Last updated June 7, 2022
FABRICA SOFTWARE, LLC
INTERPRETATION AND DEFINITIONS
"Account" means a unique account created for you to access our Website or Services.
"Business", for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
For the purpose of the GDPR, the Company is the Data Controller.
"Consumer", for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
"Cookies" are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
"Data Controller", for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
"Device" means any device that can access the Website or Services such as a computer, a cell phone or a digital tablet.
"Do Not Track" (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
"Personal Data" is any information that relates to an identified or identifiable individual.
For the purposes of the GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
"Sale", for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's Personal Data to another business or a third party for monetary or other valuable consideration.
"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 Website, to provide the Website on behalf of the Company, to perform services related to the Website or to assist the Company in analyzing how the Website is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
"Third-party Social Media Service" refers to any website or any social network website through which a User can log in or create an account to use the Website or Services.
"Usage Data" refers to data collected automatically, either generated by the use of the Website or from the Website infrastructure itself (for example, the duration of a page visit).
"User" means the individual accessing or using the Website or Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or Services, as applicable.
Under GDPR (General Data Protection Regulation), you can be referred to as the Data Subject or as the User as you are the individual using the Website.
COLLECTION OF DATA
While using our Website or Services, contacting our support forum, emailing us, or otherwise communicating with us, 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
- Company Name (if signing up on behalf of an entity)
We collect this personal information from you when you sign up for an account. Account creation will also create a Cryptlex user account in order to provide a license key to activate the Software, if necessary. See their policy regarding collection of user data at https://docs.cryptlex.com/legal/privacy-policy#1.2-users.
The following are additional situations in which you may provide your information to us:
- When you sign up for any notifications or other materials;
- When you provide information to us through a third-party application or website;
- When you communicate with us or request information about us or our Website or Services, whether via email or other means, including participating in our support forum;
- When you participate in online surveys;
- When you register and/or participate in online forums, reviews or provide user generated content or submissions.
Usage Data may be collected automatically as you navigate through, interact with, or access our Website or Services by or through a mobile device or any desktop. Usage Data may be non-personal information, including, but not limited to, your Device's Internet Protocol address (e.g. IP address) and unique ID, your operating system, internet browser type, internet browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other diagnostic data.
This information is used by us in order to enable us to better understand how our Website and Services are being used by visitors and allows us to administer and customize the Website and Services to improve your overall experience. We may aggregate information from Users of the Website, such as demographic statistics (e.g. geographical allocation of Users), number of visitors and average time spent on the Website which will also be considered as non-personal information.
Tracking Technologies and Cookies
Cookies are small data files that your browser places on your computer or device. A cookie itself does not contain or collect information. However, when it is read by a server via a web browser it can help a website deliver a more user-friendly Website or Services – for example, remembering previous subscription or account details.
You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of our Website.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. Learn more about cookies: All About Cookies.
Necessary / Essential Cookies
Type: Session Cookies
Administered by: us
Purpose: These Cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: us
Type: Persistent Cookies
Administered by: us
Purpose: These Cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Data From Channel Partners
When you visit our channel partners (e.g. our payment processor or our support forum), we may receive information from such partners. When you are visiting any of these online channels/sites, our partners may collect:
- Payment or transaction information that we use when you subscribe to our Services.
- Location information or your IP Address that we use to give you relevant online content.
- Information you’ve shared publicly on our forums.
USE OF DATA
The Company may use information that we collect about you or that you provide to us, including any personal information or Personal Data for the following purposes:
- To present our Website and Services to you;
- To verify your identity and enable you to subscribe or register to use our Website or Services;
- To process your subscription to, and payment for, our Services;
- To provide you with information, products, or services that you request from us;
- To send you any information you have asked us or answer your questions about our Website or Services, or to attend and manage your requests to us;
- To notify you about changes to our Website or Services that we offer or provide through it;
- To receive feedback on our Website or Services through questionnaires and surveys;
- To comply with regulatory requirements;
- To manage your Account: to manage your registration as a User of the Website or Services. The Personal Data you provide can give you access to different functionalities of the Website or Services that are available to you as a registered user
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for invoicing, or 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 Website
- To provide and maintain our Website or Services, including to monitor the usage of our Website or Services, or for customer service and system maintenance;.
- 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.
DISCLOSURE OF DATA
- With contractors and third party service providers we use to support our business and to enable them to provide the Services, such as channel, payment or other service partners;
- With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or services, or those with an API or services with which we integrate.
- To any person who, in our reasonable judgment, is authorized to receive your information as your agent, including as a result of your business dealings with that person (for example, your attorney);
- To our third-party partners and service providers so that they may provide support for our internal and business operations, including handling of data processing, data verification, data storage, surveys, research, internal marketing, delivery of promotional, marketing and transaction materials, and our Services maintenance and security. These companies are authorized to use your information only as necessary to provide these services to us and are contractually obligated to keep your information confidential;
- We may access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with or as required by law or ordered by a court, regulatory, or administrative agency;
- As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another's rights or property, including, without limitation, our rights or property.
