Privacy Policy
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Introduction
Figment Inc. and its affiliated entities (collectively, “Figment,” “we,” “our,” or “us”) are committed to protecting your privacy in accordance with all applicable data protection laws. References in this privacy policy to “Figment,” “we,” “our” and “us” are references to the entity responsible for processing your personal data. This entity is also referred to as the data controller. Figment is a worldwide company headquartered in Toronto, Canada.
This Figment Global Privacy Policy (“Privacy Policy”) describes the types of information, including personal data, that Figment collects from you or that you may provide when you use our products and services (referred to collectively herein as the “Services”), as well as what we may collect from you as you otherwise interact with us or request Services from us as described further in this Privacy Policy. Services include, but are not limited to, our content on the websites located at www.figment.io, app.figment.io, and docs.figment.io or any other webpages or mobile applications we own, operate or distribute (collectively, the “Website”) and your staking of digital assets (“Tokens”) with us. This Privacy Policy also explains how Figment and its affiliated entities collect, use, maintain, protect, and disclose your personal data.
Please read this Privacy Policy carefully. By using the Website, you agree to the collection, use, and disclosure of your personal data as described in this Privacy Policy. If any term in this Privacy Policy is unacceptable to you, please do not use the Website or provide any personal data to us.
Residents of the European Union/European Economic Area, California, Colorado, Connecticut, Utah, and Virginia have additional rights: See Appendix A, attached hereto, for additional disclosures, including certain rights, regarding any personal data that we process subject to relevant and applicable data protection legislation.
This Privacy Policy will explain:
- What personal data we collect
- Why we collect your personal data
- How we disclose your personal data
- How we protect your personal data
- How long we keep your personal data
- Your rights with regard to your personal data
- Third-party websites
- Children’s privacy
- How to contact us
- Revisions to the privacy policy
- Additional information for residents of the European Union/European Economic Area
- Additional information for residents of California
- Additional information for residents of Colorado, Connecticut, Utah, and Virginia
1. What Personal Data We Collect
We collect and maintain several types of personal data about visitors to the Website, including both those who view only publicly-available content (“Visitors”) and end users (“Users”) who interact with the Website or our Services. Personal data does not include anonymous data (i.e., information that cannot be associated with or tracked back to a specific consumer, household or device).
a. Personal Data You ProvideWe collect personal data that you provide to us directly through the Website and our Services. The personal data we collect from you includes:
- Personal Information. When using our Services or the Website, you may be requested to provide us with certain personal information about yourself, such as your first and last name, physical address, email address, company, and/or title. We do not collect any personal information from Visitors when they use the Website unless they provide such information voluntarily.
- Wallet Information. When staking Tokens to us, you may need to provide us with certain information related to the digital wallet in which you maintain the Tokens being staked (“Wallet ID”). We will only use your Wallet ID in order to provide our Services to you. We do not share your Wallet ID with any third parties other than for the purpose of providing our Services to you.
- Account Information. You may need to register an account with Figment to use certain of our Services. When you register an account with Figment, we may collect information such as your username, email address, password, custodial platform API keys, Wallet IDs, and other similar information you voluntarily provide.
- Third-Party Information. We also may combine the personal data that we have collected about you with other information about you obtained from other sources (both online and offline), such as from third parties and public sources. For example, if you connect with us on social media, including LinkedIn, Facebook, Twitter, or YouTube, so that we can provide you with news and other updates on these platforms, we may use the platforms’ data analytics and advertising tools to obtain personal data about you such as your demographics, interests, location and other characteristics, to use for research and analytical purposes, as well as for targeted or online behavioral advertising on other websites.
As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Device Information. When you use and access the Website, we receive information about your device, such as your IP address and location.
- Usage Information. We automatically receive information about your interactions with the Website including details of your visits to the Website, anonymous IDs, traffic data, form submissions, date and time of access, and the resources that you access and use on the Website.
