Effective as of September 25, 2018
1. HOW WE COLLECT AND USE INFORMATION
Personally Identifiable Information: We collect information that can be used to identify you as an individual (“Personally Identifiable Information”) only when you provide such information directly to us in connection with the Site or Service.
We ask for Personally Identifiable Information such as your name and e-mail address when you register for an account, or if you correspond with us (in which case we will also retain our responses). If you purchase products or the Service, then we will also ask for additional information, such as your credit card number and billing address. We may also retain any messages you send through the Site or Service.
We use Personally Identifiable Information to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive these marketing communications, please email Fauna at email@example.com, or send correspondence to Fauna Inc., 744 Montgomery Street Suite 200, San Francisco, CA 94111, Attn: Legal and request to be removed from Fauna's mailing list. Fauna will endeavor to honor all such requests within fifteen (15) days of Fauna's receipt of such written removal request. We also use your Personally Identifiable Information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Site or Service related e-mails.
Non-Personally Identifiable Information: We also collect and use information about your interactions with the Site or Service in a manner and format that does not identify you as an individual (“Non-Personally Identifiable Information”). Generally, we do not combine or associate Non-Personally Identifiable Information with your Personally Identifiable Information. If we do combine Non-Personally Identifiable Information with Personally Identifiable Information, we treat the combined information as Personally Identifiable Information. We may collect, use, and disclose Non-Personally Identifiable Information as set forth below.
Analytics Information: We use third-party analytics tools to help us measure traffic and usage trends for the Site. These tools collect information sent by your browser as part of a web page request, including the web pages you visit, your browser add-ons, your browser’s width and height, and other information that assists us in improving the Site. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Cookies Information: When you visit the Site, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets Fauna help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Site (e.g., the pages you view, the links you click and other actions you take on the Site), and allow us or our business partners to track your usage of the Site over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you use our Site, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Site, domain names, landing pages, pages viewed, and other such information.
Clear Gifs/Web Beacons Information: When you use the Site, we may employ clear gifs (also known as web beacons), which are used to anonymously track the online usage patterns of our customers anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our customers to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Site.
Information Fauna Collects Through Fauna’s Customers’ Use of the Site or Service . Fauna only collects and stores data authorized by its customers through its customers use of its Service. While Fauna recognizes that an individual may have rights to access the data collected and stored about that individual, Fauna does not have a relationship with its customers’ end users but rather only with its customers (data controller). As a result, if you are an end user of one of our customers and you would like to amend, delete or alter your data, then you need to contact that customer directly and Fauna will respond within a reasonable period of time to any such request by our customer. Fauna only retains the data its customers collect or store through their use of the Service for as long as necessary to provide the Service to its customers or as required to comply with legal obligations, resolve disputes and enforce any agreement.
2. SHARING OF YOUR INFORMATION
Personally Identifiable Information: We will not rent or sell your Personally Identifiable Information to third parties outside Fauna and its controlled subsidiaries and affiliates without your consent, except as noted below:
We may at any time buy or sell/divest Fauna, or any combination of our products, services, assets and/or businesses. Personally Identifiable Information such as customer names and email addresses, and other user information related to the Site or Service will likely be one of the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
Fauna will disclose Personally Identifiable Information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms and Conditions, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property, or personal safety of Fauna, our customer or others.
Non-Personally Identifiable Information: We may share Non-Personally Identifiable Information, including information obtained through tools such as cookies, log files, and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with our third-party business partners.
3. HOW WE PROTECT YOUR INFORMATION
Safeguarding Measures: Fauna uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of all information collected from through the Site or Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Fauna, at all times. Notwithstanding the foregoing measures, Fauna cannot ensure or warrant the security of any information you transmit to Fauna or guarantee that information on the Site or Service may not be accessed, disclosed, altered, or destroyed. Please be advised that we cannot, and we do not believe that anyone can, genuinely guarantee or warrant absolute security of Personally Identifiable Information disclosed or transmitted via the Internet to us or a third-party. As a result, absent Fauna’s gross negligence, customers and users agree to not hold Fauna responsible for the theft, destruction, loss, damage or inadvertent disclosure of Personally Identifiable Information or other data provided to Fauna.
