Privacy Policy
Last updated: January 20, 2023
This Privacy Policy describes our
policies and procedures on the collection, use and disclosure of Your
information when You use the Service we offer.
This Privacy Policy also tells You about Your privacy rights and how the
law protects You.
We use Your Personal data to provide and
improve the Service. By using the Service, You agree to the collection and use
of information in accordance with this Privacy Policy. This Privacy Policy has
been created with the help of the Privacy Policy Template.
Interpretation
and Definitions
The words of
which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
For the purposes of this Privacy Policy:
Account means a unique account created for You
to access our Service or parts of our Service.
Affiliate
means an entity that controls, is controlled by or is under common control with
a party, where "control" means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
Application
means the software program provided by the Company downloaded by You on any
electronic device, named “Foojan.”
Company
(referred to as either "the Company", "We", "Us"
or "Our" in this Agreement) refers to Foojan, Inc., 300 El Camino,
Suite #216, San Clemente, CA 92672.
Country
refers to: California, United States
Device
means any device that can access the Service such as a computer, a cellphone or
a digital tablet.
Personal Data
is any information that relates to an identified or identifiable individual.
Service
refers to the services offered on the www.Foojan.com website and/or Foojan
Application.
Service Provider
means any natural or legal person who processes the data on behalf of the
Company. It refers to third-party companies or individuals employed by the
Company to facilitate the Service, to provide the Service on behalf of the
Company, to perform services related to the Service or to assist the Company in
analyzing how the Service is used.
Usage Data
refers to data collected automatically, either generated by the use of the
Service or from the Service infrastructure itself (for example, the duration of
a page visit).
You means the individual accessing or
using the Service, or the company, or other legal entity on behalf of which
such individual is accessing or using the Service, as applicable.
Collecting
and Using Your Personal Data
While using Our
Service, We may ask You to provide Us with certain personally identifiable
information that can be used to contact or identify You. Personally
identifiable information may include, but is not limited to:
Email
address
First
name and last name
Usage
Data
User
journal- responses to the AIT process
Usage Data is collected automatically
when using the Service.
Usage Data may include information such
as Your Device's Internet Protocol address (e.g. IP address), browser type,
browser version, the pages of our Service that You visit, the time and date of
Your visit, the time spent on those pages, unique device identifiers and other
diagnostic data.
When You access the Service by or
through a mobile device, We may collect certain information automatically,
including, but not limited to, the type of mobile device You use, Your mobile
device unique ID, the IP address of Your mobile device, Your mobile operating
system, the type of mobile Internet browser You use, unique device identifiers
and other diagnostic data.
We may also collect information that
Your browser sends whenever You visit our Service or when You access the
Service by or through a mobile device.
The Company may
use Personal Data for the following purposes:
To
provide and maintain our Service,
including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The
Personal Data You provide can give You access to different functionalities of
the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and
undertaking of the purchase contract for the products, items or services You
have purchased or of any other contract with Us through the Service.
To contact You:
To contact You by email, telephone calls, SMS, or other equivalent forms of
electronic communication, such as a mobile application's push notifications
regarding updates or informative communications related to the functionalities,
products or contracted services, including the security updates, when necessary
or reasonable for their implementation.
To provide You
with news, special offers and general information about other goods, services
and events which we offer that are similar to those that you have already
purchased or enquired about unless You have opted not to receive such
information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a
merger, divestiture, restructuring, reorganization, dissolution, or other sale
or transfer of some or all our assets, whether as an on-going concern or as
part of bankruptcy, liquidation, or similar proceeding, in which Personal Data
held by Us about our Service users is among the assets transferred.
Note: User
Journal will not be shared and will be deleted permanently when the user
terminates subscription.
For other purposes:
We may use Your information for other purposes, such as data analysis,
identifying usage trends, determining the effectiveness of our promotional
campaigns and to evaluate and improve our Service, products, services, marketing,
and your experience.
We may share
Your personal information in the following situations:
Note: User Journal will not be shared
and will be deleted permanently when the user terminates subscription.
·
With Service Providers: We may share Your personal information
with Service Providers to monitor and analyze the use of our Service, to
contact You.
·
For business transfers: We may share or transfer Your personal
information in connection with, or during negotiations of, any merger, sale of
Company assets, financing, or acquisition of all or a portion of Our business
to another company.
·
With Affiliates: We may share Your information with Our
affiliates, in which case we will require those affiliates to honor this
Privacy Policy. Affiliates include Our parent company and any other
subsidiaries, joint venture partners or other companies that We control or that
are under common control with Us.
·
With business partners: We may share Your information with Our
business partners to offer You certain products, services or promotions.
·
With other users: when You share personal information or
otherwise interact in the public areas with other users, such information may
be viewed by all users and may be publicly distributed outside.
·
With Your consent: We may disclose Your personal
information for any other purpose with Your consent.
The Company
will retain Your Personal Data only for as long as is necessary for the
purposes set out in this Privacy Policy. We will retain and use Your Personal
Data to the extent necessary to comply with our legal obligations (for example,
if we are required to retain your data to comply with applicable laws), resolve
disputes, and enforce our legal agreements and policies.