The Website uses cookies, analytics tools, and other similar technologies to collect information about your equipment, browsing actions, and patterns to help the Website function effectively, improve our Services, and assist us with our marketing. For more information, please click the cookie icon on the bottom-left corner of your screen.
- Cookies: We may collect some information from you using a “cookie.” “Cookies” are small bits of data cached or stored on your computer based on Internet activity. They can be placed on your computer both by us and by third parties with whom we have a relationship, such as web analytic services and advertising network services. Cookies help us track and understand how individuals use and interact with the Website and otherwise manage the Website. We gather this information for internal use only and will never authorize the release of this information to anyone outside of Figment. We may use single-session (temporary) cookies. Temporary cookies last only as long as your web browser is open and are used for technical purposes such as enabling better navigation on the Website. Once you close your browser, the cookie disappears. We also may use multi-session (persistent) cookies on the Website. Persistent cookies are stored on your computer or device for longer periods and are used for purposes including session management (for example, to recognize you and recall your individual login information and preferences) and tracking the number of unique visitors to the Website. Persistent cookies are also used to obtain information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. Persistent cookies identify your web browser to our servers when you visit the Website and also help us to remember your preferences from session to session to provide an enhanced user experience. Please consult your Internet browser’s documentation for information on how to manage your cookies and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Website may not function properly. For more information on your choices regarding the use of cookies, please contact us using the contact information provided below under “How to Contact Us.”
- Social Media Plug-ins: We may use social media plug-ins on the Website to enable you to easily share information with others. We use the information collected from the plug-ins to learn about your interests and to help us better understand how to serve you. This information may include your preferences about how to contact you or further develop a business or professional relationship with you, your product preferences, languages, marketing preferences, and some demographic data. These plug-ins may include those from companies like Facebook, Twitter, LinkedIn, and YouTube. The social media plug-ins may allow these companies to receive directly identifiable personal data about you and your visit to the Website. When you visit the Website, the operators of the social media plug-ins on the Website place cookies on your computer that enable them to recognize you on websites belonging to them and their affiliates and partners after you have visited the Website, or that enable them to add the information collected from your visit to the Website with your prior activity on those websites. The social media plug-ins collect this information about Users whether they specifically interact with the plug-in or not, and it may enable social media companies to share information about your web-browsing navigational information with some of their other Users. Figment does not control what information is collected by the social media plug-ins or the information practices adopted by those social media companies. For more information about social plug-ins from social media websites, you should refer to those companies’ privacy and data sharing statements.
- Website Analytics: We may use third-party web analytics services on the Website such as Google Analytics (the “Analytics Providers”). Analytics Providers help us analyze how Visitors and Users use the Website. The information obtained for this purpose (including your IP address and other information collected by automated means) may be disclosed to or collected directly by Analytics Providers. We use the function ‘anonymizeIP’ (so-called IP-Masking). Only in exceptional cases will the whole IP address first be transferred to a server in Canada and truncated there. The IP anonymization is active on the Website. The IP address that your browser conveys within the scope of these web analytics services will not be associated with any other data held by the analytics providers. We note, however, that access by government and regulatory authorities to the data stored by Analytics Providers cannot be ruled out. Additionally, it cannot be ruled out that Analytics Providers use the data described in this section for their own purposes and link it to other data, such as possibly existing Analytics Providers accounts. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. You can learn more about Google Analytics and how it collects and processes data (including how to control the information sent to Google) by visiting: www.google.com/policies/privacy/partners/. You can opt-out of Google Analytics by using the Google Analytics opt-out browser add-on, available here. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Website. For more information about Google Analytics’ terms of use and Google’s privacy policy, please visit https://marketingSites.google.com/about/analytics/terms/gb/ and https://policies.google.com/?hl=en.
Subject to and in accordance with applicable law, we may combine the information we receive from and about you, including information you provide to us and information we automatically collect through the Website and Services, as well as information collected from other online sources or from third-party sources to help us tailor our communications to you and to improve the Website and Services.
