Fauna Inc.'s Privacy Policy

EFFECTIVE AS OF NOVEMBER 13, 2020

Fauna, Inc. (“Company,” “we,” or “us”) provides this Privacy Policy to explain our practices regarding the collection, use, disclosure, and protection of personal information that apply to our website at fauna.com, our mobile websites, mobile applications, social networking or other interactive media sites, other online or mobile services, and any other platforms or services that link to this Privacy Policy (collectively, “Fauna”), as well as your choices regarding the collection and use of your information.

This Privacy Policy does not apply to information we collect by means (including offline) or from other sources other than through Fauna. Remember that your use of Fauna is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms and Conditions.

By using Fauna, you agree to the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, do not use Fauna. Your access of Fauna for the limited and exclusive purpose of reviewing this Privacy Policy does not constitute your acceptance of this Privacy Policy unless you make any further access or use of Fauna.

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 Fauna.

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 Fauna, 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 Fauna.

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, you may change your preferences in your user profile settings page. We also use your Personally Identifiable Information to send you Fauna-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of Fauna, and technical and security notices). You may not opt out of service-related e-mails unless you decide to terminate your Fauna account.

Non-Personally Identifiable Information: We may also collect and use information about your interactions with the Fauna 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 Fauna. 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 Fauna. 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 Fauna, 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 Fauna (e.g., the pages you view, the links you click and other actions you take on Fauna), and allow us or our business partners to track your usage of Fauna 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 Fauna 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 Fauna, domain names, landing pages, pages viewed, and other such information.

Clear Gifs/Web Beacons Information: When you use Fauna, 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 Fauna.

We use or may use cookies, log file, and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Site; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses; and (f) help you efficiently access your information after you sign in. To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative’s online resources here.

Information Fauna Collects Through Fauna’s Customers’ Use of Fauna ‚Äč. Fauna only collects and stores data authorized by its customers through its customers use of Fauna. 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 Fauna for as long as necessary to provide Fauna 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 Company or its affiliates without your consent, except as noted below:

We may share your Personally Identifiable Information with third-party business partners for the purpose of providing Fauna to you. Those business partners will be given limited access to the Personally Identifiable Information that is reasonably necessary to deliver Fauna, and we will require that such third parties comply with this Privacy Policy.

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 Fauna 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.

We 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 Company, 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 Storage and Processing: Personally Identifiable information collected through Fauna may be stored and processed in the United States or any other country in which Company or its subsidiaries, affiliates or service providers maintain facilities. Fauna.com is hosted in the United States. If you are a user or customer accessing fauna.com from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of Fauna (which is governed by U.S. law, this Privacy Policy, and Fauna’s Terms of Use), you are transferring your personal information to the United States and you agree, understand and consent to the transfer and storage of your data in the United States. In addition, you also consent to the use and disclosure of your data as provided in this Privacy Policy.

Safeguarding Measures: Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of all information collected from through Fauna. 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 Company, at all times. Notwithstanding the foregoing measures, Company cannot ensure or warrant the security of any information you transmit to Company or guarantee that information on Fauna 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 Company’s gross negligence, customers and users agree to not hold Company responsible for the theft, destruction, loss, damage or inadvertent disclosure of Personally Identifiable Information or other data provided to Company.

Compromise of Information: In the event that any information under our control is compromised as a result of a breach of security, Company 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 Fauna, in which case Company 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 priority@fauna.com. 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 Fauna-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of Fauna unless you terminate your account. If you have any questions about reviewing or modifying your account information, you can contact us directly at priority@fauna.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 Company or its business partners from tracking your browser’s activities in relation to Fauna, and for use in targeted online advertising. However, doing so may disable many of the features available through Fauna.

