Last updated: May 17, 2018
Updated Terms of Service
Welcome to Figure Eight. Thank you for being a part of our community. All users of our website must agree to the following terms (the “Terms of Service”). Please read them carefully. By using or registering for our Services (as defined below) or website, you agree:
Under these Terms of Service, “we” and “us” refers to Figure Eight Technologies, Inc. and its subsidiaries, affiliates, officers, agents, employees, representatives, and agents, and our “website” includes any website under our control, including www.figure-eight.com.
1. Purpose of Figure Eight
Figure Eight provides a platform (the “Figure Eight Platform”) on which an individual (“Contributor”) can choose to perform tasks that a third party entity or Figure Eight itself (each a “TaskAuthor”) posts to the Figure Eight website. TaskAuthors post tasks and invite Contributors to perform them in exchange for rewards provided by Figure Eight. We charge companies and individuals (each a “Customer”) for use of our platform so that they may author tasks, hire us to author tasks, and/or gain access to the Contributors. The foregoing is referred to collectively as the “Services.”
To use our website you must be at least 18 years old and capable of entering into legally binding contracts. Figure Eight is available to U.S. and international users except where prohibited by U.S. or local governing law. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Site or the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at firstname.lastname@example.org.
3. Customers and TaskAuthors
If you are a Customer or TaskAuthor, you agree to the Customer Terms and Conditions in addition to these Terms of Service.
4. Username and Password
You must notify Figure Eight immediately if you suspect that your account information has been stolen or used by someone else, or any other breach of security.
You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.
5. Your Privacy
6. Acceptable Behavior
You are encouraged to interact with other users anywhere on our website, Forum, messaging, chat, and other social media channels controlled by Figure Eight, but if you do so you must comply with our Code of Conduct.
7. Misuse, Abuse, and Misrepresentation
You WILL NOT:
8. Verifying your Identity
Figure Eight may verify your identity. This may include comparing your personal information against third party databases or official legal documents. You authorize us to make any inquiries necessary to confirm your identity, your ownership of your email address, and your ownership of your financial accounts. You agree to provide information about you to assist us in verifying your identity.
9. Compliance with the Law
You alone are responsible for complying with federal, state, provincial, and local laws in connection with your use of our website. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights.
10. Contributor Taxes
If you are a Contributor, you alone are responsible for payment of any estimated or other federal, state, or local income taxes, social security, FICA, and workers’ compensation owed as a result of use of our website, as well as similar taxes or charges in non-U.S. jurisdictions. You agree to indemnify and hold us harmless for any assessments against us because you failed to comply with any tax law.
11. Violation of These Terms of Service
We may suspend, limit, or cancel your access to the Figure Eight website at any time for any reason (except as provided in the Contributor Dispute Resolution section below), including because: (a) we believe you have violated these Terms of Service (including the Code of Conduct and other related policies); (b) we believe you have violated our rights or the rights of any third party; (c) we are unable to verify or authenticate information you have provided to us; or (d) we believe your actions may create liabilities for you, us, or a third party. For the avoidance of doubt, we reserve the right to prevent or suspend payment to you if we reasonably believe that any of the foregoing applies to such payment.
If we suspend or terminate your account, you will no longer have access to any parts of the Figure Eight site, including data, messages, files, and other material you keep on the site. You may NOT continue to use our website under a different or new account name. Violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
12. Contributor’s Role and Relationship with Figure Eight
If you are a Contributor, you and only you decide which and how many tasks to complete, and when and where you complete them. You are free to spend as much or as little time completing tasks as you choose. At no time are you under any obligation to complete a task.
If you are a Contributor who accesses the Services and/or performs tasks through or in connection with a third party entity and/or platform or service (each, a “Channel”), then you agree and acknowledge that Figure Eight has no obligation to pay you directly or to ensure that you receive payment for completed tasks. Figure Eight’s only obligation with respect to your completed tasks is to pay the Channel in accordance with the terms between Figure Eight and the Channel. You agree and acknowledge that it is solely the Channel’s responsibility to ensure that you are compensated for completed tasks in accordance with your agreement with the Channel. Any disputes over such payments (including without limitation failure to receive such payments) are solely between you and the Channel.
