Privacy Policy

Effective Date: October 1st, 2020

This privacy policy (the Privacy policy) describes the processing of your personal data by Digital Agua, Inc. d/b/a Figurosity (we, us, or any similar expression) when you access our website figurosity.com and related sites (Site) or use our services (the Services). All the capitalized yet undefined terms used in this Privacy Policy shall have the meaning assigned to them in our Terms of Service.

1. WHAT KIND OF INFORMATION DO WE COLLECT?

1.1 We collect the following information about you, depending on your use of our Site and/or Services:

(i) Information necessary for the use of our Site and Services. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations.

(a) Registration Information: Information that you provide to us when registering with our Site including your name, email address and password.

(b) Profile Information: Information that you provide when completing your profile on our Site including your name, profile pictures, gender, date of birth, interests and hobbies, educational details and employment details, description, tags which may include information requests considered optional.

(c) Purchase Information: Information relating to any purchases you make in respect of the Services and information you provide to the online payment service provider including your name, email address and payment method.

(d) Communication Information: Information contained in or relating to any communication that you send to us or send through our Site including the communication content and metadata associated with the communication.

(ii) Information we process automatically. We also collect and process the following information for the purpose of providing you with the best possible Services on our Site.

(a) Use of Site and/or Services: Potentially personally identifiable information about your computer and about your visits to and use of our Site and/or Services including your IP address and geographical location, device type, device screen resolution, browser type and version, operating system, referral source, length of visit, page views, preferred language, mouse events including movements, location and clicks, keypress, referring URL and domain, pages visited, date and time Site was accessed and website navigation paths or any similar information that may be obtained by Figurosity directly or indirectly from third party providers. Information that you provide to us when using our Site and/or the Services, or that is generated in the course of the use of those Services including the timing, frequency and pattern of Service use.

(b) Information you choose to give us. We shall further also collect and process additional information in order to obtain a better user experience when using our Site and/or Services.

(iii) Notifications: Information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters including your name and email address.

(iv) Posting: Information that you post to our Site for publication on the internet including your name and photo.

(iv) Other: Any other information that you choose to send to us.

2. WHAT DO WE USE YOUR INFORMATION FOR?

2.1 We use your information for the purpose of registration and/or creating an Account as well as purpose of proper exercise of your rights and obligations under the Terms of Service and in relation to your use of our Site and/or Services. We also use the information you submit to operate, maintain, and provide the features and functionality of the Site and to respond to questions or requests you have submitted to us.

2.2 Any personal information or content that you voluntarily disclose for posting to the Site, its related community, your User Content, or similar publicly accessible areas or content become available to the public. We are not responsible for personally identifiable information contributions that you choose to disclose publicly in these areas. If you remove information that you posted, copies may remain viewable in cached and archived pages, or if other users have copied or saved that information.

2.3 By providing us your email address, you consent to us using the email address to send you service-related notices, including any notices required by law. Subject to your ability to opt-out, as applicable, we may also use your email address to send you other messages, such as newsletters, changes to Services, or special offers. If you decide not to receive such messages anymore, you may unsubscribe by following the link provided in the email communication. Unsubscribing may prevent you from receiving messages regarding updates, improvements, or offers. You may not unsubscribe from service-related emails. If you correspond with us by email, we may retain the content of your email messages and our responses.

2.4 We may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Site is used, diagnosing service or technical problems, maintaining security, and personalizing content. We may work with third party companies such as Google Analytics, Facebook Analytics, GrooveHQ, and Hotjar to help us understand how the Site is being used, such as the frequency and duration of usage, how users found our Site, and other non-personally identifiable information so we can deliver a better experience and improve the Site.

2.5 We reserve the right, but have no obligation, to monitor the information you post on the Site and related forums. If applicable, we reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.

3. ON WHAT BASIS DO WE PROCESS YOUR INFORMATION?

3.1 We process your information with your consent to provide you access to the Site and use of our Services.

3.2 We process your information to comply with our statutory obligations or to protect our legitimate business interests, for example in cases of fraud prevention, network and information security, and direct marketing purposes, and where there is a legal obligation for us to do so.

3.3 We process your information in accordance with applicable law and to protect your information against misuse and/or any unlawful disclosure.

4. HOW WE SHARE YOU INFORMATION?

4.1 In relation to your use of our Site and/or Services and, if circumstances so require, we may disclose your information and you agree with such disclosure in accordance with the principle of least privilege to a limited number of persons such as our employees, contractors, officers, insurers, professional advisers, agents, suppliers or subcontractors, successors and assigns insofar as reasonably necessary for the purposes set out in this Privacy Policy.

4.2 We may disclose your information to any of our employees, contractors, officers, insurers, professional advisers, agents, suppliers or subcontractors, successors and assigns insofar as reasonably necessary for the purposes set out in this Privacy Policy.

4.3 We may disclose your information:

(i) to the extent that we are required to do so by law;

(ii) in connection with any ongoing or prospective legal proceedings;

(iii) in order to establish, exercise or defend our legal rights including providing information to others for the purposes of fraud prevention and reducing credit risk; or

(iv) in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. You will be notified via email and/or a prominent notice on the Site if a transaction takes place, as well as any choices you may have regarding your information.

