PRIVACY STATEMENT OF FIG SOCIAL, LLC

Effective as of 6/24/2019


Fig Social, L.L.C. (“fig social, llc.”) and it’s patent-pending mobile software product, SocialGuard.io, recognizes that privacy is important to you. fig social, llc. wants you to know how it collects, protects, uses, and discloses information about you. This Privacy Statement describes the privacy practices of fig social, llc. for information that we collect:

–through our website, ​https://www.fig.social or https://www.socialguard.io (“the Website”), operated by fig social, llc. from which you are accessing this Privacy Statement

–through the software applications made available by fig social, llc. for use on or through computers and mobile devices (“Apps”)

–through our social media pages that fig social, llc. controls from which you are accessing this Privacy Statement (collectively, our “Social Media Pages”)

–through HTML-formatted email messages that we send you that link to this Privacy Statement and through your communications with fig social, llc.

–through offline interactions with fig social, llc.

Collectively, fig social, llc.’s Website, the Apps, and its Social Media Pages are “Online Services.” The “Online Services” together with offline channels of interaction are collectively referred to as “the Services.” By using the Services, you agree and consent to the Terms and Conditions of this Privacy Statement.

This Privacy Statement does not address, and fig social, llc. is not responsible for, the privacy practices associated with the websites or services of any third parties to which you may hyperlink from the Services. fig social, llc.’s Website provides links to other websites and third parties for your convenience only. fig social, llc. is not responsible for the privacy practices or content of non-fig social, llc. websites or services to which you may hyperlink. fig social, llc. has no control over, and are not responsible for, any third party’s collection, use, and/or disclosure of your Personally Identifiable Information. Moreover, fig social, llc. is not responsible for the collection, security, use, and disclosure of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other app developer or provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, with respect to information you disclose about you through the Apps or fig social, llc.’s Social Media Pages. fig social, llc. encourages you to review the privacy practices of linked websites and other services to understand how they collect, use, and disclose information.

This Privacy Statement explains fig social, llc.’s privacy practices. The following shall not, however, be construed as a contractual promise, and fig social, llc. reserves the right to amend it at any time without notice and at its sole discretion. Any changes will become effective when we post the revised Privacy Statement on the Website. Your use of the Services following these changes means that you accept the revised Privacy Statement.

Any information that is collected via the Services is covered by the Privacy Statement in effect at the time such information was collected. If we make any material changes to this Privacy Statement, including any change that we propose that will have retroactive effect, we will notify you of those changes by posting them on the Website, and we will revise the “Effective as of” date above to indicate when those changes were made.

COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION

“Personally Identifiable Information,” as described in U.S. privacy law, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.

“Personal Data,” as described in Europe’s General Data Protection Regulation (GDPR) is “any information relating to an identified or identifiable data subject.”

Collectively, Personally Identifiable Information and Personal Data are referred to in this Privacy Statement as “Personally Identifiable Information.”

Examples of Personally Identifiable Information that fig social, llc. collects are as follows:

Name, spouse’s name (if applicable), names and ages of your children, and if 19 or older, whether he/she is a full-time student (if applicable)

Address

Telephone number

Email address

Date of birth

Gender

fig social, llc. membership number (if applicable)

Last four digits of your credit card number, its security code, and its expiration date

Cookie ID

IP address

If you submit any Personally Identifiable Information about people other than yourself, you represent that you have the authority to do so, and you permit fig social, llc. to use the information in accordance with this Privacy Statement.

HOW fig social, llc. COLLECTS PERSONALLY IDENTIFIABLE INFORMATION

fig social, llc. collects Personally Identifiable Information in a variety of ways:

Online Services: fig social, llc. collects Personally Identifiable Information when you request services or apply for Membership on our Website or communicate or otherwise connect with fig social, llc. such as by emailing us; filling out the Contact form; talking with us via our online chat services; posting to Social Media Pages; signing up for an e-Newsletter, special offers, or renewal reminder emails; or participating in a survey, contest, or promotional offer.

