Fooji Privacy Policy

Version 2

Last Revised: September 8, 2017

Fooji, Inc. ("Company," "we," or "us") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at https://fooji.com and our mobile application ("Application") (collectively, the "Site") and online services (the "Services").

  1. Questions; Contacting Company; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or phone number:

    Fooji, Inc.

    Attn: Sara Gooden, VP of Operations

    257 E. Short Street, Suite 200

Lexington, KY 40507

(859) 652-3420

  1. User Consent. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.

  2. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at security@fooji.com.

  3. A Note to Users Outside of the United States. If you are a non U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

  4. Types of Data We Collect. "Personal Data" means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

  5. Information You Provide to Us.

  6. We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network ("Account").

  7. If you use our Services on your mobile device, including through our Application, we may collect your phone number and the unique device id number.

  8. If you choose to use a social networking service account to log in to our network or otherwise connect and use your social networking account in connection with the Services, we may collect your log in credentials or social network handle.

  9. If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can either reinstall the Application or deactivate GPS on your mobile device.

  10. Our Site lets you store preferences like how your content is displayed, your location and safe search settings. We may associate these choices with your ID, browser or the mobile device, and you can edit these preferences at any time.

  11. When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.

  12. Certain Services, such as two-factor authentication, may require our collection of your phone number. We may associate that phone number to your mobile device identification information.

  13. When you interact with brands, products or services on our Site, we will collect all information necessary to complete the interaction, including your name, credit card information, billing information and address information. This information may be shared with third parties who will help process the interactions and allow you to receive certain rewards.

  14. We retain information on your behalf, such as files and messages you send and receive and rewards, trophies and points that you have earned using your Account.

  15. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.

  16. When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site, the information contained in your posting will be stored in our servers and other users will be able to see it and any other information that you choose to make public on your public profile page ("Profile"). The information that you provide in your Profile will be visible to others, including anonymous visitors to the Site.

  17. When you post messages on the message boards or blog on our Site, the information contained in your posting will be stored on our servers and other users will be able to see it. Comments on our blog are subject to our approval before being posted on the Site.

  18. When you participate in one of our surveys, we may collect additional profile information.

  19. We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.

  20. If you participate in a sweepstakes, contest or giveaway on our Site, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.

  21. We may also collect Personal Data at other points in our Site that state that Personal Data is being collected.

  22. Information You Provide to Facebook and other social networking services. The Services allow users to access Facebook to interact with friends and to share on Facebook through Wall and friends' News Feeds. If you are already logged into the Services and Facebook or another social networking service, when you click on "Connect with Facebook," or a similar connection on another social networking service, you will be prompted to merge your profiles. If you are already logged into the Services but not logged into Facebook or another social networking service that we support, when you click on "Connect with Facebook," or a similar connection on another social networking service, you will be prompted to enter your social networking service credentials or to "Sign Up" for the social networking service. By proceeding, you are allowing the Services to access your information and you are agreeing to the Facebook or other social networking service's Terms of Use in your use of the Services. Conversely, if you are not currently registered as a user of the Services, and you click on "Sign in" using Facebook or another social networking service that we support, you will first be asked to enter your Facebook or social networking service credentials and then be given the option to register for the Services. In this case, we may receive information from Facebook or another social networking service to make it easier for you to create an Account on the Site and show our relevant content from your Facebook or social networking service friends. Once you register on the Site and connect with Facebook or another social networking service, you will be able to automatically post recent activity back to Facebook or the other social networking service. Any information that we collect from your Facebook or other social networking service account may depend on the privacy settings you have with that social networking service, so please consult the social networking service's privacy and data practices. You have the option to disable Facebook Connect at any time by logging into your Account through the Site and going to settings, "About Me," "Linked Accounts," and then unselecting "Facebook." Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect your Services activity stream by visiting the Facebook Applications Settings page.

  23. Information Collected via Technology.

  24. Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.

  25. Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users' movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users' needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.

  26. Cookies. Like many online services, we use cookies to collect information. "Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing the website. 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 provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

  27. Pixel Tags. In addition, we use "Pixel Tags" (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user's computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users' Personal Data.

  28. Collection of Data by Advertisers. We may also use third parties to serve ads on the Site. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags, or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.

  29. How We Respond to Do Not Track Signals. We do not currently respond to "do not track" signals or other mechanisms that might enable Users to opt out of tracking on our site.

  30. Flash LSOs. When we post videos, third parties may use local shared objects, known as "Flash Cookies," to store your preferences for volume control or to personalize certain video features. Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored. Cookie management tools provided by your browser will not remove Flash Cookies.

  31. Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use and navigate the Application, and information about the type of device you use. In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.

  32. Analytics Services and Interest-Based Advertising. In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Site. This includes third party analytics services, including but not limited to Google Analytics ("Analytics Services"), that we engage to help analyze how users use the Site, as well as third parties that deliver content or offers. We may receive reports based on these parties' use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Site and Services. The information generated by the Cookies or other technologies about your use of our Site and Services (the "Analytics Information") is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services' ability to use and share Analytics Information is restricted by such Analytics Services' Terms of Use and Privacy Policy. By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at security@fooji.com. We may also partner with ad companies to support out marketing efforts, including by serving you ads better tailored to your likely interests. If you don't want to take advantage of these services, you may be able to opt-out by visiting http://www.aboutads.info/ or http://networkadvertising.org/choices/ , or if you are located in the EU, http://www.youronlinechoices.eu/.