Neither your use of our website nor anything in this agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Figure Eight. We do not provide you with any equipment or tools to complete a task. We do not provide you any benefits, workers’ compensation, or insurance coverage. We are not responsible for any expenses you incur in using our website. We will not withhold any amount from your reward for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors.You do not have the authority to enter into any contract, written or oral, on behalf of Figure Eight.
Notwithstanding the foregoing, if you are a U.S. taxpayer we may request from you a W-9, to be updated annually, and we may bar you from performing tasks until you have completed or updated a W-9.
13. Rewards for Completed Tasks
If you are a Contributor, Figure Eight will reward you for acceptable completion of certain tasks. In the event you are found to have engaged in fraud, abuse, or violation of these Terms of Service, any and all rewards to you may be withheld and/or recovered by Figure Eight.
14. Unacceptable Completion of Tasks
If, for any reason, Figure Eight or the TaskAuthor does not accept performance of a task you completed, you as a Contributor will not be entitled to any reward for the task. In the event that rewards were already dispersed to you for an unacceptably completed task, we may recover them from you.
15. Contributor Qualifications and Skills
By performing tasks on our website you may accrue qualifications and skills, which we will grant in our discretion. We reserve the right to create, edit, or revoke your qualifications and skills at any time, for any reason or no reason at all. Because we do not discriminate on the basis of national origin, race, color, gender, sexual orientation, or any other class protected by law, you will have the same opportunity as any other Contributor to achieve access to tasks as your qualifications and skills accumulate. As a Contributor, if you believe that problematic test questions have affected your qualifications, skills, or rewards, you may provide well-supported contentions describing of problematic test questions via the task interface or via a ticket in our support system.
16. Our Use of Information
17. Intellectual Property and Proprietary Rights
You do not have any intellectual property or proprietary right, nor any other right, title, or interest, in our website, our software, our trademarks, logos, domain names, or other brand features, or any other related information or materials, all of which remain ours. No one may use our website except as authorized by us. We reserve the right to withdraw, expand, reduce, or otherwise change the website at any time in our sole discretion. No one shall be entitled to create any links to our website, or frame or mirror any content contained on or accessible through our website.
If you are a Contributor, Figure Eight, and not you, has proprietary rights in any work you produce as part of completing any task. By accepting the terms of this Agreement you agree to (and hereby do) transfer possession, ownership, and title (including all intellectual property rights existing throughout the world) in and to your work to us. To ensure that we are able to acquire, perfect, and use such rights, you further agree to (i) sign any documents to assist in the documentation, perfection and enforcement of our rights; and (ii) provide reasonable access to information for recording, perfecting, securing, defending, and enforcing such proprietary rights in any and all countries. Your obligations under this section will continue even after you deregister from or cease use of Figure Eight. You appoint us as your attorney-in-fact to execute documents on your behalf for the purposes set forth in this section.
18. Copyright and TakeDown
Figure Eight respects the intellectual property of others and we reserve the right to remove from our site any material that we believe may violate the intellectual rights of any third party. If you believe that your own work has been copied in a way that constitutes copyright infringement on this website, please contact Figure Eight customer support.
As a Contributor, you agree to indemnify, defend, and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs), arising from or relating to your performance of tasks or your use of our website.
20. Disputes with Other Figure Eight Users; Release
Figure Eight is not a party to any dispute between you and another Figure Eight user. You release Figure Eight and its affiliates from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with any dispute between you and another user.
21. Confidential Information You Receive
Confidential information is any information that is marked as confidential or proprietary, or which should reasonably be understood by the receiving party to be confidential or proprietary. This does not include any information that is (1) publicly available, (2) already in the possession of, developed independently by, or already known to the receiving party, or (3) has been disclosed by court order or as otherwise required by law.