Cookies. ​fig social, llc. collects certain data from cookies, which are pieces of data stored directly on the computer or mobile device that you are using. Cookies allow fig social, llc. to collect data such as browser type, time spent on the Online Services, pages visited, referring URL, language preferences, and other aggregated traffic data. We use the data for security purposes, to facilitate navigation, to display data more effectively, to collect statistical data, to personalize your experience while using the Online Services, and to recognize your computer to assist your use of the Online Services. We also gather statistical data about the use of the Online Services to continually improve design and functionality, understand how they are used, and to assist us with resolving questions. Cookies also allow us to select which advertisements or offers are most likely to appeal to you and display them while you are using the Online Services or to send marketing emails. We also use cookies to track responses to online advertisements and marketing emails.

You can choose whether to accept cookies by changing the settings on your browser or by managing your tracking preferences. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Online Services. For example, we will not be able to recognize your computer, and you will need to log in every time you visit. You also will not receive advertising or other offers from us that are relevant to your interests and needs.

Like many other websites and online services, we do not currently alter our practices when we receive “Do Not Track” signals.

Your IP Address: We collect your IP address, a number that is automatically assigned to the computer that you are suing by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files when a user accesses the Online Services, along with the time of the visit and the pages that were visited. We use IP addresses to calculate usage levels, diagnose server problems, and administer the Online Services. We also may derive your approximate location from your IP address.

Offline Interaction: fig social, llc. collects Personally Identifiable Information when you or someone on your behalf calls us on the telephone; when you or someone on your behalf sends us a facsimile; when you send us Personally Identifiable Information through the mail; or when you or someone on your behalf interacts in person with a fig social, llc. representative.

Membership Service Center: fig social, llc. collects Personally Identifiable Information over the telephone when you or someone on your behalf calls fig social, llc.

Third-Party Vendors: fig social, llc. collects Personally Identifiable Information from companies to which we may pay a commission for their services.

Authorized Licensees: fig social, llc. collects Personally Identifiable Information when we enter into a license or similar agreement to sell goods and services under a fig social, llc. brand…

Strategic Business Partners: fig social, llc. collects Personally Identifiable Information from companies with which we partner to provide you with goods, services, or offers based on your experiences or that we believe will be of interest to you.

Other Sources: fig social, llc. collects Personally Identifiable Information from other sources, such as public databases, joint marketing partners, and other third-parties.

COLLECTION OF OTHER DATA

Information that does not reveal your specific identity or that does not relate to a specific individual is referred to generally in U.S. and in European privacy law as “other data.” In this Privacy Statement, such information shall also be referred to collectively as “Other Data.” Other Data includes the following:

Browser and electronic device data

Data collected through cookies, pixels, and other technologies

Demographic data and other data provided by you

Aggregated data

HOW fig social, llc. COLLECTS OTHER DATA

fig social, llc. collects Other Data in a variety of ways:

Your browser or electronic device. We collect certain data through your browser or automatically through your electronic device such as your Media Access Control (MAC) address, screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version, and the name and version of the Online Service (such as the Apps) you are using. We use this data to ensure that the Online Services function properly.

Pixel Tags and other similar technologies. We collect data from pixel tags, which are used with some Online Services to, among other things, track the actions of users of the Online Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Online Services.

Analytics. We collect data through Google Analytics, ADARA, and CrazyEgg, which use cookies and technologies to collect and analyze data about use of the Online Services. These services collect data regarding the use of other websites, apps, and online resources.

Aggregated Data. We may aggregate data that we collected. This aggregated data will not personally identify you or any other user.

USE OF PERSONALLY IDENTIFIABLE INFORMATION AND OF OTHER DATA

We use Personally Identifiable Information and Other Data to provide you with the Services, to develop new offerings, and to protect fig social, llc. and our members as described in this Privacy Statement. In some instances, we will request that you provide Personally Identifiable Information or Other Data directly to fig social, llc.. If you do not provide the information we request, or prohibit us from collecting such data, we may not be able to provide the requested Services.