Compromise of Information: In the event that any information under our control is compromised as a result of a breach of security, Fauna will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
4. YOUR CHOICES ABOUT YOUR INFORMATION
Withhold Your Personally Identifiable Information: You may, of course, decline to submit any Personally Identifiable Information through the Site or Service, in which case the Fauna may not be able to provide certain services to you.
Modifying Your Account Information and Settings: You may update your account information and email-communication preferences at any time by logging in to your account and navigating to the user profile page where you can adjust your notification settings, or by e-mailing firstname.lastname@example.org. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Site, Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at email@example.com.
Avoiding Collection of Non-Personally Identifiable Information: The only way to completely “avoid” of the collection of any information through cookies or other technology is to actively manage the settings on your browser. Please refer to your browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative’s online resources). Note that disabling cookies on your browser prevents Fauna or its business partners from tracking your browser’s activities in relation to the Site, and for use in targeted online advertising. However, doing so may disable many of the features available through the Site.
5. YOUR RIGHTS IF YOU ARE A RESIDENT OF THE EUROPEAN ECONOMIC AREA
Subject to applicable data protection laws, customers and users have the following rights with respect to Fauna’s handling of Personally Identifiable Information for which Fauna is the data controller:
To exercise any of the above listed rights, email Fauna at firstname.lastname@example.org or mail Fauna, Inc., 744 Montgomery Street Suite 200, San Francisco, CA 94111, Attn: Legal. Fauna will process requests in accordance with applicable law, with reasonable efforts and within a reasonable period of time.
Fauna acts as a data controller when we collect and process Personally Identifiable Information for Fauna’s legitimate interests, such as analyzing user interaction with our Site or processing a customer credit card payment. Fauna acts as a data processor when we provide Service to our customers, such as the operations of the Service itself and remote troubleshooting technical support. When acting as a data processor, Fauna will process Personally Identifiable Information in accordance with customer instructions. Fauna's affiliates or subsidiaries may also act as data controllers or processors to the extent customers purchase Service from those entities or Personally Identifiable Information is shared with those entities.
7. RETENTION OF DATA
We may retain data, including Personally Identifiable Information, for as long as necessary to deliver the Service or as needed for other lawful purposes. We may retain anonymized or pseudonymized, aggregated data indefinitely or to the extent permitted under applicable law without further notice to you.
8. DO NOT TRACK
At this time, our Site does not support “Do Not Track” preferences that may be available in your browser for letting websites know that you do not want them collecting certain kinds of information. If you turn on the “Do Not Track” setting on your browser, our Site is not currently capable of following whatever Do Not Track preferences you set. For more information about Do Not Track, visit www.donottrack.us.
9. CALIFORNIA PRIVACY RIGHTS
Under California’s "Shine the Light" law (California Civil Code Section 1798.83), California residents who provide Personally Identifiable Information in obtaining products and services for personal, family or household use are entitled to request and obtain from Fauna, once per calendar year, information about Personally Identifiable Information Fauna has shared, if any, with other businesses for their own direct marketing uses. Fauna does not currently share your Personally Identifiable Information with other businesses for their own direct marketing uses. However, if applicable, this information would include the categories of Personally Identifiable Information and the names and addresses of those businesses with which Fauna shared Personally Identifiable Information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). To obtain this information, please send an email to email@example.com with "Request for California Privacy Information" in the subject line, or mail Fauna Inc., 744 Montgomery Street Suite 200, San Francisco, CA 94111, Attn: Legal.
11. PERSONALLY IDENTIFIABLE INFORMATION OF CHILDREN
12. Binding Arbitration
14. HOW TO CONTACT US