Whether you are a TaskAuthor, Customer, or Contributor, if you are provided with confidential information from anyone on our website, you agree to protect the secrecy of the confidential information with the same degree of care you use to protect your own confidential information, but in no event with less than due care. You may not disclose or publish any such confidential or proprietary information, except as may be necessary for performance of a task. All information within a job on the Figure Eight platform should be considered as confidential even if the information is not expressly designated as confidential.
If and when you no longer need the confidential information you received, you must promptly return or destroy (as requested by whoever disclosed the information) all copies of the information that exist on the premises, systems, or other equipment you control.
Because disclosing confidential information may cause irreparable harm, the disclosing party is entitled to seek injunctive relief for any breach or threatened breach of this term.
22. Changes to These Terms of Service
We may amend these terms at any time by posting a revised version of them on our website, and you are responsible for checking our website regularly for any such changes. In the event of any such change, you may continue to access or use our site after the revisions become effective, in which case you agree to be bound by the revised Agreement. If you do not agree to any new terms we introduce, please stop using our website.
23. Website Modifications
We may improve or modify our website without notice to you.
24. Third-Party Websites
Our website may contain links to third-party websites. We do not control, investigate, monitor, or check such websites. We are not responsible for nor do we endorse the computer programs, content, or opinions contained on such websites. If you decide to leave our website and access any third-party website, you do so at your own risk.
25. Disclaimer of Warranty
OUR WEBSITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, WITH REGARD TO ACCESSIBILITY, FITNESS, LAWFULNESS, AVAILABILITY, OR FUNCTIONALITY OF OUR WEBSITE, SOFTWARE, THE TASKS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIGURE EIGHT DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST FIGURE EIGHT WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS TO CEASE USE OF OUR WEBSITE. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the website or Figure Eight software. Scheduled and unscheduled interruptions may occur, and we do not warrant uninterrupted availability of our website.
26. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF Figure Eight FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,500; AND (B) ANY Figure Eight FEES RETAINED BY Figure Eight WITH RESPECT TO TASKS POSTED BY A TASK TASKAUTHOR DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
27. Contributor Dispute Resolution
If you are a Contributor, you agree to the following arbitration clause and class action waiver:
28. Applicable Law
The laws of the State of California govern these Terms of Service and any controversy, dispute, or claim arising from them.
You may choose at any time to cease using our website, provided that you must abide by all applicable Figure Eight policies. We may, in our sole discretion, terminate this agreement, suspend access to our website, or remove any services immediately without notice for any reason.
30. General Terms
Last updated: May 17, 2018
Capitalized terms not defined in these Terms and Conditions are defined in the Order Form.
Services and Support. Figure Eight will use commercially reasonable efforts to provide the Services to you. We will also use commercially reasonable efforts to provide you with technical support services for our website and software, according to our standard practice, via telephone or internet.
You will choose an administrative user name and password for your Figure Eight account. You may use the administrative user name and password to create subaccounts for additional users, each with a unique user name and password. Each additional user is bound to the terms of this Agreement. Figure Eight reserves the right to refuse registration of or cancel user names and/or passwords for any reason.
You may be required to integrate your website, application, or platform with our Services via our application programming interface (“API”), available here. In the event that you do so, we grant you a limited, nonexclusive, nontransferable, nonassignable, revocable license to use the API solely to access the Services. We may modify the API and/or cease support of old versions or releases of the API at any time. We reserve the right to suspend or limit your access to the API in our sole discretion, and we will use reasonable efforts to provide you notice prior to suspension.
Figure Eight owns all rights, including intellectual property rights, in the source code, object code or underlying structure, ideas or algorithms, API, and any additional software, documentation or data related to the Services (“Software”). You will not, directly or indirectly, via a third party or otherwise: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the Software; (b) modify, translate, or create derivative works based on any Software; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to any Software; (d) use any Software for timesharing, service bureau purposes, or otherwise for the benefit of a third party; or (e) remove any proprietary notices or labels.
You are responsible for obtaining and maintaining any equipment and ancillary services you use to connect to, access, or otherwise use our Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, and long distance and local telephone service. You are responsible for ensuring that such equipment is compatible with the Services and complies with any configurations and specifications described on our website or on the Order Form. You are also responsible for maintaining the security of your equipment, and for any use of your Figure Eight account through that equipment, even if used without your knowledge or consent.
