Privacy Policy

Effective as of July 19, 2024

Notice at Collection: Please see the Notice at Collection for information about the personal information to be collected and how we use and share such information.

EEA/UK Notice: If you are located in the European Economic Area or the United Kingdom, please consult the EEA/UK GDPR supplemental notice below.

This Privacy Policy explains how Fooji, Inc. ("Fooji," "we," "us" or "our") and how we handle your personal data when you visit our site at [www.fooji.com] (the “Website”),
and any other website operated by Fooji that links to this Privacy Policy (collectively, the “Services”). The purpose of this Privacy Policy is to provide you with an explanation of the personal data we collect, when, why, and how we collect, use and share your personal data and it explains your statutory rights.

We strongly urge you to read this Privacy Policy and make sure you fully understand our
practices in relation to personal data before you use our Services.

This Privacy Policy applies to information collected from Fooji's business and enterprise customer representatives but does not apply to information collected or processed in connection with our microsites or other products or services we provide in conjunction with or on behalf of our business customers. This Privacy Policy also does not apply to our collection or processing of personal data in connection with a job application, including information collected through our Careers page.

You can download a printable copy of this Privacy Policy here.

1. Personal data we collect

1.1 Information you provide to us. Personal data you may provide to us through our Services, or otherwise, includes:

• Contact data, such as your first and last name, email address, and phone number.

• Registration data, such as information required to create an account or sign up for an event sponsored by Fooji.

• Communications data, such as data that we exchange with you, including when you contact us with questions or feedback, through our Services, social media, or otherwise.

• Demographic data, such as age, gender, and zip code.

• Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.

• User-generated content, such as photos, images, comments, questions, messages, and other content or information that you generate, transmit, or otherwise make available on our Services, as well as associated metadata.

• Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

1.2 Third-party sources. We may receive the types of personal data described above from third-party vendors and/or other commercially available sources and combine that data with the personal data we have collected about you. The third-party sources from which we may receive personal data are:

• Public sources, such as social media platforms and other publicly available sources.

• Data providers, such as information services and data licensors that provide demographic and other information.

• Third party vendors, such as service providers providing fraud warnings or enrichment service providers to enhance and personalize your user experience.

• Business or marketing partners, such as joint marketing partners and event co-sponsors.

1.3 Automatic data collection. We may automatically collect data about you, your computer or mobile device while you access, browse, view or otherwise interact with our Services, the data we collect may include:

• Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.

• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing our Website, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our marketing emails or clicked links within them.

• Communication interaction data, such as your interactions with our email, text or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

1.4 Cookie and other technologies. We use cookies and other technologies (such as web beacons, pixels, tags and scripts) to improve and personalize your experience, provide our Services, analyze website performance and for marketing purposes. To learn more about how we use cookies on the Website and your control over these cookies, please see our Website Cookie Policy.

2. How we use your personal data

We may use your personal data for the following purposes or as otherwise described at the time of collection:

2.1 Service delivery. We may use your personal data to:

• provide, support, operate, understand and improve our Services and our business;

• communication with you regarding the Services, including by sending you service announcements, technical notices, updates, security alerts, support and administrative messages;

• we may also communicate with you in response to your support requests, questions, feedback, or comments to a blog post, or to provide you with information about our policies.

2.2 Website operation. We use your personal information to:

• provide, operate, maintain and improve the Website;

• understand your needs and interests, personalize your experience with the Website; and

• provide support for the Website and respond to your requests, questions and feedback.

2.3 Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and develop other products and services. As part of these activities, we may create aggregated, de-identified, or other anonymous data from the personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

2.4 Marketing and advertising. We may collect and use your personal data (except Google data) for marketing and advertising purposes:

• Direct marketing. We may send you direct marketing communications about our products, services or promotions that may be of interest to you. Our processing of your personal data for marketing purposes is based on our legitimate interest, or on your consent, or as otherwise permitted by applicable laws. You have the right to prevent direct marketing of any form at any time, this right can be exercised by following the opt-out link attached to each communication or by sending an email to privacy@fooji.com.

• Interest-based advertising. We and/or third-party advertising companies and social media companies we may partner with may display ads to you, including on other online services. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) over time across our Services, our communications and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in the Advertising choices section below.

