Last Updated: January 4th, 2021
Description of Users and Acceptance of Terms
The Information We Collect and/or Receive
In the course of operating the Website and/or interacting with you, Figment will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.
- Personal Information: When using our Services, you may be requested to provide us with certain personal information about yourself, such as your name, e-mail address, or phone number. All information we collect and/or receive under this section is collectively called “Personal Information.” We do not collect any Personal Information from Visitors when they use the Website, unless they provide such information voluntarily.
- Wallet Information: When delegating digital tokens to us, you will need to provide us with certain information related to the digital wallet in which you maintain the digital tokens being delegated (“Wallet ID“). We will only use your Wallet ID in order to provide our Services to you and not share your Wallet ID with any third parties other than for such purposes.
- Other Information: In addition to the Personal Information and your Wallet ID, we may collect or receive additional information (collectively, the “Other Information“). Such Other Information may include:
- From Your Activity. In an ongoing effort to improve the Website and the Services, we automatically collect certain information, including, without limitation:
IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Website Visitors visit; and similar data; Information about your device, including the type of device; universally unique ID (“UUID“); advertising identifier (“IDFA“); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); activity and usage information, including pages viewed, preferences, session lengths; information about the tokens you delegate to us; and similar data.
- From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Website. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this 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 Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Website.
The Information Collected by or Through Third-Party Advertising Companies
Accessing and Modifying Information and Communication Preferences
It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.
In some circumstances, we may not be able to reasonably comply with your request to change your personal information and will instead append an alternative text to the record in question.
You can ask to see the personal information that we hold about you. If you want to review, verify, or correct your personal information, please contact Figment using the contact information set out below. Please note that any such communication must be in writing.
When requesting access to your personal information, please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information that we hold about you. We may charge you a fee to access your personal information; however, we will advise you of any fee in advance. If you require assistance in preparing your request, please contact us using the information provided below.
Your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.
In the event that we cannot provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Figment marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Users cannot opt out of receiving transactional e-mails related to their transactions with Figment.
How We Use and Share the Information
We will only use your personal information in accordance with this Policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect, use, and disclose about you is adequate, relevant, not excessive, and used for limited purposes.
You authorize us to use your Personal Information, Wallet ID, and Other Information (collectively, the “Information“) that you provide us in order to provide and improve the Website and Services; to solicit your feedback; and to inform you about our products and services and those of our partners.
You also authorize us to use and/or share Information as described below.
Your personal information may be shared with our employees, contractors, consultants, affiliates, and other parties who require such information to assist us with establishing, maintaining, and managing our relationship with you. In addition, personal information may be disclosed or transferred to another party in the event of a change in ownership of, or a grant of a security interest in, all or a part of Figment.
We may, from time to time, share and/or license Information to other companies who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
We will access, use, and share the Information as required to fulfill our contractual obligations to you or subsequent requests for Services and/or support by you.
We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
In an ongoing effort to better understand our Visitors, Users, Website, and the products and services of Figment and our promotional partners, we may analyze certain Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Website and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the Website and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
As we develop our businesses, we might sell or buy businesses or assets. You acknowledge and agree that in the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, we may transfer your Information to Figment’s successor entity, either after such a transaction or as part of due diligence processes while such a transaction is being contemplated. You further acknowledge and agree that in the event that the equity ownership interests in Figment are transferred to new shareholders, and in the event that Figment issues new equity interests, Figment may undergo a change of control whereby control of Figment is transferred to new person(s).
To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Figment or others.
How We Protect the Information
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
The security of your personal information 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 information that is in our custody or control.
Your Consent is Important to Us
You may change or withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting Figment using the contact information set out below. In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide products or services to, or acquire products or services from, you.
We may collect, use, or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.
Important Notices to Non-Canada Residents
The Website and its servers are operated in Canada, the United States, and elsewhere. Please be aware that your Information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside of Canada and choose to use the Website, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in Canada, the United States, and elsewhere.
c/o Lowenstein Sandler LLP
1 Lowenstein Drive
Roseland, NJ 07068
Attention: Matthew Savare, Esq.
In addition, Figment does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
How to Contact Us