Effective date November 30, 2020
Your privacy and the protection of your personal information is important to us. For U.S. residents, personal information means information that identifies, describes, or is reasonably capable of being associated with or linked to, directly or indirectly, an individual or household. For EU and UK residents, personal information means information relating to an identified or identifiable person – that is, a person who can be identified directly or indirectly by reference to an identifier.
TABLE OF CONTENTS[MJ1]
International Transfers of Data. We process data in the U.S. and in the European Economic Area only. If you are located outside of these jurisdictions, and you access or use our Services, you do so at your own risk.
Your Rights. Depending on where you live, you may have certain rights with respect to your personal information.
Children’s Privacy. Our Services are not designed or intended for children under eighteen (18) years old. Users under eighteen (18) years old are prohibited from using our Services.
Information We Collect. We may collect certain information about you.
How We Use Your Information. How we may use the information we collect about you.
How We May Share Your Information. How we may share the information we collect about you with others.
How We Protect Your Information. We use reasonable physical, technical, and administrative safeguards designed to protect the security of personal information that we collect.
Communications with You. How we may communicate with you and your right to opt-out.
Linked Sites. Our Services may be accessed through certain websites.
How to Contact Us. You may contact us regarding the collection, use, disclosure, or security of your personal information by one of the means provided below. In contacting us, we may ask you to provide additional information.
CHILDREN’S PRIVACYOur Services, including our platform, are not designed to attract children aged thirteen (13) and under. Further, you must be eighteen (18) years old or older to use our Services. By using our Services, you represent that you are at least 18. If we learn we have collected or received personal information from a child under 18, we will delete that information, including any associated account, and prohibit use of our Services. If you believe we might have any information from or about a child under 18, please contact us via the contact methods below.
HOW WE USE YOUR INFORMATIONWe use the personal information we collect about you in connection with our Services, including the operation of our Services to provide augmented reality experiences. If you request information or Services from us (like, for instance, when using our premium Services), we will use your information to fulfill your request or any other purpose for which you provide it. We may use your information to respond to inquiries made by you, or for other customer service related reasons. We may use your information to provide you with information about our Services or to better understand your needs, or to give you notice of and/or resolve any problems that may arise in connection with our Services. We may use, save, analyze, or otherwise process personal information we obtain about you to perform our Services to you, including in connection with advancing and collecting funds under (or in anticipation of entering) the Business Agreement, pursuant to our legal obligations (e.g., “Know Your Client” and fraud protection) and our legitimate business interests. Our uses of personal information we obtain about you include:· to fulfill your requests for our products, programs and Services and process and analyze your application for our Services; · to respond to your inquiries about our Services, provide customer support or otherwise t better understand your needs;· to verify your identity;· to offer you other products, programs, or services that we believe may be of interest to you;· to verify the existence and condition of your accounts and conduct due diligence,· to fulfill legal requirements (like “Known Your Client” requirements), protect our legal rights, and/or to protect against potentially prohibited or illegal activities;· to improve (including through data analytics), monitor and personalize the Services and conduct our business and to provide targeted marketing and advertising;· to measure the performance of and improve our Website and any mobile application functionality, or other aspect of our Services;· to manage, administer and protect our information technology infrastructure security; · to otherwise assist with a transaction. For example, we may use the account information you provide or that we collect from Third-Party Sites to confirm your accounts are valid and to access funds from your accounts in connection with fulfillment of the Services; and· if you apply for employment with us, we will collect your information for hiring-related purposes. If information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, it may not constitute personal information, and we may use it for any business purpose. We will not reuse your personal information for a new purpose other than the original one(s) for which it was collected, unless one or more of the following apply: (i) the new use is compatible with the original use such that you would reasonably expect such a similar use; (ii) we have notified you of the new use and given you an opportunity to authorize it; or (iii) the new use is otherwise permitted or required by law.