You agree to Figure Eight’s Code of Conduct, and furthermore, that you will not discriminate against any user of the Figure Eight website based on national origin, race, color, gender, sexual orientation, or any other class protected by law when accepting or rejecting performance of a task, in communication related to performance of a task, or otherwise.
You agree to all terms governing confidentiality in the Figure Eight Master Terms of Service. Notwithstanding anything to the contrary in this Agreement, Figure Eight may internally use any Customer Data and any data and information we collect relating to the Services for development, diagnostic, and corrective purposes. We may use your name and logo(s) in our marketing materials in a non-disparaging manner.
You acknowledge our warranty and disclaimer in the Figure Eight Master Terms of Service.
You acknowledge the Limitation of Liability in the Figure Eight Master Terms of Service.
You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated Figure Eight’s intellectual property rights, we may seek injunctive or other appropriate relief in any proper state or federal court, and you consent to exclusive venue and jurisdiction in those courts. Arbitration under this agreement will be conducted under the rules of the American Arbitration Association or by a mutually agreed upon arbitration service. The arbitrator will be selected from a list of no less than seven (7) names through alternative strikes. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service will be joined with an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. You waive your right to take part in any class or collective action arising from this agreement.
You agree to all of the General Terms in the Figure Eight Master Terms of Service. You further agree that we are not legal partners with you, and nothing in this Agreement establishes an agency, partnership, joint venture, or employment relationship between you and Figure Eight. Neither party has any authority to bind the other party in any respect whatsoever. Neither party will be liable to the other to the extent performance is delayed or prevented by revolution or other civil disorders, wars, strikes, labor disputes, electrical equipment or availability failure, fires, floods, acts of God, government action, or any other causes not within its control and which it is unable to prevent by reasonable diligence. This Agreement may be executed simultaneously in any number of counterparts, each of which will be deemed an original, but all of which together constitute one and the same Agreement. Facsimile signatures are valid signatures for enforcement of this Agreement.
Last updated: May 17, 2018
1. Respect the Community
You must respect anyone you interact with on our website or on any social media channel associated with Figure Eight, including any Contributor, TaskAuthor, Figure Eight employee, partner, Customer, or other Figure Eight user.
2. Be Polite
You have the right to express yourself without offending other users. When communicating with others, especially if in a dispute over a task, use clear, calm, and polite language.
3. Keep it Clean
You must refrain from using obscene, foul, inappropriate, or offensive language, images, or communication.
4. Be Honest
Do not misrepresent facts or your identity to others.
5. Don’t be Prejudiced
You may not discriminate against or harass any member of the community based on race, color, national origin, religion, gender, sexual orientation or any other class that is protected by federal, state or local law.
6. Don’t Harass
Do not threaten, falsely accuse, or intimidate any member of the Figure Eight community. Do not violate the rights of anyone on or associated with our website, including engaging in fraud or defamation against them.
Effective starting: May 25, 2018
Table of Contents
Thank you for using Figure Eight!
1. WHAT IS PERSONAL INFORMATION?
2. WHAT TYPE OF INFORMATION DO WE COLLECT?
There are three types of information we collect.
2.1 Information You Give to Us
2.1.1 Active Collection by Figure Eight:
We collect information you voluntarily provide when you use the Site or the Services, such as when you:
The information we collect may include:
This information may be collected from you either directly or indirectly through a third party site that you use to connect to the Site, or through a third party acting on the behalf of Figure Eight.
2.2 Information We Automatically Collect
2.2.1 Passive Collection by Figure Eight
When you use the Site or the Services, some information may also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Site. We use your IP address, your ISP, and/or country preference in order to approximate your location to provide you with a better Services experience. How much of this information we collect depends on the type and settings of the device you use to access the Services. We treat this information as personal information if we combine it with or link it to your account information, or any of the identifying information mentioned in Section 2.1 above. Otherwise, it is used in the aggregate only.
