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Privacy Policy

Effective date: 08/01/2019

We at Fleek LLC (Fleek,” “we” and “us”) know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

 

Remember that your use of Fleek’s Services is at all times subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

 

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services.

 

As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at support@fleek.co.

 

Will Fleek ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the Services, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

 

What Information does Fleek Collect?

Information You Provide to Us:

 

– First and last name

 

– Email address

 

– Credit/debit card information

 

– Third-party account credentials (for example, your log-in credentials for GitHub)

 

Certain information may be required to register with us or to take advantage of some of our features.

 

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by contacting us at support@fleek.co.

 

Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your geolocation data, device identification, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

 

Will Fleek Share Any of the Personal Information it Receives?

We may share your Personal Information with third parties as described in this section:

 

Analytics: We may use third party analytics service providers, such as Google Analytics for our business purposes, including but not limited to improving and developing our Services, monitoring and analyzing use of our Services, and increasing the functionality and user-friendliness of our Services. Google Analytics may collect and retain some information about you by planting a persistent cookie or identifier on your web browser or device. You may opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/. Google’s ability to use and share information collected by Google Analytics about your use of the Services is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. You may find additional information about Google’s ability to use and share information collected by Google Analytics by visiting http://www.google.com/policies/privacy/partners/.

 

Protection of Fleek and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with applicable law or court order or respond to valid legal process, including from law enforcement or other government agencies; enforce or apply our Terms of Use and other agreements; prevent spam or other unwanted communications and investigate or protect against fraud; protect the rights, property, or safety of Fleek, our employees, our users, or others; or maintain the security of our products and services.

 

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

 

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

 

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

 

– First and last name

 

– Email address

 

– Credit/debit card information

 

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at support@fleek.co.

 

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

 

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by emailing support@fleek.co. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

 

EU Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

 

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. Fleek will be the controller of your Personal Data processed in connection with the Services.

 

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at support@fleek.co.

 

What Personal Data Do We Collect From You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Services. For more information, please refer to “What Information does Fleek Collect?”

 

How Do We Use Your Personal Data? We process Personal Data to operate, improve, understand and personalize our Services. For example, we use Personal Data to:

 

– Create and manage user profiles

 

– Communicate with you about the Services

 

– Process order

 

– Contact you about Service announcements, updates or offers

 

– Provide support and assistance for the Services

 

– Personalize website content and communications based on your preferences

 

– Meet contract or legal obligations

 

– Respond to user inquiries

 

– Fulfill user requests

 

– Comply with our legal or contractual obligations

 

– Resolve disputes

 

– Protect against or deter fraudulent, illegal or harmful actions

 

– Enforce our Terms of Service

 

We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

 

– Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Use with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

 

* Your full name

 

* Your email address

– Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

 

* Your phone number

 

* Your IP address

 

Examples of these legitimate interests include:

 

* Operation and improvement of our business, products and services

 

* Marketing of our products and services

 

* Provision of customer support

 

* Protection from fraud or security threats

 

* Compliance with legal obligations

 

– Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.

 

– Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

 

How and With Whom Do We Share Your Data? We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

 

– Payment processors

 

– Fraud prevention service providers

 

– Analytics service providers

 

– Hosting service providers

 

– Telecommunications service providers

 

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

 

– Payment processors

 

– Fraud prevention service providers

 

– Analytics service providers

 

– Hosting service providers

 

– Telecommunications service providers

 

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:

 

– Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Services)

 

– Third party business partners who you access through the Services

 

– Other parties authorized by you

 

We also share information with third parties when you have given us consent to do so (as indicated at the point such information is collected).

 

We also share Personal Data when we believe it is necessary to:

– Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies

 

– Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud

 

– Maintain the security of our products and services

 

How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us and for 6 months after you close your account. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

 

What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity. For example, at any point a user can delete his account and remove their associated information from our database.

 

Personal Data of Children: As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at support@fleek.co.

 

What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email support@fleek.co. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

 

– Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.

 

– Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by updating your user profile.

 

– Erasure: You can request that we erase some or all of your Personal Data from our systems.

 

– Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.

 

– Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

 

– Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

 

– Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

 

– Right to File Complaint: You have the right to lodge a complaint about Fleek’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.

 

Do we transfer EU Users’ Personal Data Outside the EU?

The Services are hosted and operated in the United States (“U.S.”) through Fleek and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Fleek in the U.S. and will be hosted on U.S. servers, and you authorize Fleek to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.

 

Fleek is committed to the following principles regarding the collection and use of Personal Information transferred from the EU: (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Information received from within the EU the “Principles”. The Principles require that we remain potentially liable if any third party processing Personal Information on our behalf fails to comply with these Principles (except to the extent we are not responsible for the event giving rise to any alleged damage).

 

Please contact us at support@fleek.co with any questions or concerns relating to [our privacy practices].

 

What if I have questions about this Privacy Policy?

If you have any questions or concerns regarding our Privacy Policy, please send us a detailed message to support@fleek.co, and we will try to resolve your concerns.

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