Eligibility to Use the Services
Terms of Service
1. Personal Information We Collect
A. Information You Provide to Us Directly.
(i) Correspondences. We collect certain information when you send a communication to us, such as records and copies of your email messages together with your email address and our responses, if you choose to correspond with us through email.
(ii) Personal Information. Personal information we collect may include your personal and/or company name, telephone number, email address, postal address, username, password and any other information you choose to provide us on or through the Services.
(iii) Lead Form Information. We collect certain information when you submit information to us in lead forms, such as your personal and/or company name and email address and any other information you choose to provide us on or through the lead form.
(iv) Transaction Information. We or service providers working on our behalf may collect information and details about any purchase or transactions made on the Services. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping, and contact details. We do not collect or store payment card information ourselves; rather we rely on third party payment processors (e.g.,Stripe) to store and process this information as part of the Services.
B. Information Collected Automatically.
(i) Device Information. We collect certain information about the devices you use with the Services, including such data as unique device identifiers, device make and model, device name, push notification identifiers, MAC address, Internet Protocol (IP) address, carrier name, operating system and browser types.
(ii) Usage Information. We collect information about how people use the Services, including the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; the time, frequency, and duration of your activities; and other information about your use of and actions on the Services. This type of information may be collected in the log files of our servers or in our analytics systems each time you interact with the Services.
(iii) Links. We may keep track of how you interact with links across our Services by redirecting links or through other means.
2. How We Use Your Information
We may use the information we collect about you in a variety of ways to provide our Services, for administrative purposes, and to market and advertise our Services and products.
A. We Use Your Personal Information for Administrative Purposes.
We may use your Personal Information to:
(i) process requests or transactions you initiate by accessing or using the Services.
(ii) monitor and analyze usage and trends in order to improve the Services, or to improve your experience with the services, for example by providing personalized content, features, or advertisements.
(iii) verify your identity, in order to protect your privacy.
(iv) detect, investigate, and/or prevent security breaches, fraudulent, unauthorized, or illegal activity.
(v) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
(vi) maintain appropriate records for internal administrative purposes.
B. We Use Your Personal Information to Provide Our Services.
We may use your Personal Information to:
(i) provide the Services and its content to you.
(iii) update you about activity on your account.
(iv) reach out to you about customer service issues and respond to your comments, questions, and requests.
(v) link or combine with information we get from others to help understand your needs or provide you with better service.
(vi) For any other purpose for which the information was collected.
C. We Use Your Information to Market and Advertise Our Services and Products.
We may use your Personal Information to:
(i) send promotional communications, such as information about features, newsletters, offers, promotions, contests, and events.
(ii) share information across Services and devices to provide a more tailored and consistent experience on the Services.
(iii) develop, test, and improve new products or services, including by conducting surveys and research and testing and troubleshooting new products and features.
3. Sharing or Disclosure of Your Information
A. We Disclose Your Information to Provide Our Services.
(i) Service Providers. We may share your Personal Information with our third-party service providers, contractors, and any other similar third parties that help us provide our Services. This may include service providers that help us with analytics services or support services, website hosting, email and postal delivery, location mapping, product and service delivery. Service providers are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
(iii) Advertising/Marketing Service Providers. We may share your Personal Information with marketing service providers to assess, develop, and provide you with promotions and special offers that may interest you, administer contests, sweepstakes, events, or for other promotional purposes.
(iv) Consent or to Fulfill the Purpose that Information was Provided. We may share your Personal Information to fulfill the purpose for which you provide that information, with your consent, or for any other purpose disclosed by us when you provide the information.
(v) Improvement of Analytics and Research Studies. We may share your Personal Information with research associates and other third-party research organizations to assess, develop, improve, and exchange predictive modeling and data analytics for purposes of improving outcomes. For example, we may use your Personal Information as a part of a data set that will be used to improve the accuracy of our product outcomes predictive modeling algorithms or in connection with various Fairing product studies.
B. We Disclose Your Information to Protect Us or Others.
(i) When Required by Law. In response to legal process or a request for information if we believe disclosure is in accordance with any court order, applicable law, rule, or regulation, or legal process, including to respond to any government or regulatory request.
(ii) To Protect Lawful Interests. In order to investigate or remedy potential violations of our user agreements or policies, or to protect the rights, property and safety of Fairing, our users, partners, agents or others. This may include exchanging information with other companies and organizations for fraud protection, and spam and malware prevention.
C. We May Disclose Your Information in the Event of a Merger, Sale or Other Asset Transfers. If we become involved in a merger, acquisition, financing due diligence, divestiture, restructuring, reorganization, bankruptcy, dissolution, sale, or transfer of some or all of our assets (whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding), or transition of Services to another provider, your Personal Information may be sold or transferred to business entities or people involved in such process.