2.5 Compliance and protection. We may use your personal data to:

• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;

• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);

• audit our internal processes for compliance with legal and contractual requirements or our internal policies;

• maintain appropriate business records;

• enforce the terms and conditions that govern our Services; and

• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

2.6 With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal data, such as when required by law. We use the information from one portion of the Website on other portions of the Website or elsewhere in our network of websites, apps, and other interactive features, or in reports and analysis, all of which are owned and operated by Fooji, and we may combine information gathered from multiple portions of the Website into a single customer record or analysis or report. We also use and/or combine information that we collect offline or we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records.

2.7 To create aggregated, de-identified and/or anonymized data. We may create aggregated, de-identified and/or anonymized data from your personal data and other individuals whose personal data we collect. We make personal data into de-identified and/or anonymized data by removing information that makes the data identifiable to you. We may use this aggregated, de-identified and/or anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve our Services, promote our business or marketing purposes.

3. How we share your personal data

We may share your personal data with third parties as detailed below and as otherwise described in this Privacy Policy.

• Affiliates. We may share your personal data with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

• Service providers. We share personal data with those third parties who provide services on our behalf or help us operate our Services or our business (such as hosting, information technology, customer support, email delivery, marketing, and website analytics).

• Advertising partners. We may share your personal data with third-party advertising companies for the internet-based advertising purposes described above.

• Third-party platforms. If you have enabled features or functionality that connect our Services to a third-party platform (such as by logging in to the Service using your account with the third party or otherwise linking your account to a third party’s services), we may disclose the personal data that you authorized us to share. We do not control the third party’s use of your personal data and such third party’s use will be in accordance with such party’s privacy policy.

• Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

• Government Agencies, regulators, and others. We may share personal data with law enforcement agencies, public authorities or other parties: (i) in order to comply with the law, including to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; (ii) when we believe it necessary or appropriate to disclose personal data to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Privacy Policy; (iii) to respond to claims against us; and (iv) to protect our rights, property, or personal safety of or that of our customers or the public.

• In the context of a corporate transaction. Personal data may be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of Fooji’s assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If all, or substantially all, of our assets are acquired by a third party, data held by us about our users will be one of the transferred assets.

• Other users. We may make available on the Website or in the Services, or link to, features that allow you to share information online (e.g., on message boards, in chat areas, in file uploads, through events, etc.). Please be aware that whenever you voluntarily disclose personal information online, that information becomes public and can be collected and used by others. We have no control over, and take no responsibility for, the use, storage or dissemination of such publicly-disclosed personal information. By posting personal information online in public forums, you may receive unsolicited messages from other parties.

4. Your choices

We will continue to honor any rights you may have had under the prior privacy policy with respect to your personal data. You have the following choices with respect to your personal data. Users who are located in the European Economic Area (“EEA”), the United Kingdom or certain US States can find additional information about their rights below.

4.1 Access, correct, update or delete your information. If you have registered for an account with us through our Services, you may review, update, correct or delete the personal information set out in your account by accessing www.fans.fooji.com or alternatively by emailing us at privacy@fooji.com.

4.2 Opt-out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us through the contact details set out in the ‘How to contact us’ section below. Please note that if you choose to opt out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

4.3 Advertising Choices. You can limit the use of your information for interest-based advertising by:

• Browser settings. Blocking third-party cookies in your browser settings.

• Privacy browsers/plug-ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.

• Platform settings. Google and Facebook offer opt-out features that let you opt-out of the use of your information for interest-based advertising:

  • Google: https://adssettings.google.com/

  • Facebook: https://www.facebook.com/about/ads

• Ad industry tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:

  • Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp

  • European Interactive Digital Advertising Alliance (for European users): http://www.youronlinechoices.eu/

  • Digital Advertising Alliance: optout.aboutads.info, which lets you opt-out of interest-based ads on websites.

You will need to apply these opt-out settings on each device from which you wish to opt-out.

Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked to above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

4.4 Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit, allowing users to opt out of tracking by websites and only services. We currently do not respond to “Do Not Track”. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com, or consult our Website Cookie Policy to understand how you can opt out of receiving cookies.

4.5 Declining to provide information. We need to collect personal data to provide certain services. If you do not provide that data we identify as required or mandatory, we may not be able to provide those services.

4.6 Third-party platforms. If you choose to connect to our Services through a third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

5. Other Sites and services

Our Services may contain links to third party websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into websites or other online services that are not associated with Fooji. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions nor are they subject to this Privacy Policy. We encourage you to read the privacy policies of each of the other third party websites, mobile applications and online services you visit.