4.4 Non-Personally Identifiable Information: We may share non-personally identifiable information such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc. with interested third parties such as Google Analytics, Facebook Analytics, GrooveHQ, and Hotjar, to help them and us understand the usage patterns for certain services. We use Hotjar in order to better understand your needs and to optimize our Services and your experience on our Site e.g. how much time you spend on which pages, which links you choose to click, what users do and don’t like, etc. Hotjar uses cookies and other technologies to collect data on your behavior and devices in particular your IP address captured and stored only in anonymized form, device screen size, device type unique device identifiers, browser information, geographic location, country only, preferred language used to display our Site. Hotjar stores your information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify you or to match it with further data of an individual user. For further details, please see Hotjar’s privacy policy by clicking on this link.

4.5 We do not share your personally identifiable information or personally-identifiable location information with third-party companies for their direct marketing use.

5. DO WE TRANSFER YOUR INFORMATION TO THIRD COUNTRIES?

Your information may be transferred across the European Union and/or European Economic Area and to countries that according to the European Commission does not ensure an adequate level of protection i.e. the United States of America. Your use of the Site and Service is your consent to the cross-border transfer of your information.

6. HOW LONG DO WE MAINTAIN YOUR INFORMATION?

6.1 Except as provided otherwise by law, we will process your information in a form which permits your identification for no longer than is necessary for the purposes for which the personal data is processed.

6.2 We shall process your information after you stop using our Site and/or Services, if it is necessary to

(i) meet our legal obligations; or

(ii) establish, exercise or defend our legal rights including providing information to others for the purposes of fraud prevention and reducing credit risk.

7. HOW CAN I WITHDRAW MY CONSENT?

You may withdraw your consent for certain processing at any time by contacting support@figurosity.com or, as applicable, unsubscribing from marketing and other communications.

8. WHAT ARE YOUR RIGHTS AND OBLIGATIONS?

8.1 You are entitled to:

(i) Access to your information concerning:

(a) the purpose of processing,

(b) the categories of processed information,

(c) whom we share your information, and/or

(d) the duration of processing and collection of your information.

(ii) Correction of your information. Please contact us support@figurosity.com with your request. Additional information from you may be requested to support this request.

(iii) Erasure of your information (Right to be forgotten). Please contact us support@figurosity.com with your request. Additional information from you may be requested to support this request.

(iv) information portability: You are entitled to receive your information processed by us in a structured, commonly used and machine-readable format for the purpose of transmitting such information to another data controller. Please contact us support@figurosity.com with your request

(vi) Object to the processing of your information: You have the right to object to the processing of your information based on the grounds of legitimate interest, marketing purposes, profiling related to direct marketing.

(vii) Lodge a complaint with a supervisory authority: If you consider that your rights relating to the processing of your information have been infringed you have the right to lodge a complaint with your local supervisory authority.

9. CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 16 is allowed to provide any personal information to or on the Site. In the event that we learn that we have collected personal information from a child under age 16 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at support@figurosity.com.

10. PROCESSING FINANCIAL TRANSACTIONS

All the financial transactions process at our Site and/or in respect of the Services are handled through our payment services provider Square. You can review the provider's privacy policy at https://stripe.com/privacy. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our Site, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

11. HOW DO WE COOPERATE WITH THIRD PARTY WEBSITES?

Our Site includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12. HOW DO WE UPDATE OUR PRIVACY POLICY?

We reserve the right to change our Privacy Policy. If we change our privacy policies and procedures, we will post those changes on the Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. It is important that you review this Privacy Policy regularly to ensure you are updated as to any changes.

13. WHAT KIND OF COOKIES DO WE USE?

13.1 A cookie is a file containing an identifier a string of letters and numbers that is sent by a web server to a web browser and is stored by the browser on your mobile device or computer to identify you usually based on an anonymous identifier. The identifier is then sent back to the server each time the browser requests a page from the server in order to identify your visit to a particular page, the list of ads you have responded to, the type of browser you are using, and also to remember information you have filled out on our website.

13.2 We use cookies to personalize content and ads to provide social media features and to analyze our traffic. We also share information about use of our Site with our social media, advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services.

13.3 The purpose of using Cookies is to be able to adapt to your needs, to distinguish you from other users, to prevent the display of irrelevant ads in your web browser and to prevent the need for your repeated login to our Interface.

13.4 Cookies may be either "persistent" cookies or "session" cookies or third-party cookies:

(i) A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date;

(ii) a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed;

(iii) third-party cookies are cookies that are set by a website other than our Site. For example, a website might have a social media like button on their site. That like button will set a cookie that can be read by social media provider. The aim of third-party cookies is often to collect certain information to carry out various research data like behavior, demographics and for targeted marketing of their service.

13.5 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.6 We use session, persistent and third-party cookies on our Site and/or with respect of our Services. According to different purpose, there are other subcategories we may use.

13.7 Please acknowledge that blocking and/or deleting cookies may have a negative impact upon the usability of the Site and/or our Services.

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