2. Why We Collect Your Personal Data
Figment may use personal data we collect from you for a variety of reasons, including the following:
- To fulfill our contractual obligations to you or your requests for Services or support.
- To communicate with you about our Services and other Services that you may request from us or that we may provide.
- To process your payments and provide you with invoices for such payments.
- To periodically notify you about changes to the Website or any Services we offer.
- To market our Website and Services to you, including by communicating with you about upcoming events and managing your participation in these events.
- To distribute our newsletter.
- To analyze User behavior, analyze the effectiveness of marketing and communications, and optimize the Website’s performance and our Services.
- To maintain, manage, and improve the Website and our Services.
- To create and use de-identified, anonymized, and aggregate information that cannot be used to personally identify you, such as aggregate statistics relating to the use of our service.
- To help maintain the safety, security and integrity of the Website and our Services.
- To operate the Website and perform any Services associated with the Website, including providing you with technical support.
- To investigate and respond to suspected illegal activities or fraud.
- To enforce this Privacy Policy and any other terms that you have agreed to, including to protect the rights, property, or safety of us or any other person, or the copyright-protected content of the Website.
- To comply with applicable federal, state, local, provincial, and other laws and regulations and respond to law enforcement requests or other valid legal requests and as required by applicable law, court order or governmental regulations.
- To conduct Know Your Customer (KYC) checks.
- To assess or effectuate a sale or purchase of businesses or assets or to assess or effectuate a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event. This includes transferring your information to a successor entity either after such a transaction or as part of any due diligence processes conducted while such a transaction is being contemplated.
- For any other purpose with your consent or authorization (where legally required).
3. How We Disclose Your Personal Data
Figment will only grant access to personal data on a need-to-know basis, and such access will be authorized and limited to the personal data that is necessary to perform the function for which such access is granted. Figment discloses the personal data we collect from and about you to the following categories of third parties:
- Affiliates and Agents. We may share your personal data within the Website, to our affiliates, agents, employees, contractors, consultants, and other agents who require such information to assist us with establishing, maintaining, and managing our business relationship with you.
- Service Providers. We may share your personal data with third-party service providers that perform services on our behalf, including business, professional or technical support functions for us and who are bound by contractual obligations to keep personal data confidential and use it only for the purposes for which we disclose it to them.
- Business and Marketing Partners. We may share your personal data with business and/or marketing partners that research, develop, or improve products and services; conduct marketing; with whom we co-host certain events with; with whom we have commercial arrangements, partnerships or joint ventures; or otherwise with whom we have contractual relationships.
- Social Media or External Websites. Our Website contains links to independent social media websites or other websites, which are hosted by third parties and governed by their respective terms of use and privacy policies, to enable you to share information with others and to allow us to better understand your interests and preferences.
- Government or Law Enforcement. We may use your information, including your personal data, to comply with any court order, law, or legal process, including to respond to any government, law enforcement, or regulatory request. We also may use your information if we believe disclosure is necessary or appropriate to protect and defend our rights, interests, property, or assets.
- Successors. We may share your personal data with a potential or actual buyer or other successor in the event of a merger, sale, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Figment about the Website’s Visitors and Users is among the assets transferred.
- Any Other Parties With Your Consent or Authorization. We may share your personal data with anyone for whom you have authorized disclosure of information in this Privacy Policy.
Figment also may share anonymous non-personal data about Users with third parties for their marketing or analytics uses, without restrictions.
4. How We Protect Your Personal Data
We have implemented appropriate technical, physical, and organizational or administrative measures to protect personal data from accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, or misuse, taking into account the costs of implementation and risk. Unfortunately, no method of transmission over the Internet or method of electronic storage is 100% secure. As a result, while we will strive to protect your personal data, we cannot and do not guarantee or warrant the absolute security of any of your personal data. We will not be and are not liable for disclosures of your personal data due to errors in transmission, networks that we do not control, nor unauthorized acts of third parties.