6. Security

We employ technical, physical and organizational safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

7. International data transfer

Fooji is headquartered in the United States and has service providers in other countries. Some of the personal data you provide to us will be stored or processed on our behalf by third parties and may be located in other jurisdictions, such as the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Please see our Privacy Shield Policy for information concerning our participation in the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks.

Users in the United Kingdom and the EEA should read the important information provided in the EEA/UK supplemental notice below about transfer of personal data outside of the EEA and UK, as applicable.

8. Children

Our Services are offered and available to users who are at least 16 years of age or older. Minors under 16 are not permitted to use the Website or our Services. Fooji does not knowingly collect personal data from children under 16. Parents or guardians should at all times supervise their children’s activities. If we learn that we have collected or received personal data from a child under 16, we will delete that personal data. If you believe we might have information from or about a child under 16, please contact us at privacy@fooji.com.

9. Retention

We apply a general rule of keeping personal data only for so long as is required to fulfill the purpose for which it was collected. However, in some circumstances, we will retain your personal data for longer periods of time. We will retain personal data for the following purposes: (i) as long as it is necessary and relevant for our operations and to provide our Services, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and (ii) in relation to personal data from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Service terms and take other actions as permitted by law.

10. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our Website. If required by law we will also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). We recommend that you check this Privacy Policy periodically for any updates or changes.

11. How to contact us

To exercise any of your rights in connection with your personal data, please contact us at privacy@fooji.com.

If you have any questions (or comments) concerning this Privacy Policy, please contact us at privacy@fooji.com or Fooji, Inc. Attn: Emily Ezell, COO, 257 E Short Street, Suite 200, Lexington, KY 40507, USA.

12. State Law privacy rights notice

This section provides additional information to residents pursuant to applicable state consumer data privacy laws, specifically the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”) and the Virginia Consumer Data Protection Act (“CDPA”), (collectively the “State Privacy Laws”).

This section describes how we collect, use, and share Personal Information of residents of California and Virginia and the rights these users may have with respect to their Personal Information. Please note that not all rights listed below may be afforded to all users and that if you are not a resident of one of these states listed above, you may not be able to exercise these rights. In addition, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it.

For purposes of this section, the term “Personal Information” means "personal information" or "personal data," as applicable, as defined in the State Privacy Laws and does not include information exempted from the scope of the State Privacy Laws. In some cases, we may provide a different privacy notice to certain categories of residents of these states, in which case that notice will apply instead of this section.

Your privacy rights. The State Privacy Laws may provide residents with some or all of the rights listed below. However, these rights are not absolute and subject to certain exceptions, and some State Privacy Laws do not provide these rights to their residents. Therefore, we may decline your request in certain cases as permitted by law.

• Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:

  • The categories of Personal Information that we have collected.

  • The categories of sources from which we collected Personal Information.

  • The business or commercial purpose for collecting and/or selling Personal Information.

  • The categories of third parties with which we share Personal Information.

  • The categories of Personal Information that we sold or disclosed for a business purpose.

  • The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.

• Access. You can request a copy of the Personal Information that we have collected about you.

• Appeal. You can appeal our denial of any request validly submitted.

• Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.

• Deletion. You can ask us to delete certain Personal Information that we have collected from you.

• Opt-out.

  • Opt-out of tracking for targeted advertising purposes. You can opt-out of certain tracking activities for targeted advertising purposes.

  • Opt-out of profiling/automated decision-making. You can opt-out of automated processing or profiling performed on personal information to evaluate, analyze, or predict personal aspects related to a person's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

  • Opt-out of other sales of personal data. You can opt-out of other sales of your Personal Information.

• Nondiscrimination.You are entitled to exercise the rights described above free from discrimination as prohibited by the State Privacy Laws.

Exercising your right to information/know, access, appeal, correction, and deletion. You may submit requests to exercise your right to information/know, access, appeal, correction, or deletion at www.fans.fooji.com or via email to privacy@fooji.com.

Exercising your right to opt-out of the “sale” or “sharing” of your Personal Information. Like many companies, we use services that help deliver interest-based ads to you as described above. The State Privacy Laws may classify our use of some of these services as “selling” or “sharing” your Personal Information with the advertising partners that provide the services. You can submit requests to opt-out of tracking for targeted advertising purposes or other sales of Personal Information via email to privacy@fooji.com.