  33. Information Collected from You About Others. If you decide to invite a third party to create an Account, we will collect your and the third party's names and e-mail addresses in order to send an e-mail and follow up with the third party. We rely upon you to obtain whatever consents from the third party that may be required by law to allow us to access and upload the third party's names and e-mail addresses as required above. You or the third party may contact us at security@fooji.com to request the removal of this information from our database. As part of your use of the Services, we provide you the opportunity to connect automatically with your friends. We employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (including Facebook Friends and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, call log and SMS log, and import your contacts' names, e-mail addresses, phone numbers, image, geographic location and Facebook IDs to facilitate automatic connection with your friends. We do this only for contact matching to help your friends and you find each other. Also, when you invite friends to the Services, we will access your Address Book and we will import your contacts names and phone numbers in order to facilitate the invitation. The e-mail that is sent to your friends will come from your e-mail address so that your friends know that you want to invite them to visit the Site. We do not store any passwords you provide as part of the contact import process. We also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone's carrier, mobile network code and mobile country code.

  34. Information Collected from Third Party Companies. We may receive Personal and/or Anonymous Data about you from companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our Site. These third party companies may supply us with Personal Data. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.

  35. Location Information. If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location. If you do not want this information collected by us, you can disable location services on your phone.

  36. Use of Your Personal Data

  37. General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways to:

  1. User Testimonials and Feedback. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with your Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

  2. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.

  3. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

  4. Through Our Services. We may share your information:

  5. With couriers to enable them to provide the Services you request, for example, we share your name, photo (if you provide one), and location with couriers;

  6. With third parties to provide you a service you requested through a partnership or promotional offering made by a third party to us;

  7. With the general public if you submit content in an interactive area of our Services; and

  8. With third parties with whom you choose to let us share information, for example, other apps or websites that integrate with our Services.

  9. Third Parties Designated by You. When you use the Services, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates. Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by going to your account settings and changing your publishing options.

  10. Users. We will share your Personal Data with other Users solely for the purpose of providing the Services.

  11. Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company. These third party service providers are required not to use your Personal Data other than to provide the services requested by Company.

  12. Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.

  13. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

  14. Social Networking Services. Some of our Applications and Services may enable you to post content to social networking services (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such social networking services in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such social networking services. We will not be responsible or liable for: (i) the availability or accuracy of such social networking services; (ii) the content, products or services on or availability of such social networking services; or (iii) your use of any such social networking services.

  15. Disclosure to Third Party Companies. We may enter into agreements with companies that provide our Services by way of a co-branded website or companies that offer their products and/or services on our website ("Third Party Companies"). A Third Party Company may want access to Personal Data that we collect from its customers. [As a result, we may disclose your Personal Data to a Third Party Company; however, we will not disclose your Personal Data to any Third Party Company for the Third Party Company's own direct marketing purposes, unless you have "opted-in" by following the instructions we provide to allow such disclosure. If you have opted-in to receive e-mail communications from a Third Party Company and later wish to discontinue receipt of these e-mails, please contact the Third Party Company directly to update your preferences. The privacy policies of these Third Party Companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such Third Party Companies. Because we do not control the privacy practices of Third Party Companies, you should read and understand their privacy policies.

  16. Public Profile. Certain portions of the information you provide to us may also be displayed in the interactive areas of the Site. You are solely responsible for applying the appropriate level of access to information you provide to be displayed in the interactive areas of the Site. If you do not choose, the system may default to its most permissive setting. Your photos, posts, and other content you post to the Site are also meant for public consumption. We may display this content on the Site and further distribute it to a wider audience through third party sites and services. Once displayed on publicly viewable web pages, that information can be collected and used by others. We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Data in your posts. Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).

  17. Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

  18. Third Party Websites. Our Site may contain links to third party websites or services. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

  19. Your Choices Regarding Information. You have several choices regarding the use of information on our Service:

  20. Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may continue to send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

  21. Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser's technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.

  22. De-Linking Social Networking Services. If you decide at any time that you no longer wish to have your social networking service account (e.g., Facebook) linked to your Account, then you may de-link the social networking service account in the "preferences" section in your account settings. You may also manage the sharing of certain Personal Data with us when you connect with us through an social networking service, such as through Facebook Connect. Please refer to the privacy settings of the social networking service to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.

  23. Changing or Deleting Your Personal Data. All users may review, update, correct or delete the Personal Data in their user account by editing their Account via the Services. If you completely delete all of your Personal Data, then your user account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes such as user retention analysis.

  24. Applications. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. To serve ads in our Application where Cookie technology is not available, the Company hashes users' device ID. Users may choose to reset or opt out of anonymous IDs at any time. If users choose to opt out, ads delivered to the Application by ad serving technology will not be served on an anonymous ID. You may at any time opt-out from further allowing us to have access to your location data by changing the settings on your mobile device.

  25. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.