The Company
will also retain Usage Data for internal analysis purposes. Usage Data is
generally retained for a shorter period of time,
except when this data is used to strengthen the security or to improve the
functionality of Our Service, or We are legally obligated to retain this data
for longer time periods.
Note: User
Journal will be deleted permanently when the user terminates subscription.
Your
information, including Personal Data, is processed at the Company's operating
offices and in any other places where the parties involved in the processing
are located. It means that this information may be transferred to — and
maintained on — computers located outside of Your state, province, country or
other governmental jurisdiction where the data protection laws may differ than
those from Your jurisdiction.
Your consent to
this Privacy Policy followed by Your submission of such information represents
Your agreement to that transfer.
The Company
will take all steps reasonably necessary to ensure that Your data is treated
securely and in accordance with this Privacy Policy and no transfer of Your
Personal Data will take place to an organization or a country unless there are
adequate controls in place including the security of Your data and other
personal information.
If the Company
is involved in a merger, acquisition or asset sale, Your Personal Data may be
transferred. We will provide notice before Your Personal Data is transferred
and becomes subject to a different Privacy Policy. User Journal will be
deleted permanently when the user terminates subscription.
Under certain
circumstances, the Company may be required to disclose Your Personal Data if
required to do so by law or in response to valid requests by public authorities
(e.g. a court or a government agency).
The Company may
disclose Your Personal Data in the good faith belief that such action is
necessary to:
·
Comply with a legal obligation
·
Protect and defend the rights or property of the Company
·
Prevent or investigate possible wrongdoing in connection
with the Service
·
Protect the personal safety of Users of the Service or the
public
·
Protect against legal liability
The security of
Your Personal Data is important to Us, but remember that no method of
transmission over the Internet, or method of electronic storage is 100% secure.
While We strive to use commercially acceptable means to protect Your Personal
Data, We cannot guarantee its absolute security.
Children's
Privacy
Our Service
does not address anyone under the age of 18. We do not knowingly collect
personally identifiable information from anyone under the age of 18. If You are
a parent or guardian and You are aware that Your child has provided Us with
Personal Data, please contact Us immediately. If We become aware that We have
collected Personal Data from anyone under the age of 18 without verification of
parental consent, we will delete that information from Our servers.
If We need to
rely on consent as a legal basis for processing Your information and Your
country requires consent from a parent, We may require
Your parent's consent before We collect and use that information.
Links
to Other Websites
Our Service may
contain links to other websites that are not operated by Us. If You click on a
third party link, You will be directed to that third party's site. We strongly
advise You to review the Privacy Policy of every site You visit.
We have no
control over and assume no responsibility for the content, privacy policies or
practices of any third-party sites or services.
Information for Individuals in
Switzerland, UK and the EEA
If you use our services in Switzerland, the United Kingdom, or the
European Economic Area, the sections below apply to you (collectively,
"Europe"). The data controller for the personal information covered
by this Privacy Policy is Foojan, Inc.
LEGAL BASES FOR THE PROCESSING
Regularly, we use your personal data based on the
following legal grounds according to the Regulation (EU) 2016/679 (the “EU
GDPR”) or, where applicable, the “UK GDPR” as it forms part of the law of
England and Wales, Scotland and Northern Ireland by virtue of section 3 of the
UK European Union (Withdrawal) Act 2018 GDPR:
Perform our contractual services, including prior to
entering into a contract with you. If you order services from us or if you contact
us to request our services, we use your personal data to provide you with these
services, including for account and contract management, to facilitate user
benefits and services, including customer support, and evaluate your candidacy
for employment and to facilitate the onboarding process.
Justified by our legitimate interests. The usage of
your personal data may also be necessary for our own business interests. For
example, we may use some of your personal data to send gifts to you; market our
Services to individuals; administer, improve and personalize our services,
including by recognizing an individual and remembering their information when
they return to our services and analyzing our client-base; process payment for
our services; conduct market research; opportunity tracking, conversion and
lead generation; test, enhance, update and monitor the services, or diagnose or
fix technology problems; help maintain the safety, security and integrity of
our property and services, technology assets and business; enforce our
agreements, resolve disputes, carry out our obligations and enforce our rights,
and protect our business interests and the interests and rights of third
parties; and prevent, investigate or provide notice of fraud or unlawful or
criminal activity.
Consent. In some cases, we may ask you to grant us
separate consent to use your personal data.
Compliance
with legal obligations. We are obligated to retain certain personal data
because of legal requirements, for example, tax or commercial laws, or we may
be required by law enforcement to provide personal data on request.• When we have a legitimate
interest in processing your personal data.
Data Retention
If
you want to exercise any of these rights but cannot do so through the Services
or your device, you can contact us as stated below.
Changes
to this Privacy Policy
We may update
Our Privacy Policy from time to time. We will notify You of any changes by
posting the new Privacy Policy on this page.
We will let You
know via email and/or a prominent notice on Our Service, prior to the change
becoming effective and update the "Last updated" date at the top of
this Privacy Policy.
You are advised
to review this Privacy Policy periodically for any changes. Changes to this
Privacy Policy are effective when they are posted on this page.
Contact
Us
If you have any
questions about this Privacy Policy, You can contact us:
By
email: support@foojan.com
By
visiting this page on our website: www.foojan.com/support