PRIVACY NOTICE
Last updated January 01, 2020
Thank you for choosing to be
part of our community at Funk You Creative LLC
, doing business as
FYC Labs
("
FYC Labs
", "we",
"us", "our"). We are committed to protecting your personal information and your
right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to
your personal information, please contact us at info@fyclabs.com .
When you
visit our website https://fyclabs.com (the "Website"),
and more generally, use any of our services (the "Services", which include the
Website
), we appreciate that you are
trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to
explain to you in the clearest way possible what information we collect, how we use it and what rights you have in
relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms
in this privacy notice that you do not agree with, please discontinue use of our Services
immediately.
This privacy notice applies to all information
collected through our Services (which, as described above, includes our
Website
), as well as, any related services,
sales, marketing or events.
Please read this privacy notice
carefully as it will help you understand what we do with the information that we
collect.
TABLE OF
CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
Information automatically collected
In Short:
Some information — such as your Internet Protocol (IP) address and/or browser and device
characteristics — is collected automatically when you visit our
Website
.
We automatically collect
certain information when you visit, use or navigate the
Website
. This information does not reveal your specific identity (like your name or contact information)
but may include device and usage information, such as your IP address, browser and device characteristics,
operating system, language preferences, referring URLs, device name, country, location, information about how and
when you use our
Website
and other technical information. This information is primarily needed to maintain the security and
operation of our
Website
, and for our internal analytics and reporting purposes.
Like many businesses, we also
collect information through cookies and similar technologies.
The information we collect
includes:
- Log and Usage Data.
Log and usage data is service-related, diagnostic, usage and performance information our servers automatically
collect when you access or use our
Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
- Device Data. We
collect device data such as information about your computer, phone, tablet or other device you use to access the
Website . Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
2. HOW DO WE USE YOUR
INFORMATION?
In Short: We process your information for purposes
based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal
obligations, and/or your consent.
We use personal information
collected via our
Website
for a variety of business purposes described below. We process your personal information for these
purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you,
with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds
we rely on next to each purpose listed below.
We use the information we
collect or receive:
- To facilitate account
creation and logon process. If you choose to link your account with us to a third-party account (such
as your Google or Facebook account), we use the information you allowed us to collect from those third parties to
facilitate account creation and logon process for the performance of the contract.
See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS" for further information.
- To post
testimonials. We post testimonials on our
Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at justin@fyclabs.com and be sure to include your name, testimonial location, and contact information.
- Request feedback.
We may use your information to request feedback and to contact you about your use of our
Website .
- To enable
user-to-user communications. We may use your information in order to enable user-to-user communications
with each user's consent.
- To manage user
accounts. We may use your information for the purposes of managing our account and keeping it in
working order.
- To send
administrative information to you. We may use your personal information to send you product, service
and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our
Services. We may use your information as part of our efforts to keep our
Website safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms,
conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection
with our contract.
- To respond to legal requests and
prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold
to determine how to respond.
- Fulfill and manage your orders.
We may use your information to fulfill and manage your orders, payments, returns, and exchanges made
through the
Website
- Administer prize draws and
competitions. We may use your information to administer prize draws and competitions when you elect to
participate in our competitions.
- To deliver and facilitate delivery of
services to the user. We may use your information to provide you with the requested service.
- To respond to user inquiries/offer
support to users. We may use your information to respond to your inquiries and solve any potential
issues you might have with the use of our Services.\
- To send you marketing
and promotional communications. We and/or our third-party marketing partners may use the personal
information you send to us for our marketing purposes, if this is in accordance with your marketing preferences.
For example, when expressing an interest in obtaining information about us or our
Website , subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
- Deliver targeted
advertising to you. We may use your information to develop
and display personalized content and advertising (and work with third parties who do so) tailored to your
interests and/or location and to measure its effectiveness.
In
Short: We only share information with your consent, to comply with laws, to provide you with
services, to protect your rights, or to fulfill business obligations.
We may process or share your
data that we hold based on the following legal basis:
- Consent: We
may process your data if you have given us specific consent to use your personal information for a specific
purpose.
- Legitimate
Interests: We may process your data when it is reasonably necessary to achieve our legitimate business
interests.
- Performance of a
Contract: Where we have entered into a contract with you, we may process your personal information to
fulfill the terms of our contract.
- Legal
Obligations: We may disclose your information where we are legally required to do so in order to
comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as
in response to a court order or a subpoena (including in response to public authorities to meet national
security or law enforcement requirements).
- Vital
Interests: We may disclose your information where we believe it is necessary to investigate, prevent,
or take action regarding potential violations of our policies, suspected fraud, situations involving potential
threats to the safety of any person and illegal activities, or as evidence in litigation in which we are
involved.
More specifically, we may
need to process your data or share your personal information in the following situations:
- Business Transfers. We may share or transfer your 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.
In Short:
We may use cookies and other tracking technologies to collect and store your
information.
We may use cookies and
similar tracking technologies (like web beacons and pixels) to access or store information. Specific
information about how we use such technologies and how you can refuse certain cookies is set out in our
Cookie Notice
.
In Short:
If you choose to register or log in to our services using a social media account, we may
have access to certain information about you.
Our
Website
offers you the ability to register
and login using your third-party social media account details (like your Facebook or Twitter logins). Where
you choose to do this, we will receive certain profile information about you from your social media
provider. The profile Information we receive may vary depending on the social media provider concerned, but
will often include your name, email address, friends list, profile picture as well as other information you
choose to make public on such social media platform.
We will use the
information we receive only for the purposes that are described in this privacy notice or that are
otherwise made clear to you on the relevant
Website
. Please note that we do not control, and
are not responsible for, other uses of your personal information by your third-party social media provider.