The Website may be hosted on, or integrated with systems hosted on, third-party vendors’ servers. We generally cannot control where these servers are located. You understand and agree that your information may be processed or stored wherever such servers may be, including Canada. For further information regarding how our vendors collect, use, and disclose your information, please refer to their terms of use and privacy policies, available on their respective websites.
The security of your personal data is important to us. Please advise Figment immediately of any incident where you suspect the loss of or unauthorized access to, or disclosure of your personal data that is in our custody or control.
In the event that we are required by law to inform you of any unauthorized access to your personal data, we may notify you electronically or in writing in accordance with applicable law.
5. How Long We Keep Your Personal Data
We retain your personal data to fulfill the purposes for which it is collected, or as required by applicable laws and regulations.
6. Your Rights With Regard To Your Personal Data
We have created the following mechanisms to provide you with control over your personal data:
- Opt-Out From Marketing Communications. You can opt out of receiving our marketing communications by following the instructions for unsubscribing contained in the communications or by contacting Figment using the contact information provided below under “How to Contact Us.”
- Cookies. The means by which you can refuse cookies through your web browser controls vary from browser-to-browser, so you should visit your browser’s help menu for more information. Please note that if you disable functional cookies on your browser, some parts of the Website may not work fully.
- Global Privacy Control. If you have an opt-out preference signal enabled (e.g., the Global Privacy Control), you will automatically be opted out of the sale or sharing of your information, as those terms are defined under applicable law, but we may ask you to confirm your preference if you have previously consented to the sale or sharing of your personal data. Please also note that if you have an account with us, but are not logged into your account, we may not be able to associate the browser or device information connected to your opt-out preference signal with you. If you would like for us to make this connection, you may submit additional information to us through the interactive web form linked herein. To download and use a browser supporting the opt-out preference signal, please visit https://globalprivacycontrol.org/orgs. If you choose to use the opt-out preference signal, you will need to enable it for each supported browser or browser extension you use.
Depending on your local law, you may have certain rights regarding personal data we have collected about you. For more information on rights in certain jurisdictions, please see the section for the appropriate jurisdiction in Appendix A. These rights may include the right to:
- Access: The right to know what personal data we have collected about you and what personal data about you was disclosed to third parties.
- Correction/Rectification: The right to update or correct personal data if you believe there is an inaccuracy.
- Restriction: The right to restrict the processing of your personal data under certain circumstances, such as where you contest the accuracy of your personal data, processing is unlawful, your personal data is no longer needed for the purposes of processing, or you have otherwise objected to processing related to automated individual decision-making.
- Deletion/Cancellation: The right to request deletion of your personal data. Please note that the deletion of your personal data may prevent us from providing you content or other benefits that depend on the processing of your personal data.
- Objection/Opposition: The right to object to our use of your personal data.
- Data Portability: The right to request transmission of your personal data to another data controller.
- Withdraw Consent: The right to withdraw consent you previously provided to us regarding the processing of your personal data at any time. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your withdrawal of consent.
Certain of these rights may be subject to limitations or conditions. You may also be able to limit the use and disclosure of your personal data in order for it not to be processed by following the procedure described below.
If you would like to exercise any of these rights provided under local law, you may contact us using the contact information provided below in Section 9. We will not discriminate against you for exercising any of these privacy rights. We may charge you a fee to access your Personal Information; however, we will advise you of any fee in advance.
If you would like to make a complaint about how we handled your personal data, or make a complaint about a potential violation of data protection laws, please contact us using the contact information provided below in Section 9. Complaints will be investigated and the outcome of the investigation will be communicated to you after the complaint is made in accordance with applicable law. You may have a right in some locations to file a complaint with your local data protection authority.
7. Third-Party Websites
The Website and email messages from us may contain links to third-party websites, which may have privacy policies that differ from our own. You should be aware that the collection, retention and use of any data you provide on these websites will be governed by the privacy policy of the company providing the website and not by this Privacy Policy. Figment therefore encourages you to read the privacy policies and terms of use of linked or referenced websites you enter. These third-party websites may send their own cookies and other tracking devices to you, log your IP address, and otherwise collect data or solicit personal data. FIGMENT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL DATA. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.