We may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us improve our Site and our Services and analyze trends and user activity. If we link cookies to any personally identifying information, we will treat this information as personal information.
How can you opt-out?
2.2.3 Web Beacons
We may use Web beacons (also known as clear GIFs or Web bugs) or similar technology on the Site or in emails. Web beacons are small, invisible graphic images that may be used to collect certain information and monitor user activity. Web beacons allow us to count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon. You can choose to opt-out of web beacons by not accepting or blocking cookies.
2.3 Information We Collect from Third Parties
We receive information about you and your activities on and off the Services from third-party partners, such as channel partners, advertising and market research partners who provide us with information about your interest in and engagement with our Services and online advertisements.
2.3.1 Figure Eight Partners
We work with partners to provide other services around our products. Some of these partners also help us to market and promote our products and services, generate leads for us, and resell our products. We receive information from these partners, such as technical contact information, company name, what Figure Eight products and services you may be interested in, evaluation information you have provided, what events you have attended, and what country you are in.
2.3.2 Third Party Collection
We partner with third-party ad networks to manage our advertising on other sites. We may use third parties to serve ads on the Sites or other websites. We may also use third parties that place cookies, Web beacons or analytics technologies on our Sites and Services. This enables them to automatically collect non-personal information about you and your activities on the Site, or when you visit our Sites from other websites, leave our Sites to other websites, and to help us deliver targeted content and advertising on this or other websites.
2.3.3 Connecting Through Third-Party Sites
If you connect to a Figure Eight Site or Services through third party websites, services and applications, such as Facebook (“Third Party Services”), certain information regarding your actions on this Site or through the Services may be automatically shared with the connected Third Party Services. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those Third Party Services, nor can we take responsibility for any additional information you provide directly to any Third Party Services.
We encourage you to carefully review the privacy policies of any Third Party Services before disclosing information directly to any such parties.
2.3.4 Personal Information of Children
We do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, 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 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at insert means.
3. HOW WE USE THE PERSONAL INFORMATION WE COLLECT
We collect and use personal information for the following purposes:
3.1 Providing Service
Enable Figure Eight to provide and facilitate the tasks, services, products, features or information users request or offer and to process and complete transactions.
3.2 Customer support
We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Site and Services.
Enable Figure Eight to contact users, to respond to emails, submissions, questions, comments, requests, and complaints, and to notify and contact contest and sweepstakes entrants.
Enable Figure Eight to request feedback and to otherwise contact users about use of the Site and the Service and about Figure Eight tasks, products, and services.
3.5 Analysis and Customization
Enable Figure Eight to analyze and gather information regarding user activities on our Sites and Services, to monitor and analyze site usage and trends, user behavior, preferences and performance, to personalize and improve the Site and Services and our users’ experiences on the Site, and to provide ads, content, or features that match user profiles or interests.
Enable Figure Eight to provide users with news and information about both our own and third-party tasks, and about events, activities, offers, promotions, products, services, features and enhancements we think will be of interest to such users.
3.7 Administrative Use
Enable Figure Eight to send confirmations, updates, security alerts, administrative messages and other account or profile related information, to provide service and technical support, and to otherwise facilitate the use, administration and operation of our Site and our Services.
Enable Figure Eight to enforce our Terms of Service, verify accounts and activities, to monitor and detect suspicious or fraudulent activity, spam, security incidents, and to protect the rights, property, or safety of Figure Eight, our users, our employees, third parties or the public.
3.9 Create and Maintain a Trusted and Safer Environment
Enable Figure Eight to detect and prevent fraud, to conduct security investigations and risk assessments, to verify or authenticate information or identifications provided by you (such as to verify your Tax ID, compare your proof of identification photo to another form of identification, or another photo you provide), all of which would help us to create and maintain a trusted and safer environment for our Site and our Services.
Any other purpose for which the information was collected and you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
4. WHAT PERSONAL INFORMATION DO WE SHARE WITH THIRD PARTIES?
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Figure Eight account information or when you participate in promotional activities, conferences, contests, sweepstakes, as conducted by Figure Eight, our partners or third parties.