We recommend that you review their privacy notice to understand how they collect, use and share your
personal information, and how you can set your privacy preferences on their sites and apps.
6. IS YOUR INFORMATION
TRANSFERRED INTERNATIONALLY?
In Short:
We may transfer, store, and process your information in countries other than your
own.
Our servers are located
in
. If you are accessing our
Website
from outside
, please be aware that your information may be transferred to, stored, and processed
by us in our facilities and by those third parties with whom we may share your personal information (see
"WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above),
in
and other countries.
If you are a resident
in the European Economic Area, then these countries may not necessarily have data protection laws or other
similar laws as comprehensive as those in your country. We will however take all necessary measures to
protect your personal information in accordance with this privacy notice and applicable law.
7. HOW LONG DO WE KEEP YOUR
INFORMATION?
In Short:
We keep your information for as long as necessary to fulfill the purposes outlined in
this privacy notice unless otherwise required by law.
We will only keep your
personal information for as long as it is necessary for the purposes set out in this privacy notice, unless
a longer retention period is required or permitted by law (such as tax, accounting or other legal
requirements). No purpose in this notice will require us keeping your personal information for longer than
the period of time in which users have an account with us
.
When we have no ongoing
legitimate business need to process your personal information, we will either delete or anonymize such
information, or, if this is not possible (for example, because your personal information has been stored in
backup archives), then we will securely store your personal information and isolate it from any further
processing until deletion is possible.
8. HOW DO WE KEEP YOUR
INFORMATION SAFE?
In Short:
We aim to protect your personal information through a system of organizational and
technical security measures.
We have implemented
appropriate technical and organizational security measures designed to protect the security of any personal
information we process. However, despite our safeguards and efforts to secure your information, no
electronic transmission over the Internet or information storage technology can be guaranteed to be 100%
secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties
will not be able to defeat our security, and improperly collect, access, steal, or modify your information.
Although we will do our best to protect your personal information, transmission of personal information to
and from our
Website
is at your own risk. You should only access
the
Website
within a secure environment.
9. WHAT ARE YOUR PRIVACY
RIGHTS?
In
Short:
You may review, change, or terminate your account at any time.
If you are a resident
in the European Economic Area and you believe we are unlawfully processing your personal information, you
also have the right to complain to your local data protection supervisory authority. You can find their
contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident
in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions
or comments about your privacy rights, you may email us at
info@fyclabs.com
.
Account Information
If you would at any
time like to review or change the information in your account or terminate your account, you can:
-
Contact us using the contact information provided.
Upon your request to
terminate your account, we will deactivate or delete your account and information from our active
databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems,
assist with any investigations, enforce our Terms of Use and/or comply with applicable legal
requirements.
Cookies and
similar technologies: Most Web browsers are set to accept cookies by default. If you prefer,
you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove
cookies or reject cookies, this could affect certain features or services of our
Website
. To opt-out of
interest-based advertising by advertisers on our
Website
visit http://www.aboutads.info/choices/.
Opting out
of email marketing: You can unsubscribe from our marketing email list at any time by
clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided
below. You will then be removed from the marketing email list — however, we may still communicate with you,
for example to send you service-related emails that are necessary for the administration and use of your
account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you
may:
-
Contact us using the contact information provided.
10. CONTROLS FOR DO-NOT-TRACK
FEATURES
Most web browsers and
some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you
can activate to signal your privacy preference not to have data about your online browsing activities
monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT
signals has been finalized. As such, we do not currently respond to DNT browser signals or any other
mechanism that automatically communicates your choice not to be tracked online. If a standard for online
tracking is adopted that we must follow in the future, we will inform you about that practice in a revised
version of this privacy notice.
11. DO CALIFORNIA RESIDENTS HAVE
SPECIFIC PRIVACY RIGHTS?
In Short:
Yes, if you are a resident of California, you are granted specific rights regarding
access to your personal information.
California Civil Code
Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to
request and obtain from us, once a year and free of charge, information about categories of personal
information (if any) we disclosed to third parties for direct marketing purposes and the names and
addresses of all third parties with which we shared personal information in the immediately preceding
calendar year. If you are a California resident and would like to make such a request, please submit your
request in writing to us using the contact information provided below.
If you are under 18
years of age, reside in California, and have a registered account with
the Website
, you have the right to request removal of unwanted
data that you publicly post on the
Website
. To request removal of such data, please contact us
using the contact information provided below, and include the email address associated with your account
and a statement that you reside in California. We will make sure the data is not publicly displayed on the
Website
, but please be aware that the data may not be
completely or comprehensively removed from all our systems (e.g. backups, etc.).
12. DO WE MAKE UPDATES TO THIS
NOTICE?
In Short:
Yes, we will update this notice as necessary to stay compliant with relevant
laws.
We may update this
privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and
the updated version will be effective as soon as it is accessible. If we make material changes to this
privacy notice, we may notify you either by prominently posting a notice of such changes or by directly
sending you a notification. We encourage you to review this privacy notice frequently to be informed of how
we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT
THIS NOTICE?
If you have questions
or comments about this notice, you may
contact our Data Protection Officer (DPO),
Justin Fortier
, by email at
justin@fyclabs.com
, by phone at 6195123865 ,
or by post to:
14. HOW CAN YOU REVIEW, UPDATE,
OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable
laws of your country, you may have the right to request access to the personal information we collect from
you, change that information, or delete it in some circumstances. To request to review, update, or delete
your personal information, please submit a request form by clicking
here
. We will respond to your request within 30
days.
This privacy policy was created
using Termly’s Privacy Policy Generator.