8. Children’s Privacy
We do not knowingly collect personal data from children under the age of 16. If you are under 16, please do not give us any personal data. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal data to Figment without their permission. If you have reason to believe that a child under the age of 16 has provided personal data to us, please contact us using the contact information provided below under “How to Contact Us,” and we will endeavor to delete that information from our databases.
9. How to Contact Us
We hope this Privacy Policy answers your questions about our collection, use and disclosure of your personal data. If you have additional questions about this Privacy Policy or the practices described herein or would like to make a complaint, you may contact us at:
Email: legal@figment.io
Postal Address: 545 King Street West, Toronto, Ontario, M5V 1M1
Attention: Privacy Policy
10. Revisions to the Privacy Policy
Figment reserves the right, at its sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. When we do, we will revise the “Last Updated” date at the top of the privacy policy. You should revisit this page periodically to become aware of the most recent privacy terms. Your use of the Website after such changes have been posted constitutes your agreement to such changes.
APPENDIX A – ADDITIONAL REGION-SPECIFIC DISCLOSURES
Under applicable law and regulations, you may, at any time, exercise certain rights, as described below.
11. Additional Information for Residents of the European Union/European Economic Area
If you live in the European Union (the “EU”) or the European Economic Area (the “EEA”), the following additional disclosures apply to your personal data that we process, subject to relevant and applicable data protection legislation.
Lawful Bases of Processing
The lawful bases on which we rely to process your personal data are:
- You have provided us with your consent to do so. You can withdraw your consent at any time by contacting us via the contact details set forth above in Section 9 of this Privacy Policy.
- Processing is necessary for the performance of a contract to which you are a party or Services which you voluntarily obtain from us.
- Processing is necessary for us to comply with a legal obligation to which we are subject.
- We have a legitimate interest in processing your personal data.
International Data Transfers
We may transfer, use and/or store your personal data outside the EU/EEA, including to or in the United States and other countries that do not offer the same protections for personal data. Your personal data may also be processed by personnel who work for us or for a third-party service provider but who operate outside the EU/EEA.
Transfers to third-party service providers are to enable them to use and store your personal data on our behalf. We have, however, put in place appropriate security procedures to protect your personal data. Where your data is transferred to any country outside the EU/EEA, we use safeguards and in compliance with applicable laws, including the standard contractual clauses annexed to the European Commission’s Decision (EU) 2021/914 of 4 June 2021 currently found at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en, as may be amended, superseded or replaced.
We shall notify you of any data breach that is reasonably likely to result in a risk to the interests, fundamental rights, or freedoms of either you or those data subjects to whom the relevant data relates.
Data Subject Rights
You have the following data subject rights, though the extent of these rights may vary by EU member state:
- The right to request access to your personal data.
- The right to request correction of inaccurate or incomplete personal data that we hold about you.
- The right to request deletion of your personal data.
- The right to request restriction of the processing of your personal data.
- The right to withdraw your consent at any time to the processing of your personal data (such as direct marketing) that is based on your consent.
- The right to object to or request that we cease the processing of your personal data.
- The right to request transfer of your personal data to another party in a machine-readable, commonly used and structured format.
- The right to complain to the relevant supervisory authority.
Your rights are not absolute and each is subject to certain exceptions or qualifications. For example, if you wish to object to processing, we may continue processing your personal data if needed to fulfill a legal or contractual requirement. If you want to exercise any of your rights, please contact us using the contact information provided above in Section 9 of this Privacy Policy.
How to Contact Us or Make a Complaint
If you wish to request further information about any of your rights, or if you are not satisfied with how we have handled your data, please contact us using the contact information provided above in Section 9 of this Privacy Policy.