4. Your Privacy Choices and Rights
You have certain choices and rights with respect to your privacy. For example, you may be able to opt out of receiving marketing messages from us, make choices regarding cookies, and exercise other privacy rights under applicable law.
A. Mechanisms to Control Your Information.
(iii) “Do Not Track”. "Do Not Track"(“DNT”) is a privacy preference you can set in certain web browsers. When you turn on this preference, it sends a signal or message to the websites you visit indicating that you do not wish to be tracked. Please note that we currently do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.
B. Accessing and Correcting Your Information.
In accordance with applicable law, you may have the right to:
(i) Access Personal Information. You may access Personal Information about you, including: (1) confirming whether we are processing your Personal Information; (2) obtaining access to or a copy of your Personal Information; and (3) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company (the "right of data portability").
(ii) Request Correction of Personal Information. You may request correction of your Personal Information where it is inaccurate, incomplete, or improperly possessed.
(iii) Request Deletion of Personal Information. You may request deletion of your Personal Information held by us about you. Please note: we cannot delete your Personal Information except by also deleting your account.
(iv) Opt-out. You may request to opt-out of the processing of your Personal Information for the purpose(s) of: (1) targeted advertising; (2) sale of personal information; or (3) profiling to make decisions that have legal or other significant effects on you.
(v) Withdraw Consent. You may have the right to withdraw consent where such consent is required to share or use Personal Information.
If you would like to exercise any of these rights, you may send us an email to request access to, correction of or removal of any Personal Information that you have provided to us. We will process such requests in accordance with applicable law.
The following are additional Consumer Privacy Rights:
(i) Non-Discrimination. Residents have the right not to receive discriminatory treatment by covered businesses for the exercise of their rights conferred by the applicable privacy law.
(ii) Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in “Contact Us” below and provide written authorization signed by you and your designated agent.
(iii) Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.
C. Your Right to Appeal.
If you are dissatisfied with the refusal of Fairing to take action in accordance with the exercise of your rights in the “Accessing and Correcting Your Information” section above, you may request reconsideration by Fairing, by sending a written request for reconsideration to the mailing address found in the “Contact Us” section below. Within sixty (60) days of Fairing’s receipt of such written request for reconsideration, Fairing shall inform you in writing (at the address indicated in your initial written request) of any action taken or not taken in response to your request for reconsideration, including a written explanation of the reasons for the decision. In addition, if your request for reconsideration is denied, you may have the right to appeal to the Attorney General in your state of residence.
D. Complaints to Data Protection Authority.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
5. Protecting and Securing Your Information Online
We have implemented safeguards reasonably designed to secure your Personal Information. Such safeguards include the implementation of various technical, physical, administrative and organizational security measures intended to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your information. All information you provide to us is stored on our secure servers behind firewalls.
The safety and security of your information is also dependent on you. If we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
While we have employed security technologies and procedures to assist safeguarding your Personal Information, no system or network can be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
6. Our Policy Towards Children
We are especially committed to protecting the privacy of children. Our Services are directed at a general audience and not at individuals under the age of eighteen(18) years old, nor do we knowingly collect Personal Information from children under the age of thirteen (13). If we learn that we have inadvertently collected or received Personal Information from an individual under the age of eighteen (18), we will use reasonable efforts to immediately remove such information, unless we have a legal obligation to keep it. If you are a parent or legal guardian and think your child under the age of eighteen (18) has provided us with Personal Information without your consent, please contact us at [email protected].
7. International Transfer of Personal Information
8. Personal Information Retention Period
9. State Privacy Rights
A. California Privacy Rights. The California Consumer Privacy Act of 2018 and California Privacy Rights Act of2020 (CPRA) (together, "CCPA") requires covered businesses to provide California residents with some additional information regarding how they collect, use, and share your "personal information" (as defined in the CCPA). While Fairing is not currently a covered business under the CCPA, we value privacy and strive to be transparent with our customers. As such, we have provided additional details below about the information we collect, how we disclose it, and how you can exercise your privacy rights under the CCPA, in the event it applies to our activities in the future.
(i) Categories of Personal Information that is Collected, Disclosed and Shared. The CCPA provides California residents with the right to know what categories of personal information covered businesses have collected about them and whether such businesses have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the personal information was collected. The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in "Personal Information We Collect" and "How We Use Your Information" above, respectively. Please note: for transparency and the avoidance of doubt, references in this Section 9 to “integrated third-party product providers” are intended solely to account for personal information/data which is shared with providers of third-party products/services that may be integrated (e.g., via application programming interface (API)) into the Services as part of Company’s normal service offering.
We may share any of the information listed above with service providers, which are companies that we engage for business purposes to conduct activities on our behalf. Service providers are restricted from using personal information for any purpose that is not related to our engagement.