We use Personally Identifiable Information and Other Data for our legitimate business interests including the following:

To provide you with the Services you request. We use Personally Identifiable Information and Other Data to provide Services you request including registering you to become a member, renewing your membership, and arranging social media account services.

To manage our contractual relationship with you. We use Personally Identifiable Information and Other Data ​to manage our contractual relationship with you because fig social, llc. has a legitimate interest to do so and/or to comply with a legal obligation. More specifically:

To personalize the Services according to your preferences. We use Personally Identifiable Information and Other Data to personalize the Services and to improve your experience by customizing your experience according to your personal preferences and by presenting offers tailored to your personal preferences.

To communicate with you about services according to your personal preferences. We use Personally Identifiable Information and Other Data to send you marketing communications and promotional offers as well as periodic customer satisfaction, market research, or quality assurance surveys.

Business Purposes. We use Personally Identifiable Information and Other Data for data analysis; audits; security; developing new services; enhancing, improving, and/or modifying our Services; identifying usage trends; determining the effectiveness of our promotional campaigns; and operating and expanding our business activities.

RIGHT TO WITHDRAW YOUR CONSENT

If you have given fig social, llc. consent in relation to particular processing or activities, you can withdraw your consent at any time by contacting us as indicated herein.

DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION AND OTHER DATA

We do not rent or sell your Personally Identifiable Information or Other Data.

fig social, llc.’s goal is to provide you with the Services, and to do so, we share your Personally Identifiable Information and Other Data with the following:

Service Providers: fig social, llc. discloses Personally Identifiable Information and Other Data to third-party service providers for the purposes described in this Privacy Statement. Examples of service providers include Customer Relationship Management technology platforms, cloud-based data storage and companies that provide data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, marketing, auditing, and other services.

Strategic Business Partners: fig social, llc. discloses Personally Identifiable Information and Other Data to strategic business partners who provide goods, services, and offers that enhance your experience or that we believe will be of interest to you. By sharing such information and data with the strategic business partners, fig social, llc. is able to make personalized services and unique experiences available to you.

Corporate Reorganization: fig social, llc. may disclose or transfer your Personally Identifiable Information and Other Data to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all of any portion of fig social, llc., assets, or stock (including bankruptcy or similar proceedings).

Advertisers’ and Other Third Parties’ Use of Cookies: Advertisers and third parties that deliver ads to you on the Website may place or recognize a unique cookie on your hard drive. These types of non-fig social, llc. cookies are known as “third-party cookies.” Advertisers and third-party advertising partners may use third-party coolies in order to collect information about you, which may include how many times you have seen their ads or whether you have interacted with an ad. They may also use third-party cookies to provide you with interest-based advertising. Most major web browsers provide uses with the option to accept or to reject third-party cookies. The use of third-party cookies is not covered by this Privacy Statement.

OTHER USES AND DISCLOSURES

fig social, llc. will use and disclose Personally Identifiable Information as we believe necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence;

to comply with legal process; (c) to respond to requests from public and government authorities, including authorities outside your country of residence, and to meet national security or law enforcement requirements; (d) to enforce our Rules and Regulations; (e) to protect our operations; (f) to protect the rights, privacy, safety, or property of fig social, llc., you, or others; (g) to allow fig social, llc. to pursue available remedies or limit the damages we may sustain.

fig social, llc. may use and disclose Other Data for any purpose, except where not allowed under applicable law. We may combine Other Data with Personally Identifiable Information in some instances (such as your name with your location), and if we do, fig social, llc. will treat this combined information as Personally Identifiable Information for as long as it is combined.

CHOICES AND ACCESS

You have choices when it comes to how we use your Personally Identifiable Information. fig social, llc. wants to ensure that you have the information necessary to make the choices that are right for you.

If you no longer want to receive the e-Newsletter or marketing-related emails, you may opt out by clicking on the “update subscription preferences” link at the bottom of the e-Newsletter or by following the instructions in any such email you receive from fig social, llc.. We will try to comply with your request as soon as reasonably practicable.

If you opt out of receiving marketing emails from us, we may still send you important administrative messages from which you cannot opt out.