If your complaint is not satisfied by our response or if you believe our processing of your data does not comply with applicable data protection laws, you can make a complaint to the relevant supervisory authority in your country.
12. Additional Information for Residents of California
A. Disclosures of Your Personal Information for a Business Purpose
We collect the following categories of personal information from California residents for the following business purposes and disclose personal information to the following categories of third parties:
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Category of Personal Information Collected |
Categories of Sources of Collection |
Business or Commercial Purpose for Use |
Categories of Third Parties with whom Personal Information is Shared |
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Identifiers Name, company, title, date of birth, address, email address, IP address, and unique device identifiers. |
Directly from you when you contact us through the Website or another method, fill out online forms or other documents related to our Services, as well as when you use the Website. From third parties, such as our affiliates or subsidiaries or your representatives. |
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Commercial Information Name, address, email, and Wallet ID. |
Directly from you when you obtain certain Services from Figment. From third parties, such as our affiliates or subsidiaries or your representatives. |
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Internet or Other Electronic Network Activity Information. Anonymous IDs, page views and time stamps. |
Collected automatically based on a consumer’s interaction with the Website or Services. |
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Professional or Employment-Related Information Title and Company. |
Directly from you when you contact us through the Website or another method or fill out online forms or other documents related to our Services. From third parties, such as our affiliates or subsidiaries or your representatives. |
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Geolocation Data Country. |
Directly from you when you use our Website or certain of our Services. |
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Inferences Drawn from Personal Information Preferences, characteristics, and behavior. |
Directly from you when you contact us through the Website or another method, fill out online forms or other documents related to our Services, as well as when you use the Website. Indirectly from you by observing your interactions with the Website. |
Servicing and improvement of the Website and Services
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B. Sale or Sharing of Personal Information
We do not sell, trade, or rent the personal information of California residents to third parties. However, we do engage in certain information disclosure activities that may be considered “sales” or “sharing” under California Law. For instance, we may engage third parties to help us deliver Internet-based advertisements to you or may use third-party tracking technologies on our website. To the extent this is a sale or sharing under California law, in the preceding twelve (12) months, we have sold or shared the following categories of personal information with advertisers or advertising networks for the purpose of providing you with personal advertisements: identifiers, geolocation, and Internet or similar network activity. We do not knowingly sell or share personal information of consumers under 16 years of age.
C. Your California Privacy Rights
If you are a California resident, the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”) (Civil Code Section 1798.100, et seq.) (collectively “California law”), may provide you with specific rights regarding your personal data. This California Privacy Rights section supplements the Privacy Policy and applies solely to eligible residents of California as of January 1, 2023. Any terms not defined in this section have the same meaning as defined in California law. These rights may include:
- Information about Collection, Use, Sale, Sharing or Disclosure: You have the right to be informed of the categories of personal information that we collect about you, the purposes for which the categories of personal data are collected or used and whether we sell or share such personal data. You also have the right to be informed of the length of time we intend to retain each category of personal information.
- Notice of and Access to Your Personal Information: You have the right to request that we disclose the categories of personal data that we collect about you; the categories of sources from which your personal data is collected; the business or commercial purpose for collecting, selling or sharing your personal data; the categories of third parties to whom we disclose your personal data; and the specific pieces of personal data that we collected about you. Once we have verified your identity, we will disclose the specific pieces of personal data we collected about you, which will be made in writing and delivered electronically in a readily usable format that allows you to transmit the information from one entity to another entity without hindrance. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance.
- Deletion Request Rights: You have the right to request that we delete any of your personal data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will conduct a reasonable search of our records in order to locate any personal information we have collected from you that is eligible for deletion, and delete such personal information. We are not required to delete any personal information we have collected about you in certain circumstances described in applicable California laws.
- Opt Out of Sales or Sharing of Personal Information: You have the right to opt out of the sale and sharing of your personal data. You can exercise this right by completing our web form.
- Correct Inaccurate Personal Information: You have the right to request that we correct any of your personal information that we maintain.