(ii) “Sales or Sharing of Personal Information under the CCPA. California residents have the right to opt out of the "sale" of their personal information. Under the CCPA, "sale" is defined broadly and includes the transfer of personal information by a business to a third party for valuable consideration (even if there is no exchange of money). Fairing may "sell or share" personal information. The categories of personal information we have "sold" and the categories of third parties we have "sold or shared" personal information to in the preceding twelve (12) months are listed below:
(iii) Additional Privacy Rights for California Residents.
1. Opt-out of “Sales or Sharing”. California residents may opt-out of the "sale or sharing" of their personal information by contacting us as set forth in "Contact Us" below. California residents (or their authorized agent) may also exercise your right to limit the disclosure of your sensitive personal information, by clicking on this "Your Privacy Choices" link.
2. California Shine the Light. The California "Shine the Light" law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any)for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to exercise any of your rights under the law, please contact us as set forth in "Contact Us" below. We will process such requests in accordance with applicable laws.
B. Nevada Privacy Rights. If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to sell or license that Personal Information, even if your Personal Information is not currently being sold. If you would like to exercise this right, please contact us via the information found in the “Contact Us” section below.
C. Virginia, Colorado, Connecticut and Utah Privacy Rights. Residents of Virginia, Colorado, Connecticut and Utah may have additional rights under relevant privacy laws, including under the Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), Connecticut Data Privacy Act (“CTDPA”) (effective July 1,2023) and Utah Consumer Privacy Act (“UCPA”) (effective Jan. 1,2024), as applicable. The following additional information is required to be provided by covered businesses under applicable state laws.
(i) Sharing of Personal Data under VCDPA, CPA, CTPDA and UCPA. The VCDPA, CPA, CTPDA and UCPA require covered businesses to provide residents of their respective states with the right to know the categories of “personal data” (as defined under applicable law) covered businesses shared with third parties and the categories of third parties with whom such personal data has been shared. Residents of Virginia, Colorado, Connecticut and Utah can find this information below:
(ii) “Sales” or Sharing for Targeted Advertising under VCDPA, CPA, CTPDA and UCPA. Residents of Virginia, Colorado, Connecticut and Utah have the right to opt-out of the “sale” of their personal data to third parties or the processing of their personal data for targeted advertising (see Section 4(B)(iv) above). For purposes of this paragraph the definition of “sale”, “sell” or “sold” has the meaning set forth in applicable privacy law. If a consumer wishes to exercise their right to opt-out of the sale of personal data or processing of personal data for targeted advertising, they may do so by following this link. The categories of personal data “sold” or processed for targeted advertising can be found below:
10. Cookies and Other Tracking Technologies
A. Description of the Technologies. We as well as third parties that provide the content, advertising, or other functionality on the Services may use Technologies to automatically collect information through your use of the Services. The following describes some of these Technologies we may use for this automatic data collection:
(ii) Web Beacons. Web beacons are small files that are embedded in webpages, applications, and emails (also known as "clear gifs", "pixel tags", "web bugs", and "single-pixel gifs") that collect information about engagement on our Services. For example, web beacons allow us to track who has visited those webpages or opened an email, to test the effectiveness of our marketing, and for other related website statistics.
(iv) Entity Tags. Entity Tags are HTTP code mechanisms that allow portions of websites to be stored or "cached "within your browser and validates these caches when the website is opened, accelerating website performance since the web server does not need to send a full response if the content has not changed.
(v) HTML5 Local Storage. HTML5 local storage allows data from websites to be stored or "cached" within your browser to store and retrieve data in HTML5 pages when the website is revisited.
(vi) Resettable Device Identifiers. Resettable device identifiers (also known as "advertising identifiers") are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" or "IDFA" on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain streaming media devices. Like cookies, resettable device identifiers are used to make online advertising more relevant.
B. Our Uses of the Technologies. We may also use these technologies for security purposes, to facilitate navigation, to display information more effectively, and to better serve you with more tailored information, as well as for website administration purposes, e.g., to gather statistical information about the usage of our websites in order to continually improve the design and functionality, to understand how users use our websites, and to assist us with resolving questions regarding use of the websites.
C. Mechanisms to Control Cookies and Other Technologies. You have the ability to accept or decline cookies and certain other technologies by adjusting the appropriate settings in your browser. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies in the browser settings if you prefer. We recommend that you refer to the “Help” menu in your browser to learn how to modify your browser settings. Please note that you cannot remove Flash cookies simply by changing your browser settings. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you choose to decline cookies, you may not be able to sign in or use certain Services and/or Third Party Services features that depend on cookies.
12. Third-Party Website and Applications
Our Services may offer links to websites or applications that are not run by us but by third parties. These third-party services, websites or applications are not controlled by us, and may have privacy policies that differ from our own. We encourage our users to read the privacy policies and terms and conditions of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the practices of such third parties or the content of their application or website. Providing Personal Information to third-party websites or applications is at your own risk.
13. Contact Us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at [email protected] or our mailing address at:Fairing Inc.
228 Park Avenue South
New York NY, US, 10003