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FICTIV INC. PRIVACY POLICY

Last Updated: January 1, 2020

Thank you for visiting www.Fictiv.com, a website (“Site”) operated by Fictiv, Inc., and its affiliates.  Please take the time to read this privacy policy (“Privacy Policy”). This Privacy Policy explains our policies and practices regarding the collection and use of your personal information, and it sets forth your privacy rights. This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our Site and services, including those offered through our websites, communications (e.g., emails, phone calls, and texts), and mobile applications (collectively, the “Service“). The terms “we“, “us“, and “Fictiv” refer to: (i) Fictiv Inc., a Delaware corporation with its headquarters in San Francisco, California.

When you use the Service, you consent to our collection, use and disclosure of information about you as described in this Privacy Policy. We may translate this Privacy Policy into other languages for your convenience. Nevertheless, the English version governs your relationship with Fictiv, and any inconsistencies among the different versions will be resolved in favor of the English version.

INFORMATION WE COLLECT

Personal Information

We collect personal information that identifies you, whether directly or indirectly, such as your name, address, email address, phone number, your company name and/or your title.  When anonymous information is, directly or indirectly, associated with personal information, the resulting information is also treated as personal information.

Information Collected on the Site  

We collect information you provide through the Site.  Such information is collected when you sign up for our services and establish an account, register to be a manufacturing partner, you share information or content on the Site, or submit any form of communication or information (i.e., information collected through customer surveys).

Documents Uploaded on the Site

We retain information on your behalf, such as specifications, CAD drawings and engineering tolerances that you store using your account. In certain circumstances we may request that you provide us with photocopies of your government issued ID and other related documents for fraud prevention purposes, to verify your identity and/or for regulatory compliance.

Payment Information  

When you make or receive a payment through the Site, you may need to provide financial account information, such as your credit card or bank account number.  

Customer Support Information  

We may collect personal information through your communications with our customer-support team.  

Employment Applications  

Fictiv currently uses Greenhouse Software, Inc., (“Greenhouse”), a third-party service provider to handle all job applicants using our Site.  Accordingly, collection and use of information provided by job applicants are governed by Greenhouse’s Applicant Terms of Use Policy located at www.greenhouse.io/privacy-policy.

Automatic Data Collection  

Our Site collects certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of our Site, including a history of the pages you view.

Cookies and Other Related Technologies  

When you use the Site, we and our third-party partners, such as analytics providers, use “cookies”, "web beacons", tags, scripts, local shared objects and other similar technologies to collect information about how the Site is accessed.  These technologies help us better understand user behavior, tell us which parts of our Site people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. The Cookie Policy explains how we use cookies.

Internet, Network, and Telecommunication.

If you use our internet connection, networks, telecommunications systems or information processing systems, your activity and any files or messages on those systems may also be monitored by Fictiv at any time, in accordance with applicable law, for purposes of an investigation or to ensure compliance with company policies.

HOW FICTIV USES YOUR INFORMATION

Fictiv will not use your personal information for any purpose other than the purpose for which it was originally obtained without your prior consent. We use your personal information to communicate with you to provide:

  • support regarding our products and services
  • fulfill our obligations to you
  • respond to any questions or requests you may have
  • process and fulfill product and service orders
  • send you marketing communications that we believe may be of interest to you
  • present products and services that are tailored to your preferences
  • provide to third parties as a result of any reorganization process

HOW WE SHARE INFORMATION WITH THIRD PARTIES

In General: We do not rent, sell, or share your personal information about you with other people or nonaffiliated companies for their direct marketing purposes. We use third party service providers to perform functions or services on our behalf. When we transfer your information, we require all our service providers to maintain the privacy, confidentiality and security of personal information and data. We take reasonable steps to ensure that these parties take protecting your privacy as seriously as we do.

Support Services. We engage third parties to perform services on our behalf such as software maintenance services, hosting services, email service providers, database management, web analytics, and other services.  

Service Providers.  We rely on third party service providers to support or provide Services to you and in connection with your use of the Site and Services. We may share your personal information with third party service providers that are retained by us to provide or improve our products, services, advertising; conduct quality assurance testing; facilitate the creation of accounts; provide technical support; or other services. We may share your information with third parties for purposes of communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Service, quality assurance testing, payment processing, marketing, and other functions, and with our manufacturing partners to enable them to manufacture the parts, assemblies and other items.  Fictiv’s third party service providers may likewise share information with us that they obtain from or about you in connection with providing their services or completing your requests.

Law Enforcement and Internal Operations. Personal information may be disclosed where we are required to do so by law, or if we believe in good faith that it is reasonably necessary (i) to respond to claims asserted against Fictiv or to comply with the legal process (for example, discovery requests, subpoenas or warrants); (ii) to enforce or administer our policies and agreements with users; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (iv) to protect the rights, property or safety of Fictiv, its users or members of the general public. We will use commercially reasonable efforts to notify users about law enforcement or court ordered requests for data unless otherwise prohibited by law. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to any third-party request to compel disclosure of your information.

Marketing. We may use personal information to email you information we think may be useful or relevant to you.  For example, we may email you if you sign up for our emails.

Merger, Sale, or Other Asset Transfers.  We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the personal information collected by us and will assume the rights and obligations regarding the personal information as described in this Privacy Policy.

