data" governed by European data protection legislation.
Controller and EU Representative. Fooji, Inc. is the controller of your personal information covered by this Privacy Policy for purposes of the European data protection legislations and you can contact us using the contact details in the Contact us section above.
Our EU Representative is: McCann Fitzgerald, Riverside One, Sire Jon Rogerson's Quay, Dublin 2, Do2 x576, Ireland.
Legal bases for processing. We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below. If you have questions about the legal basis of how we process your personal information, contact us at privacy@fooji.com.
| Processing purpose | Legal Basis |
|---|---|
| Service delivery Website operation | Processing is necessary to perform the contract governing our operation of the Website or the provision of the Services,or to take steps that you request prior to engaging our Services. Where we cannot process your personal data as required to operate the Website or Services on the grounds of contractual necessity, we process your personal information for this purpose based on our legitimate interest in providing you with the Services you access and request. |
| Marketing | Processing is based on your consent where that consent is required by applicable law. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Service. Where such consent is not required by applicable law, we process your personal information for these purposes based on our legitimate interests in promoting our business. |
| Research and development | Processing is based on our legitimate interests in performing research and development to improve our services and develop new services. |
| Compliance and protection | Processing is necessary to comply with our legal obligations or based on our legitimate interests in protecting our or others' rights, privacy, safety or property. |
| Other purposes with your consent | Processing is based on your consent. Where we rely on your consent you have the right to withdraw it anytime in the manner indicated when you consent or in the Service. |
Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.
Retention. We will only retain your personal information for as long as necessary to fulfil the purposes for which we collected it, including to satisfy legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and the applicable legal requirements.
Your rights. European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
Opt-out. Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing communications.
Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information.
Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
Restrict. Restrict the processing of your personal information.
Object. Object to our reliance on our legitimate interests as the legal basis of processing your personal information if that processing adversely impacts your legal rights.
To request one of these actions, contact us using the details in the "Contact Us" section above. We may request information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, please contact us. In addition, you may submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection
regulator here.
Cross-Border Data Transfer
If we transfer your personal information out of the European Economic Area or Switzerland and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Such safeguards may include applying the European Commission Model contracts for the transfer of personal data to third countries described here, or for transfers to third parties in the United States, ensuring they participate in the EU-U.S. Privacy Shield Framework or Swiss-U.S. Privacy Shield Framework. Please contact us for further information about any such transfers or the specific safeguards applied.