HOW YOU CAN REQUEST ACCESS, CHANGE, DELETE, RESTRICT USE OF, OR OBJECT TO PROCESSING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

If you would like to access, change, delete, restrict the use, or object to the processing of your Personally Identifiable Information that you have previously provided to fig social, llc., or if you would like to receive an electronic copy of your Personally Identifiable Information for purposes of transmitting it to another company (to the extent these rights are provided to you by law), please contact fig social, llc. via email [email protected] or by mail as follows:

PRIVACY OFFICER

530 Beacon Parkway West, Suite 500

Birmingham, Alabama 35209

In your request, please state specifically what Personally Identifiable Information you want to access, change, delete, restrict use of, or object to. For your protection, we only fulfill requests for the Personally Identifiable Information associated with the particular email address that you use to send us your request.

For your protection, we may need to verify your identity before fulfilling your request(s). We will try to comply with you request(s) as soon as reasonably practicable and consistent with applicable law.

NOTE: fig social, llc. often needs to retain certain Personally Identifiable Information, Other Data, and/or Protected Health Information for record keeping purposes and/or to complete transactions that you began prior to requesting the change or deletion.

RETENTION

fig social, llc. will retain your Personally Identifiable Information for the period necessary to fulfill the purposes outlined in this Privacy Statement, unless a longer period of time is required or permitted by law. The criteria used to determine the retention periods include the following:

The length of time we have an ongoing relationship with you and provide you with the Services (for example, as long as you are a fig social, llc. member)

Whether there is a legal obligation to which we are subject (for example, certain laws require fig social, llc. to keep records of your membership for a certain period of time before we can delete them)

Whether retention is advisable considering our legal position (such as for statutes of limitations, litigation, or regulatory investigation)

USE OF THE SERVICES BY MINORS

The Services are not directed to individual under the age of 13, and we request that they do not provide to us Personally Identifiable Information through the Services.

The only information collected by us about your child is information that you deliberately provide as his/her parent in order to become a member of fig social, llc. or to renew a fig social, llc. membership. The only information you may be asked to provide is your child’s name and date of birth, and if he/she is 19 or older, whether that child is a full-time student.

SECURITY

fig social, llc. seeks to use reasonable organizational, technical, and administrative measures to protect Personally Identifiable Information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that the security of your account with fig social, llc. has been compromised, please notify fig social, llc. immediately as set forth in the “Contact” section below.

LEGAL NOTICES OF TERMS AND CONDITIONS

The Website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. fig social, llc. makes no warranties or representations as to the accuracy of the content contained on the Website or that the information presented on the Website is current or up-to-date. fig social, llc. does not warrant that the Website will operate or perform in a manner that is uninterrupted or error-free or that the Website or host server will be maintained free of viruses or other harmful code.

Neither fig social, llc. nor any of its employees or agents shall be held liable for any improper or incorrect use of the information described and/or contained in fig social, llc.’s Website and assume no responsibility for anyone’s use of the information.

Under no circumstances, and regardless of legal theory, whether in tort, contract, or otherwise, will fig social, llc. or any of its employees, agents, or affiliates be liable to you or any other party for any direct, indirect, special, incidental, punitive, or consequential damages, however caused, and regardless of character, including, without limitation, any damages arising in any way out of the use of the Website including, but not limited to, those caused by any failure to process an application for enrollment or renewal, the failure to process a credit card payment, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, computer virus, the loss of data from or the failure or malfunctioning of your computer, theft or destruction or unauthorized access to, alteration of, or use of record.

Construction of the disclaimers herein and resolution of all disputes arising out of same are governed exclusively by the laws and by the courts of the State of Alabama. The laws of the State of Alabama shall apply to all uses of this data and the Website.

CONTACT

If you have any questions about our Privacy Statement, please contact fig social, llc. via email [email protected] ​or by mail as follows:

PRIVACY OFFICER

530 Beacon Parkway West, Suite 500

Birmingham, Alabama 35209

Because email communications may not be 100% secure, do not include credit card number, or social security number or any other potential information that could cause a breach to your identity.