- With our subsequent owner, co-owner, or operator of one or more of the Services; or in connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change;
- If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
- With your consent;
- 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. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity. Similarly, other users may be able to view descriptions of your activity, communicate with you and view your profile.
Under certain circumstances, the Company may be required to disclose 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 Website or Services;
- Protect the personal safety of all Users or the public;
- Protect against legal liability.
RETENTION OF DATA
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 Website, or we are legally obligated to retain this data for longer time periods.
TRANSFER OF DATA
Your information, including Personal Data, may be 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 from those from your jurisdiction.
We may use third-party Service Providers to process and store your information in the United States, Canada, Japan, the European Union and other jurisdictions.
SECURITY OF DATA
The security, integrity and confidentiality of your information or Personal Data is extremely important to us. We, through our partners, strive to implement and maintain reasonable, industry-standard secure storage technologies and commercially acceptable security procedures and practices appropriate to storage of information, in order to protect it from unauthorized access, destruction, use, modification, or disclosure. However, we cannot ensure or warrant 100% security of any information you provide or guarantee that information on the Website may not be accessed, disclosed, altered, or destroyed by unauthorized persons or hardware or software failure. Further, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you. 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 Website.
Our users, employees and partners also play an important role in protecting information. We encourage users to choose passwords and other forms of user credentials for authentication that are difficult for others to guess and to keep their personal passwords and credentials secret.
PROCESSING OF DATA
Service Providers have access to your Personal Data only to perform their tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to provide a user account framework.
Google Firebase https://firebase.google.com/support/privacy
We may use third-party Service providers to provide subscription management and payment processing.
We may use third-party Service providers to provide licensing management for the Software.
We may use third-party Service providers to provide user account services such as notifications, password-resets and email confirmations.
We may use third-party Service providers to monitor and analyze the use of our Website.
Usage, Performance and Miscellaneous
We may use third-party Service Providers to provide features and improvements to our Website or Services.
Amazon Simple Email Service https://aws.amazon.com/compliance/data-privacy-faq/
Google Fonts https://policies.google.com/privacy
Font Awesome https://fontawesome.com/privacy
Vimeo for embedded videos https://vimeo.com/privacy
Discourse for forum/support/community https://www.discourse.org/privacy
Discord for discussion/support/community https://discord.com/privacy
Mailchimp for newsletter distribution https://mailchimp.com/legal/
Please note that, if you request that we restrict or stop using information we hold on you, or withdraw a consent you have previously given to the processing of such information, this may affect our ability to provide our Website or Services to you or negatively impact your Website experience or Services we can provide to you. We may not accommodate a request to change information if we believe such change would violate any law or legal requirement or cause the information to be incorrect.
We reserve the right to deny you access for any reason permitted under applicable laws. Such exemptions may include national security, corporate finance, and confidential references. If we deny access or correction, we will provide you with written reasons for such denial unless it is unreasonable to do so and, where required by local data protection laws, will note your request and the denial of the same in our records.
Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent - You have given your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract - Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
- Legal obligations - Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests - Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
- Public interests - Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests - Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
The Company will help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Rights under the GDPR
- Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
- Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
- Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
- Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
- Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, We may not be able to provide You with access to certain specific functionalities of the Website or Services.
Exercising of your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about uur collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
Rights under the CCPA
If you are a California resident, please review these additional privacy disclosures, which provide a summary of how we collect, use and disclose Personal Data about you and explain your rights under California law.
Under the California Consumer Privacy Act (“CCPA”), California residents have the right to request access to or delete their Personal Data, to request additional details about our information practices, to opt out of the ‘sale’ of Personal Data (if applicable), and not to be discriminated against. Below we explain how you may exercise these rights.
Right to Know: You may request access to the specific pieces of Personal Data we have about you. You may also request additional details about our information practices, including the categories of Personal Data we collect, the sources of information, the types of third parties we share information with, the types of Personal Information we share for business purposes, and details about the information we have sold, if any.
Right to Modify and Delete: You may review, modify and request deletion of your Personal Data. Note that even if we honor your request to delete your information, we may retain certain information as required or permitted by or required by law.
Right to Non-Discrimination: We will not discriminate against you for exercising any of the above rights. We will not deny you our Website or Services, charge you different prices or rates, or lower the quality of our Website or Services offered to you if you exercise your rights under the CCPA.
Exercising of your CCPA Data Protection Rights
Under the CCPA, you may exercise these rights yourself or designate an agent (by way of a written and duly signed authorization, including electronically signed authorization) to make these requests on your behalf. To exercise your rights, you must submit a written request which describes in detail your request in order for us to understand, evaluate and respond to it.
DO NOT TRACK POLICY
Our Website does not respond to Do Not Track signals.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. There is no accepted standard on how to respond to DNT signals. Some third party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
NOTICE TO CALIFORNIA RESIDENTS
NOTICE TO NEVADA RESIDENTS
LINKS TO OTHER OR THIRD-PARTY WEBSITES
Our Website or Services, as well as the email messages sent with respect to our Website or Services, may contain links or access to websites operated by third parties that are beyond our control. Links or access to third parties from our Website or Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices.
CALIFORNIA PRIVACY RIGHTS FOR MINOR USERS