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 Company’s handling of Personally Identifiable Information for which Company is the data controller:

  • Access. The right to request access to Personally Identifiable Information held by Company.
  • Objection. The right to object to certain processing of Personally Identifiable Information (unless Company has overriding compelling grounds to continue processing), including the right to opt-out of receiving direct marketing. We will, however, continue to use Personally Identifiable Information for the limited purpose of communicating important notices relating to purchases, changes to Fauna or policies, and other reasons permitted by law.
  • Rectification. The right to request correction of Personally Identifiable Information that is incomplete, incorrect, unnecessary or outdated.
  • Right to be Forgotten. The right to request erasure of all Personally Identifiable Information that is incomplete, incorrect, unnecessary or outdated within a reasonable period of time. Company will do everything possible to erase Personally Identifiable Information if a user or customer so requests. However, Company will not be able to erase all Personally Identifiable Information if it is technically impossible due to limitations of existing technology or for legal reasons, such as Company is mandated by applicable law to retain Personally Identifiable Information.
  • Restriction of Processing. The right to request restriction of processing Personally Identifiable Information for certain reasons, such as the inaccuracy of Personally Identifiable Information.
  • Data Portability. If requested, Company will provide Personally Identifiable Information in a structured, secure, commonly used and machine-readable format. Right to Withdraw Consent. If Personally Identifiable Information is processed solely based on consent, and not based on any other legal basis, customers can withdraw consent at any time.
  • Data Protection Contact. The right to contact the relevant data protection regulator regarding Company’s handling of Personally Identifiable Information.

To exercise any of the above listed rights, email Company at priority@fauna.com or mail Fauna, Inc., 548 Market Street #87043, San Fransisco, CA 94104 Attn: Legal. Company will process requests in accordance with applicable law, with reasonable efforts and within a reasonable period of time.

6. FAUNA AS A DATA CONTROLLER AND PROCESSOR Company acts as a data controller when we collect and process Personally Identifiable Information for Company’s legitimate interests, such as analyzing user interaction with our Site or processing a customer credit card payment. Company acts as a data processor when we provide Fauna to our customers, such as the operations of Fauna itself and remote troubleshooting technical support. When acting as a data processor, Company will process Personally Identifiable Information in accordance with customer instructions. Company's affiliates or subsidiaries may also act as data controllers or processors to the extent customers purchase Fauna 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 Fauna 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 Company, once per calendar year, information about Personally Identifiable Information Company has shared, if any, with other businesses for their own direct marketing uses. Company 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 Company 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 priority@fauna.com with "Request for California Privacy Information" in the subject line, or mail Fauna Inc., 548 Market Street #87043, San Fransisco, CA 94104, Attn: Legal.

10. THIRD PARTY LINKS. This Site may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies. When you leave our website, we strongly recommend you read the privacy policy of every website you visit.

11. PERSONALLY IDENTIFIABLE INFORMATION OF CHILDREN Company does not intend for any portion of Fauna to be accessed or used by children under the age of thirteen, nor does Company intend to collect any Personally Identifiable Information from children under the age of thirteen. By using Fauna, you are representing that you are not under the age of thirteen. If we obtain knowledge that a child under the age of thirteen has provided us with personally identifiable information, we will promptly delete such information. If you are a parent or guardian and discover that your child has provided any such Personally Identifiable Information to us, then you may contact us at the email or mailing address noted at the end of this Privacy Policy below and request that we delete that information from our systems.

12. BINDING ARBITRATION You agree that any legal controversy or legal claim arising out of or relating to this Privacy Policy shall be settled solely by confidential binding arbitration in accordance with the Comprehensive Arbitration Rules & Procedures of JAMS, available at JAMS Comprehensive Arbitration Rules and Procedures. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys' fees. BY ACCEPTING THIS AGREEMENT, CUSTOMER WARRANTS THAT THEY HAVE READ, ARE FAMILIAR WITH, AND UNDERSTAND THE COMPREHENSIVE ARBITRATION RULES OF JAMS, AND HAVE CONSULTED WITH AN ATTORNEY AS TO THEIR IMPACT AND THE IMPACT OF THIS ARBITRATION CLAUSE ON CUSTOMER'S LEGAL RIGHTS. If any provision of this Privacy Policy is held to be invalid, the remaining provisions shall not be affected.

13. CHANGES TO OUR PRIVACY POLICY Company may, in its sole discretion, modify or update this Privacy Policy from time to time, and so you should review this page periodically. When we change the policy, we will update the ‘last modified’ date at the top of this page. If there are material changes to this Privacy Policy or in how Company will use your personally identifiable information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification.

14. HOW TO CONTACT US If you have any questions about this Privacy Policy or Fauna, please contact us at priority@fauna.com or send any correspondence to Fauna Inc., 548 Market Street #87043, San Fransisco, CA 94104, Attn: Legal.