Fauna Inc.'s E.U. – U.S. Privacy Shield Privacy Policy:

Fauna, Inc. (“Fauna,” “we,” or “us”)  is strongly committed to protecting the privacy of those who entrust us with their business and personal information.  Fauna’s privacy policy is described in detail and available for public viewing here

EU-US PRIVACY SHIELD PRIVACY

The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EEA to the United States (the "EU-US Privacy Shield"). The EEA also has recognized the EU-US Privacy Shield as providing adequate data protection (Directive 95/46/EC ).  Fauna complies with the EU-US Privacy Shield regarding the collection, use, and retention of personal information from European Union member countries.  Fauna has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability.  Fauna is subject to the investigatory and enforcement policies of the Federal Trade Commission.  If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

 

To learn more about the Privacy Shield program, and to view our certification page, please visit www.privacyshield.gov

 

This US-EU Privacy Shield Privacy Policy (the "Policy") sets forth the privacy principles Fauna follows with respect to transfers of personal information from the EEA to the United States.

 

Note: It must be emphasized that Fauna does not have control over the uses to which our clients may make of personal information disclosed to them.

 

SCOPE

This Policy applies to all personal information received by Fauna in the United States from the EEA, in any format, including electronic, paper or verbal.

DEFINITIONS

For purposes of this Policy, the following definitions shall apply:

 

"Agent" means any third party that collects or uses personal information under the instructions of, and solely for, Fauna.

 

"Client" means any customer of Fauna, located in the EEA, for whom we host a website or enterprise management system on our servers in the United States.

 

"Fauna" means Fauna, its predecessors, successors, subsidiaries, divisions and groups in the United States.

 

"Personal information" means any information or set of information that identifies or could be used by or on behalf of Fauna to identify an individual.  Personal information does not include information that is encoded or anonymized or publicly available information that has not been combined with non-public personal information.

PRIVACY PRINCIPLES

NOTICE:

Fauna does not collect personal information directly from individuals in the EEA. Where Fauna receives, stores, or processes personal information from our clients in the EEA, we will use and disclose such information in accordance with the notices provided by our clients, only if consistent with the EU-US Privacy Shield Principles, and the choices made by the individuals to whom such personal information relates. We will endeavor, as much as is practicable, to enable our clients to publish and follow the EU Data Protection Directive on their websites that we host.

CHOICE:

Fauna will enable our clients to offer individuals the opportunity to choose (opt-out) whether their personal information is (a) to be disclosed to a third party or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.  Fauna will enable our clients to provide individuals with reasonable mechanisms to exercise their choices.

ACCOUNTABILITY FOR ONWARD TRANSFER:

Fauna does not transfer data to third parties outside of its agents.  Fauna will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant EU-US Privacy Shield Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), EU-US Privacy Shield certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Canada). Where Fauna has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Fauna will take reasonable steps to prevent or stop the use or disclosure. Fauna is liable for appropriate onward transfers of personal data to third parties who do not comply with the Privacy Shield principles.

 

Please be aware that Fauna may be required to disclose an individual's personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

SECURITY:

Fauna will take reasonable precautions to protect personal information in its possession from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

DATA INTEGRITY AND PURPOSE LIMITATION:

Fauna does not use personal information provided by individuals to our clients. When directed by our clients to process such information, Fauna will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual.  Fauna will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current.

ACCESS AND RECOURSE

EU Individuals have the right to access their personal information. Upon request, and with the consent of our clients, Fauna will grant individuals access to personal information that it holds about them.  In addition, Fauna will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.  Note that all websites that Fauna hosts provide a personal profile page that allows the user to modify their personal information and/or request deletion of their account.

ENFORCEMENT AND LIABILITY:

Fauna will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy.  Any employee that Fauna determines is in violation of this policy will be subject to disciplinary action up to and including termination of employment.

DISPUTE RESOLUTION:

Any questions or concerns regarding the use or disclosure of personal information should first be directed to the owner of the website in question (our Client); or if the question or concern is from our Client, then to Fauna at the address given below. Fauna will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information by reference to the principles contained in this Policy.  Fauna will respond to inquiries or complaints within 45 days.  For complaints that cannot be resolved between Fauna and the complainant, Fauna has agreed to participate in the following dispute resolution procedures in the investigation and resolution of complaints to resolve disputes pursuant to the EU-US Privacy Shield Principles:

 

Fauna has committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to JAMS (free of charge to you), available at JAMS Comprehensive Arbitration Rules and Procedures . If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim for more information and to file a complaint.

 

Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.

LIMITATION ON APPLICATION OF PRINCIPLES:

Adherence by Fauna to these EU-US Privacy Shield Principles may be limited (a) to the extent required to respond to a legal or ethical obligation; (b) to the extent necessary to meet national security, public interest or law enforcement obligations; (c) to the extent expressly permitted by an applicable law, rule or regulation; and (d) to the extent that Fauna has limited or no control over the actions of its Clients regarding use of personal information that they have collected.

CONTACT INFORMATION

Questions or comments regarding Fauna's Privacy Shield compliance should be submitted to Fauna by mail to:

 

Fauna, Inc.

744 Montgomery Street, Suite 200

San Francisco, CA, 94539

United States

 

Or by e-mail to priority@fauna.com

CHANGES TO THIS EU-US PRIVACY SHIELD PRIVACY POLICY

This Policy may be amended from time to time, consistent with the requirements of the EU-US Privacy Shield Principles. A notice will be posted on the Fauna web page (www.fauna.com) for 60 days whenever this EU-US Privacy Shield Privacy Policy is changed in a material way.