HOW WE PROTECT YOUR INFORMATION We employ reasonable physical, technical, and administrative safeguards designed to protect the security of personal information that we collect in connection with our Services. Safeguards we employ include firewall barriers, SSL encryption techniques, and authentication procedures, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. These safeguards vary depending upon a variety of factors including the sensitivity of the information we collect and use. Despite all reasonable practices, no security method is infallible. We cannot guarantee the security of the networks, systems, servers, devices, and databases we operate, that are operated on our behalf, or which you employ to access our Services. Nor can we guarantee the security of third-party networks, including cellular networks and storage servers, used in connection with our Services. You should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal information to the Company via the Internet. If you have any questions regarding the security of your personal information, you can contact us by email at firstname.lastname@example.org.
COOKIES AND WEB BEACONS Cookies [MJ5] [QC6] and Web Beacons.Our Websites use analytical cookies to enhance users’ experiences at our website, and tracking technologies (like web beacons and pixels) to access or store information. Cookies are small data files sent to your computer on the basis of the information that we have collected about your visit. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, it may affect your experience on certain parts of our Website. Your web browser will have an option you may select that will block cookies. Below are links to information about popular web browsers and how to block cookies using them. https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop?redirectlocale=en-US&redirectslug=Enabling+and+disabling+cookieshttps://support.google.com/chrome/answer/95647?hl=en&p=cpn_cookieshttps://support.microsoft.com/en-gb/help/4027947/microsoft-edge-delete-cookieshttps://support.apple.com/en-gb/guide/safari/sfri11471/macWe may also collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons, for example, to count users who have visited those pages or opened an email and for other related website statistics.
DO NOT TRACK SIGNALS Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to websites that you are visiting, advising the recipient websites that you do not want to have your online activity tracked. However, the way browsers communicate such “Do Not Track” signals is not yet uniform and, accordingly, our Website does not take any action in response to such signals. In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.
COMMUNICATIONS WITH YOU AND OPTING-OUT We may use your personal information to contact you via phone, texting, email, or by other means to the extent such activity is permitted by law. This information may be used to help us deliver information to you, and for other purposes as are reasonably necessary to provide the Services requested by you. We may contact you to enable us to respond to an inquiry or comment from you, and/or to help us provide our Services to you. By providing use with your mobile phone number and/or email address, and clicking the box allowing us to contact you[MJ7] [QC8] , you affirmatively authorize us to contact you by texting, phone, or other specified means. You may opt-out of receiving future communications from us by changing your account settings and preferences. You may opt-out of communications by following the instructions provided with our communications, for instance in the email message we send if we communicate with you by email. You also may opt-out or change your preferences by providing opt-out instructions – e.g. sending an email or postal mail as provided below:• Postal Mail: Forever 8 Fund, LLC, 234 5th Ave, Suite 311, New York, NY 10001• Email Privacy: email@example.comBe sure to include the contact information we are using to communicate with you, such as your email address, and let us know the specific types of communications you no longer wish to receive.
YOUR RIGHTS You have the right to access and correct your personal information that you submit to us when you create an account by accessing and changing your account information. Depending on where you live, you may have certain additional rights with respect to your information. Please note that you may be located in a jurisdiction where we are not obligated, or are unable, to fulfill a request. In such a case, your request may not be fulfilled.If you prefer that we do not share personal information about you with our affiliates, or to nonaffiliated third parties, for marketing purposes, except as otherwise permitted or required by law, you may direct us not to do so by contacting us in the manners provided below. If you prefer that we do not direct market to you via our affiliates and nonaffiliated third parties through e-mail, postal mail, and/or telemarketing, you may direct us not to do so by contacting us in the manners provided below, or by sending a request by mail to the address above.• Postal Mail: Forever 8 Fund, LLC, 234 5th Ave, Suite 311, New York, NY 10001• Email Privacy: firstname.lastname@example.org• Toll-free Number: 844-674-7872
Rights of California Residents. California residents with rights under the California Consumer Privacy Act (“CCPA”), or their authorized agents, may click here to learn those rights and make for access or deletion requests. Do Not Sell My Personal Information[MJ9] . We do not sell personal information.
Rights of Nevada Residents. Residents of Nevada may learn about their rights here. Rights of EU and UK Residents. EU and UK residents with rights under the EU General Data Protection Regulation (GDPR) or UK data protection laws may learn about those rights and make for access or deletion requests here.