- Non-Discrimination or Retaliation: We will not retaliate or discriminate against you for exercising any of your privacy rights under California law or other applicable law, including by denying you goods or Services; charging you different prices or rates for goods or Services, including through the use of discounts or other benefits or imposing penalties; providing you a different level of quality of goods or Services; or suggesting that you will receive a different price or rate for goods or Services or a different level of quality of goods or Services.
- Your Rights under “Shine the Light”: California Civil Code Section 1798.83 permits California residents to request information regarding our disclosure, if any, of their personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information disclosed and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2023 will receive information about 2022 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request by emailing us at legal@figment.io, and placing “Privacy Policy” in the subject line.
- Right to Appeal: You have the right to appeal any decision or indecision related to the exercise of any right you are granted under California Law.
Non-affiliated third parties are independent from Figment and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.
D. How to Exercise Your California Privacy Rights
You do not need to create an account with us to exercise your California privacy rights. To exercise the California Law rights described above, please submit a verifiable consumer request to us by either:
- Visiting our online portal; or
- emailing us at legal@figment.io, and placing “California Privacy Rights” in the subject line.
To exercise your right to access, delete or correct your personal information as described above, we need to verify your identity or authority to make the request and confirm the personal information relates to you. To verify your identity, we may ask you to provide your full name, email address, and/or address.
Only you or an authorized agent (“Authorized Agent”) may make a verifiable consumer request related to your personal data. When an Authorized Agent is submitting a request on your behalf, we require your Authorized Agent to provide evidence of their entitlement, which must include information sufficient to identify you and the purpose of the request, and at least one of the following:
- written and signed permission designating the Authorized Agent to act on your behalf. You must verify your identity with us and directly confirm with us that you have provided the Authorized Agent permission to submit the request;
- evidence that you have provided the Authorized Agent with power of attorney pursuant to the California Probate Code; or
- proof that the Authorized Agent is a person or business entity registered with the California Secretary of State and that you have authorized such person or business entity to act on your behalf.
Absent such documentation, we reserve the right to refuse to comply with third-party requests for information. You also may make a verifiable consumer request on behalf of your minor child.
13. Additional Information For Residents of Colorado, Connecticut, Utah, and Virginia
For eligible residents of Colorado, Connecticut, Utah and Virginia, you also have rights with respect to the personal information, also known as personal data, that we collect about you. This Colorado, Connecticut, Utah, and Virginia Privacy Rights section supplements the Privacy Policy and applies solely to eligible residents of Colorado, Connecticut, Utah and Virginia. Any terms not defined in this section have the same meaning as defined under applicable Colorado, Connecticut, Utah and Virginia privacy law, including the Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act and Virginia Consumer Data Protection Act. Subject to certain exceptions, if you are an eligible resident of one of these states, you have certain privacy rights which may include, depending on your state of residency:
- Right to Access. You have the right to confirm whether we process your Personal Information and access such Personal Information. You also have the right to obtain your Personal Information in a portable, and, to the extent reasonably feasible, readily usable format that you can transmit without hindrance.
- Right to Delete. You have the right to request that we delete the Personal Information you have provided to us or that we have otherwise obtained about you.
- Right to Opt Out. You have the right to opt out of the processing of your Personal Information for the purposes of (i) targeted advertising, (ii) the sale of your Personal Information and (iii) profiling in furtherance of decisions, including, solely automated decisions for eligible residents of Connecticut, that produce legal or similarly significant effects.
- Right to Correct. You have the right to request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information.
- Right to Appeal. You have the right to appeal decisions with regard to your request to exercise any rights described herein.
You do not need to create an account with us to exercise your Colorado, Connecticut, Utah or Virginia privacy law rights. To exercise the rights described in this section, including your opt-out rights, please submit a verifiable consumer request to us by either:
- Visiting our online portal; or
- emailing us at legal@figment.io, indicating in the subject line whether you are a resident of Colorado, Connecticut, Utah or Virginia.