4.2 Service Providers
4.3 Aggregated Information
We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to third parties, for example, in public reports about the numbers of tasks or judgments completed by country or by languages on the Figure Eight platform, to customers or partners under agreement with us.
4.4 To Protect Our Legitimate Business Interests and Legal Rights
Where required by law or where we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, safety, or interests of Figure Eight, our users, our employees, copyright owners, third parties or the public, including without limitation to protect Figure Eight or our users from fraudulent, abusive, inappropriate, or unlawful use of our Site. For example, we may disclose information about you in connection with legal claims, compliance, audit requests, rules, regulations, subpoenas, warrants, court orders, abuse reports or infringement claims.
4.5 Sale or Merger
In connection with any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of Figure Eight.
4.6 Other Users of the Services
Information you post in forums, blogs, comments, profiles, public or private groups, and other interactive areas of the Site or the Services may be available to other users and in some cases may be publicly available. For example, these include information you posted on our social media channels such as Twitter or Facebook. We recommend you be cautious about sharing personal information in public or private online forums.
If you are a Contributor, the TaskAuthor, or the user who posts tasks and invite Contributors to perform them, will receive your IP address, Contributor ID, Trust Score and Channel. We provide TaskAuthors with this information in order to help them better understand where services are being performed as well as the accuracy or trust-level based on your performance on that task. Such information will help Figure Eight as well as customers better deliver or receive services on the platform.
5. THIRD PARTY PARTNERS AND INTEGRATIONS
6. YOUR RIGHTS
Through the process provided on the Site, we allow you to access certain information about you for the purpose of viewing, and in certain situations, updating that information. The types of information that you can access and update may change as our Site and Services change. You may also contact us as set forth in the “Contact” section below to request access to, or update, your personal information. You may request deletion of your account by sending an e-mail to email@example.com and responding affirmatively to any confirmation emails that we may send. Please note that some information may remain in our records after deletion of your account. Where we have requested your consent to use or share your personal information, you have the right to withdraw such consent, however, you may no longer be able to benefit from certain products and services. In addition, you may opt-out from receiving marketing communications from us by visiting Manage Your Communications Preferences.
7. OPERATING GLOBALLY
7.1 EU-US & Swiss-US Privacy Shield
Under the Privacy Shield Framework, Figure Eight is subject to the authority of the Federal Trade Commission. If you have any questions or concerns relating to our Privacy Shield certification, contact us at Figure Eight, Inc., 940 Howard St. San Francisco, CA 94103 or by email at firstname.lastname@example.org. If we are not able to resolve your concern, you may also contact your European Data Protection Authority or Commission. In certain circumstances, you may also have the right to pursue binding arbitration through the Privacy Shield Framework, as described in Annex I to the Privacy Shield Principles.
7.2 California & Vermont Residents
Figure Eight will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.
7.3 California Privacy Rights
You have a right to choose whether we share your personal information with third parties for their own marketing purposes.
8. SECURITY AND RETENTION OF DATA
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information, to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Figure Eight Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Figure Eight Account, please contact us following the instructions in the Contact Us section below.
We retain personal information about you for as long as you have an open account with us and for 24 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.
9. EU CITIZENS AND 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 information, as outlined below.
For this section, the term “personal information” has the same meaning as “personal data” under the GDPR and we use the term “processing” as it is defined in the GDPR, but “personal information” 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. Figure Eight will be the data controller of your personal information processed in connection with the Services.
9.1 Lawful Basis for Processing
We will only process your personal information 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.
Examples of these legitimate interests include:
9.1.2 Consent: In some cases, we process personal information based on the consent you expressly grant to us at the time we collect such data. When we process personal information based on your consent, it will be expressly indicated to you at the point and time of collection.
9.1.3 Other Processing Grounds: From time to time we may also need to process personal information 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.
9.2 Data Subject Rights
You have certain rights with respect to your personal information, including those set forth below. For more information about these rights, or to submit a request, please email email@example.com. 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 information or official forms of identification, if necessary to verify your identity and the nature of your request.
