Effective as of June 10, 2019.
Fooji, Inc. ("Fooji "we", "us" or "our") complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred to it in the United States from the European Economic Area ("EEA") or Switzerland, respectively. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. To learn more about the Privacy Shield program, the Privacy Shield Principles and to view our certification, please visit www.privacyshield.gov.
Scope. Our certification of adherence to the Privacy Shield Principles applies to the personal data that (a) we collect from our customers and other visitors to our website for account management, billing or marketing purposes ("Fooji User Data"), (b) that we process on behalf of our customers in providing online services to them under a service agreement ("Services Data") and (c) we collect about our employees (past or present) collected in the context of the employment relationship ("HR Data"). Fooji commits to cooperate with the panel established by the EU data protection authorities (DPAs) and comply with the advice given by the panel with regard to HR Data transferred from the EU in the context of the employment relationship. Please contact us to be directed to the relevant DPA contacts.
Inquiries and complaints. If you believe Fooji maintains your personal data within the scope of our Privacy Shield certification, you may direct any inquiries or complaints concerning our Privacy Shield compliance to firstname.lastname@example.org. If you are located in the EEA or Switzerland and have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the JAMS Privacy Shield Program, our U.S.-based third party dispute resolution provider (free of charge), which you can learn more about by visiting https://www.jamsadr.com/eu-us-privacy-shield.
Arbitration. If you are located in the EEA or Switzerland and neither Fooji nor our dispute resolution provider resolves your complaint, you may be entitled to invoke binding arbitration under certain conditions more fully described on the Privacy Shield website
We may employ third party companies and individuals to administer and provide the Services on our behalf (such as customer support, hosting, website analytics, email delivery, database management services). Fooji maintains contracts with these service providers restricting their access, use and disclosure of personal data in compliance with our Privacy Shield obligations, including the onward transfer provisions, and we may be liable if they fail to meet those obligations and we are responsible for the event giving rise to damage.
We may disclose Services Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency, or in the good faith belief that such action is necessary (a) to comply with a legal obligation, (b) to protect or defend our rights, interests or property or that of third parties, (c) to prevent or investigate possible wrongdoing in connection with the services, (d) to act in urgent circumstances to protect the personal safety of customers, their users or the public; or (e) to protect against legal liability.
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Services Data may be part of the transferred assets.
In addition, we may be required to disclose any personal data that we process in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Your rights to access, to limit use, and to limit disclosure.
Individuals in the EEA and Switzerland have rights to access personal data about them, and to limit use and disclosure of their personal data. With our Privacy Shield self-certification, we have committed to respect those rights. We process Services Data only on behalf of our customers in accordance with their instructions. This means that if you wish to access Services Data and request that we correct, amend or delete it if it is inaccurate or processed in violation of Privacy Shield, you should contact that customer with your request. We will then help them to fulfil that request in accordance with their instructions.
If your personal data includes Fooji Personal Data, you can request access to that data and request that we correct amend, or delete it if it is inaccurate or processed in violation of Privacy Shield by emailing your request to email@example.com. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
U.S. Federal Trade Commission Enforcement. Fooji's commitments under the Privacy Shield are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
If there is any conflict between the terms in this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles shall take precedence.