• Postal Mail: Forever 8 Fund, LLC, 234 5th Ave, Suite 311, New York, NY 10001
• Email Privacy: email@example.com [MJ1]
Direct Marketing Lists – California Shine the Light LawCalifornia residents can request a list of all the third parties to which we have disclosed certain personal information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. California residents may contact us at Forever 8 Fund, LLC, 234 5th Ave, Suite 311, New York, NY 10001. In the body of your request, you must include: “California Shine the Light Request”, your name, a current California address including, street address, city, state, and zip code, as well as sufficient information for us to determine if the law applies to you. You will need to attest to the fact that you are a California resident. We will not accept requests by telephone, email, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
Categories of Personal Information Disclosed for a Business PurposeCategories of Third Parties·
Personal Information We Collect and Have Sold California residents may opt out of the “sale” of their personal information, which under the CCPA broadly means scenarios in which we have shared personal information with partners in exchange for valuable consideration. CCPA defines a “sale” as selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.We have not sold personal information in the last twelve months.
Your Rights Under CCPA As A California Resident Under CCPA, California residents have specific rights regarding their personal information as described below, subject to certain exceptions.
1. The Right to Disclosure of Information. You have the right to request that we disclose certain information regarding our practices with respect to personal information. If you submit a valid and verifiable request and we confirm your identity and/or authority to make the request, we will disclose to you any of the following at your direction: (i) the categories of personal information we have collected about you in the last 12 months, (ii) the categories of sources for the personal information we have collected about you in the last 12 months, (iii) our business or commercial purpose for collecting that personal information, (iv) the categories of third parties with whom we share that personal information, and (v) the specific pieces of personal information we collected about you. In addition, if we sold your personal information or disclosed it to a third party for a business purpose, we will provide a list of the personal information types that each category of recipient purchased. We explain how you may exercise this right below.
2. Right to Deletion. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. If you submit a valid and verifiable request and we can confirm your identity and/or authority to make the request, we will determine if retaining the information is necessary for us or our service providers to:° Complete a transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• Debug products to identify and repair errors that impair existing intended functionality.
•Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
•Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
•Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;° Comply with a legal obligation; and/or
•Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
If none of the above retention conditions apply, we will delete your personal information from our records and direct our service providers to do the same. We explain how you may exercise this right below. Please note that deletion of your information may affect your experience accessing or using our Website or Services.
3. Right to Opt-Out of the Sale of Your Personal Information. As a California resident, you have the right to direct a business that sells your personal information to third parties not to sell your personal information. This right is referred to as “the right to opt-out.” We explain how you may exercise this right below.
4. Right Against Discrimination. You may exercise your rights under the CCPA without discrimination. For example, unless the CCPA provides an exception, we will not:
•Deny you goods or services;
•Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
•Provide you a different level or quality of goods or services; or
•Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. We may offer you financial incentives to provide us with personal information that is reasonably related to the information’s value. This could result in different prices, rates, or quality levels for our products or services. Any financial incentive we offer will be described in written terms that explain the material aspects of the financial incentive program. You must opt-in to any financial incentive program and may revoke your consent at any time by contacting us as indicated below.
How To Exercise Your Rights Under the CCPA To submit general questions or requests regarding this Privacy Notice or our privacy practices, please contact us at firstname.lastname@example.org.
To submit a verifiable request under the CCPA to access or delete your information, please visit our online request portal and fill in the form by visiting here[MJ2].
Alternatively, you may call us at this number: 844-674-7872
Please note that you if you choose to make a CCPA request, we will require certain information in order to verify who you are, including your name, account information, address, and telephone number. This information will be requested via the webform.
You may have an authorized agent, as defined by CCPA and/or related regulations, submit a request on your behalf. However, we may require proof of such agent’s status as an authorized agent, including an executed permission by you, and verification of the agent’s own identity. We also still will require the information requested via the webform.
[MJ1]Need to have printable version. [MJ2]Need to set up web form (proposed one drafted below)