You may exercise any of the rights described in this section by sending an email to firstname.lastname@example.org. Please note that we may ask you to verify your identity before taking further action on your request.
9.2.1. Managing Your Information
You may access and update some of your information through your Account settings. You are responsible for keeping your personal information up-to-date.
9.2.2 Rectification of Inaccurate or Incomplete Information
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Figure Eight Account).
9.2.3 Data Access and Portability
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
9.2.4 Data Retention and Erasure
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Figure Eight Platform to you, you can request that we erase your personal information and close your Figure Eight Account. Please note that if you request the erasure of your personal information:
9.2.5 Withdrawing Consent and Restriction of Processing
Where you have provided your consent to the processing of your personal information by Figure Eight you may withdraw your consent at any time by changing your Account settings or by sending a communication to Figure Eight specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to Section 8.2.6 and pending the verification whether the legitimate grounds of Figure Eight override your own.
9.2.6 Objection to Processing
In some jurisdictions, applicable law may entitle you to require Figure Eight not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Figure Eight will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask Figure Eight to cease processing your data for these direct marketing purposes by sending an email to email@example.com.
9.2.7 Lodging Complaints
You have the right to lodge complaints about the data processing activities carried out by Figure Eight to local data protection authority.
In order to prevent fraudulent activity on the Site or Services, we may use automated means to detect whether a user is engaging in fraudulent behavior. A user’s access to the Site or Services may be automatically suspended or terminated based on this automated processing in accordance with the Terms of Service. If you wish to dispute a decision made based on this automated processing, you may send an email to firstname.lastname@example.org.
11. CONTACT US
Figure Eight Technologies, Inc. Attn: Data Protection Officer, 940 Howard Street, San Francisco, CA 94103 USA.
The following definitions, billing methodologies, service descriptions and additional terms are applicable to the purchase and use of Figure Eight products and Services and shall be deemed incorporated into the Order Form or other Transaction Document between Customer/Partner (as applicable) and Figure Eight.
Figure Eight is constantly working to improve its Services for the benefit of all its global Customers, and as a result, we need to retain the right to make changes to all Services so long as the changes do not negatively impact our Customers. Figure Eight may modify or terminate any Service if such modification or termination is generally applicable to all Customers. Capitalized terms used but not defined herein shall have the meanings set forth in the Terms & Conditions governing Customer’s purchase of Figure Eight offerings.
If Licensee (or “Customer”) and Figure Eight enter an Order or Statement of Work (collectively, “SOW”) which references the document, and states that Customer is purchasing one or more of the standard services described below, Figure Eight will use commercially reasonable efforts to provide to Customer such services (“Services”), as described below.
I. Descriptions of Individual Standard Services:
A. Training – Platform:
B. Training – API Integration:
C. Professional Services – Quickstart:
D. Professional Services – Platform Administration:
E. Professional Services – Consulting Day:
These apply to any Services purchased by Customer:
B. Assumptions and Customer Responsibilities
D. Travel and Expenses
E. Governing Terms
The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a privacy and data protection regulation in the European Union (EU) that will be enforceable on May, 25 2018 and requires no enabling legislation so automatically becomes binding and applicable on that date.
The GDPR applies to the control and processing of data carried out by organizations operating within the EU. It also applies to organizations outside the EU which offer goods or services to EU citizens and individuals located in the EU.
With respect to its platform and services, we consider Figure Eight customers to be the data controller and Figure Eight itself the data processor.
Figure Eight places high importance on data protection. We already comply with the standards and best practices for the handling and processing of data.
Figure Eight has updated its policies and practices to reflect changes in data privacy laws, specifically the General Data Protection Regulation in the European Union (GDPR). As a processor of data, we have been planning and developing a program of works which has been designed to deliver what is required by the legislation. This involves working with our suppliers and partner organizations to ensure they can meet these obligations, as well.
Figure Eight has a Data Protection and Governance function in order to give customers confidence that the use of the Figure Eight products and services will be consistent with the GDPR when it goes into effect on May 25, 2018.