Verification of Identity; Authorized agents. We may need to verify your identity in order to process your information/know, access, appeal, correction, or deletion requests and reserve the right to confirm your residency. To verify your identity, we may require government identification, a declaration under penalty of perjury, or other information, where permitted by law.

Under some State Privacy Laws, you many enable an authorized agent to make a request on your behalf upon. However, we may need to verify your authorized agent’s identity and authority to act on your behalf. We may require a copy of a valid power of attorney given to your authorized agent pursuant to applicable law. If you have not provided your agent with such a power of attorney, we may ask you to take additional steps permitted by law to verify that your request is authorized, such as by providing your agent with written and signed permission to exercise your State Privacy Laws rights on your behalf, the information we request to verify your identity, and confirmation that you have given the authorized agent permission to submit the request.

Personal information that we collect, use and disclose. We have summarized the Personal Information we collect by reference below to both the categories defined in the “Personal information we collect” section of this Policy above and the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140). This chart describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.

13. EEA/UK GDPR supplemental notice

If you are located in the European Economic Area or the United Kingdom, and access our Services, this EEA/UK GDPR supplemental notice applies to you.

13.1 Who is the Controller?

Fooji, Inc., 257 E Short Street, Suite 200, Lexington, KY 40507, USA. is the controller of your personal data.

13.2 EU Representative

Pursuant to Art. 27 of the GDPR, Fooji, Inc. has appointed European Data Protection Office (“EDPO”) as its GDPR Representative in the EU. You can contact EDPO regarding matters pertaining to the GDPR:

• by using EDPO’s online request form: https://edpo.com/gdpr-data-request/; or

• by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium.

13.3 UK Representative

Pursuant to Art. 27 of the UK GDPR, Fooji, Inc. has appointed EDPO UK Ltd as its UK GDPR representative in the UK. You can contact EDPO UK regarding matters pertaining to the UK GDPR

• by using EDPO UK’s online request form: https://edpo.com/uk-gdpr-data-request/; or

• by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom

13.4 Our legal basis for using your personal data

Where relevant under applicable laws, all processing of your personal data will be justified by a "lawful ground" for processing as set out in the table below.

13.5 Your rights

Under applicable EU and UK data protection laws, you have the following rights in respect of your personal data:
(a) to obtain information about how and on what basis your personal data is processed and to obtain a copy;
(b) to rectify inaccurate personal data;
(c) to erase your personal data in limited circumstances where (i) you believe that it is no longer necessary for us to hold your personal data; (ii) we are processing your personal data on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (ii) where you have provided your personal data to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal data; and (iv) where you believe the personal data we hold about you is being unlawfully processed by us;
(d) to restrict processing of your personal data where: (i) the accuracy of the personal data is contested; (ii) the processing is unlawful but you object to the erasure of the personal data; (iii) we no longer require the personal data for the purposes for which it was collected, but it is required for the establishment, exercise or defence of a legal claim; or (iv) you have objected to us processing your personal data based on our legitimate interests and we are considering your objection;
(e) to object to decisions which are based solely on automated processing or profiling;
(f) where you have provided your personal data to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or
(g) to obtain a copy of or access to safeguards under which your personal data is transferred outside of the EEA.

Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, to the processing of your personal data by us and we may be required to no longer process your personal data. Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case, your personal data will no longer be processed for such purposes by us.

When you request us to provide the personal data we collect and process about you, we will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested by you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal data for a limited period of time for record-keeping, accounting and fraud prevention purposes.

You have the right to lodge a complaint with a supervisory authority in relation to the processing of your personal data, however, we invite you to contact us first. Please note that the right of access and the right to erasure do not constitute absolute rights and the interests of other individuals may restrict your right of access or erase in accordance with local laws.

13.6 Cross-border data transfer

Your personal data may be transferred and stored outside your place of residence, to countries that are subject to different standards of data protection. In particular, if you live in the EEA or UK, you should be aware that your personal data may be shared with, and transferred to, third-party service providers who are located outside the EEA or UK. We will take appropriate steps to ensure that transfers of personal data are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights. To this end:

(a) where we transfer your personal data to third parties who help provide our Services, we will obtain contractual commitments from them to protect your personal data; and
(b) where we receive requests for information from law enforcement or regulators, we will carefully validate these requests before personal data is disclosed.

You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal data when this is transferred as mentioned above.