CONTROLLING YOUR PERSONAL DATA

Right to Review and Rectify Your Personal Information.  You may access your account at any time to correct, update, or delete inaccuracies by logging into your account through our Site. If additional assistance is required to change or delete inaccuracies within your personal information or you would like to know what information about you was collected, please contact us. We reserve the right to charge for copies of data requested.

Right to Remove or Withdraw Consent. You have the right to withdraw consent where such consent is required to share or use data, however, you will not be able to opt-out on via the Site. You must contact us.

Request to Delete. If you receive communications from us and no longer wish to receive them, please follow the opt out or removal instructions in the email. To delete your account, you must contact us. Since your personal information is required for us to provide you with products and services, deleting it will terminate your access to our products and services. We may be required by law to retain personal information to exercise or defend legal claims, or contractual obligations with our customers, or information in connection with our obligation to provide products and services. We may de-identify and anonymize some data for purposes of retaining it.

Data Portability. If you would like us to transmit your personal information to another company providing similar services and we are required to so by law, we will work with them to do so upon request and verification of such request with both the requestor and the company receiving the personal information.

Right to Redress.  If you are located in the European Economic Area and you believe we have violated any data protection laws, you may file a complaint directly to your local Data Protection Authority (also known as the “DPA”).

Communication.  We will provide you reasonable mechanisms to exercise your choice regarding receipt of information from Fictiv. When you receive an email from us, you may opt-out from receiving future emails from Fictiv by clicking on the unsubscribe link contained in the e-mail, or you may contact us.

DATA STORAGE AND RETENTION

Your personal information is stored by Fictiv on its servers, and on the servers of the cloud-based database management services Fictiv engages, located in the United States. Email help@fictiv.com to close your account.  We will retain and use your personal information for as long as your account is active, as needed to provide you products and services, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

For more information on where and how long your personal information is stored, and for more information on your rights of erasure and portability, please contact Fictiv’s legal team at privacy@fictiv.com.

SECURITY OF YOUR INFORMATION

To help protect privacy and personal information you transmit through use of our Site, use physical, technical and administrative safeguards. We take reasonable and appropriate measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction by taking into due account the risks involved in the processing and the nature of the personal data.

We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot and do not guarantee its absolute security of the information we collect, store, process or transmit.

DATA INTEGRITY

Fictiv will use your personal information only for the purposes for which it was collected, unless you provide prior consent. We will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete and current.

EUROPEAN RESIDENTS: YOUR PRIVACY RIGHTS AND INTERNATIONAL DATA TRANSFER

Fictiv is a global business. Personal information may be stored and processed in any country where we have operations or where we engage service providers. If you are a European Resident, you have the right to access your personal data, and the right to request that we correct, update, or delete your personal data. You can object to the processing of your personal information, ask us to restrict processing of your personal information, and request portability of your personal information. Additional information regarding your exercise of these rights is available by contacting Fictiv’s legal team at privacy@fictiv.com. Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. If you have any questions or comments about the processing of your personal information, you may contact us as at privacy@fictiv.com.

For European Residents, please note that the personal information we obtain from or about you may be transferred, processed, and stored outside of the EEA or Switzerland for the purposes described in this Privacy Policy, including in the United States of America. We take the privacy of our users seriously and therefore take steps to safeguard your information, including ensuring an adequate level of data protection in accordance with E.U. standards in effect as of the date of this Privacy Policy. These steps include use of the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection laws. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.

LINKS TO OTHER WEBSITES

This Site contains links to websites of other organizations. Unless otherwise specified, linkage to these other websites does not imply any relationship, sponsorship, or affiliation between Fictiv and these linked websites, nor does it imply any adoption or approval of the content of such websites. Fictiv does not have control the policies or practices of these websites and is not responsible for their privacy practices or their content.

YOUR CALIFORNIA PRIVACY RIGHTS

Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights around Fictiv’s collection, use, and sharing of their personal information.

Fictiv does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.

Fictiv collects various categories of personal information when you use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information Fictiv collects and how we use it is provided above in Section 1 (Information We Collect and How We Use It). Section 3 (Third Parties) describes the categories of third parties with whom we share personal information, and what information may be shared under different circumstances.

If you are a resident of California, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow Fictiv to retain and use certain personal information notwithstanding your deletion request. You can learn more about how to submit a data rights request through emailing privacy@fictiv.com. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.

California residents who have an established business relationship with Fictiv may make a written request to Fictiv about whether we have disclosed any personal information to any third parties for the third parties' direct marketing purposes during the prior calendar year. To make such a request, please contact us.

CHILDREN’S PRIVACY

We do not knowingly collect, maintain, or use personal information from children under 13 years of age, and no part of the Site is directed to children under the age of 13.  If you learn that your child has provided us with personal information without your consent, you may contact us.  If we learn that we have collected any personal information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

CHANGES AND UPDATES TO THE PRIVACY POLICY

As our company changes from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy, for any reason, without notice to you, other than the posting of the amended Privacy Policy. We may send you an email reminder of our notices and material changes, but you should check our Site frequently to see the current Privacy Policy is in effect and any changes that may have been made to it.

QUESTIONS, CONCERNS, OR COMPLAINTS

Please contact us at:

Fictiv, Inc.
Attn: Legal
Address: 168 Welsh Street, San Francisco, California 94107
Email: privacy@fictiv.com